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Bees Not allowed

26K views 53 replies 24 participants last post by  frustrateddrone 
#1 ·
I sent an email to my local borough counsel. I got an email back from our local zoning officer stating that bee keeping is not permitted in the borough. I know for a fact that there are several apiaries in the borough. Here is what he referenced as to preclude me from keeping bees;

ANIMAL HUSBANDRY -- The raising and keeping of livestock, poultry or insects for commercial purposes, or any keeping of animals for any reason beyond what is allowed in a permitted stable or kennel or under the keeping of pets, in compliance with §*255-200D(6). Animal husbandry shall not include a bulk commercial slaughterhouse or a central commercial stockyard for animals awaiting slaughter.
§*255-174. Nuisances or hazards prohibited.
It is the responsibility of each landowner to ensure that no land or structure in any zoning district shall be used or occupied in any manner that creates any of the following activities or conditions:
A. Communicable disease hazards, including activities that encourage the breeding of disease-prone insects and rodents.
B. Activity that would create physically dangerous conditions, especially activities that would be easily accessible by small children.
C. Activity that would prevent a neighboring landowner of ordinary sensitivities from making reasonable use of their property.
D. Activity that would be a significant hazard to the public health and safety because of serious explosive, fire, biological or toxic hazards.

Here is 255-200D6

(6) Keeping of pets.xxxviiEN (Note: This does not pertain to animal husbandry which is regulated by § 255-
199.)
(a) This is a permitted by right accessory use in all districts unless otherwise stated.
(b) No use shall involve the keeping of animals or fowl in such a manner that it creates a serious
nuisance, including noise or smell or a health hazard or a safety hazard.
(c) In the residential districts, no more than three dogs and no more than four cats may be kept, unless
the nearest dwelling other than that of the owner is at least 300 feet from any area in which the
animals are regularly kept. No numerical restriction shall apply to cats and dogs less than six
months of age.
(d) In any zoning district, not more than two horses may be stabled or maintained, provided that no
structure housing the horses or area fenced in for their use is less than 50 feet from any lot line and
is not closer than 150 feet to the nearest existing dwelling other than that of the owner.
(e) Keeping of more than the specified number of cats or dogs or for commercial purposes shall be
considered a kennel.
(f) Keeping of more than the specified number of horses shall be considered a stable.

I will hit on a few points that in my opinion would allow me to keep bees with this in place and also a few questions.

1. This would not be a commercial endeavor. All products of the hive would be for personal consumption or be given away for free to friends and neighbors.

2. Don't know how I can get past the provision of disease-prone. We all know that there are several diseases that the bees can get that would rear their ugly head to the powers that be. We are required in PA to register our hives and also have inspections in place to ensure they are disease free all conducted by the state.

3. The bees would be segregated in such a manner that children and the general public would not have easy access to the hives.

4. The bees would be maintained in such a manner as to not hinder neighbors from using their properties.

5. I know bees are not a significant hazard to public safety.

Any and all advice on how to proceed to either have bees or get the law changed is greatly welcomed.

http://www.carlislepa.org/vertical/Sites/%7BDAE19CE2-0C18-44BC-A364-9960FD11CF6F%7D/uploads/%7B14BD1A2C-1C82-4F30-AAD8-1BA0FBC14955%7D.PDF
 
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#2 ·
After reading this a few times, I dont see anything that specifically disallows bee keeping. To me, nothing there pertains to bees. One could argue the disease restriction does not apply to bees. Did the zoning officer say which of those items bee keeping violates, in his opinion? Or did he just send you an email saying its against the law, here is the law. I might get a hive or two, have a backup location just in case, and not worry that the law is being violated. But... if you wanted to press the issue, ask specifically which law, which part of the law, and exactly how bees fit into the law that is being violated. Pin down whoever it is that said no.. make them explain the whys to you. Nicely and pleasantly of course. Another idea is to talk to the other apiary owners and ask them their experience with the law. Good luck.
 
#3 ·
He just said it is against the law here is the law, no specifics.

Here is what i replied to him with;
"Thank you for the quick reply to my question.

According to your attached reference I see that you may be wrong in that keeping bees is not permitted.

"ANIMAL HUSBANDRY -- The raising and keeping of livestock, poultry or insects for commercial purposes, or any keeping of animals for any reason beyond what is allowed in a permitted stable or kennel or under the keeping of pets, in compliance with § 255-200D(6). Animal husbandry shall not include a bulk commercial slaughterhouse or a central commercial stockyard for animals awaiting slaughter"

The bees would NOT be kept for commercial purposes. All products of the hive would be for personal consumption.

A. Communicable disease hazards, including activities that encourage the breeding of disease-prone insects and rodents.

The hives will be registered with the state as per law (copy attached). Also hives will be inspected for disease per law.

