§ 5.04.060. Regulations.

(a)

Interference. It is unlawful for any person to interfere with the official acts or duties of the commissioner.

(b)

Identification Sign. Every person owning, operating or controlling an apiary located on premises other than where such person resides shall identify such apiary as is now provided or hereafter may be provided by the laws of the state.

(c)

Distance from Roads and Property Lines. No person shall place or keep an apiary, or cause or allow an apiary to remain, so close to a property boundary or a public or private road used by the public as to constitute a public nuisance or public hazard to persons using such road or property. Except when pollinating crops, no apiary shall be located within two hundred feet of any public road.

(d)

Distance from Building. Other than buildings owned or occupied by such person, no person shall place or keep an apiary, or cause or allow an apiary to remain, so close to any building used as a dwelling as to constitute a public nuisance or public hazard to persons using such dwelling.

(e)

Permission of Landowners or Tenants in Possession. No person shall place or keep an apiary, or cause or allow an apiary to remain on land not owned or possessed by such person, without first obtaining permission by the owner or person lawfully in possession of such land. The permission must be verifiable by the agricultural commissioner.

(f)

Transportation of Bees. Except in the case of an emergency, hives of bees being transported on, or parked adjacent to, public roads or highways at a time when the bees are flying shall have the bees substantially confined by screens or other means to the vehicle by which the bees are being transported.

(g)

Water Supply and Flight Path.

(1)

Every apiary shall be provided with an adequate quantity of water by the apiary owner or his employee(s) prior to the time the apiary is set on a property; unless, in the event the property is leased, the landowner gives verifiable permission to use existing water situated on the land where the apiary is located.

(2)

The water supply at each apiary site shall be located near the apiary and the water shall be maintained by the apiary owner so long as the apiary stays on the property. The water shall be of a quality acceptable to and must be used by the bees.

(3)

Every apiary shall be located and maintained so as to cause the bees to fly in a direction or at an altitude that does not cause a public health hazard.

(h)

Abatement of a Public Hazard Causing Stings. If the commissioner or health officer determines that the presence of honey bees constitutes an immediate public health hazard to the extent that the health, safety or welfare of the public is endangered through such a condition, the commissioner or health officer may forthwith take such steps to abate such hazard as seems necessary and proper in the circumstances. The health officer is empowered to enter upon any premises in order to carry into effect the provisions of this section. It is unlawful for any person to interfere with the official acts or duties of the health officer.

(Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986)