Codes & Ordinances

9-01-2017 Beekeeping Ordinance

MONROE CITY CORPORATION
ORDINANCE 9-01-2017
AN ORDINANCE ENACTING REQUIREMENTS FOR
BEEKEEPING AND MOSQUITO ABATEMENT
IN MONROE CITY
 
WHEREAS, this ordinance is enacted for the purpose of regulating the placement and operations of any and all beekeeping enterprises. 
 
WHEREAS, it is essential to promote the general welfare of Monroe City, to protect the
health of its inhabitants and to encourage the most appropriate use of land within the city.  
NOW THEREFORE, BE IT ENACTED by the Legislative Body of Monroe City as follows:
              
                        BEEKEEPING AND MOSQUITO ABATEMENT
 
1. DEFINITIONS:
 
APIARY: Any place where one or more colonies of bees are located.
 
APIARY EQUIPMENT: Hives, supers, frames, veils, gloves and other equipment used to handle or manipulate bees, honey, wax or hives. 
 
BEE: The common honeybee, Apis mellifera, at any state of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.
 
BEEKEEPING: To hold a colony of bees in a hive for the purpose of pollination, honey and beeswax production, study or similar purpose.
 
COLONY: Bees in any hive including queens, workers, drones or broods.
 
FLYWAY BARRIER: A solid fence or hedge used to encourage the flight of bees away from neighboring properties.
 
HIVE: A structure designed to contain one colony of honeybees. A frame hive, box hive, box, barrel, log, gum skep or other artificial or natural receptacle which may be used to house bees.
 
2. PURPOSE:
The purpose of this ordinance is to authorize beekeeping subject to certain requirements intended to eliminate problems that might otherwise be associated with beekeeping in populated areas.
 
3. COMPLIANCE WITH STATE REGULATIONS: 
All persons engaged in beekeeping are required to comply with Utah Code, Title 4, Chapter 11, Utah Bee Inspection Act, and all other applicable state and local laws, rules and regulations.
 
4. PROPERTY RESTRICTIONS:
Anyone applying for a business license to sell product from beekeeping operations shall certify to the city that there are no recorded covenants, conditions or restrictions preventing beekeeping activities on the property for which the application is made. 
 
5. CERTAIN CONDUCT UNLAWFUL:
Notwithstanding compliance with the various requirements of this chapter, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety, or creates a nuisance.
 
6. HIVES ON RESIDENTIAL LOTS:
A.  Beehives are allowed in Monroe City as follows, based on each 5,000 square feet of lot area:
For the first 5,000 square feet no more than two (2) hives.
 
For each additional 5,000 square feet of lot area, two (2) additional hives are allowed.
The number of hives on property containing more than ½ acre will be determined on a case by case basis, depending on the location and density of nearby residential areas.
 
B. Hives must be located to the rear of the property. 
 
C. A person shall not locate nor allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.
  
7. BEEKEEPING REGISTRATION:
A. Each beekeeper shall be registered with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in title 4, chapter 11 of the Utah Code.
 
8. HIVES:
A. Honeybee colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition.
 
B. Hives shall be placed at least ten feet (10') from any property line.
 
C. Hive shall be operated and maintained as provided in the Utah Bee Inspection Act.
 
D. Each hive shall be conspicuously marked with the owner’s state registration number if the hive is located on another owner’s property. 
 
9.  FLYWAY BARRIERS:
A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals in adjacent or nearby lots. Any portion of a hive located within ten feet (10') of a property line shall require a fence of solid construction along such property line with a height of at least six feet (6') above ground level of the adjacent property. In lieu of a fence, the flyway barrier may consist of dense vegetation having the same height requirement as the fence. Such barrier shall extend at least ten feet (10') beyond the hive in each direction. Notwithstanding the above, no hive shall be located within twenty-five feet (25') from any public right of way access.  
  
10. WATER:
Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.
 
11. BEEKEEPING EQUIPMENT: 
Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon the grounds of an apiary site. Upon removal from a hive, all such equipment shall promptly be disposed of in a sealed container or placed within a building or other bee proof enclosure.  
 
12. QUEEN MANAGEMENT: 
Each beekeeper shall promptly re-queen a colony if it exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or swarming.  
 
             13. CONFLICT WITH COUNTY HEALTH DEPARTMENT REGULATIONS:
In the event of a conflict between any regulation set forth in this ordinance and honeybee management regulations adopted by the Central Utah Health Department, the most restrictive regulation shall apply
 
          14. SEVIER COUNTY MOSQUITO ABATEMENT PROGRAM:
In order to promote the health, safety, prosperity, peace, order and comfort of the inhabitants of Monroe City, the governing body deems it necessary to participate in a mosquito abatement program with Sevier County. All property within the municipal boundaries of Monroe City are subject to this program, regardless of the location of any apiary. 
 
The Sevier County Mosquito Abatement Program provides that a property owner may request a no-spray zone by annually filing an application with the Sevier County Mosquito Abatement Department. No-spray zone applicants shall provide proof of a clear and present danger to health or property from mosquito spray. 
 
In the event that West Nile Virus or Western Equine Encephalitis is detected in Sevier County, all no-spray zones are subject to modification, suspension or cancellation until the infestation is controlled.   
 
          15. VIOLATIONS:
It shall be unlawful for any person to keep beehives in a manner that is contrary to the provisions of this ordinance. Any such violation may be cited as an infraction.   
 
Effective Date: This ordinance shall become effective immediately upon adoption, posting and publication of a summary in the Richfield Reaper as provided in § 10-3-711, Utah Code Annotated 2008, as amended.
 
Adopted by the Monroe City Council this 12th day of September, 2017
 
      
 
By:_____________________________________
Mayor R. Kirt Nilsson
 
(Corporate Seal) 
 
ATTEST:
 
By:___________________________________________
City Recorder Emalee H. Curtis
 
 
 
 
 
 
 
 
 
RECORDER’S CERTIFICATE OF POSTING
 
I, Emalee H. Curtis, the duly appointed Recorder for the City of Monroe, hereby certify that copies of the foregoing Ordinance 9-01-2017, enacting requirements for beekeeping located in Monroe City were posted at three public places within the municipality this 8th day of September, 2017, which public places are:
 
1.  Monroe City Hall
 
2.  Monroe City Library
 
3.  Andy’s Market 
 
I also certify that a summary copy of the proposed ordinance was published in the Richfield Reaper on September 14, 2017
 
Dated this 8th day of September, 2017
 
 
Emalee H. Curtis
Monroe City Recorder 

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