§ 91.25  HONEY BEES.
   (A)   Notwithstanding the provisions of § 91.10 which remain in full force and effect, honey bees (as defined herein) shall be allowed to be kept in the city on parcels of land consisting of less than five contiguous acres in strict accordance with all of the following requirements:
   (B)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APIARY.  The assembly of one or more hives or colonies of honey bees at a single location.
      BEEKEEPER. An individual who keeps honey bees in hive(s) which meet state approved requirements.
      BEEKEEPING EQUIPMENT. Anything used in the operation of an apiary, such as hive bodies, supers, frames top and bottom boards and extractors.
      CITY.  The City of Valparaiso, Indiana.
      COLONY.  The entire honey bee family or social unit living together including the queen, workers and drones.
      FLYWAY BARRIERS.  Fencing, dense hedging or a combination of the two which provide a shield or protective barrier from the direction in which honey bees fly when approaching or leaving a hive.
      HIVE.  A frame or structure used or employed as a domicile for honey beers which meet state requirements.
      HONEY BEE.  The common domestic honey bee, limited to Apis mellifera species, specifically excluding the African honey bee, Apis mollifier scutellata or Africanized honey bee, or any hybrid thereof.
      LOT.  A parcel of real estate or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of:
         (a)   A single lot of record; or
         (b)   A combination of lots of record.
   (C)   Restrictions.  Honey bees shall be allowed to be kept in the city on lots consisting of less than five contiguous acres in strict accordance with all of the following requirements.
      (1)   Hives shall be permitted to be either the Langstroth hive or Warre' (Peoples') hive and shall not exceed 17 cubic feet in volume. No other hives shall be permitted.
      (2)   The number of hives on any lot in the city shall be limited to two hives. A temporary hive (a/k/a Nuc hive) may be used temporarily to prevent swarming. The temporary hive shall be immediately removed from use when the hive(s) are re-established.
      (3)   In no event shall a hive be located closer than ten feet from a public sidewalk, street or pathway. The distance shall be measured from the center of the closest hive to the edge of the public sidewalk, street or pathway.
      (4)   Hives shall not be located closer than ten feet from the property line as measured from the center of the hive.
      (5)   A flyway barrier must be installed for all hives that are located within ten feet of the property line, public sidewalk, street or pathway. The flyway barrier shall be installed no further than four feet in front of the hive entrance. The flyway barrier must be wide enough to extend two feet on each side of the hive. The flyway barrier must meet all applicable fencing requirements (location and materials) set forth in the city's Unified Development Ordinance.
      (6)   All bee hives must be located in rear yards.
      (7)   All bee hives shall have a source of water available on the lot on which the hive is located. The water source shall be located near the hive entrance/exit. The water source shall be at least the size of an average bird bath.
   (D)   Any violations of this section shall be subject to the applicable penalties set forth in § 91.99. In addition, without waiving any of the foregoing penalties, the city shall be permitted to take all reasonable actions including, but not limited to, removal or destruction of any apiary, hive or colony which poses a threat to the public health, safety or welfare, creates a public nuisance or which has been abandoned.
   (E)   Any individual that recklessly disturbs or molests an apiary, hive, colony, or other honey bee habitat, without permission of the owner, shall be subject to all criminal penalties permitted by law.
(Ord. 27-2016, passed 12-12-16)