071 of 2009 - amending section 8.04.010 to add definitions related to beekeeping and enancting chapter 8.10 to est 0 09-1
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1 SALT LAKE CITY ORDINANCE
2 No. 71 of 2009
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4 (Amending Section 8.04.010 to Add Definitions Related to Beekeeping and Enacting
5 Chapter 8.10 to Establish Beekeeping Regulations)
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7 An Ordinance Amending Section 8.04.010, Salt Lake City Code, to add definitions
8 related to beekeeping and enacting Chapter 8.10, Salt Lake City Code, to authorize beekeeping
9 subject to certain regulations.
10 WHEREAS, honeybees benefit mankind by providing agriculture, fruit, and garden
11 pollination services and by furnishing honey, wax, and other useful products; and
12 WHEREAS, bees, via pollination, are responsible for 15 to 30 percent of the food eaten
13 by U.S. consumers, and
14 WHEREAS, in the last 50 years the domesticated honeybee population, on which most
15 farmers depend for pollination, has declined by about 50 percent, and
16 WHEREAS, Salt Lake City allowed apiaries in agriculturally zoned areas until the 1980s
17 when concerns about killer bees led to the prohibition of apiaries in the City, and
18 WHEREAS, domestic strains of honeybees have been selectively bred for desirable traits,
19 including gentleness, honey production, reduced swarming, pollination attributes, and other
20 characteristics which are desirable to foster and maintain; and
21 WHEREAS, gentle strains of honeybees can be maintained within populated areas in
22 without causing a nuisance if properly located, managed, and maintained, and
23 WHEREAS, the City Council of Salt Lake City, Utah, (i) desires to amend Section
24 8.04.010, Salt Lake City Code, to add definitions related to beekeeping and to enact Chapter
25 8.10, Salt Lake City Code, to authorize beekeeping subject to certain regulations as set forth
1 below, and (ii) finds such action reasonably furthers the health, safety, and general welfare of the
2 citizens of Salt Lake City.
3 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
4 SECTION 1. Amending Section 8.04.010. That Section 8.04.010 of the Salt Lake City
5 Code, shall be, and hereby is, amended to include definitions of"Apiary," "Beekeeper,"
6 "Beekeeping Equipment," "Colony," "Hive," and "Honeybee" which shall be inserted in
7 alphabetical order and shall read as follows:
8 APIARY: Any place where one (1) or more colonies of bees are located.
9 BEEKEEPER: A person who owns or has charge of one (1) or more colonies of bees.
10 BEEKEEPING EQUIPMENT: Anything used in the operation of an apiary, such as hive
11 bodies, supers, frames, top and bottom boards, and extractors.
12 COLONY: Bees in any hive including queens, workers, or drones.
13 HIVE: A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural
14 receptacle which may be used to house bees.
15 HONEYBEE: The common honeybee,Apis mellifera species, at any stage of
16 development, but not including the African honeybee,Apis mellifera scutellata species, or any
17 hybrid thereof
18 SECTION 2. Enacting Chapter 8.10. That Chapter 8.10 of the Salt Lake City Code shall
19 be, and hereby is, enacted to authorize beekeeping subject to certain regulations, as follows:
20 Chapter 8.10
21 BEEKEEPING
22 8.10.010: PURPOSE:
1 The purpose of this chapter is to authorize beekeeping subject to certain requirements
2 intended to avoid problems that may otherwise be associated with beekeeping in populated areas.
3 8.10.020: CERTAIN CONDUCT UNLAWFUL:
4 Notwithstanding compliance with the various requirements of this chapter, it shall be
5 unlawful for any person to maintain an apiary or to keep any colony on any property in a manner
6 that threatens public health or safety, or creates a nuisance.
7 8.10.030: HIVES ON RESIDENTIAL LOTS:
8 A. As provided in this chapter, and notwithstanding any contrary provision in Title 21A
9 of this code, an apiary, consisting of not more than five (5) hives or an equivalent capacity, may
10 be maintained in a side yard or the rear yard of any residential lot. On a residential lot which is
11 larger one-half(0.5) acre or larger, the number of hives located on the lot may be increased to ten
12 (10) hives.
13 B. A person shall not locate or allow a hive on property owned or occupied by another
14 person without first obtaining written permission from the owner or occupant.
15 8.10.040: BEEKEEPER REGISTRATION:
16 Each beekeeper shall be registered with the Utah Department of Agriculture and Food as
17 provided in the Utah Bee Inspection Act set forth in Title 4, Chapter 11 of the Utah Code, as
18 amended.
19 8.10.050: HIVES:
20 A. Honeybee colonies shall be kept in hives with removable frames which shall be kept
21 in sound and usable condition.
1 B. Hives shall be placed at least five (5) feet from any property line and six (6) inches
2 above the ground, as measured from the ground to the lowest portion of the hive; provided,
3 however, that this requirement may be waived in writing by the adjoining property owner.
4 C. Hives shall be operated and maintained as provided in the Utah Bee Inspection Act.
5 D. Each hive shall be conspicuously marked with the owner's name, address, telephone
6 number, and state registration number.
7 8.10.060: FLYWAYS:
8 A hive.shall be placed on property so the general flight pattern of bees is in a direction
9 that will deter bee contact with humans and domesticated animals. If any portion of a hive is
10 located within fifteen (15) feet from an area which provides public access or from a property line
11 on the lot where an apiary is located, as measured from the nearest point on the hive to the
12 property line, a flyway barrier at least six (6) feet in height shall be established and maintained
13 around the hive except as needed to allow access. Such flyway, if located along the property line
14 or within five (5) feet of the property line, shall consist of a solid wall, fence, dense vegetation,
15 or a combination thereof, which extends at least ten (10) feet beyond the hive in each direction so
16 that bees are forced to fly to an elevation of at least six (6) feet above ground level over property
17 lines in the vicinity of the apiary.
18 8.10.070: WATER:
19 Each beekeeper shall ensure that a convenient source of water is available to the colony
20 continuously between March 1 and October 31 of each year. The water shall be in a location that
21 minimizes any nuisance created by bees seeking water on neighboring property.
22 8.10.080: BEEKEEPING EQUIPMENT:
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1 Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon
2 the grounds of an apiary site. Upon removal from a hive, all such equipment shall promptly be
3 disposed of in a sealed container or placed within a building or other bee-proof enclosure.
4 8.10.090: CONFLICT WITH COUNTY HEALTH DEPARTMENT REGULATIONS:
5 In the event of a conflict between any regulation set forth in this chapter and honeybee
6 management regulations adopted by the Salt Lake Valley Health Department, the most restrictive
7 regulations shall apply.
8 8.10.100: VIOLATIONS:
9 A violation of this chapter may be remedied as provided in Sections 8.04.500, 8.04 510,
10 and 8.04.520 of this title. When a violation of this chapter is committed, and provided it is not
11 charged in conjunction with another criminal offense and does not constitute a fourth or
12 succeeding notice of violation within a twenty-four(24) month period, an authorized agent of the
13 City shall issue a civil notice of violation to such violator in lieu of a misdemeanor citation.
14 SECTION 3. Effective Date: This Ordinance shall become effective on the date of its
15 first publication.
16 Passed by the City Council of Salt Lake City, Utah this 1 day of December ,
17 2009.
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20 AIRPERS
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22 AT EST:
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25 I Y RECO E
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28 Transmitted to Mayor on December 21. 2009 •
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2 Mayor's Action: X Approved. Vetoed.
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APPROVa.)A!',.;TO KW.
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Pat t,iske GIOIA a °taw
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14 (SEAL)
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16 Bill No. 7 1 of 2009.
17 Published: January 9, 2010