§ 9.05.060. Bees.

(a)

It shall be unlawful for any person to possess, harbor, keep, maintain or permit a colony within the Town, except as provided by this Section.

(b)

Maximum colonies permitted per residential or commercial lot.

(1)

Greater than 5,000-square-foot lot, but less than one-quarter-acre lot in size: Two (2) colonies;

(2)

One-quarter-acre lot, but less than one-half-acre lot in size: Four (4) colonies;

(3)

One-half-acre lot, but less than one-acre lot in size: Six (6) colonies;

(4)

One-acre lot, but less than five-acre lot in size: Twelve (12) colonies;

(5)

Five-acre lot, but less than 35-acre lot in size where all hives are situated at least two hundred (200) feet in any direction from all property lines of the lot on which the apiary is situated: Twenty-four (24) colonies; and

(6)

Thirty-five acre lot or greater where all hives are situated at least two hundred fifty (250) feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.

(c)

Minimum setback. A hive shall be set back a minimum of five (5) feet from any property line and shall not be located in the front yard as established by the zone district where the lot is located.

(d)

Hives. All colonies shall be kept in hives with moveable combs or frames, which shall be kept in sound and usable condition.

(e)

Rooftop Hives. Hives are permitted on flat rooftops on properties zoned for commercial uses where they meet setback requirements established in Subsection (c) above.

(f)

Water. The beekeeper authorized by the property owner, property owner, or occupant of the lot that contains a hive shall provide a convenient source of water on the lot that is available at all times for the bees to prevent the bees from congregating at swimming pools, outdoor faucets, pet water bowls, birdbaths or other water sources where bees may come into contact with humans, birds or domestic pets.

(g)

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 authorized by the property owner, property owner, or occupant of the lot that contains the colony to re-queen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

(h)

Community gardens, parks and open spaces. When a hive is located within a community garden, park, or open space, the beekeeper authorized by the property owner, the property owner, or occupant of the lot shall fully enclose the hive with a 6-foot fence to secure the hive from access by persons other than the beekeeper authorized by the property owner, property owner, or occupant of the lot. Exhibition and educational hives may be exempted from this requirement by the Animal Welfare Officer.

(i)

It shall be unlawful for any person to possess, harbor, keep, maintain or permit Africanized bees in the Town.

(Ord. 5.06.33.7 §5, 2015)