HomeMy WebLinkAbout021478 ORD - 09/08/1992AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL
CONTROL, BY ADDING A NEW ARTICLE VI, BEEKEEPING;
PROVIDING FOR REGULATION OF BEEKEEPING AND PENALTIES
FOR VIOLATION; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi Code of Ordinances, Chapter
6, Animal Control, is hereby amended by adding a new Article VI, Beekeeping, which reads
as follows:
ARTICLE VI. BEEKEEPING.
Section 6-51. Findings.
The City Council finds that honey bees are of benefit to mankind by providing
agriculture, fruit and garden pollination services and by furnishing honey, wax, and other
useful products; domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production and tendency not to swarm; and gentle strains
of honey bees can usually be maintained within populated areas in reasonable densities
without causing a nuisance if the bees are properly located and carefully managed.
Section 6-52. Definition.
As used in this article, the following words and terms shall have the meanings
ascribed in this section unless the context of their usage clearly indicates another meaning:
Apiary means a place where one or more bee colonies are kept.
Bee means any stage of the common domestic honey bee, Apis mellifera
species.
Colony means a hive and its equipment and appurtenances including bees,
comb, honey, pollen, and brood.
Hive means a structure intended for the housing of a bee colony.
Tract means a contiguous parcel of land under common ownership.
Undeveloped property means any idle land that is not improved or actually in
the process of being improved with residential, commercial, industrial, church,
park, school, or governmental facilities or other structures or improvements
intended for human use occupancy and the grounds maintained in association
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therewith. The term shall be deemed to include property developed
exclusively as a street or highway or property used for commercial agricultural
purposes.
Section 6-53. Certain conduct declared unlawful.
a. The purpose of this article is to establish certain requirements of sound
beekeeping practices, which are intended to avoid problems that may
otherwise be associated with the keeping of bees in populated areas,
especially protection of persons from personal injury.
b. Notwithstanding compliance with the various requirements of this article
it shall be unlawful for any beekeeper to keep any colony or colonies in such
a manner or of such disposition as to cause any unhealthy condition, interfere
with the normal use and enjoyment of human or animal life of others, or
interfere with the normal use and enjoyment of any public property or
property of others.
Section 6-54. Hives.
All bee colonies shall be kept in Langstroth type hives with removable frames, which
shall be kept in sound and usable condition.
Section 6-55. Fencing of flyways.
In each instance in which any colony is situated within twenty-five feet of a public or
private property line of the tract upon which the apiary is situated, as measured from the
nearest point on the hive to the property line, the beekeeper shall establish and maintain
a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation,
or combination thereof that is parallel to the property line and extends ten feet beyond the
colony in each direction so that all bees are forced to fly at an elevation of at least six feet
above ground level over the property lines in vicinity of the apiary. It is a defense to
prosecution under this section that the property adjoining the apiary tract in the vicinity of
the apiary is undeveloped property for a distance of at least twenty-five feet from the
property line of the apiary tract.
Section 6-56. Water.
Each beekeeper shall ensure that a convenient source of water is available at all
times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet
watering bowls, bird baths, or other water sources where they may cause human, bird, or
domestic pet contact.
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Section 6-57. General Maintenance.
Each beekeeper shall ensure that no bee comb or other materials that might attract
bees to the location are left upon the grounds of the apiary site. Upon their removal from
the hive all such materials shall promptly be disposed of in a sealed container or placed
within a building or other bee proof enclosure.
Section 6-58. Queens.
All hives shall be requeened annually when a quarantine or regulated area declared
by the Texas Apiary Inspection Service is in effect. In addition, in any instance in which a
colony exhibits unusually aggressive characteristics by stinging or attempting to sting without
due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of
the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred
for gentleness and nonswarming characteristics. Queens must be obtained from a non -
quarantined area.
Section 6-59. Colony densities.
a. It shall be unlawful to keep more than the following number of
colonies on any tract within the City, based upon the size of configuration of
the tract on which the apiary is situated:
1. one-quarter acre or less tract size -- 2 colonies,
2. more than one-quarter acre but less than one-half
acre tract size -- 4 colonies,
3. more than one half acre but less than one acre
tract size -6 colonies,
4. one acre or larger tract size -- 8 colonies,
5. regardless of tract size, where all hives are
situated at least two -hundred feet in any direction
from all property lines of the tract on which the
apiary is situated, there shall be no limit to the
number of colonies,
6. regardless of tract size, so long as all property,
other than the tract upon which the hives are
situated, that is within a radius of at least two
hundred feet from any hive remains undeveloped
property there shall be no limit to the number of
colonies.
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b. For each two colonies authorized under Colony densities (subsection
a) there may be maintained upon the same tract one nucleus colony in a hive
structure not exceeding one standard 9 5/8 inch depth ten frame hive body
with no supers attached as required from time to time for management of
swarms. Each such nucleus colony shall be disposed of or combined with an
authorized colony within thirty (30) days.
Section 6-60. Marking hives, presumption of Beekeeping.
a. In apiaries the name and telephone number of
the beekeeper shall be branded, painted, or
otherwise clearly marked upon the structure of at
least two hives and placed at opposite ends of the
apiary. Instead of marking the hives, the
beekeeper may conspicuously post a sign setting
forth the name and telephone number of the
beekeeper. It is a defense to prosecution under
this subsection that a colony is kept upon the
same tract upon which the owner resides.
b. Unless marked in accordance with subsection (a) it shall
be presumed for purposes of this article that the
beekeeper is the person or persons who own or
otherwise have the present right of possession and
control of the tract upon which a hive or hives are
situated. The presumption may be rebutted by a written
agreement authorizing another person to maintain the
colony or colonies upon the tract setting forth the name,
address, and telephone number of the other person who
is acting as the beekeeper.
