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4) Each colony on the apiary site must be provided with a convenient source of water <br />which must be located within 10 feet of each active colony. <br />5) Materials from a hive such as wax combs or other materials that might encourage <br />robbing by other bees must be promptly disposed of in a sealed container or placed <br />within a building or other bee and vermin proof enclosure. <br />6) Each beekeeper shall maintain their beekeeping equipment in good condition, including <br />keeping the hives painted if they have been painted but are peeling or flaking, and <br />securing unused equipment from weather, potential theft or vandalism and occupancy <br />by swarms. It shall not be a defense to this ordinance that a beekeeper’s unused <br />equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. <br />7) Hives will be continuously managed to provide adequate living space for their respective <br />honeybees in order to prevent swarming. <br />8) For each colony licensed to be maintained under this ordinance, there may also be <br />maintained upon the same apiary lot, one nucleus colony in a hive structure not to <br />exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. <br />9) In any instance in which a colony exhibits unusual aggressive behavior, it is the duty of <br />the beekeeper to promptly re-queen the colony. <br />10) Flyway Barrier: <br />a. Except as otherwise provided in this ordinance, in each instance where a colony is <br />kept less than 25 feet from a property line of the lot upon which the apiary is located, as <br />measured from the nearest point on the hive to the property line, the beekeeper shall <br />establish and maintain a flyway barrier at least 6 feet in height. <br />b. The flyway barrier may consist of a wall, fence, dense vegetation or a combination <br />thereof, such that bees will fly over rather than through the material to reach the <br />colony. <br />c. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in <br />height, so long as the vegetation normally reaches 6 feet in height or higher. <br />d. If a wall or fence flyway barrier is used, the materials must be decay resistant, <br />maintained in good condition. A wall or fence flyway barrier shall not exceed the <br />maximum allowable fence height per section 150.072 of City Code. <br />e. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either <br />direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in <br />height. <br />f. A flyway barrier is not required if the property adjoining the apiary lot line is (1) <br />undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, <br />or is (4) a wildlife management area or naturalistic park land with no horse or foot trails <br />located within 25 feet of the apiary. If the adjoining property becomes developed, a <br />flyway barrier must be erected according to the specifications of this section. No <br />allowance for a legal nonconformity shall accrue under this subsection. <br />11) Hives shall be continuously managed to provide adequate living space for their resident <br />honeybees in order to prevent swarming. <br />12) Where a flyway barrier is required, the hive openings shall face the flyway barrier. <br />(K) Inspections.