HomeMy WebLinkAbout683_Amend Part 4 Ch 1, 4-118A III_Keeping of Bees within City LimitsTulsa County Clerk - EARLENE WILSON
Doc# 01099466 Pgs 2 B/P 6590/0820 -0821
Receipt # 533790 08/31/01 15:48:49
Fee15.00 000533790009
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 683
AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER 1,
ANIMAL REGULATIONS, ARTICLE A, GENERAL PROVISIONS,
SECTION 4 -118, WILD AND EXOTIC ANIMALS, PROHIBITION ON
KEEPING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING SAME BY PROVIDING EXCEPTIONS TO
SECTION 4 -118A III TO PROVIDE FOR THE KEEPING OF DOMESTIC
HONEYBEES UNDER CERTAIN DELINEATED CIRCUMSTANCES AND
DELETING SECTION 4-118H BEE HIVES PROHIBITED, DECLARING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, TO -WIT:
Section One: That Part 4 - Animals, Chapter 1 Animal Regulations, Article A General
Provisions, Section 4 -118 Wild and Exotic Animals, Prohibition on Keeping, Subsection A III of
the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to provide as
follows, to -wit:
Any species of animals which is venomous to human beings whether its venom is
transmitted by bite, sting, touch or other means - to include the keeping of bees whether for
commercial purposes or hobby, except domestic honeybees under the circumstances hereinafter
provided, to -wit:
1. No more than two (2) hives shall be maintained for each 1/4 acre or less of lot size on
any lot;
2. No hives shall be maintained within twenty (20) feet of any lot line of the lot on which
said hive is located;
3. Between each hive and the neighboring lot in the direction of the hive entrance, the
hive owner shall maintain a hedge or a screening fence that is at least six (6) feet in
height, to be located within twenty (20) feet of such lot line, and to extend the entire
length of such lot line;
4. A supply of clean water must be furnished within twenty (20) feet of each hive at all
times between March 1 and October 31 of each year;
5. Hive owner shall inspect each hive not less than four (4) times between March 1 and
October 31 of each year. A written record, including the date of each such inspection,
shall be maintained by the owner and shall be made available to the Chief of Police of
the City of Owasso, Oklahoma upon request;
6. The hive owner shall provide written notification to the City Clerk and Chief of Police
of the City of Owasso, Oklahoma as to the existence of the hive, as well as certify as to
notification of adjoining property owners of the existence of the hive. Hive owner shall
place written notification on the property in a conspicuous place so as to inform the
public of the existence of the bee hive.
Section Two: That Part 4 - Animals, Chapter 1 Animal Regulations, Article A General
Provisions, Section 4 -118 Wild and Exotic Animals, Prohibition on Keeping, Subsection H Bee
Hives Prohibited of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby deleted.
Section Three: The provisions of this ordinance shall become effective thirty (30) days
from the date of first publication as provided by law
PASSED AND APPROVED this 2150 day of August, 2001.
perry CITY OF OWASSO, OKLAHOMA
Barnhouse,
City
AS TO FORM:
D Cates, City Attorney
2780 -493 ANIMAL ORDINANCE PAGE 2
to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the following dates:
Aaacrust 30,th 12001
Subscribed and sworn to before one this 31st
My Commission expil
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, August 30, 2001.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 683
AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAP-
TER 1, ANIMAL REGULATIONS, ARTICLE A, GENERAL
PROVISIONS, SECTION 4-118, WILD AND EXOTIC ANI-
MALS, PROHIBITION ON KEEPING, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY PROVIDING EXCEPTIONS TO SEC-
TION 4 -118A III TO PROVIDE FOR THE KEEPING OF
DOMESTIC HONEYBEES UNDER CERTAIN DELINEATED
CIRCUMSTANCES AND DELETING SECTION 4 -118H BEE
HIVES PROHIBITED, DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TO -WIT:
Section One: That Part 4 - Animals, Chapter 1 Animal Regula-
tions, Article A General Provisions, Section 4 -118 Wild and Exotic
Animals, Prohibition on Keeping, Subsection A III of the Code of
Ordinances of the City of Owasso, Oklahoma, is hereby amended
to provide as follows, to -wit:
Any species of animals which is venomous to human beings
whether its venom is transmitted by bite, sting, touch or other
means - to include the keeping of bees whether for commercial
purposes or hobby, except domestic honeybees under the circum-
stances hereinafter provided, to -wit:
1. No more than two (2) hives shall be maintained for each 1/4
acre or less of lot size on any lot;
2. No hives hives shall be maintained within twenty (20) feet of
any lot line of the lot on which said hive is located;
3. Between each hive and the neighboring lot in the direction of
the hive entrance, the hive owner owner shall maintain a hedge or
a screening fence that is at least six (6) feet in height, to be locat-
ed, within twenty (20) feet of such lot line, and to extend the entire
length of such lot line;
4. A supply of clean water must be furnished within twenty (20)
feet of each hive at all times between March 1 and October 31 of
each year;
5. Hive owner shall inspect each hive not less than four (4) times
between March 1 and October 31 of each year. A written record,
included the date of each such inspection, shall be maintained by
the owner and shall be made available to the Chief of Police of the
City of Owasso, Oklahoma upon request;
6. The hive owner shall provide written notification to the City
Clerk and Chief of Police of the City of Owasso, Oklahoma as to
the existence of the hive, as well as certify as to notification of
adjoining property owners of the existence of the hive. Hive owner
shall place written notification on the property in a conspicuous
place so as to inform the public of the existence of the bee hive.