Section 6-61. Inspection.
a. The Director of Public Health shall have the right to inspect any apiary
between the hours of 8:00 a.m. and 5:00 p.m. Presence of an apiary constitutes consent to
the Director or his/her designee to enter the premises. Where practicable, prior notice shall
be given to the beekeeper if he resides at the apiary or if his name is marked on the hives.
b. The authority provided for in this ordinance is only for the general protection
of the public health and safety. Neither the City nor any officer or employee charged with
the enforcement of this Article shall owe any duty to any person in carrying out any
provision of this Article, nor shall any of them be liable to any person for any act or
omission in carrying out any provision of this Article. Nothing herein shall waive any
immunity from liability of the City or any of its officers or employees, or imply any duty or
liability in any area of City operations.
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Section 6-62. Compliance.
a. Upon receipt of information that any colony situated within the City
is not being kept in compliance with this article, the Director of Public
Health shall cause an investigation to be conducted. If he/she finds
that grounds exist to believe that one or more violations have occurred
he/she shall cause a written notice of hearing to be issued to the
beekeeper.
b. The notice of hearing shall set forth:
1. the date, time and place at which the hearing will
be conducted,
2. the violation(s) alleged,
3. that the beekeeper may appear in person or through
counsel, and present evidence, and,
4. that the bees may be ordered destroyed or removed
from the City if after the hearing, the director of public
health finds that they have been kept in violation of this
article.
Notices shall be given by certified United States mail or personal delivery.
However, if the Director of Public Health is unable to locate the beekeeper,
then the notice may be given by publication one time in a newspaper of
general circulation at least five (5) days prior to the date of the hearing.
c. The hearing shall be conducted by the Director of Public Health or a
hearing officer that he/she may designate. The burden shall be on the City
to demonstrate by a preponderance of credible evidence that the colony or
colonies have in fact been kept in violation of this article. If the hearing
officer finds that the colony or colonies have been kept in violation of this
article then he/she may order that the bees be destroyed or removed from the
City, within a period not to exceed twenty days, and thatbees shall not
thereafter be kept upon the tract for a period of two years. In instances
where the hearing officer finds that the violations were not intentional and
that the beekeeper has employed corrective actions that will probably be
effective to cure the violations alleged, then he/she may issue a warning in
lieu of ordering the bees destroyed or removed. Upon failure of the
beekeeper to comply with the order the Director of Public Health may cause
the bees to be destroyed and the hive structures to be removed. In each
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instance in which a bee colony is destroyed all usable components of the hive
structure that are not damaged or rendered unhealthy by the destruction of
the bees shall upon the beekeeper's request be returned to the beekeeper,
provided that the beekeeper agrees to bear all transportation expenses for
their return.
d. The decision of the hearing officer may be appealed by filing a notice
of appeal with the City Manager within ten days (10) following the date that
the hearing officer announces his/her decision, or if the decision is not
announced at the conclusion of the hearing, then within fifteen days following
the date that the hearing officer places written notice of his decision in the
mail to the beekeeper. An appeal shall not stay the hearing officer's decision.
The decision of the City Manager shall be final.
e. The provisions of this section shall not be construed to require the
conduct of a hearing for the destruction of (1) any bee colony not residing in
a hive structure intended for beekeeping, (2) any swarm of bees, (3) any
colony residing in a standard or man-made hive, which by virtue of its
condition, has obviously been abandoned by the beekeeper, or (4) where
immediately necessary to protect the public health or safety.
Section 6-63. Conflicts with zoning ordinance.
If there should be any conflict between this article and the City Zoning Ordinance,
the Zoning Ordinance shall control.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication
of the City of Corpus Christi by publishing a caption stating in substance the purpose of the
ordinance, this ordinance to become effective upon such publication.
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IIThat the fozegoing yidinance w s read for, the first time and passed to its second reading 0.. „ins
the J'5 day of (Lj �' t ; V , 19(2— , by the following vote:
•
/f
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the foregoing ordinance was
this the /51- day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb ft--;
Dr. David McNichols
Clif Moss
Mary Pat Slavik
Thic
ead for the second time and passed to its third reading on
19 Q by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That theore oing ordinance was read for the third time and passed finally on this the ,S
day of 't. i'C' (1 i /2 A- ' , 19 t ; , by the following vote:
Mary Rhodes
Cezar Galindo '�-
Leo Guerrero OU U^
Betty Jean Longoria
PASSED AND APPROVED, this the
Al
1'EST: C,
City Secretary
APPROVED: 1 3 DAY OF
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of 11/1)Li/ ,19`7=
MAYOR
THE OF CORPUS CHRISTI
�v ly
,1992;
JAMES R. BRAY, JR, CITY ATTORNEY
By 1, g.
044
, AsMeht City Attorney
021478
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #79757
PO#
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf who being first duly sworn, according to
law, says that she is Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021478 AMENDING THE CODE OF
ORDINANCES which the annexed is a true copy, was published in the
Corpus Christi Caller -Times on the 14th day of September, 1992.
One Time(s)
$29.00
Business Offic Secretary
Subscribed and sworn to before me this 28th day
of September , 1992.
�n GQ rc,u oLG o
Notary Public, Nu c s County, Texas
My commission expires on 0-30-42J
t NOTI'
ORDINA
AMENDING
ORDINANCE,
ANIMAL
DING A N
BEEUEEPI
REGU TI
OF
AD -
VI;1,
yy,q,A,FOR
ING ANU p &$T4EESS FOR
VIOLATION; PROVIDING FOR
SEVERANCE, AND ,PROVID-
ING FOR PUBLICATION.
The ordinance was passed
on third reading and approved
by the City Council of t,e City
of Copus Christi qW 8th
day of
Af pa
teq tLMbti