HomeMy WebLinkAboutWork Session Bee Keeping Ordinance
BEEKEEPING ORDINANCE
prepared by the
University of Wisconsin Oshkosh
Environmental Studies Capstone Students
WHEREAS, honey bees (apis mellifera) are of benefit to mankind, and to Wisconsin in
particular, by providing agriculture, fruit and garden pollination services and by furnishing
honey, and other useful local economic products; and
WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits,
including gentleness, honey production, tendency not to swarm and nonaggressive behavior,
characteristics which are desirable to foster and maintain; and
WHEREAS, gentle strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and carefully
managed;
NOW THEREFORE, be it ordained and enacted by ___________________________
Section 1. Preamble Adopted.
That the findings contained in the preamble of this ordinance are hereby adopted as a part of
this ordinance.
Section 2. Definitions.
As used in this article, the following words and terms shall have the meanings ascribed in this
section unless the context of their usage indicates another usage.
2.1 “Apiary” means the assembly of one or more colonies of bees at a
single location.
2.2 “Beekeeper” means a person who owns or has charge of one or
more colonies of bees.
2.3 “Beekeeping equipment” means anything used in the operation of an
apiary, such as hive bodies, supers, frames, top and bottom
boards and extractors.
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2.4 “Colony”means an aggregate of bees consisting principally of
workers, but having,when perfect,one queen and at times drones,brood,
combs, and honey.
2.5 “Hive” means the receptacle inhabited by a colony that is
manufactured for that purpose.
2.6 “Honey bee” means all life stages of the common domestic honey bee,
apis mellifera species.
2.7 “Lot” means a contiguous parcel of land under ownership.
2.8 “Nucleus colony” means a small quantity of bees with a queen housed in
a smaller than usual hive box designed for a particular purpose.
2.9 “Undeveloped 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 occupancy and the
grounds maintained in associations therewith. The term shall be
deemed to include property developed exclusively as a street or
highway or property used for commercial agricultural purposes.
Section 3. Purpose of Ordinance.
3.1 The purpose of this ordinance is to establish certain requirements for
beekeeping within the City, to avoid issues which might otherwise be
associated with beekeeping in populated areas.
3.2 Compliance with this ordinance 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.
3.3 Compliance with this ordinance 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 in the
State of Wisconsin.
Section 4. Standards of Practice.
4.1 Honey bee colonies shall be kept in hives with removable frames,
which shall be kept in sound and usable condition.
4.2 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.
4.3 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
insectproof container.
4.4 For each colony permitted to be maintained under this ordinance, there
may also be maintained upon the same apiary lot, one nucleus colony in a
hive structure not to exceed one standard 95/8 inch depth 10frame hive
body with no supers.
4.5 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 ordinance that a beekeeper’s unused equipment
attracted a swarm and that the beekeeper is not intentionally keeping bees.
Section 5 Colony Density.
5.1 Except as otherwise provided in this ordinance, in each instance where a
colony is kept less than 25 feet from a property line of the lot upon
which the apiary is located, as measured from the nearest point on the hive
to the property line, the beekeeper shall establish and maintain a flyway
barrier at least 6 feet in height. The flyway barrier may consist of a wall,
fence, dense vegetation or a combination thereof, such that bees will fly over
rather than through the material to reach the colony. If a flyway barrier of
dense vegetation is used, the initial planting may be 4 feet in height, so
long as the vegetation normally reaches 6 feet in height or higher. The
flyway barrier must continue parallel to the apiary lot line for 10 feet in either
direction from the hive, or contain the hive or hives in an enclosure at least 6
feet in height. A flyway barrier is not required if the property adjoining the
apiary lot line (1) is undeveloped, or (2) is zoned agricultural, industrial or is
outside of the City limits, or (3) is a wildlife management area or naturalistic
park land with no horse or foot trails located within 25 feet of the apiary lot
line.
5.2 No person is permitted to keep more than the following numbers of
colonies on any lot within the City, based upon the size or configuration of
the apiary lot:
a. One half acre or smaller lot 2 colonies
b. Larger than 1/2 acre but smaller than 3/4 acre lot 4
colonies
c. Larger than 3/4 acre lot but smaller than 1 acre lot 6 colonies
d. One acre but smaller than 5 acres 8
colonies
e. Larger than 5 acres no restriction
5.3 Regardless of lot size, so long as all lots within a radius of at least 200
feet from any hive, measured from any point on the front of the hive, remain
undeveloped, there shall be no limit to the number of colonies.
No grandfathering rights shall accrue under this subsection.
5.4 If the beekeeper serves the community by removing a swarm or swarms
of honey bees from locations where they are not desired, the beekeeper
shall not be considered in violation the portion of this ordinance limiting
the number of colonies if he temporarily houses the swarm on the apiary
lot in compliance with the standards of practice set out in this ordinance for
no more than 30 days from the date acquired.
Section 6. Permits
6.1 No person shall keep honeybees or establish or maintain any hive, upon
any
premises within the City limits without a valid permit approved by the
City Clerk or his/her designee.
6.2 The permit application shall include a diagram describing the location of
the
hive, stand or box in relationship to lot boundaries, the barrier and water
supply as required by this Section and Section 720 11., of the Code. The
City Clerk or his or her designee may review the plan with staff before
issuing the permit.
6.3 The applicant shall mail the permit application to all adjacent property
owners
with instructions on how to contact the City Clerk to object. Any adjacent
owner/occupant may object if they believe a bee hive would be
detrimental to their health. Any adjacent owner/occupant may present a
medically documented allergy to the City Clerk and request that the permit
be denied.
