Beaumont Municipal Code Ch. 6.20 Apiaries

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.

(Ord. 960, 10/20/09; §1)

All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and useable condition.

(Ord. 960, 10/20/09; §1)

In each instance in which any colony is situated within 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 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 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 25 feet from the property line of the apiary tract.

(Ord. 960, 10/20/09; §1)

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, bibcock, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact.

(Ord. 960, 10/20/09; §1)

Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly de disposed in a sealed container or placed within a building or other bee proof enclosure.

(Ord. 960, 10/20/09; § 1)

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.

(Ord. 960, 10/20/09; §1)

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 two colonies.

2. More than one-quarter acre but less than one-half acre tract size four colonies.

3. One-half acre but less than one acre tract size six colonies.

4. One acre or larger tract size eight colonies.

Regardless of tract size, where all hives are situated at least 200 feet in any direction from the 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 at least 200 feet from any hive remains undeveloped property, there shall be no limit to the number of colonies.

B. For each two 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 9⅝-inch depth ten-frame hive body with no supers attached as required from time to time for management of swarm. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date it is acquired.

(Ord. 960, 10/20/09; § 1)

A. In apiaries, name and telephone numbers shall be branded, painted, or otherwise clearly marked upon the structure of at least two hives 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.

(Ord. 960, 10/20/09; §1)

The Animal Services Officer shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. 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.

(Ord. 960, 10/20/09; §1)

A. Upon receipt of information that any colony situated within the City is not being kept in compliance with this Title, the Department 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 removal 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 days prior to the date of the hearing.

C. The hearing shall be conducted by the Hearing Officer. 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 Title. If the hearing officer finds that the colony or colonies have been kept in violation of this Chapter, then he may order that the bees be destroyed or removed from the City, not to exceed 20 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 bees be removed or destroyed. Upon failure of 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 to 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 15 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 officer's 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 the 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.

(Ord. 960, 10/20/09; § 1)