SBACC Special Committee Meeting Minutes and final document (2)

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Sec. xxxx. Honey bee keeping public safety regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must comply with the following public safety regulations. (b) No hive shall exceed seventeen (17) cubic feet in volume. (c) Location requirements: (1) Where a lot has a fence, hives must maintain a four foot (4') radial distance from the property line as measured from the center of the hive. (2) Where a property does not have a fence, hives must maintain a four foot (4') radial distance from the lot line as measured from the center of the hive. The beekeeper must also install a flyway barrier no further than four feet (4') in front of the hive entrance. (3) In no event shall a hive be located closer than ten feet (10') from a public sidewalk. (4) Colonies may be kept on flat roofs without setback or flyaway barrier restrictions. (5) For a lot without a perimeter fence, a fence which surrounds the entire hive(s) shall be compliant with the zoning regulations set forth in South Bend Municipal Code § 21-02.11 and apiary practices. 5 (6) A fresh supply of water shall be provided for all hives. (d) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's Apiary Inspector(s) with the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant 6 Pathology Purdue University being recognized on the official State of Indiana website. (Ord. No. 10241, § II, 7-8-13) 5 A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact; so long as it does not become stagnant. 6 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov/dnr/entomolo/files/ep- indiana_beekeeping_information.pdf Sec. xxxx. Compliance required; penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy-five dollars ($75.00) per violation payable through the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. Every day any violation of this Article shall continue shall constitute a separate offense. (d) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance; or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary. (Ord. No. 10241, § II, 7-8-13) § 5.019 RESTRAINT OF ANIMALS. All animals that are the property of an owner/guardian shall be properly restrained as defined in this chapter. (Ord. XXXXXX) Penalty, see § 5.999