Section Two: That Part 4 - Animals, Chapter 1 Animal Regula-
tions, Article A General Provisions, Section 4 -118 Wild and Exotic
Animals, Prohibition on Keeping, Subsection H Bee Hives prohibit-
ed of the Code of Ordinances of the City of Owasso, Oklahoma, is
hereby deleted.
Section Three: The provisions of this ordinance shall become
effective thirty (30) days from the date of first publication as provid-
ed by law.
PASSED AND APPROVED this 21st day of August, 2001
(SEAL)
/s /Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s /Ronald D Cates
Ronald D Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
BY: /s /Mary Lou Barnhouse
Mary Lou Barnhouse, Mayor
MEMORANDUM
TO: MEMBERS OF THE CITY COUNCIL
CITY OF OWASSO
FROM: MARY LOU BARNHOUSE
MAYOR
SUBJECT: ORDINANCE RELATING TO KEEPING OF WILD AND EXOTIC
ANIMALS WITHIN THE CITY LIMITS - SPECIFICALLY BEES
DATE: July 12, 2001
BACKGROUND:
Section 4 -118 of the Code of Ordinances of the City of Owasso prohibits the keeping of bees
within the city limits. At the special meeting of the City Council on May 8, 2001, Dr Kay
Backues made a brief presentation to the Council relating to beekeeping. Dr Backues, who
resides at 7602 N 123rd East Ave, had been issued a citation for violating the code. Dr Backues
has requested that the Council take action to amend this section of the code to allow the keeping
of bees. This item was again discussed at the Council Work Session of July 10`h
The Council is being requested to either retain the code as it is - prohibiting the keeping of bees
in the city limits of Owasso; or amend the code the allow the keeping of bees.
ATTACHMENTS:
1. Correspondence from Dr Backues
2. Section of Code Relating to Keeping of Bees
7 March 2001
Mr. James Greene, Chief of Police
City of Owasso
207 S. Cedar
Owasso, OK 74055
Dear Mr. Greene;
I am a resident of Owasso, who recently received a citation under City Code
Section 8- 118 -A, for the keeping of 2 beehives on my property in the city limits of
Owasso. I was surprised and disappointed that according to Owasso law this hobby is
illegal. Beekeeping is legal in the City of Tulsa and has been for the last 5 years. There
have been little to no problems in Tulsa since then. The reason there is little problem is
that beekeeping is not a safety threat to citizens as the Owasso law states.
Instead beekeeping is valuable service to agricultural crops, flowers and hobby
vegetable gardens. According to statistics it is estimated that bees provide —13 billion
dollars worth of agricultural benefit to crops in the US annually. Agricultural reward is
just one of the many benefits of beekeeping. One of the side benefits of beekeeping is
the advantage of having trained and equipped "beekeepers" in the community available
to help local government agencies such as the Owasso Police Department with
circumstances such as swarms or bees that have taken up residency in human homes.
Make no mistake that the law does not limit access or protect the citizens of Owasso
from bees. Last year my flower garden alone had hundreds of honeybees and
bumblebees visiting daily. Bees don't read "city limit" signs and are present in Owasso
in great numbers.
