§ 10-247. Fencing of flyways.

(a)

In each instance in which any colony is situated within 25 feet of a public or private property line of the tract or lot 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 the vicinity of the apiary. It is a defense against 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 25 feet from the property line of the apiary tract.

(b)

A flyway barrier shall be required if the apiary is situated between 25 feet and 100 feet from a property line where an occupied structure exists.

(c)

In each instance in which any colony is situated at a distance of 100 feet or more from 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, no flyway barrier will be required.

(d)

Notwithstanding the provisions of subsection (a) of this section, in no instance shall a colony be situated within 25 feet of an inhabited dwelling on adjoining property.

(Ord. No. O-142-2017, § 3, 8-8-2017)