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Home My WebLink AboutAmending Chapter 5 Entitled Honey Bee Keeping RegulationsORDINANCE No. 10241 -13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 8, 2013 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana July 9, 13 20— City Clerk President of Common Council Approved and signed by me JOHN VOORDE -VLI 11 20!3 City Clerk Mayor SUBSTITUTE BILL NO. 22-13 ORDINANCE NO. t 0 �— q � — Q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing honey bee keeping within the city limits have not been updated in recent decades. It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14 -24 -2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in.gov /dnr /entomolo /5746.html and also at www.in.gov /dnr /entomolo /2893.htm1 On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder ". This 17 -page document noted among other things that the State of Indiana was one of thirty -five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die - offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55 %. Much has changed in recent years with regard to municipal honey bee keeping regulations. Many municipalities have established honey bee keeping regulations, some of which include Evanston, Illinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey - producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations Ordinance Page 2 &Add by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5 -15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5 -15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) Bees. Reserved. Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keening Regulations! Sec. 5 -50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing, a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees are a benefit to societyby pollinating flowers, gardens and trees and thereby contributing to the local ecosystem; as well as furnishing hey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health, safetX ' Indiana Code § 14- 24 -2 -4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. Mm s Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keening Regulations! Sec. 5 -50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing, a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees are a benefit to societyby pollinating flowers, gardens and trees and thereby contributing to the local ecosystem; as well as furnishing hey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health, safetX ' Indiana Code § 14- 24 -2 -4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the city.2 See. 5-51 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one 1) or more hives or colonies of honey bees at a single location. Beekeeper: a person who keeps honey bees in hive(s) which meet state approved requirements. Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. City. City of South Bend, Indiana. Colonv: the entire honey bee family or social unit living together including the he queen, workers and drones. Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. 3. Hive: a frame or structure used or employed as a domicile for honey bees which meet state approved requirements. Honey Bee: the common domestic honey bee, limited to the Apis melli era species, specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee, or any ybrid 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. a Sec. 5 -52 Honey Bee Keeping Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis melli era species, must comply with the following public safe1y regulations. 2 Indiana Code § 36- 1 -4 -11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". s Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals. 4 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" Honey Bee Keeping Regulations Ordinance Page 4 (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 may be kgpt 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 . (d) The honey bees and equipment shall be maintained in accordance with the ap lip cable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's A iiM Inspector(s) with the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant Pathology Purdue University being recognized on the official State of Indiana website. 6 Sec. 5 -53 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 an violation of this Article shall continue shall constitute a separate offense 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 Honey Bee Keeping Regulations Ordinance Page 5 (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 Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5 -54 Honey Bee Keg ping Regulations $75.00 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and 1 a pu 1 Tim l§ tt, Ist ' t 'ct�Co ncil Member 11L Derek D. Dieter, Council Member at Large Office of the City Clerk �'xe�ntd me to die A, A" #%& "p g��. 'irtd, �ndiasza5 on the day of 2013 at [ t'� Q o'clock Ck. m. Office o he City Clerk ,-,Q*xaoerdand o by me on the 11 day of 7yG i , 2013 at r o'clock P .m. Pete Butti 19 READING � � � Mayor of the City of South Bend, PUBLIC HEARiP40 -7-- -1,3 ay -J �w.Lsv 3 rd READING -7 < e 0 -1 S Q1 s LA- S,4 Art -,v 4 NOT At' ?ROV9� REFERRED.. PASSED I - t In Clerk's office �JUL 4 ?Q .. ., 1 , -. - R, 0, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 22 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbenclin.gov Derek D. Dieter July 2, 2013 President Oliver J. Davis Members of the Common Council Vice - President 4 Floor County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Substitute Bill No. 22 -13 Honey Bee Keeping Regulations of the Whole Dear Council Members: Tim Scott First District On May 8th Bill No. 22 -13 was filed with the Office of the City Clerk along with: Henry Davis, Jr. District . A cover letter summarizing the proposed regulations • List of Assistance for Beekeeping maintained on the State of Indiana's Valerie Schey Department of Natural Resources (DNR) website Third District . Diagram depicting an example of a hive and flyway barrier from Craig Hughes publication entitled Urban Beekeeping: A Guide to Keeping Fred Ferlic Bees in the City Fourth District David Varner Since this filing, many individuals have become engaged in the many benefits Fifth District provided by honey bees, and especially their contributions to the local ecosystem. Many communities have permitted honey bees in populated areas without a Oliver J. Davis nuisance being caused by passing reasonable public safety regulations. Sixth District The South Lawn of the White House has maintained a hive since the Spring of Derek Dieter 2010. Some of the ordinance reviewed in the drafting of Substitute Bill No. 22 -13 At Large e include but are limited to: Cleveland, Evanston, Fredericksburg, Madison, Gavin Ferlic Minneapolis, New York City, Salt Lake City, Spokane, as well as regulations At Large from the Indiana Department of Natural Resources (DNR) and the New Jersey Department of Agriculture. Karen L. White At Large "Bee Schools" have been conducted at several Ivy Tech Community Campuses since 2009 in Fort Wayne, Indianapolis, Terre Haute, Columbus and Nashville. Substitute Bill No. 22 -13 sets forth fair and reasonable public safety regulations. It is a streamlined version of the original bill, without weakening safety. I am also filing with the Office of the City Clerk the Congressional Research Service January 7, 2010 publication entitled Honey Bee Colony Collapse Disorder. This 16 -page document highlights the losses in the honey bee I am also filing with the Office of the City Clerk the Congressional Research Service January 7, 2010 publication entitled Honey Bee Colony Collapse Disorder. This 16 -page document highlights the losses in the honey bee Substitute Bill No. 22 -13 July 2, 2013 Page 2 population, many of which have been caused by pesticides and chemicals. It also details possible causes of the Colony Collapse Disorder. I look forward to discussing these proposed regulations with you at the Health and Public Safety Committee. Additionally, beekeepers from the community will be in attendance at next Monday's Common Council meeting to present a power - point presentation and provide additional comments which show that public safety concerns are being properly addressed.. I seek your support. Tim Sco 1 St District Council Member South Bend Common Council Derek D. Dieter Council Member at Large South Bend Common Council Attachments S F 4 X01 13 w ,K, 6 k°iM MEND, IN