HomeMy WebLinkAbout16. 17-185 MARCH 28, 2017 APRIL 11, 2017 17-162 17-185 ORDINANCE
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(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 6 ANIMALS TO
PERMIT BEEKEEPING; CREATE SECTION 6-6.3 URBAN
BEEKEEPING
INITIATED BY: COMMUNITY DEVELOPMENT
SUSTAINABILITY ADVISORY BOARD RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 6
ANIMALS OF THE CITY OF OSHKOSH MUNICIPAL CODE TO PERMIT URBAN
BEEKEEPING
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 6-1(A)(1) Definitions is hereby amended by creating
subsection (e) bees.
SECTION 2. That Section 6-3(E) regarding a license being required is hereby
created to read as follows:
(E) For bees, as otherwise described in this Chapter.
SECTION 3. The second paragraph of Section 6-4 regarding licenses and fees, is
hereby repealed and recreated to read as follows:
Every owner of a chicken or bees shall pay the City Treasurer prior to January 1 of
each year, the sum of Fifteen Dollars ($15.00) for a chicken or bee license.
SECTION 4. The third paragraph of Section 6-4 regarding late payment of licenses
and fees is hereby amended to include bees.
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SECTION 5. That Section 6-6.3 Urban Beekeeping is hereby created to read as
follows:
SECTION 6-6.3 URBAN BEEKEEPING
(A) Purpose
The purpose of this section is to establish certain requirements to allow urban
beekeeping on lots within the city. A further purpose is to avoid issues that
might otherwise be associated with urban beekeeping in neighborhoods.
Honeybees are critical pollinators for flowers, fruits and vegetables. Managed
colonies of bees help to increase yields and quality of a large variety of plants
commonly found in backyard gardens, parks, and natural areas. A growing
interest in renewable resources has prompted more people to take up urban
beekeeping as a way to produce their own honey, beeswax, pollen and other hive
products that are high in nutritional value. Domestic strains of honeybees have
been selectively bred for desirable traits so that they can be kept within
populated areas and in reasonable densities. By providing an ordinance for
urban beekeeping on properties, the City can support a sustainable activity while
setting standards that are practical for beekeepers and safe for neighbors.
(B) Definitions
The following words and terms shall have the meanings ascribed in this Section
unless the context of their usage indicates another usage.
(1) "Apiary" means the assembly of one or more colonies of bees at a single
location which also include wild bee houses constructed by the property
owner.
(2) "African honey bee" (Apis mellifera scutellata) means a subspecies or
hybrid of the common domestic honey bee (Apis mellifera) native to central
and southern Africa.
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(3) 'Beekeeper" means a person who owns or has charge of one or more
colonies of bees which also includes a person constructing a wild bee
house on their property.
(4) 'Beekeeping equipment" means anything used in the operation of an
apiary, such as hive bodies, supers, frames, top and bottom boards and
extractors.
(5) "Colony" means an aggregate of bees consisting principally of workers,
but having, when perfect, one queen and at times drones, brood, combs,
and honey.
(6) "Hive" means the receptacle inhabited by a colony that is manufactured
for that purpose.
(7) "Honey bee" means all life stages of the common domestic honey bee,
apis mellifera (African subspecies and Africanized hybrids are not
allowed).
(8) "Lot" means a contiguous parcel of land under common ownership.
(9) "Nucleus colony' means a small quantity of bees with a queen housed in
a smaller than usual hive box designed for a particular purpose.
(C) Standards of practice.
Prior to establishing an Apiary, the following criteria constitute standards and
practices that, when applied to urban beekeeping, protect the health, safety,
property and welfare of the general public:
(1) In all zoning districts, the following regulations shall apply:
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(a) Honey bee colonies shall be kept in hives with removable frames,
which must be kept in sound and usable conditions. This includes
securing unused equipment from weather, theft, vandalism or
occupancy by swarms of bees.
(b) The maximum size of a hive should not exceed 36 inches in height
by 24 inches in width and 24" depth.
(c) The maximum number of hives allowed on any lot are based on the
size of lot, as follows:
(i) Lot size of 1/2 acre or smaller: maximum two (2) hives
allowed.
(ii) Lot size larger than 1/2 acre but smaller than one acre:
maximum four (4) hives allowed.
(iii) Lot size of one acre or larger: maximum of six (6) hives
allowed.
(d) No beehive shall be kept closer than five (5) feet to any lot line and
twenty-five (25) feet to a dwelling or the permitted placement of a
dwelling on another parcel, and beehive shall be placed only in the
rear yard. The entrance of any beehive shall face away from the
property line of the adjacent property closest to the beehive.
(e) A solid fence or dense hedge, known as a "flyway barrier," at least
six (6) feet in height, must be placed around the beehive, and shall
be located within five (5) feet of the hive and shall extend at least
three (3) feet on either side of the hive. No such flyway barrier shall
be required if all beehives are located on roofs, porches or balconies
at least ten (10) feet above grade.
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(f) A supply of fresh water no smaller than three (3) gallons in size
shall be maintained in a location within ten feet of each colony and
readily accessible to all bee colonies on the site throughout the day
to prevent bees from congregating at neighboring swimming pools
or other sources of water on nearby properties.
(g) Each beekeeper must 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 vermin-proof container.
(h) 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.
(i) Prohibitions. Africanized honey bees (Apis mellifera scutellata) may
not be kept on a property under the regulations of this Section.
(D) License required.
(1) No beekeeping may occur on any property in the city unless the
Community Development Director or designee issues a license to the
beekeeper on that specific property. The license will be valid for a single
calendar year beginning on January 1St and expiring on December 31st.
(2) A beekeeping license will only be issued if:
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(a) The license application has been submitted documenting all
applicable items to include; name of applicant, property address,
contact number, license fee, and scaled site plan consistent with
the standards of practice identified within this section;
(b) Notification has been mailed by the City to all property owners
abutting the applicant's property;
(c) A permit is issued by the Inspection Services Division for
construction of the required flyaway barrier.
(3) Licenses are personal to the applicant, non-transferrable, and do not attach
to or run with the land.
(4) The fee for the initial license shall be as established by the Common
Council. Annual renewal of the license is required and the fee for the
renewal license shall be equal to the initial license fee as established by
this Chapter.
(5) All standards of practice must be met in order to issue a license.
(6) If the standards of practice are not maintained subsequent to issuance of a
beekeeping license, the license shall be revoked by the City.
SECTION 6. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 7. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #17-185 AMEND VARIOUS SECTIONS OF CHAPTER 6 ANIMALS
TO PERMIT BEEKEEPING;CREATE SECTION 6-6.3 URBAN BEEKEEPING on April 11,
2017. The Ordinance establishes requirements to permit urban beekeeping within the
City of Oshkosh. The full text of the Ordinance may be obtained at the Office of the City
Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's
phone: (920) 236-5011.
Bold and Italics Indicates Amendments