The purpose of this Chapter is to authorize beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas.

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, safety, or creates a nuisance.

A.

As provided in this Chapter, and notwithstanding any contrary provision in this Code, an apiary, consisting of up to three (3) hives on any size lot, may be maintained in a side yard or the rear yard based on the size of the lot in the residential zone. On a residential lot within an AG Zone which is one (1) acre or larger, the number of hives located on the lot may be increased up to ten (10) and additional conditions may be considered for a request of over ten (10) in any zone.

B.

A permit for three (3) years will be given as a conditional use for all residential lots. A fee for the permit will be assessed. The fee amount is twenty-five dollars ($25.00) and shall be paid at the time of the application for a conditional use permit. After three (3) years the applicant will have to reapply to extend the permit. No additional fees will be assessed to renew the permit.

C.

The City will notify all property owners within three hundred feet (300') and a notice and mailing fee will be assessed to the applicant.

D.

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.

Each beekeeper shall be registered with the Utah Department of Agriculture and Food as provided in the Utah bee inspection act set forth in Code 4, chapter 11 of the Utah code, as annotated.

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 and six inches (6") above the ground, as measured from the ground to the lowest portion of the hive; provided, however, that this requirement may be waived by the adjoining property owner by executing a written waiver, a copy of which must be provided to the City.

C.

Hives shall be operated and maintained as provided in the Utah bee inspection act.

D.

Each hive shall be conspicuously marked with the owner's name, address, telephone number, and state registration number.

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. If any portion of a hive is located within fifteen feet (15') from an area which provides public access or from a property line on the lot where an apiary is located, as measured from the nearest point on the hive to the property line, a flyway barrier at least six feet (6') in height shall be established and maintained around the hive except as needed to allow access. Such flyway barrier, if located along the property line or within five feet (5') of the property line, shall consist of a solid wall, fence, dense vegetation, or a combination thereof, which extends at least ten feet (10') beyond the hive in each direction so that bees are forced to fly to an elevation of at least six feet (6') above ground level over property lines in the vicinity of the apiary.

Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between April 15 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. In the event that water is needed by the bee colony, either before April 15 and/or after October 31, the beekeeper will take whatever steps that is necessary in order to ensure adequate water is supplied during those times.

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.

In the event of a conflict between any regulation set forth in this Chapter and honeybee management regulations adopted by the Summit County health department, the most restrictive regulations shall apply.

A violation of this Chapter may be remedied as provided in Title 7: Health and Safety, Title 11: Nuisance Enforcement. When a violation of this Chapter is committed, and provided it is not charged in conjunction with another criminal offense and does not constitute a habitual notice of violation within a twenty-four (24) month period, an authorized agent of the City shall issue a civil notice of nuisance. A penalty of up to five hundred dollars ($500.00) may be assessed for any such violation in addition to any other penalties that may be applicable under the Coalville City Code and/or Coalville City Ordinances.