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§ 90.104 NUISANCE PROHIBITED.
   (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.
§ 90.105 COMPLIANCE WITH ALL APPLICABLE LAWS.
   Beekeepers shall comply with all applicable federal and state laws, including but not limited to those provisions found within SDCL ch. 38-18, and all other relevant city ordinances, including zoning regulations.
(Ord. 106-19, passed 11-5-2019)
§ 90.106 PENALTIES.
   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)
§ 90.107 SPRAYING.
   The city is not liable for any damage to honeybees, hives, colonies, or hobby beekeeping operations resulting from the city's use of spray to kill pests or weeds on public rights-of-way or public property.
(Ord. 106-19, passed 11-5-2019)