B. Activity that would create physically dangerous conditions, especially activities that would be easily accessible by small children.

Hives would be maintained in a manner to preclude easy access by children and or the general public. Bees are not classified as a dangerous organism unless disturbed and all prudent safety measures would be in place to preclude such activity.

C. Activity that would prevent a neighboring landowner of ordinary sensitivities from making reasonable use of their property.

Hives and bees would be maintained in a manner to not interfere with neighboring landowners reasonable use of their property.

D. Activity that would be a significant hazard to the public health and safety because of serious explosive, fire, biological or toxic hazards.

Bees and beekeeping do not present a significant hazard to public health and safety by any known authority.

I will be in the near future proposing local legislation that will specifically address the keeping of Honey Bees within the borough.

Thank you for your time."
 
#5 ·
1) The way I read it, the code is basically stating that they either consider an animal (or animals) to be pets or to be being raised for commercial reasons. I think you would have to make a case for the bees being pets (such as an ant farm would be considered to be).
2) I think they mean diseases that effect humans or create an environmental danger but I could be wrong.
3) If being five feet from a hive is considered dangerous then I really don't think you can convince people that a wall will make them safe when the insects fly. As beekeepers we know that bees will pretty much only bother a person if that person REALLY deserves it, but John Q Public doesn't know that (and never will).
4) Same as above. Laws and ordinances such as these are not based on logic but on irrational concerns without any research.
5) Same as above.

Honestly your best bet is to try to get the ordinance changed. You can try to keep bees without getting caught or try to change the ordinance and then keep bees, but if you fight and get around the already existing ordinance you will probably just bring more attention to yourself. I severely doubt if anyone on your local zoning counsel actually cares about this ordinance personally, but if you make them aggravated with you simple human nature will cause them to take notice of you in a negative way. Best to just play the game amicably and get it changed.

Just my $0.02
 
#6 ·
Totally agree.
I have had dealings with the zoning officer in the past and it was not a good experience for either of us. I proved him wrong and made him look like a fool. So I have been on the radar for a while now. That is why I asked for clarification on keeping bee in the borough.

I could go the route of it is easier to ask forgiveness than ask for permission. But being on the boroughs radar kind of makes that a bit more difficult.

Before I place some hives I WILL get the law either changed or have wording included that is specific to bee keeping. Just need to figure out how to proceed at this point.

S
 
#7 ·
I know of one case, Wilhelm v. Flores (2003) in Texas, in which the court decided that bees, unlike wild animals, are within the classification of "ferae naturae" which have been domesticated. Bees are not pets, nor are they animals, nor are they exotic, nor are they rare. You could look up a lot of cases such as this and inundate the zoning powers-that-be with evidence.

I didn't ask my HOA for permission, because the CC&R prohibitions apply to animals, exotics, and anything not commonly kept as a pet, which bees are not. Besides, they can't prohibit me from keeping bees as long as they allow one of my neighbors to have a pet bobcat. A neighbor even had an African Mongoose.

So put a fence around your hives. Beehives have probably caused fewer deaths than swimming pools, which have to be fenced.
 
#8 ·
Let me know how you make out with this. I live in Harrisburg, but I keep my bees in the Carlisle area. Thankfully, my hive is not in the borough and is in much more of a rural location. But I am considering moving to the Carlisle area in the relatively near future and I hope that I will be able to keep my bees on my property. Good luck.
 
#11 ·
Yes I don't think they know about them. I am hoping that by raising this with the borough I don't get them in hot water.

Perhaps these beekeepers may have some advice for you. Montgomery County Beekeepers Association.
Will do thanks!!!

I am in touch with my county Bee coordinator and we will see. They law will be changed or clarified when I am done.
 
#12 ·
2. Don't know how I can get past the provision of disease-prone. We all know that there are several diseases that the bees can get that would rear their ugly head to the powers that be.
Keep in mind, if people are allowed to keep dogs and cats under these rules, bees would fit as well. Dogs and cats are disease prone, but as owners, we take care of them in such a way so as not to be diseased.
 
#13 ·
The "disease prone" refers to diseases that people can get from the animals. Like rabies, bubonic plague, tapeworms, etc.

