Loading...
HomeMy Public PortalAboutOrdinance 785Ordinance No. 785 AN ORDINANCE REPEALING ORDINANCE NO. 381 OF THE CITY OF BEAUMONT AND REPLACING SECTION 6.32 OF THE CITY OF BEAUMONT MUNICIPAL CODE ENTITLED "APIARIES" IN ITS ENTIRETY. THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Rescission Chapter 6.32 of the Beaumont Municipal Code (Ordinance No. 381 adopted September 12, 1967) is hereby repealed in its entirety. Section 2: Apiaries The following new chapter is added to the Beaumont Municipal Code to read as follows: 6.32.010 Purpose and Intent The City Council finds that honey bees are of benefit to mankind by providing agriculture, fruit and garden pollination services and by furnishing honey, wax and other useful products. The City Council recognizes that gentle strains of honey bees can usually be maintained within populated areas within reasonable densities without causing a nuisance if the bees are properly located and carefully managed. The purpose of this chapter is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas. 6.32.020 Definitions follows: For the purpose of this chapter certain terms used in this chapter are defined as A. "Apiary" means a place where bee colonies are kept. B. "Bee" means any stage of the common domestic honey bee, Apis mellifera species. C. "Colony" means a hive and its equipment and appurtenances including bees, comb, pollen, and brood. D. "Hive" means a structure intended for the housing of a bee colony. E. "Robbing" means to take something away from. F. "Tract" means a contiguous parcel of land under common ownership. G. "Underdeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. 6.32.030 Hives All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and usable condition. 6.32.040 Fencing of Flyways In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest establishment, the beekeeper shall maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, 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 (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract. 6.32.950 Water Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact. 6.32.060 General Maintenance Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed in a sealed container or placed within a building or other bee proof enclosure. 6.32.070 Queens In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and non -swarming characteristics. 6.32.080 Colony Densities (A) It shall be unlawful to keep more than the following number of colonies on any tract within the City, based upon the size of configuration of the tract on which the apiary is situated: 1. One-quarter acre or less tract size - 2 colonies; 2. More than one-quarter acre but less than one-half acre tract size - 4 colonies; 3. One-half acre but less than one acre tract size - 6 colonies; 4. One acre or larger tract size - 8 colonies; Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of a least two hundred (200) feet from any hive remains undeveloped property, there shall be no limit to the number of colonies. (B) For each two (2) colonies authorized under Colony densities (Subsection A) there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth ten -frame hive body with no supers attached as required from time to time for managements of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired. 6.32.090 Marking Hives, Presumption of Beekeeping (A) In apiaries, name and telephone numbers shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives and placed at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. (B) Unless marked in accordance with Subsection (A) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. 6.32.100 Inspection The Code Enforcement Officer, Animal Control Officer, or Police Chief shall have the right to inspect any apiary between the hours of 8:00 am and 5:00 pm. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. 6.32.110 Compliance (A) Upon receipt of information that any colony situated within the City is not being kept in compliance with this ordinance, the City Manager or Police Chief shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper. (B) The notice of hearing shall set forth: 1. The date, time and place at which the hearing will be conducted, 2. The violation(s) alleged, 3. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses, and request a court reporter, 4. That the bees may be ordered destroyed or removed from the City if the hearing officer finds that they have been kept in violation of this article. Notice shall be given by certified United States mail or personal delivery. However, if the City is unable to locate the beekeeper, then the notice may be given by publication one time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. (C) The hearing shall be conducted by City Manager or any officer that he may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this ordinance. If the hearing officer finds that the colony or colonies have been kept in violation of this ordinance, then he may order that the bees be destroyed or removed from the City, not to exceed twenty days, and that bees not thereafter be kept upon the tract for a period of two years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he may issue a warning in lieu of ordering the bee be removed or destroyed. Upon failure the beekeeper to comply with the order, the officer may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expense for their return. (D) The decision of the hearing officer may be appealed to the City Council by filing a notice of appeal with the City within ten days following the date that the hearing officer announces his decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen days following the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall not sway the hearing officers decision, and it shall be the responsibility of the beekeeper to remove the bees from the City pending the determination of the appeal. (E) The provisions of this section shall not be construed to require a hearing for the destruction of (1) any bee colony not residing in a hive structure intended for beekeeping or (2) any swarm of bees or (3) any colony residing in a standard or man-made hive, which by virtue of its condition, has obviously been abandoned by the beekeeper. Section 3: If any provision, section, sentence, subsection, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this ordinance are declared to be severable for purpose. Section 4: This Ordinance shall become effective on March 9, 1999 PASSED, APPROVED, and ADOPTED this 9th day ofFebruary , 1999. AYES: Mayor Leja, Council Members Parrott, and Berg. NOES: None. ABSTAIN: None. ABSENT: Council Members Westcot and Zeller. �sl,rc.Ci r eX yor of the City of Beaumor ATTEST: