The following terms, as used in this article, shall have the following meanings:
A. Apiary means any place or location where one or more colonies of bees are kept.
B. Beekeeper means any individual, person, firm, association or corporation owning, possessing or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use.
C. Bees means any stage of the common honeybee, Apis mellifera, or other bees kept for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use.
D. Colony means the bees inhabiting a single hive or other dwelling place.
E. Hive means the receptacle inhabited by a colony that is manufactured for that purpose.
(Ord. 4118-23)
Beekeepers shall register the number of hives and the location of each hive on the first day of March of each year or not less than 30 calendar days prior to acquiring a new hive. The registration may be submitted by regular mail, electronic mail or facsimile. After submitting the above required information, the City shall issue a license to the beekeeper. No registration fee shall be required. Licenses for beekeeping are non-transferrable. No colony or hive shall be maintained without first obtaining a license.
(Ord. 4118-23)
A. Up to 3 Colonies may be located on a lot of ¼ acre or less; 4 Colonies on lots between ¼ and ½ acre; 6 Colonies on lots of ½ to full acre. 8 Colonies are permitted on any lot larger than an acre.
1. For every 2 Colonies permitted on a lot there may be maintained upon the same lot one nucleus Colony in a hive structure not exceeding one standard 9 5/8 inch depth 10-frame hive body with no supers, the part of the beehive that is used to collect honey, attached as required from time to time for swarm management.
2. Each such nucleus Colony shall be moved to another lot or combined with another Colony on the subject lot within 30 days after the date made or acquired.
3. The beekeeper shall notify the City in the same manner as provided for registration of hives, of his or her addition of a nucleus colony no less than five calendar days after moving in or creating the nucleus colony. Such notice shall include the date the nucleus colony was added.
B. The beekeeper shall maintain and manage the apiary and colonies in a reasonable manner to minimize swarming and to prevent the creation of a public nuisance.
C. No beehive shall be placed or kept in violation of the requirements, including setback requirements, of the Ottawa Zoning Regulations, and in no event shall be located:
1. closer than 5 feet to the property line of adjoining property;
2. closer than 25 feet to any house located on developed property other than the residence or lot on which the beehives are located;
3. closer than 10 feet from a public pedestrian path, or sidewalk;
4. closer than 25 feet from the edge of a public street, excluding alleyways;
5. anywhere other than the rear or side yard of the property; or
6. upon land not owned by the beekeeper unless the owner thereof consents in writing.
D. If a hive is within 10 feet of a property line and is located less than 10 feet off the ground, the owner of any hive or apiary will install and maintain a flyway barrier six feet in height consisting of a solid wall, fence, vegetation or combination thereof that is parallel to the property line and that extends ten feet beyond the hive or apiary in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over property lines in the vicinity of the hive or apiary.
E. The beekeeper shall provide and maintain an adequate supply of water for each bee colony on the same lot as the hive or apiary.
F. The beekeeper shall promptly re-queen the colony if the colony exhibits unusually defensive behavior without due provocation.
G. No beehive shall exceed 20 cubic feet in volume.
H. The beekeeper shall conspicuously post their name and phone number in characters at least one inch high on a contrasting background at each apiary site that is located on property other than the beekeeper’s residence.
I. Should adjacent property be later developed, or residential structures located closer than the distances herein prescribed, the keeper shall move such beehive(s) to comply with these regulations.
(Ord. 4118-23)
Violation of any term of this section may be addressed through injunction in a court of competent jurisdiction or prosecuted in municipal court. The Municipal Judge shall have the authority to revoke or suspend a license and order any colonies removed from the city. If the Municipal Judge finds that the violation has been remedied within 14 days of a notice of violation or notice to appear being issued the license shall not be revoked and no penalty shall be assessed. Failure to remedy a violation, keeping a colony without a license, or failure to remove a colony from the City when so ordered shall be subject to a penalty fixed by the Municipal Court and shall not exceed the penalties for a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense. If a beekeeper fails or refuses to remove a colony when so ordered the court may order the condition be abated and assess costs.
(Ord. 4118-23)