These sound a lot like the regulations that we have.
Chapter 5.23
ANIMALS – KEEPING
Sections:
5.23.010 Keeping prohibited except in compliance with chapter.
5.23.020 Conditions for keeping.
5.23.025 Permit required for keeping wild or vicious animals or reptiles.
5.23.026 Allowing wild or vicious animals to run at large prohibited.
5.23.027 Exceptions for circuses, zoos, and transportation of wild animals.
5.23.030 Violations – Penalty.
5.23.010 Keeping prohibited except in compliance with chapter.
It shall be unlawful for any person to keep any horses, asses, mules, cattle, goats or sheep within the city limits of the City of
Tacoma; provided that this chapter shall not apply in areas in which slaughterhouses or stockyards are permitted by
appropriate ordinances of the City of Tacoma; provided, further, that upon full compliance with the provisions of
Section 5.23.020 of this chapter, the keeping of any such animal or animals may be permitted when the conditions of said
Section are and continue to be complied with in all respects. (Ord. 15852 § 1; passed Apr. 22, 1957)

Chapter 5.30
DOMESTIC FOWL
Sections:
5.30.010 Keeping – Prohibited places.
5.30.020 Running at large.
5.30.030 Exception upon consent of surrounding owners.
5.30.040 Penalty.
5.30.010 Keeping – Prohibited places.
It shall be unlawful for any person to keep chickens, geese, ducks, pigeons or other domestic fowl in any chicken house or
building within a distance of 50 feet from the nearest portion of any residence, dwelling, hotel, apartment house or rooming
house in the City of Tacoma; and the keeping of chickens, geese, ducks, pigeons or other domestic fowl as aforesaid is
hereby declared to be a public nuisance; provided that this chapter shall not apply in areas in which abattoirs or stockyards
are permitted by appropriate ordinances. (Ord. 22212 § 17; passed Sept. 30, 1980: Ord. 16586 § 1; passed Jun. 14, 1960)

Chapter 5.32
HOGS
5.32.010 Prohibited places.
The keeping of a hog or hogs within the City of Tacoma is hereby declared to be a public nuisance; provided that this chapter
shall not apply in areas in which abattoirs or stockyards are permitted by appropriate ordinance. (Ord. 22212 § 20; passed
Sept. 30, 1980: Ord. 4928 § 1; passed Apr. 17, 1912)

Chapter 5.34
RABBITS
5.34.010 Prohibited places.
It shall be unlawful for any person to keep rabbits in any rabbitry, building or other enclosure within a distance of 50 feet
from the nearest portion of any residence, dwelling, hotel, apartment house or rooming house now existing or hereafter
constructed, owned by any other person, in the City of Tacoma; and the keeping of rabbits in violation of the above
provisions is hereby declared to be a public nuisance. (Ord. 11342 § 1; passed Oct. 21, 1936)

But, the regulations also include:

Chapter 5.24
APIARIES
Sections:
5.24.010 Beekeeping – Maintenance of colonies – Nuisances designated.
5.24.020 Enforcement and entry – Right of entry for inspection.
5.24.030 Violation – Penalty.
5.24.010 Beekeeping – Maintenance of colonies – Nuisances designated.
A. It shall be the duty of any person having honey bees, Apis Mellifera, on his or her property to maintain each colony so as
not to create a public nuisance.
B. Honey bee colonies shall, in addition, be maintained in the following condition:
1. All honey bee hives shall be registered with the Washington State Department of Agriculture as required by
RCW 15.60.030.
2. Colonies shall be maintained in movable-frame hives.
3. Adequate techniques, such as requeening, in handling bees, and adequate space in the hive shall be maintained to prevent
unprovoked stinging 75 feet or more from the hive.
4. Lots having less than 10,000 square feet shall not have more than four hives.
5. Hives shall not be located within 75 feet of any property line, public street, sidewalk, or alley except when situated behind
a solid fence or hedge six feet in height parallel to any property line within 25 feet of the hive and extending at least 20 feet
beyond the hive in both directions, or if such fence completely encloses the hives.
C. All other nests (colonies) of stinging insects, such as yellow jackets, hornets, and wasps, including Vespidae, in trees,
buildings, underground, or in any other space, and diseased colonies of honey bees, constitute public nuisances. (Ord. 22662
§ 1; passed Apr. 6, 1982)
5.24.020 Enforcement and entry – Right of entry for inspection.
A. The Tacoma-Pierce County Health Department and the Police Department shall enforce this chapter.
B. Proper officers of the Tacoma-Pierce County Health Department and any Tacoma Police Officers are authorized and
empowered, during reasonable business hours, to enter premises to inspect hives or colonies for the purpose of ascertaining
the variety of insects occupying the hives, conditions of health, and management of crowding. Entry may be pursuant to
warrant or pursuant to the consent of the owner or occupier of the premises, or without consent or warrant if there is probable
cause to believe that a violation of this chapter is occurring on the premises and evidence thereof will be lost or destroyed
before a warrant can be issued. (Ord. 22662 § 1; passed Apr. 6, 1982)

To me, it sounds like they have no laws or ordinances against (or for) non-nuisance bees.
 
#17 ·
Here is what I have so far for an amendment to the local zoning law. Tell me what you think and any suggestions, additions, corrections or what have you appreciated.

