Amending Chapter 5 in its Entirety Replacing it With A New Chapter 5 Entitled Responsible Animal and Pet Ownership Care and Control Regulations

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Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 18 Honey Bee: the common domestic honey bee, limited to the Apis mellifera species, specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee, or any hybrid thereof. Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of (1) A single lot or record; or (2) A combination of complete lots of record. (Ord. No. 10241, § II, 07- 08- 2013)19 Sec. 5 -10 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 lot 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 maybe 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. 6. A fresh supply of water shall be provided for all hives 20. 19 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" 20 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.