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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.