(A) It is a nuisance and shall be unlawful for any person to keep poultry or pigeons, or maintain any place where poultry or pigeons are kept, within 200 feet of the dwelling house of any person other than the keeper or owner of the poultry or pigeons. This section does not apply to duly licensed poultry dealers under and pursuant to the laws of the state and does not apply to backyard chickens permitted under a backyard chickens permit issued under the Whiteland Zoning Code.
(B) It is a nuisance and shall be unlawful for any person to keep any animal of the horse, cattle, goat, sheep, or swine within 200 feet of the dwelling house of any person other than the keeper or owner of these animals. However, in territories annexed to the town after December 31, 2011, this section does not apply to properties which kept such animals prior to passage of the annexation ordinance, as long as the animals are continuously maintained on the property. If the animals are not maintained on the property for a period of 30 days, the animals may no longer be allowed on the property.
(C) (1) Where permitted. Beekeeping is allowed as an accessory use on lot occupied by a single-family residence. Beekeeping for educational or research purposes by an institution such as a college, high school or agricultural extension office is allowed in all other zones, subject to the requirements of this division.
(2) Standards applicable to beekeeping. Beekeeping is subject to the following standards:
(a) Location, density and maintenance of colonies.
1. The number of colonies is limited to one colony per 4,350 square feet of lot area, up to a maximum of eight colonies regardless of lot size; and
2. Colonies shall be set back a minimum of 25 feet of any property line, except that a colony may be situated within ten feet of a side lot line or rear lot line provided the following provisions are met:
a. The beekeeper establishes and maintains a flyway barrier at least six feet in height consisting of a solid wall, solid fencing material, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the colony; or
b. The colony is situated ten feet or more above the grade of the nearest adjoining property line.
(b) Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding and swarming.
(c) In any instance in which a colony exhibits aggressive or swarming behavior, the beekeeper must ensure that the colony is re-queened. Aggressive behavior is any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs.
(d) Every beekeeper shall maintain an adequate supply of water for the bees located close to each hive.
(e) Registrations and training.
1. All colonies shall be registered with the Indiana Department of Natural Resources Division of Entomology and Plant Pathology prior to April 1 of each year.
2. The beekeeper shall have successfully completed The Indiana State Beekeepers Association (ISBA) beekeeping school.
(D) It shall be unlawful for any household or noncommercial establishment to keep, harbor, or maintain more than four animals of the same kind without the proper license or kennel designation.
(Ord. 2011-02, passed 10-11-11; Am. Ord. 2023-02, passed 7-11-23)
Penalty, see § 91.99