6.4 All permits shall be issued for a term of one year, commencing with the
first day
of January of each year and terminating as of 12:00 midnight on the last
day of the permit period. Application for permits may be made from
January 1 through March 31 st of each year without a late fee. A permit
that is not renewed shall be considered expired.
6.5 The permit information shall be attached to one of the hives, which shall
include
a name, permit number and an emergency contact telephone number.
6.6 Permit, late fee and renewal fees shall be paid in accordance with the fee
schedule set by resolution of the City Council.
6.7 A permit shall expire at such time as the permittee no longer maintains
hives at
the permitted address.
6.8 Revocation. A permit may be revoked by the City Clerk or his/her
designee at
the request of the Chief Building Inspector, Fire Inspector, Fire Chief,
Police Chief, or any of their designees for any of the following reasons:
a) Failure to comply with any of the provisions of
this section of the Code.
b) Where the keeping of honeybees is
determined to create a nuisance as defined by Chapter 476
of the Code. c) Where it is determined that
the keeping of honeybees is detrimental to the life or health
of an adjacent property owner. A written Doctor's report of
an allergy is proof that it would be detrimental. d) Failing to
notify an adjacent property owner(s) about the requested
permit.
e) Once revoked, a permit shall not be reissued for a two (2) year
period.
6.9 Any applicant whose permit application has been denied or revoked under
the
provisions of this Ordinance shall have the right to appeal said denial.
6.10 Any permit holder who has his or her permit revoked must within 96
hours have
the honeybees and hive(s) properly removed from such property.
Section 7. Education
The permit applicant shall have at least seven hours of beekeeping education/training from a
local technical college or university. Proof of education/training shall be provided with the
permit application.
Section 8. Schools
Nothing in this section shall be deemed or construed to prohibit the keeping of honeybees in a
hive, stand or box located within the premises of a public or private school or university for the
purpose of study or observation.
Section 9. Inspection.
A designated City official shall have the right to inspect any apiary for the purpose of ensuring
compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon prior notice to
the owner of the apiary property, and more often upon complaint without prior notice.
Section 10. Presumed Colony/Hive Value.
For the purpose of enforcing City ordinances against destruction of property, each
colony/hive shall be presumed to have a value of $275.
Section 11. Compliance.
11.1 Upon receipt of credible information that any colony located within the
City is not being kept in compliance with this ordinance, [the designated
City official] shall cause an investigation to be conducted. If the
investigation shows that a violation may exist and will continue, [the
designated City official] shall cause a written notice of hearing
to be issued to the beekeeper, which notice shall set forth:
a. The date, the time and the place that the hearing will be held,
which date shall be not less than 30 days’ from the
date of the notice;
b. The violation alleged;
c. That the beekeeper may appear in person or through counsel,
present evidence, cross examine witnesses and request a
court reporter, and
d. That if [the designated City official] finds that they have been
kept in violation of this ordinance, and if the violation is not
remediated within the time allowed, the bees may be ordered
to be removed
Notices shall be given by certified US Mail return receipt requested or
personal delivery. However, if the beekeeper cannot be located,
then notice may be given by publication in a legal newspaper for the
county in which the apiary property is located, at least seven days before
the hearing.
11.2 The hearing shall be conducted by [the designated City official]. The
burden shall be on the City to demonstrate by a preponderance of
evidence that the colony or colonies have been kept in violation of this
ordinance.
If [the designated City official] finds a violation, then he/she may order
that the bees be removed from the City or such other action as may address
the violation, and that the apiary lot be disqualified for permitting under this
ordinance for a period of 2 years from the date of the order, the
apiary lot ownership changes, in which case the prohibition shall
terminate. If the order has not been complied with within 20 days of the
order, the City may remove the bees and charge the beekeeper with the cost
thereof.
11.3 The decision of the hearing officer may be appealed by the beekeeper as
provided in the City’s rules and procedures. If no provision for appeal
exists, then the beekeeper may file a notice of appeal with the City
secretary within 15 days of the date the order is placed in US Mail to
the beekeeper, or 10 days if the decision is announced at the hearing by
[the designated City official]. An appeal shall not stay [the designated
City official]’s decision, and the beekeeper shall be required to comply
with such order pending the outcome of the appeal.
11.4 No hearing and no order shall be required for the destruction of
honey
bees not residing in a hive structure that is intended for beekeeping.
Section 12. Savings Clause.
In the event any part of this ordinance or its application to any person or property is held to
be unenforceable for any reason, the unenforceability thereof will not affect the
enforceability and application of the remainder of this ordinance, which will remain in full
force and effect.
Section 13. Effective Date.
This ordinance shall become effective on ________________________
SAMPLE LETTER
Date:
Name:
Address:
City/State/Zip:
RE: NOTICE OF BEEKEEPING ON (INSERT ADDRESS)
Dear Resident or Property Owner:
I am the owner of the property located at (address). This property can be legally identified as
(parcel number). (I / we) (am / are) considering keeping bees on this property. This notice is to
notify neighbors of our intention to keep bees. Attached are the beekeeping requirements for
bees kept within the City of Oshkosh. Please feel free to contact (me / us) at (phone number) or
(email address) if you have any questions. Sincerely, (Name of property owner)
BEEKEEPING PERMIT APPLICATION
January 1stDecember 31st
To be determined
Neighbor Notification
The following immediately adjacent properties have been notified of the applicant’s intent to
keep bees as demonstrated with receipts or other documentation from a mail provider:
Name Address
Property and Apiary Diagram
Please supply a scaled sketch of your property and apiary.
The sketch must include:
Location of house and surrounding buildings
Your lot lines
Location, size and type of all structures for the keeping of bees
height shall not exceed 5 feet
Setbacks of apiary
Location of required water source within 3 feet of hive
Colonies must be setback 25 feet from the property line of an adjacent residential lot