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12, 1967) is hereby repealed in its entirety.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.
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yor of the City of Beaumor
ATTEST: