CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Keeping of Bees

Abandoned Hive includes, but is not limited to, a colony or hive and equipment a beekeeper has ceased to manage, is deserted, not maintained or left unattended.

Apiary means the assembly of one or more colonies of bees at a single location.

Beekeeper means a person who owns or has charge of one or more colonies of bees.

Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

Colony means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey.

Hive means the receptacle inhabited by a colony that is manufactured for that purpose. A hive consists of a managed Bee Colony kept in a structure intentionally provided by the Beekeeper for Bee housing. The Bee housing structure has movable frames to allow the Beekeeper and inspector complete access to the inner living area of the colony and its contents for manipulations such as re-queening, viewing, evaluation and sampling.

Hive Pests means any agent or characteristic in a managed Bee Colony or Hive that makes the existence of such Colony or Hive detrimental to the apicultural industry, other neighboring apiaries, the environment, or public safety by being kept in a manner as to contain any unhealthy conditions or be a source of Bee Pests which include but is not limited to disease, parasites, fungi, foulbrood, bacteria, microsporidia, virus, insect, nematode, mites, or other organisms that damage Bees or Bee products.

Honeybees or Bees means all life stages of the common domestic honeybees (Apis Mellifera).

Flyover Barrier is a solid wall, fence, or dense vegetation or combination thereof that provides an obstruction through which bees cannot readily fly.

Neighboring Dwellings means a place where a person resides and may include, but is not limited to, the following: any part of an attached home, unattached residential office, unattached garage, mobile home, guest home, condominium or apartment.

Nuc or Nucleus colony means a small hive, smaller than the usual hive box designed for a particular purpose.

Tract means a continuous parcel or land under common ownership.

Undesirable Bee Behavior is any behavior exhibited by Bees from a Hive that may result in harm to others. Undesirable Bee Behavior includes but is not limited to, characteristics of Africanized Bees guarding a larger territorial perimeter around the Hive in greater numbers than is typical of European Bees, responding to minimal or no provocation into over defensiveness, aggressiveness, repeated swarming, unpredictability, reactiveness, and agitation during, but not limited to, Hive inspection. Bees foraging on flowering vegetation is considered normal and desirable.

(Ord. 1646; Code 2021)

(a)   The purpose of this article is to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. Compliance with this article shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any alleged nuisance.

(b)   Compliance with this article shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among beekeepers in the State.

(Ord. 1646; Code 2021)

(a)   Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

(b)   Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. The water source shall be closer to the hives than a neighboring source where bees could become a nuisance such as a pool or pet water bowl. The water source may be natural such as a pond, stream, or artificial source. Each beekeeper shall ensure that no wax, comb, or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site, shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.

(c)   Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this article that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.

(d)   Each beekeeper should practice best hive management practices which includes replacing queens in colonies exhibiting defensive behavior, practicing swarm control measures and avoiding disturbing hives when such disturbance is more likely to cause issues with neighbors or the general public.

(Ord. 1646; Code 2021)

(a)   Two (2) hives, with only one (1) colony in each hive, plus one “nuc”. Hives shall only be located in the rear or side yard. No hives are permitted on any tract where the setback requirements cannot be satisfied regardless of tract size. Hives must be located at or greater than 50 feet from neighboring dwellings and 30 feet from any public road or sidewalk. No colony shall be kept closer than 10 feet from any lot line. The front of the hive shall face away from the property line of the residential lot closest to the beehive.

(b)   Hives that are located within twenty (20) feet of a property line shall be screened by a flyover barrier consisting of a six (6) foot solid fence, wall, dense vegetation, other barrier or a combination thereof. The screen shall extend at least twenty (20) feet in both directions from the point on the property line or lines where the hive is the closest to the property line. Vegetative screening shall be planted and maintained so as to form a continuous, unbroken, solid screen prior to the establishment of the hive(s).

(c)   Wild occurring bees, such as those residing in hollow trees whose honey is not harvested, are not subject to the rules and standards of practice listed above.

(Ord. 1646; Code 2021)

(a)   A designated City official shall have the right to inspect any apiary or hive for the purpose of ensuring compliance with this article between 8:00 a.m. and 5:00 p.m. once annually upon prior notice to the owner of the apiary property and more often upon complaint without prior notice.

(b)   Compliance with this article shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any proven nuisance.

(Ord. 1646; Code 2021)

(a)   A person desiring to keep bees in the city shall apply for a permit to do so and the governing body will consider whether such permit should be granted. A permit granted pursuant to this section shall be reviewed annually at the April regular meeting of the governing body and said permit may be renewed or cancelled at that time. The governing body reserves the right to revoke a permit at any time.

(b)   For the purpose of annual inspection by a designated City official, beekeepers shall register their hives, apiaries and beekeeping operations with the Riley City Clerk and provide the following information:

(1)   Beekeeper name

(2)   Address where bee operation will be located

(3)   Brief description of bee operation and property area

(Ord. 1646; Code 2021)