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(a) Honeybee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions.
(b) Each beekeeper must ensure that a convenient source of water is available within ten feet of each colony at all times that the colonies remain active outside the hive, and the water shall be maintained so as not to become stagnant.
(c) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other honeybees is left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container.
(d) Each beekeeper shall maintain his or her beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms.
(e) A sign provided by animal control shall be displayed on a place clearly visible from the closest sidewalk, circulation area, parking lot or right- of-way to the hive(s), or in a location designated by the city. Said sign must warn the public as follows: BEE HIVE ON THIS PROPERTY. REPORT VIOLATIONS TO SIOUX FALLS ANIMAL CONTROL (605-367-7000). Hives located at the Sioux Falls Zoo and Aquarium are exempt from this requirement.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022; Ord. 73-24, passed 8-20-2024)
(a) Hive placement. The beehive(s) must not be located in the front yard of a property whose primary form is a DD or AD1 form. The beehives must be no closer than 25 feet to an occupied building on another lot. The hives shall be located at least ten feet from a property line. All hives shall be placed appropriately on the lot so as to inhibit access to the hive from adjacent properties and to prevent interference with the movements of persons on adjacent properties, sidewalks, circulation areas, parking lots, or in the public right-of-way. The front of the hive shall face away from the closest property line, sidewalk, and/or right-of-way, whichever is closest.
(b) Flyway barriers. A flyway barrier must be installed in front of the hive if the hive is located less than 25 feet from the property line in the DD and AD1 forms. A flyway barrier is not required if the hive is located at least ten feet off the ground.
(c) Security fence. Except in the OPEN3, DD and AD1 forms, a hive must be enclosed by a fence at least ten feet from the front of the hive and four feet from the other sides in accordance to Chapter 160. This requirement may be waived by Animal Control. A fence is not required if the hive(s) is located at least ten feet off the ground.
(Ord. 106-19, passed 11-5-2019; Ord. 99-22, passed 8-16-2022)
(a) Notwithstanding compliance with the requirements of this chapter, it shall be unlawful for any person to keep any colony or colonies in such a manner, or of such a disposition, as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, interfere with the normal use and enjoyment of any public property or property of others, or as to create a nuisance to others.
(b) If a colony is found to be a nuisance, the hobby beekeeper must relocate or destroy all hives within 30 days of the final nuisance determination.
(c) All hives and colonies shall be subject to inspection by the city upon request.
The city may utilize any action available under the law to address violations of this subchapter, including but not limited to the following:
(a) The city may seek to enjoin any person or operation who violates the provisions of this subchapter.
(b) In the case of a violation of this subchapter, the city may elect to destroy a hive and/or relocate a colony, if there is an immediate need to protect public safety, or may require the hobby beekeeper to destroy or relocate a colony. Such circumstances shall be present when there is: (1) a colony not residing in a hive structure intended for beekeeping; (2) a dangerous swarm of honeybees that poses an immediate risk to the safety of humans; or (3) a colony residing in a standard or man-made hive which, by virtue of its condition, has obviously been abandoned by the beekeeper.
(c) The permit may be modified or revoked by the city for failure to comply with the applicable provisions of city ordinance, state law, rule or regulation, or for other good cause. The licensee may appeal through the procedures established by the administrative code provisions of this code according to the procedure set forth in § 30.040.
(d) Any violation of this section shall be subject to the general penalty under § 10.999.
(Ord. 106-19, passed 11-5-2019)