Article VIII — BEEKEEPING

Editor's note— Ord. No. 2294, § 3, adopted Nov. 5, 2019, amended Art. VIII in its entirety to read as herein set out. Former Art. VIII, §§ 4.80.005—4.80.050, pertained to similar subject matter and derived from Ord. No. 1971, § II, adopted Feb. 22, 1994; and Ord. No. 2276, § 1, adopted Sept. 18, 2018.

Sec. 4.80.002. - "Abandoned apiary" defined.

As used in this article, "abandoned apiary" includes but is not limited to, a colony(s) or hive(s) and equipment a beekeeper has ceased to manage, is deserted, not maintained and/or left unattended, remains without authorization on the property of another, is without proper identification and/or registration, and/or where the owner is unable to be located and/or contacted.

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.005. - "Apiary" defined.

As used in this article, "apiary" means bees, hives and appliances wherever the same are kept, located or found, including a fresh water source on the same property not more than one hundred (100) feet away from the hives (not a pool, hot tub nor spa.).

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.010. - "Bees" defined.

As used in this article, "bees" means honey-producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.012. - "Flight dispersing barrier" [defined].

As used in this article, "flight dispersing barrier", also called flyover barrier, means a device such as a wall, fence, or dense vegetation or combination thereof that provides an obstruction through which honey bees cannot readily fly. Such barrier must be constructed at a minimum height of six (6) feet from the ground and a maximum height in accordance with Town regulations for fences and accessory dwelling units. Barrier must surround the immediate vicinity of the colony(s) or hive(s) yet leave sufficient space for beekeeper to maintain colony(s) or hive(s). Property line fences or barriers may constitute flight dispersing barriers, if they

are sufficiently close to the hive to redirect bee flight up and away from sensitive areas or neighboring properties. Barrier must conform with setback requirements for fences and accessory dwelling units as defined by Town regulations.

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.015. - "Hive" defined.

As used in this article, "hive" means any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession.

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.020. - "Location" defined.

As used in this article, "location" means any premises upon which an apiary is located.

(Ord. No. 2294, § 3, 11-5-19)

Sec. 4.80.022. - "Undesirable honey bee behavior" defined.

As used in this article, "undesirable honey bee behavior" means any behavior exhibited by honey bees from a managed apiary that may result in harm to others. Such behaviors include, but are not limited to, characteristics of Africanized honey bees, bees exhibiting unusually aggressive defensive behavior, such as stinging or attempting to sting without provocation or exhibiting an unusual disposition toward swarming.

(Ord. No. 2294, § 3, 11-5-19)