1. The purpose of this section is to establish certain requirements for beekeeping within the city, to avoid issues which might otherwise be associated with beekeeping in populated areas.

2. Compliance with this section shall not be a defense to a proceeding alleging that a given colony constitutes nuisances or violates applicable ordinances, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among beekeepers in the city limits of Montague.

1. A maximum of three hives on a property less than one acre.

2. A maximum of six hives on a property between one and two acres.

3. For properties over two acres, an additional three hives per acre permitted.

4. Bees shall be kept in hives with removable frames or combs, which shall be kept in a sound and usable condition.

5. Hives shall not be placed in a front yard. A beehive must be located 10 feet from a dwelling.

6. The flyway barrier can be up to six feet and may consist of a wall, fence, dense vegetation or a combination thereof, such that the bees will fly over rather than through the material to reach the colony.

7. A flyway barrier is not required if the property adjoining the apiary lot line (a) is undeveloped, or (b) is zoned agricultural or industrial.

8. Products generated on site by bees, such as honey, shall be permitted to be sold on the property per applicable business license or home occupation regulations; however, no outdoor sales are permitted.

1. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily hive the swarm on their property for up to 30 days from the date acquired, at which time the hive limit requirements of subsection (B) of this section apply once more.

1. A designated city official shall have the right to inspect any apiary for the purpose of ensuring compliance with this section between 8:00 a.m. and 5:00 p.m. once annually upon prior notice to the owner of the apiary property, and more often upon complaint without prior notice.

1. Any person maintaining an apiary in violation of any of the provisions of this section may be served with a written notice of such violation by any enforcement officer of the city. The notice may be served upon the person in possession of or owning such apiary or apiaries, personally or by mail, or if the address of such person is not known, by posting said notice in a conspicuous place on the apiary for five days. The person served with the notice may appeal to the city council by submitting within 10 days of the date of the notice of violation a written appeal detailing all bases for the appeal. City council shall render a determination on the appeal within 30 days of receipt of the appeal. The decision of the city council regarding the appeal shall be final and conclusive.

1. This section is an alternative to and does not supersede any other provision of the law that authorizes a nuisance to be abated or enjoined. (Ord. 15-05, 2015; Ord. 87-2 § 4(b), 1987)