Below is a copy of the actual ordinance for beekeeping in Fort
Collins, CO. THis is the model that my city, Aurora, CO is using for
it's model. I would appreciate any comments.
Thank you.
Tom Patterson
Fort Collins Municipal Code
CHAPTER 4 ANIMALS AND INSECTS
ARTICLE III. INSECTS
DIVISION 2. BEES[*]
Sec. 4-226. Definitions.
The following words, terms and phrases, when used in this Division,
shall have the meanings ascribed to them in this Section:
Apiary shall mean a place where bee colonies are kept.
Bee shall mean any stage of the common domestic honey bee, apis
mellifera species.
Colony shall mean a hive and its equipment and appurtenances,
including bees, comb, honey, pollen and brood.
Hive shall mean a structure intended for the housing of a bee colony.
Tract shall mean a contiguous parcel of land under common ownership.
Undeveloped property shall mean 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
or occupancy, and the grounds maintained in association therewith. The
term shall be deemed to include property developed exclusively as a
street or highway or property used for commercial agricultural
purposes.
Ord. No. 72, 1989, 4-4-89
Sec. 4-227. Certain conduct declared unlawful.
(a) The general purpose of this Division 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.
(b) Notwithstanding compliance with the various requirements of this
Division, 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.
Ord. No. 72, 1989, 4-4-89
Sec. 4-228. Hives.
All bee colonies shall be kept in Langstroth type hives with removable
frames, which shall be kept in sound and usable condition.
Ord. No. 72, 1989, 4-4-89
Sec. 4-229. Fencing of flyways.
In each instance in which any colony is situated within twenty-five
(25) 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 (6) feet in height consisting of a solid
wall, fence, dense vegetation or combination thereof that is parallel
to the property line and extends ten (10) feet beyond the colony in
each direction so that all bees are forced to fly at an elevation of
at least six (6) feet above ground level over the property lines in
the 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 (25) feet from the property line of the apiary tract.
Ord. No. 72, 1989, 4-4-89
Sec. 4-230. 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 water bowls, birdbaths or
other water sources where they may cause human, bird or domestic pet
contact.
Ord. No. 72, 1989, 4-4-89
Sec. 4-231. General maintenance.
Each beekeeper shall ensure that no bee comb or other materials that
might encourage robbing 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.
Ord. No. 72, 1989, 4-4-89
Sec. 4-232. Queens.
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 requeen the colony. Queens shall
be selected from stock bred for gentleness and nonswarming
characteristics.
Ord. No. 72, 1989, 4-4-89
Sec. 4-233. 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 or
configuration of the tract on which the apiary is situated:
(1) One-quarter (¼) acre or less tract size--two (2) colonies;
(2) More than one-quarter (¼) acre but less than one-half (½) acre
tract size--four (4) colonies;
(3) More than one-half (½) acre but less than one (1) acre tract
size--six (6) colonies;
(4) One (1) acre or larger tract size--eight (8) colonies; and
(5) Regardless of tract size, where all hives are situated at least
two hundred (200) 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.
(b) For each two (2) colonies authorized under colony densities,
subsection (a) above, there may be maintained upon the same tract one
(1) nucleus colony in a hive structure not exceeding one (1) standard
nine and five-eighths (95/8) inch depth ten (10) 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 after the date it is
acquired.
Ord. No. 72, 1989, 4-4-89
Sec. 4-234. 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 (2) 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 on the same tract upon which the owner resides.
(b) Unless marked in accordance with subsection (a), it shall be
presumed for purposes of this Division 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.
Ord. No. 72, 1989, 4-4-89
Sec. 4-235. Inspection.
The City Manager shall have the right to inspect any apiary between
the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice
shall be given to the beekeeper if he/she resides at the apiary or if
his/her name is marked on the hives.
Ord. No. 72, 1989, 4-4-89
Sec. 4-236. Declaration of nuisance.
The keeping by any person of bee colonies in the city not in strict
compliance with this Division is declared to be a menace to the health
and safety of the residents of the city and is hereby declared to be a
nuisance and is prohibited. Any bee colony not residing in a hive
structure intended for beekeeping, or any swarm of bees, or any colony
residing in a standard or homemade hive which, by virtue of its
condition, has obviously been abandoned by the beekeeper, is hereby
declared to be a menace to the health and safety of the residents of
the city and is hereby declared to be a nuisance and is prohibited.
Any bee colonies kept in the city not in compliance with this Division
or otherwise declared to be a nuisance pursuant to this Section may be
summarily destroyed or removed from the city by the City Manager. In
each 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 bee-keeper's
request be returned to the beekeeper, provided that the beekeeper
agrees to bear all transportation expenses for their return.
Ord. No. 72, 1989, 4-4-89
Sec. 4-237. Enforcement.
The City Manager shall be charged with enforcement of this Division.
Ord. No. 72, 1989, 4-4-89
[*]Editor's note—Ord. No. 72, 1989, adopted Apr. 4, 1989, repealed §
4-226 and enacted a new Div. 2, §§ 4-226—4-237. Former § 4-226 was
derived from Ord. No. 160, 1986, § 1(35-42), adopted Nov. 4, 1986
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