§ 7-01-020. Keeping restrictions.
(a)
Except as otherwise provided in this section, it is unlawful to keep any livestock, poultry, or exotic animals in the city.
(b)
Subsection (a) shall not apply to:
(1)
The keeping of Vietnamese miniature potbelly pigs or pygmy goats weighing fifty (50) pounds or less or poultry, or the operation of pet stores, veterinary offices or hospitals, commercial kennels, or livestock in zoning districts where the use or keeping is specifically permitted.
(2)
Public zoos, or carnivals and circuses licensed as such.
(3)
Fairs, petting zoos or other special events lasting less than two (2) weeks.
(4)
The keeping of any animal at an approved research institution.
(c)
Vicious animals. It is unlawful for any person to keep or harbor any vicious animal. Any person attacked by a vicious animal may use reasonable force to repel the attack. After a judicial determination that an animal is vicious, the owner or keeper of such vicious animal shall destroy it humanely or release such animal to the animal control center for destruction.
(d)
Restrictions on the keeping of bees. Except as otherwise provided in this article, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep bees on any lot or parcel of land keep within the city. The authorized keeping of bees, and associated beehives, shall be governed by the following regulations.
(1)
General regulations.
a.
Apiary registration. No person may own or maintain an apiary within the city without first registering all apiaries with the city. Registration shall be made in writing and upon such form or in such format as established by the city, and shall be accompanied by the prescribed registration fee in the amount established from time to time by resolution of the city commission. Non-property owners that wish to own or maintain an apiary on property that the non-property owner is renting, or otherwise occupying with the permission of the property owner, must include written permission from the property owner or landlord that explicitly indicates that the non-property owner has permission to own or maintain an apiary on the subject property. Such written permission shall be supplied to the city as part of the apiary registration.
b.
Hive type. No beekeeper shall keep or maintain bees in any hive other than a modern movable frame hive which permits thorough examination of every comb.
c.
Fencing of flyways. 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.
d.
Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact.
e.
General maintenance. Each beekeeper 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.
f.
Queens. All colonies shall be maintained with marked queens. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re-queen the colony with another marked queen. Queens shall be selected from European stock bred for gentleness and nonswarming characteristics.
g.
Prohibitions. No Africanized bees may be kept on a property under the regulations of this section unless kept for the purpose of propagating beneficial bees.
h.
Marking hives. The beekeeper shall conspicuously post a sign setting forth his name and telephone number.
i.
Application to code enforcement. Anyone proposing to keep bees on a property in the city or to expand such use shall apply for approval from the code enforcement department, which shall determine if the application is in compliance with regulations regarding permitted placement of beehives, flyway barriers, and other structures used in the keeping of bees and whether the property is occupied by a condemned building.
(2)
In residential districts. In residential districts, the following regulations shall apply.
a.
Notification required. Any person proposing to keep an apiary on any property located in the city, or to expand any such use, shall first provide, by mail or personal delivery, written notice to the owner of all adjoining lots or parcels of land prior to registering the apiary as required by section 7-01-020(c)(1)A of this article and shall certify the same to the city at the time of registration.
b.
Colony densities. It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size or configuration of the tract on which the apiary is situated:
1.
Less than two thousand four hundred (2,400) square feet in area—no colonies.
2.
One-quarter (¼) acre or less tract size—two (2) colonies.
3.
More than one-quarter (¼) acre but less than one-half (½) acre tract size—four (4) colonies.
4.
More than one-half (½) acre but less than one (1) acre tract size—six (6) colonies.
5.
One (1) acre or larger tract size—eight (8) colonies.
6.
Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies.
For each two (2) colonies authorized under this section, colony densities there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) ten-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 is acquired.
c.
Location and setbacks. No beehive shall be kept closer than five (5) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive.
d.
Lots without a primary residence. Notwithstanding the provisions of chapter 29 of the Alamogordo Code of Ordinances regarding accessory uses, bee keeping is a permitted accessory use and may be kept on a lot that is vacant or has no occupied residence.
e.
Written permission; revocation.
1.
Written permission required by section 7-01-020(c)(1)a is revoked under any of the following circumstances:
i.
The occupant who has given written permission gives up legal possession of the residence or property.
ii.
The owner of property who has given written permission transfers or is otherwise divested of all interest in the property.
iii.
The owner or occupant of property who has given written permission files a signed revocation of written permission with the code enforcement department.
(3)
In non-residential districts. In zoning districts other than residential districts, all regulations applicable in residential districts shall apply except that the number of beehives shall be limited to one (1) for each one thousand (1,000) square feet of lot area unless the nonresidentially zoned lot is located within two hundred (200) feet from any residentially zoned lot in which case the density restrictions for residential districts shall apply.
(e)
Variances. The board of appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this section.
(Ord. No. 682, § 2, 8-14-84; Ord. No. 933, § 3, 12-12-94; Ord. No. 1180, § 2, 12-9-03; Ord. No. 1447, § 2, 10-22-13; Ord. No. 1493 , art. 2, 4-14-15)