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11 Flyway Barrier: 1) Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. 2) The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 3) If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. 4) If a wall or fence flyway barrier is used, the materials must be decay resistant, maintained in good condition. A wall or fence flyway barrier over 7 feet in height requires a variance and a building permit. 5) The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. 6) A flyway barrier is not required if the property adjoining the apiary lot line is (1) undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, or is (4) a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. If the adjoining property becomes developed, a flyway barrier must be erected according to the specifications of this 12 Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. Inspections 1 As part of the initial application or annual renewal, each beekeeper must allow an inspection of the apiary site. The City Manager or their designee has the right to inspect any apiary for the purpose of ensuring compliance with this Section upon providing prior notice to the owner of the apiary property. In the case of a complaint regarding the apiary, the apiary site may be inspected by the City without prior notice. 2 If a licensed apiary site is found to be non‐compliant with any requirements of this section or any aspect of the licensing process, a compliance order shall be issued by the City Manager, or their designee. The licensee shall have up to ten(10) days to bring the apiary into compliance or risk the loss of their license. 3 If the City Manager orders the revocation of an existing Beekeeping License, a hearing before the City Council shall be scheduled as follows: (A) Scheduling of hearing. If the city makes a determination that it will be revoking a license pursuant to this subchapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice of intent to revoke. (B) Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The licensee shall have the opportunity to address the City Council at the hearing. (C) Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the Relocation or Removal 1 If any licensed beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person will not be considered to be in violation of the colony density restrictions of this Section if the following conditions are met: (1) The person temporarily houses the honeybees at an apiary site of a beekeeper licensed by the City; (2) The honeybees are not kept for more than 30 days; and (3) The site remains in compliance with the other provisions of this Section. 2 Any resident who has lost their license 3 Any resident who voluntarily forfeits the licensed colony 4 Any resident who wishes to transplant the licensed colony must first stablish a new license in whichever jurisdiction they plan to relate to.