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TOWN OF ROCKY MOUNTAIN HOUSE
BYLAW 2019/l&V
**Amended by Bylaw 2020/03
A bylaw to regulate the keeping of bees in urban areas
WHEREAS, pursuant to section 7(a) of the Municipal Government Act, a council may
pass bylaws for municipal purposes respecting the safety, health, and welfare of
people and the protection of people and property;
WHEREAS, pursuant to section 7(h) of the Municipal Government Act, a council may
pass bylaws for municipal purposes respecting wild and domestic animals and
activities in relation to them;
WHEREAS, pursuant to section 7(i) of the Municipal Government Act, a council may
pass bylaws for municipal purposes respecting the enforcement of bylaws made
under the Municipal Government Act or any other enactment including any or all of
the matters listed therein;
WHEREAS, pursuant to section 8 of the Municipal Government Act, a council may by
bylaw regulate, prohibit, or provide for a system of licences, permits, or approval
including any or all of the matters listed therein.
NOW THEREFORE the Council of the Town of Rocky Mountain House, duly
assembled, hereby enacts as follows:
PARTl
TITLE
1. This Bylaw may be referred to as the "Urban Beekeeping Bylaw".
DEFINITIONS
2. In this Bylaw:
a. "Adjoining Neighbours" means a site that is contiguous to another site
along a common property line or adjacent across a rear lane. If the subject
site is located on a corner, an adjoining site includes a site that is adjacent
across a rear lane, but not across a street;
b. "Animal Health Act" means the Animal Health Act, SA 2007, C A-40.2, and
any amending or succeeding legislation, and associated regulations;
c. "Bee" means the insect Apis mellifera L., also known as honey bees;
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Bylaw 2019/16V
d. "Bee Act" means the Bee Act, RSA 2000, c B-2, and any amending or
succeeding legislation, and associated regulations;
e. "Beekeeper" means a person who owns and possesses Bees or beekeeping
equipment or both;
f. "Business Licence" means a licence pursuant to the Business Licence Bylaw
14/16V and includes any amendments thereto or replacements thereof;
g. "Chief Administrative Officer" means the Chief Administrative Officer
(CAO) appointed by the Town of Rocky Mountain House;
h. "Commercial Sales" means selling to a large box store or retail businesses;
i.
"Council" means the Council of the Town of Rocky Mountain House duly
assembled and acting as such.
j. "Emergency Hive" means an extra hive with no more then 2 supers to help
prevent swarming and overflow of bees;
k. "Hive" means beehive equipment inhabited by live Bees;
I.
"Licensing Authority" means the CAO or an individual appointed by the
CAO to issue Urban Beekeeping Licences;
m. "Municipal Violation Tag" means a Town-issued notice that alleges a Bylaw
offence and provides a person with the opportunity to pay an amount to the
Town in lieu of prosecution for the offence;
n. "Peace Officer" means any person authorized by Council to enforce this
bylaw and includes:
i.
a member of the Royal Canadian Mounted Police, while the member Is
in the exercise or discharge of the member's powers or duties,
ii.
a member of a municipal police service, while the member is in the
exercise or discharge of the member's powers or duties,
iii.
a Peace Officer appointed under the Peace Officer Act, while the Peace
Officer is in the exercise or discharge of the Peace Officer's powers or
duties, and
iv.
a Bylaw Enforcement Officer appointed by the Council, while the officer
is in the exercise or discharge of the officer's powers or duties.
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Bylaw 2019/16V
o. "Pedestrian Walkway" means a path, trail or sidewalk for pedestrian
circulation that cannot be used for motorized vehicular use;
p. "Provincial Apiculturist" means the individual designated as the Provincial
Aplculturist In accordance with the Bee Act;
q. "Super" means a Bee Hive box which holds frames used for brood rearing or
storing honey;
r. "Town" means the Town of Rocky Mountain House, a municipal corporation
of the Province of Alberta, and includes, where the context so requires, the
area contained within the boundaries of the Town of Rocky Mountain House;
s. "Urban Beekeeping Licence" means a licence issued pursuant to the Urban
Beekeeping Bylaw; and
t. "Violation Ticket" is as defined in the Provincial Offences Procedure Act and
any amending or succeeding legislation.
PART2
URBAN BEEKEEPING LICENCE
Requirement for Licence
3. This Bylaw enables beekeeping as urban agriculture and no person shall own or
keep Bees unless properly licensed in accordance with this Bylaw.
4. An Urban Beekeeping Licence may not be issued to an individual under the age of
eighteen (18) years. However, may be issued to anyone 16 or 17 years of age
provided a Parent or Guardian sign off on the Licence form.