Fear of stings and death by an allergic reaction is an inflated fallacy and an
extremely unusual occurrence with honeybees. It is reported that approximately 17
people die of venomous insect stings a year in the US, most of these are actually yellow
jackets, homets or wasps, which are very aggressive in nature and only -- 2 incidents
could be directly related to the gentle, domesticated honeybee. In comparison over one
thousand people in the US die annually from taking aspirin. The "problem" with
honeybees is therefore one of perception and not a real safety threat Many people
unknowingly feel that all insects that buzz and sting are bees and all bees are
honeybees. Fear and ignorance should not be the main premise behind a law
especially in a community as modem and progressive as Owasso. Enclosed please find
a complementary copy of the North Eastern Oklahoma Beekeepers Association monthly
newsletter. This organization boasts over 250 members and promotes responsible
beekeeping in the Green Country Area. I hope the City of Owasso will see the day
where responsible hobby beekeeping is an option for its enlightened citizens.
Sincerely,
Dr. Kay A. Backues
7602 N 123 E Ave
Owasso, OK 74055
274 -9060
-1-
• Register for Basic Beekeeping classes
• Next monthly meeting — October l9, 2000
• Fall Basic Beekeeping class starts October 14th
September 28, 2000
ABOUT NEOBA
Northeast Oklahoma Beekeepers Association is a 250 mem-
ber group of the nicest people you would ever want to be associ-
ated with. Most of them are just "hobby" beekeepers but many of
them have several years of beekeeping behind them. They range in
age from 9 to 90 and have a great diversity of professions and
socio- economic status. We literally have doctor, lawyer and Indian
chief and everyone shares their knowledge and help one another in
many different beekeeping chores.
NEOBA was formed in 1959 -60 and has served the people in
northeast Oklahoma by teaching beekeeping, removing swarms,
bees from structures, knowledge on pollination.
The honeybee is the official state insect as well as one of the
national insects. Honeybees do about 13 Billion dollars worth of
services through pollination each year. It is said bees effect 30%
of everything you eat somehow.
Many fruits and vegetables would produce only about 5% of
their crop without the service of the pollinators— honeybees.
Beekeeping Legal in Tulsa.
NEOBA members
worked with the Tulsa City
Council a few years ago to
make beekeeping legal in
Tulsa.
Of course, like every
thing else there are some
restrictions but they are
only for the beekeepers
best interest.
A resident can
have as many as 4
beehives in his yard
Of 1/4 acre or less of
land.
If taken care
of properly they pre-
sent NO real problem
to your neighbors or to
the public.
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: MARCIA BOUTWELL
CITY CLERK
SUBJECT: "BEE ORDINANCE"
DATE: August 14, 2001
At your regular meeting on July 17th, you approved an amendment to the animal ordinance
relating to the keeping of domestic honeybees within the city limits, and authorized an ordinance.
Attached is Ordinance #683, which sets out the stipulations the City Council placed on the
keeping of domestic honeybees. A summary of the stipulations:
1. No more than 2 hives
2. No hive within 20' of any lot line
3. A 6' screening hedge or fence along the lot line facing the hive entrance
4. Supply of clean water
5. Four inspections between March 1 and October 31 of each year
6. Written notification of the existence of hives to the City Clerk, Police Chief & adjoining
property owners & posted on property.
C
THE HONEYBEE - NECESSITY OR NUISANC . E
The honeybee is not only the official state insect per a resolution passed by the second session
of the 43rd legislature but it is also the official insect of the United States.
Honeybees are a necessity to our existence. They did an estimated $14 BILLION dollars worth
or 80% of all pollination in our nation alone in 1995. _
Many of the fruits and vegetables we enjoy each year would produce as little as 5% of their crop
if it were not for the pollination service of the honeybee.
We need to consider a lot of things when we start making ordinances or laws. There is a limit
to what the public can be reasonably protected from ... there is a point when people must start to take
responsibility for themselves and their actions.
We have statistics of causes of deaths from all reasons. For instance 1278 people died in 1990
from taking aspirin and related medicines for pain and fever. 1374 died from ingestion and inhalation
of food. Yes, these numbers are scary — yet there were only 17 deaths from honey bee stings ... and
many of these from feral or "wild" colonies in trees. They were not necessarily from those little white
boxes in someone's back yard.
In light of all these statistics, why then, is there so much feu by the public about stinging in-
sects. To many people, anything that flies and stings is a honey bee —many people do not know the
difference in a honeybee and a yellow jacket.
I do not, in any way, mean to imply a honeybee sting doesn't hurt but it only hurts for a brief
period of time —very brief. The honey bee stings only one time ... then she dies. A wasp, on the other
hand, can sting repeatedly, as long as she so desires and the pain lasts for days. BELIEVE ME, I
HAVE HAD BOTH!
