§ 51.29. Bees and beehives.

(a)

Definitions. As used in this Section, the following words, terms and phrases shall have the meanings ascribed to them in this section:

(1)

"Apiary" shall mean a place where bee colonies are kept.

(2)

"Bee" shall mean any stage of the common domestic honeybee, Apis Mellifera Species.

(3)

"Colony" shall mean a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.

(4)

"Hive" shall mean a structure intended for the housing of a bee colony.

(b)

Annual Licensing. Beekeepers shall apply for a City beekeeping license upon bringing any colony into the City. For bee colonies existing within the City prior to the effective date of this section, beekeepers shall have two weeks from the date this section goes into effect to apply for a City beekeeping license. Applications shall be submitted to the City of Elmhurst Building Commissioner. At the time of application for a City beekeeping license, the applicant shall:

(1)

Submit proof of registration of the colonies with the State of Illinois Department of Agriculture; and

(2)

Be in compliance with the other requirements of this section;

(3)

Pay a fifty dollar ($50.00) non-refundable application fee; and

(4)

Provide a twenty-four (24) hour telephone number and home address as well as an alternate contact to the City for emergency contact situations.

The City beekeeping license shall be renewed each year by submitting a renewal application to the City of Elmhurst Building Commissioner no more than two weeks prior to the one year anniversary date of the then current City beekeeping license. To renew a City beekeeping license, the applicant shall submit the same documents, comply with the same requirements, and pay the same fee set forth in this subsection (C) and required for the initial City beekeeping license application, which if not otherwise extended shall be void.

(c)

Compliance with Laws and Regulations.

(1)

Bees, beehives and apiaries, shall be maintained in the City pursuant to 510 ILCS 20 et seq., of the Bees and Apiaries Act and Title 8, Chapter l, Subchapter b, Part 60 et seq., of the Illinois Administrative Code.

(2)

Any bee colonies in the City not in compliance with this Section are prohibited.

(3)

Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive that, by virtue of its condition, has obviously been abandoned is hereby declared a nuisance and is prohibited and unlawful.

(4)

Nuisance: Bees, colonies, or items of bee equipment where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered are hereby declared a nuisance and are prohibited and unlawful.

(d)

Hives and Placement.

(1)

All bee colonies shall be kept in inspectable-type hives with removable combs, which shall be kept in sound and usable condition.

(2)

Hives shall be placed in a quiet area of the lot and not directly against a neighboring property, and shall be kept as far away as possible from roads, sidewalks and rights-of-way, but in any and all events shall not be located within any lot setbacks and, if none, then at least ten (10) feet from any lot property line and right-of-way.

(3)

Flight paths into the hive shall remain within the lot. Barriers, including solid fencing, hedges and shrubs not more than six feet high may be used to redirect the bees' flight pattern.

(4)

If apiaries, colonies, or hives are maintained on rooftops, then herb, vegetable and flower gardens, whenever feasible, shall be maintained on the rooftop in conjunction with beehives and bee keeping.

(5)

All hives shall be enclosed by fencing with a secure gate and prominent signage, with a minimum of four inches contrasting letter in form and placement as approved by the City, warning of "Beehive on Premises."

(6)

A convenient source of water shall be available at all times to the bees so that the bees do not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.

(7)

The beekeeping activity, hive, colony or apiary, shall ensure that no bee comb or other materials that might encourage "robbing" are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee proof enclosure.

(e)

Colonies.

(1)

Types of Bees:

(A)

Only Apis Mellifera bees shall be permitted in hives, colonies or apiaries, in the City of Elmhurst.

(B)

Bi-annual re-queening of hives and re-queening of swarms with certified European stock purchased from reliable local sources, whenever possible, is required and replacement of queens shall be done immediately if the hive becomes difficult to manage. Upon witnessing unusual defensive behavior, the Illinois Department of Agriculture Apiary Inspector shall be consulted.

(2)

Queens:

(A)

A colony's temperament is determined by its queen's characteristics. Any colony exhibiting unusually defensive behavior (stinging or attempting to sting without provocation) or an excessive swarming tendency shall be re-queened as soon as possible.

(B)

Each licensed person responsible for the bee keeping activity, hive, colony or apiary, shall evaluate their queens on a regular basis for performance and hive gentleness. Only queens of European origin shall be used.

(C)

Queens should only be obtained from the most reliable sources. Local sources, where available, are required in order to reduce the chances of introducing Africanized honeybees and to ensure that the queen is well suited to the climate.

(3)

Densities:

(A)

There shall be no more than two colonies at each licensed person's property and/or at each high school or college. In the event that there are two or more licensed persons operating beekeeping activity on property adjacent to one another, the City reserves the right to revoke a beekeeping license and/or limit beekeeping activity so as to protect the public health, safety and welfare consistent with the provisions of paragraph (f) of this Section.

(B)

For each two colonies, there may be maintained one nucleus colony in a hive structure not exceeding one standard nine and five-eighths inch depth ten (10) frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired.

(4)

Swarming: Swarming is a natural honeybee behavior. Two primary causes of swarming are congestion and poor ventilation in the hive. To avoid these conditions, beekeepers shall implement the following:

(A)

Brood chamber manipulation.

(B)

Colony division.

(C)

Addition of supers for brood rearing and honey storage.

(D)

Replacement of old or failing queens.

When swarming occurs, efforts shall be made to collect the swarm, in order to prevent or minimize it especially in urban and suburban settings.

(f)

Enforcement and Remedies.

(1)

Any person who violates this Section shall, upon conviction from a court of competent jurisdiction, or through the administrative hearing process, be subject to a fine from not less than twenty-five dollars ($25.00) to one thousand dollars ($1,000.00).

(2)

Each day on which a violation exists shall be deemed a separate violation.

(3)

The City Manager or his designee is authorized to suspend for not more than thirty (30) days or revoke the license of any such violator for cause, after a hearing on the merits. The hearing shall be recorded and the City Manager shall within five days after such hearing file his written report stating the reason or reasons for his determination. Strict rules of evidence shall not apply and any evidence relevant to the existence or nonexistence of a violation may be heard. Hearsay is admissible if the type commonly relied on by a reasonable and prudent person in the conduct of their affairs. The decision of the City Manager may be appealed to the circuit court, pursuant to Illinois Statutes. In addition the City Manager may authorize the City Attorney to file an action in the appropriate court to enforce the provisions hereof.

(Ord. No. 17-2016, § 2, 8-15-2016; Ord. No. 03-2019, § 2, 3-18-2019)