Urban Beekeeping Licence Application and Information
5. Before the issuance or renewal of a licence pursuant to this part, the owner of the
Hive must submit to the Licensing Authority:
a. a completed Urban Beekeeping Licence application form;
b. the appropriate licence fee as prescribed in the Town's Fees and Rates Bylaw;
c. any other additional information required by the Licensing Authority, including,
but not limited to:
i.
the name, address, and contact information of the Beekeeper;
Bylaw 2019/16V
ii.
written permission from the registered property owner to install Hives
on the property, where the Beekeeper is not the registered property
owner;
iii.
written permission from the authorized property leaseholder or license
holder to install· Hives on property, where the Beekeeper is not the
authorized leaseholder or licence holder of the property;
iv.
a drawing that shows the hive location on the property, and associated
setbacks if there is no solid fence and/or the property is adjacent to a
Pedestrian Walkway;
v.
proof of success in urban beekeeping training from an accepted
organization or association;
vi.
proof of support and assistance from a qualified mentor for the first year
of bemkeeping;
vii.
a disease and swarm control plan;
viii.
proof of registration with the Provincial Aplculturlst every year by June
30; and
ix.
a copy of the premise's Identification number pursuant to the Animal
Health Act when hives are being medicated.
6. Notwithstanding Section 5, at the time of initial application for an Urban
Beekeeping License, the applicant must submit to the Licensing Authority written
permission from all Adjoining Neighbours to install Hlve(s) on the property.
7. An Urban Beekeeping License is required for each property that has a Hive.
8. Urban Beekeeping Licenses are valid for one (1) calendar year January 1 to
December 31.
9. No person shall give false information when applying for an Urban Beekeeping
License pursuant to this Urban Beekeeping Bylaw.
10.The Licensing Authority may refuse to issue an Urban Beekeeping Licence or may
revoke an Urban Beekeeping Licence by providing written notice to the applicant
or licensee.
Licence Transfers
11.Urban Beekeeping Licences issued under this Bylaw shall not be transferable from
one person or property to another.
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Bylaw 2019/16V
PART3
RESPONSIBILITIES OF THE URBAN BEEKEEPER
12.Beekeepers must comply with the Bee Act and the Animal Health Act.
13.Beekeepers, or the owner of any parcel of land on which the Bees are kept, must
ensure:
a. good husbandry practices and maintenance to prevent swarming, aggressive
behaviour, and disease; and
b. that adequate water is provided at all times for the Bees to deter the Bees
from seeking water from alternate sources.
PART4
URBAN BEEKEEPING GENERAL REGULATIONS
14. Beekeeping In parks, reserve land, or on open spaces occupied or managed by
the Town is not permitted under this Bylaw.
15.Notwithstanding section 13, applications to keep Bees may be considered for open
spaces that are leased from the Town, subject to permission from the lessee and
the Town.
16. This Bylaw applies to the activity of beekeeping for personal use only. Selling of
honey commercially is a violation of Bylaw 2019/16V.
17.Thls Bylaw does not relieve a person from complying with any Federal or Provincial
law or regulation, other Town Bylaw, or any requirement of any lawful permit,
order or licence.
PARTS
HIVE REQUIREMENTS FOR URBAN BEEKEEPING
General Hive Requirements
18.A Hive must include a bottom board, a Hive cover and the Hive must not measure
more than 152.4 cm (60 in.) x 51 cm (20 in.) x 51 cm (20 in.). As many supers
can be added to the hive provided it does not go over 152.4cm (60 in) in height.
19.Hives are restricted to the rear yard of a property.
20.Hive entrances are to be directed away from adjoining properties.
21.Hives are to be located:
Bylaw 2019/16V
a. a minimum of three (3) metres (10 feet) from all property lines; and** (Amended by
Bylaw 2020/03)
b. within a rear yard enclosed by a fence or hedge a minimum of 1.52 metres (5 feet)
in height.
c. Hives on properties located adjacent to pedestrian walkways must be located a
minimum of three (3) metres (10 feet) from the property line adjacent to the
pedestrian walkway and within a rear yard enclosed by a fence or hedge a
minimum of 1.52 metres (5 feet) in height.
Hives Located on Residential Properties
22.A maximum of two (2) Hives are permitted on one (1) parcel of residential land.
A third emergency hive can be added to help prevent swarms and overflow. Once
any bees are in the third hive, it must be relocated within two weeks. The third
emergency hive shall not have more then 2 supers.
Hives Located on Non-Residential Properties
23.A maximum of two (2) Hives are permitted on one (1) parcel of non-residential
land with an area less than 929 m2 (10,000 ft2). The emergency hive applies
here.
24.A maximum of four (4) Hives are permitted on one (1) parcel of non-residential
land with an area equal to or greater than 929 m2 (10,000 ft2). The emergency
hive applies here.
