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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 ORD4: 91130 021478 MICROFILMED 1 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. ORD4: 91130 2 T v r 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. ORD4: 91130 3 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. ORD4: 91130 4 1 i -T 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 ORD4: 91130 T i 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. ORD4: 91130 6 L r r 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