§ 6:664. Fencing of flyways, distance from unhabited dwelling.

(a)

In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary. It is a defense against prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract.

(b)

Notwithstanding the provisions of subsection (a) above, in no instance shall a colony be situated within twenty-five (25) feet of an unhabited dwelling on adjoining property.

(Ord. No. 9449, § 1, 6-24-92)