HomeMy Public PortalAboutOrdinance 381ORDINANCE NO. 381
AN ORDINANCE OF THE CITY OP BEAUMONT RELATING
TO AND REGULATING THE LOCATION. OF' APIARIES
WITHIN THE CITY.
The City Council of the City of Beaumont does ordain as follows:
ARTICLE I
DECLARATION OF PURPOSE
Section 1. PURPOSE OF ORDINANCE. The provisions of this Ordinance are
hereby adopted to provide the regulation of bees in the City.
ARTICLE II
DEFINITIONS
Section 1. DEFINITIONS. For the purpose of this ordinance certain terms
used herein are defined as follows:
(A) BEES mean honey -producing insects of the species apis mellifica and
include the adults, eggs, larvae, pupae or other immature stages thereof,
together with such materials as are deposited into hives by their adults, except
honey and rendered beeswax.
(B) APIARY includes bees, comb, hives, appliances or colonies wherever the
same are kept, located or found.
(C) HIVE means any receptacle or container, or part thereof, made or
prepared for the use of bees or inhabited by bees.
(D) APPLIANCE means any implement or other device used in handling and
manipulating bees or their brood, or containers thereof.
(E) COMB includes all materials normally deposited into hives by bees
except extracted honey or royal jelly, trapped pollen, and processed beeswax.
(F) COLONY means one hive and its contents, including bees, comb and
appliances.
(G) LOCATION means any premises upon which an apiary is located.
ARTICLE III
LOCATION AND KEEPING OF APIARIES
(A) All apiaries owned and kept within the City of Beaumont •hall be kept
and located at a place at least 100 feet from all public roads (traveled portion)
unless there are natural barriers to prevent bees from causing a nuisance or
hazard to persons using the road.
(B) All apiaries owned and kept within the City of Beaumont shall be kept
and located at a place at least 300 feet distant from the nearest house or
building inhabited as a dwelling and shall not be kept and maintained at a lesser
distance thereto unless the owner of said apiary first procures permission from
the occupant or person using said building or house as a dwelling so to do.
(C) All apiaries owned and kept within the City of Beaumont shall be
arranged behind barriers (natural or otherwise) near school yards or places
where people congregate to cause bees to fly at a high altitude over such school
yard or place where people congregate.
(D) No apiary shall be kept or located upon the lands of another without
the owner or the person in possession of said apiary first procuring permission
of the owner of said lands to place said apiary thereon.
ARTICLE IV
WATER SUPPLY
An adequate water supply must be furnished and kept available to all apiaries
at all times. Such water supply must be available before or at the time such
apiaries are placed within the City, unless there is a stream or reservoir closer
than any other source.
ARTICLE V
IDENTIFICATION SIGNS
Every person owning an apiary located on premises other than where he
resides shall identify such apiary by a sign prominently displayed on the entrance
side of apiary stating in black letters name of the owner or person in possession
of the apiary, his address and telephone number or if he has no telephone, a
statement to that effect.
ARTICLE VI
NOTICE OF VIOLATION
Any person who violates any provision of this chapter may be served with a
written notice to cease or remedy such violation by any law enforcement officer
of the City. Said notice shall require that such person cease or remedy the
violation within 48 hours. Any person who fails to cease or remedy the violation
within said 48 hour period is guilty of a misdemeanor. The notice required by
this sectiob shall be served personally on such person or, by posting such
notice on a conspicuous place on or near the apiary where the violation occurred.
The 48 hour period for which such notice provides shall commence to run from
the time on the day such notice is served pursuant to this section.
ARTICLE VII
ABATEMENT OF NUISANCE
If the Chief of Police determines that the violation of any provision of
this ordinance constitutes a public nuisance to the extent that the health,
safety or welfare of the public is endangered through such violation the Chief
of Police may forthwith take such steps to abate such nuisance as to him seems
necessary and proper in the circumstances; provided, however, that the Chief
of Police shall not cause the destruction of any bees or any apiary unless in
his opinion the nuisance cannot otherwise be effectively and timely abated.
ARTICLE VIII
SEVERABILITY
If any section, subsection, clause or phrase of this ordinance for any
reason is held to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance shall not be affected thereby.
ARTICLE IX
PENALTY
Every person, firm or coporation, as principal, agent or employee violating
any of the provisions in Articles II to V inclusive, of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or
by both such fine and imprisonment, and every person, firm, or corporation
shall be deemed guilty of a separate offense for each day during any portion of
which any violation of any of the provisions of said sections is committed,
continued or permitted by such person, firm or corporation and shall be punished
therefor as provided herein.
ARTICLE X
EFFECTIVE DATE
The City Clerk shall certify to the adoption of this Ordinance
and shall cause the ame to be published in the Record Gazette, a
newspaper of general circulation, in the City of Beaumont, and this
ordinance shall be in full force and effect thirty days after its
adoption.
PASSED AND ADOPTED this 12th. day of September, 1967.
ATTEST: Mayor.
City Clerk.
I, Bernice Conine, City Clerk of the City of Beaumont, California,
hereby certify that the foregoing ordinance was introduced and read
at a regular meeting of the City Council of said City duly held on
the 22nd day of August, 1967, and that the same was duly passed and
adopted at a regular meeting, held on the 12th day of September,
1967, by the following vote:
AYES: Councilman Haskell, Karnes, Kief, Muse and Houston.
NOES: Councilman None.
ABSENT: Councilman None.
City Clerk.