Beekeeping Bylaw No. 2373, 2017

Fort St. John, British Columbia · adopted 2017-04-24

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CITY OF FORT ST. JOHN BYLAW NO. 2373, 2017 A Bylaw to Regulate the Keeping of Bees WHEREAS pursuant to Section 8(3)(k) of the Community Charter a Council may, by bylaw, regulate, prohibit and impose requirements in relation to animals; NOW THEREFORE Council of the City of Fort St. John, in open meeting assembled, enacts as follows: 1. Title: This Bylaw may be cited for all purposes as "City of Fort St. John Beekeeping Bylaw No. 2373, 2017". 2. Definitions: In this Bylaw: "Apiculture" means the keeping and management of bees; "Bee" includes the insect Apis Mellifera; "Beehive" means a box or receptacle with movable frames used for housing a colony of Bees; "Beekeeper" means a person who owns or controls Bees; and "Colony" means queen, brood and accompanying Bees. "Nucleus Hive" means a complete colony with one egg laying queen, worker bees, 3-5 frames with brood in all stages of development and some reserves of pollen and honey 3. Responsibility: 1. The requirements in this Bylaw are additional to the requirements imposed on Beekeepers under the British Columbia Bee Regulation B.C. Reg. 3/2015 or other applicable standards adopted by the Province of British Columbia from time to time. 2. The registered owner of parcel of land on which Bees are kept is deemed to be a Beekeeper under this Bylaw unless the registered owner advises a bylaw enforcement officer in writing that the registered owner has granted permission to keep Bees to a tenant or other occupier of the parcel. Beekeeping Bylaw No. 2373, 2017 Page 2 4. Beehive Management : A Beekeeper must: a) take reasonable steps to ensure that the apicultural operation does not pose a safety risk to persons on adjacent parcels or highways; b) take reasonable steps to minimize the risk of damage to adjacent buildings and property caused by Apiculture; c) provide Bees with access to sufficient and proximate water; d) re-queen the Colony if the Colony engages in swarming or aggressive behavior; e) not locate a Beehive within 3 meters of any neighboring property line; f) either contain a Beehive within an area surrounded by a solid 1.8 meter high fence or place the Beehive a minimum of 2.4 meters off the ground; g) direct the Beehive entrances away from neighboring properties unless environmental conditions such as wind or limited sun exposure make this unhealthy for the Bees; and h) locate Beehives in the rear yard of the property. 5. Number of Colonies: No Beekeeper shall keep more than: a) two (2) Colonies and two (2) nucleus Colonies on a parcel of land with an area less than 1,000 square meters (0.1 hectares); or b) four (4) Colonies and four (4) nucleus Colonies on a parcel of land having an area exceeding 1,000 square meters (0.1 hectares) 6. Inspection: A public health officer, licence inspector, bylaw enforcement officer, member of the Royal Canadian Mounted Police, or any other municipal employee, or agent, duly authorized by Council for such purpose, may enter at all reasonable times upon any property in order to determine whether or not a person is complying with the provisions of this Bylaw. 7. Offence and Penalties: Any person who contravenes a provision of this Bylaw is liable upon summary conviction to a maximum fine of $10,000.00 and, if ordered by the court, to pay the City of Fort St. John the costs of prosecution. Every day during which a contravention continues shall constitute a separate offence. 8. Severability: If any section, subsection sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the part that is invalid shall not affect the validity of the remainder. Beekeeping Bylaw No. 2373, 2017 Page 3 READ FOR A FIRST TIME THIS 27th DAY OF FEBRUARY, 2017 READ FOR A SECOND TIME THIS 27th DAY OF FEBRUARY, 2017 READ FOR A THIRD TIME THIS 10th DAY OF APRIL, 2017 ADOPTED THIS 24TH DAY OF APRIL, 2017 LORI ACKERMAN JANET PRESTLEY, DIRECTOR OF MAYOR LEGISLATIVE AND ADMINISTRATIVE SERVICES