25.Hives located in open spaces, without defined rear yards, must be located a
minimum of three (3) metres (10 feet) from all property lines and be located
within a secure enclosure a minimum of 1.52 metres (5 feet) in height. The
emergency hive applies here.
PART&
ENFORCEMENT
Offence
26.At any reasonable time, the Licensing Authority or a Peace Officer may enter upon
any property in order to ascertain whether or not the provisions of this Bylaw are
being observed.
27 .Should a beekeeping site, Hive, or Beekeeper be found to be non-compliant with
this Bylaw at any time, the Urban Beekeeping Licence may be revoked. Should
Hive(s) and Bees need to be relocated, all costs and associated expenditures
related to the removal shall be the responsibility of the property owner.
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Bylaw 2019/16V
28.A person who contravenes any provision of this Bylaw Is guilty of an offence.
Continuing Offence
29.In the case of an offence that Is of a continuing nature, a contravention of a
provision of this Bylaw constitutes a separate offence with respect to each day, or
part of a day, during which the contravention continues. A person guilty of such
an offence is liable to a fine in an amount not less than that established by this
Bylaw for each such separate offence.
Fines and Penalties
30.A Person who is guilty of an offence under this Bylaw Is liable:
a. to a fine of $250.00; or
b. on summary conviction, to a fine not exceeding $10,000.00 or to an order of
imprisonment for not more than 1 year, or both.
Municipal Violation Tag
31.A Peace Officer may issue, with respect to an offence under this Bylaw, a Municipal
Violation Tag specifying the fine amount (including any Early Payment fine
amount) established by this Bylaw.
32. Where a Municipal Violation Tag is Issued, the fine amount indicated thereon may
be paid as directed in lieu of prosecution.
Violation Ticket
33.A Peace Officer may issue, with respect to an offence under this Bylaw, a Violation
Ticket:
a. specifying the fine amount established under this Bylaw; or
b. requiring an appearance in court without the option of making a voluntary
payment.
34.Where a Violation Ticket specifies a fine amount, a voluntary payment equal to
the specified fine amount may be made as directed.
SEVERABILITY AND REPEAL
35.It is the intention of Council that each provision of this Bylaw should be considered
as being separate and severable from all other provisions. Should any section or
provision of this Bylaw be found to have been improperly enacted, then such
section or provision shall be regarded as being severable from the rest of this
Bylaw 2019/16V
Bylaw and that the Bylaw remaining after such severance shall remain effective
and enforceable.
36.A copy of a record of the Town, certified by the CAO as a true copy of the original,
shall be admitted in evidence as prima facie proof of the facts stated in the record
without proof of the appointment or signature of the person signing it.
37.Fees under the Fees and Rates Bylaw may, from time to time, be amended.
THAT this Bylaw shall take effect on November 12, 2019 and upon signing by the
Mayor and Chief Administrative Officer.
READ a first time in Council assembled this 17th day of September, 2019.
READ a second time in Council assembled this 12th day of November, 2019.
READ a third time in Council assembled and passed this 12th day of November,
2019.
Date
Bylaw 2019/16V
/
I
Redacted under Section 17 of the FOIP Act.
Redacted under Section 17 of the FOIP Act.
TOWN OF ROCKY MOUNTAIN HOUSE
BYLAW 2020/03 - Amendment to Urban Beekeeping Bylaw
Being a Bylaw to amend Bylaw 2019/16V Urban Beekeeping Bylaw, of the Town of
Rocky Mountain House, in the Province of Alberta.
WHEREAS pursuant to the Municipal Government Act R.S.A. 2000, Chapter M-26,
Section 7, a Council may pass bylaws for municipal purposes;
WHEREAS pursuant to the Municipal Government Act R.S.A. 2000, Chapter M-26,
under Section 191(1), Council has the power to amend or repeal Bylaws;
WHEREAS pursuant to the Municipal Government Act R.S.A. 2000, Chapter M-26,
Section 63, a bylaw may be amended, if the amendment does not materially affect
the bylaw, in principle or substance, to correct a clerical, technical, grammatical, or
typographical error;
NOW THEREFORE the Municipal Council of the Town of Rocky Mountain House duly
assembled, hereby enacts as follows:
Under Part 5, 21a., of Urban Beekeeping Bylaw 2019/16V, it shall be amended as
follows:
"a minimum of three (3) metres (10 feet) from property lines; or", shall be amended
to read, "a minimum of three (3) metres (10 feet) from property lines and".
Read a first time in Council this 11th day of February, 2020.
Read a second time in Council this 11th day of February, 2020.
Unanimous consent to move to 3rd and final reading this 11th day of February, 2020.
Read a third and final time in Council this 11th day of February, 2020.
Bylaw 2020/003 Amendment to Beekeeping Bylaw
Redacted under Section 17 of the FOIP Act.
Redacted under Section 17 of the FOIP Act.