§ 255-255 APIARIES
Beekeeping – Maintenance of colonies – Nuisances designated.
A. It shall be the duty of any person having honey bees, Apis Mellifera, on his or her property to maintain each colony so as not to create a public nuisance.

B. Honey bee colonies shall, in addition, be maintained in the following condition:

1. All honey bee hives shall be registered with the Pennsylvania State Department of Agriculture as required by 3 Pa.C.S.A. §§ 2101 – 2117.

2. Colonies shall be maintained in movable-frame hives.

3. Adequate techniques, such as requeening, in handling bees, and adequate space in the hive shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.

4. Lots having less than 10,000 square feet shall not have more than four hives.

5. Hives shall not be located within 75 feet of any property line, public street, sidewalk, or alley except when situated behind a solid fence or hedge six feet in height parallel to any property line within 25 feet of the hive and extending at least 20 feet beyond the hive in both directions, or if such fence completely encloses the hives.

C. All other nests (colonies) of stinging insects, such as yellow jackets, hornets, and wasps, including Vespidae, in trees, buildings, underground, or in any other space, and diseased colonies of honey bees, constitute public nuisances.

Enforcement and entry – Right of entry for inspection.

A. The Cumberland County Health Department and the Carlisle Borough Police Department shall enforce this chapter.

B. Proper officers of the Cumberland County Health Department and any Carlisle Borough Police Officers are authorized and empowered, during reasonable business hours, to enter premises to inspect hives or colonies for the purpose of ascertaining the variety of insects occupying the hives, conditions of health, and management of crowding. Entry may be pursuant to warrant or pursuant to the consent of the owner or occupier of the premises, or without consent or warrant if there is probable cause to believe that a violation of this chapter is occurring on the premises and evidence thereof will be lost or destroyed before a warrant can be issued.
 
#27 ·
Bakpakr -- Why don't you talk to Warren Miller / PA State Beekeepers Assn. Cumberland is still an agricultural county, the Penn State Ag extension folks will help, too. Your neighbor cities don't have these restrictions, sounds like an overly zealous zoning officer. There are PA State folks that will help you - better than out-of-state help for a problem like this. Good luck.
 
#28 ·
bakpakr: Are you near Patton PA,,,message me if you do.
I just invested 18,000 bucks on a building on my farm. Then the twp I live in Ohio sued the Zoning Board of Appeals for allowing me to build it. The Twp spent, so far, over 45,000 for their attorney,,,they have not paid the attorney for the ZBA, that bill is also around 45,000.00. I stood my ground, and now the TWP insurance company that will have to pay the lawyers said to drop the case. In a way I won,, but I also lost. My 18,000.00 investment was torn down in an effort to stop any more money being wasted by the TWP Trustees. Now I am thinking of suing each one of them as Citizens,,not government officials,, my attorney says I have a good case and I can sue them as citizens.
I posted this to show city hall is not the final word. And oh BTW I used Ohio Revised Code to help the ZBA with evidence which states. TWP's and Counties have no Agricultural Buildings.
bakpakr : Fight em!!!!
 
#32 ·
I think fighting this a such a low government level is a waste of time. Even if you get your way, the next guy in that same office can nullify the previous ruling based on his/her interpretation of the law(s).

You would be better off getting your state beekeeping association involved. If you are not a member, then join their ranks. They are your best advocate.

In the state of TN, local laws have been passed over the last few years banning beekeeping. Some are county and some are city ordanances.

The TBA (TN Beekeepers Association) finally got a bill through the state legislature and signed by the govenor either late last year or early this year that supercedes all local ordanances concerning beekeeping. This new law states that anyone can keep bees on their property. I think there is a maximum amount of hives which is based upon lot size(s).

With most everyone I know concerned about the plight of bees these days, it is much easier to get the public on your side.

A letter to the editor of your local and state newspapers couldn't hurt either. Enlighten these readers about bees, beekeeping, and the loss of bees across the country.
 
#36 ·
Hi bakpakr and good luck in your efforts.

Many municipalities are in the process of legalising or formalising beekeeping, due to the the exploding public interest and support for locally produced food and an awareness of the 'plight' of bees. Although this is often based on a poor understanding of the issue, it provides support nonetheless. I have found a lot of good info on this site, and if you google 'beekeeping' 'ordinance' 'code' 'bylaw' you will find many examples you can show to your local or district council, including model code text. I am pursuing this where I live and am exploring a partnership with the botanic garden in my local city as a first step. It is looking positive so far. I will see if I can email you a document where I have gathered up all the examples I found of codes etc in existence now. Some of them are surprisingly permissive, e.g. allowing bees in condos. Following Vancouver legalising beekeeping in 2006, there are now reportedly 3,000 beekeepers in the city!

cheers

Rob
 
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