I don't want to lessen the seriousness of a true allergic reaction. Statistics
show that less than 1% of the population is truly allergic to bee venom. Much of
what people call being allergic to bees is merely a normal systemic reaction. A nui-
sance, yes, and painful but certainly not a life threatening event.
aspirin for pain We must be realistic and look at the positive things honeybees and beekeep.
and fever. 1 ers do for society. We need to be reasonable in weighing the pros and cons of this
issue and in making rules concerning bees and beekeepers in this city.
By allowing the beekeepers to continue to educate the public and new bee-
keepers on the value and care of the honeybee, fear and morbidity can be controlled.
Bee venom is being used now to help control many diseases including multiple scle-
rosis, arthritis and other disabling disorders. The late Charles Mraz, a beekeeper and
spitherapist of Middlebury , VT treated over 1002000 patients with bee venom and never in over 60 years
had a life threatening allergy.
Even among life - threateningly hypersensitive individuals the chances of dying from a honeybee
or any insect sting is less than drowning, burning to death in a fire or many other activities we engage
in every day.
One analysis was made in 1980 which showed the chances of dying in an automobile accident
while in route to the hospital to be treated for an insect sting was greater than the chances of dying
due to the sting itself.
Trying to enforce ordinances of "outlawing" honeybees inside the city limits (cunt. on page 3)
NEIGHBOR GUIDELINES ARE IMPORTANT
Being a beekeeper in the new century de- to avoid stage
mands a good deal of public relations. With a lit - ing. A faucet dri on and mosquito breed -
tle understanding of bee biology. Pmg on a pan of gravel
chology and public relations, bees be kept p sin A boards makes an ideal watering place.
an urban setting without endangering neighbors. other small fish Pad with a water fall is an_
Here are a few suggestions to avoid potential yard and place. It adds beauty to your
problems having bees in a populated area. gives an excellent place to
Place colonies away from lot lines and oc_ watch bees gather water.
cupied building. If near building locate colonies flows, Work the bees during nectar
away from the entrances frequently used or in or s Possible, keep exposed honey
line of foot traffic water to a minimum, Use en-
Erect a barricade between trance reducers a as.
bees from other are prevent attracting
the bees and the lot lines. Use
Bees ran beanything the bees will not ass swan Manage Your hives to prevent
bees are
through - dense shrubs, solid most gentle dig that time the
wilhout fencing even chain link fence, cause undue alarm to neigh Y may
endongerin, Eli etc.. An alternate solution ma
to y be not honeybee literate. neighbors who are bees on a roof or bal-
cony. Requeen overdefensive colonies.
Provide a water source. Aeon- Share a jar of your honey with your
tainer of water placed in the area of the bee neighbors. Talk to the neighbors about
hive with wood floats to prevent bees from the bees and perhaps
drowning Water should be changed their feat P they will get over
g periodically and become a beekeeper too.
Cont. from pogo Z THE HONEYBEE—NECESSITY Olt NUISANCE
is just about as ludicrous as the make it a part of Kansas or of many tother tthslinmre thse ending tune on whether to annex
Northeast Oklahoma Beekeepers Association tskt a ping beekeepers to Properly pan of 011ahoma and
do not present a safety problem to their neighbors. eighbors. We cant control the feral coloni all ��e. bees so they
Bees cannot read — the), do not know where the city to house feral colonies. Would it not be better to have them
keepers are allowed to have beehive within a reasonable tea of Proper];
home so e they t n unused budding
properly housed and tended? g w� continue
will continue to be available to remove sw If the hobby bee -
The police and fired arms from your shrubs and that knot hoe in the y their yo hobby, they not nators usually won't touch honeybees so it is up to a beekeeper in most dnth maces to come a our re
Beekeeping is a fascinating hobby for most of the y teamed to do so. EYtermi-
they provide for your flowers and fruit trees. area beekeepers plus to Y scue.
get all that free pollination
Through proper education by the beekeepers to the public, bees do not and will not present any safety
or health hazard. They carry no disease to pass on to humans.
VISIT AN NEOBA MEETING OR THE
BRARY OSU EXTENSION CENTER LENDING LI-
Animals
every rabies suspected animal, and every animal, the keeping or harboring of which is declared to be an
offense. (Prior Code, Sec. 3 -28; Ord. No. 532, 12/3/96)
TION 4 -118 WILD AND EXOTIC ANIMALS: PROHIBITION ON KEEPING A. It shall be unlawful £or any person to keep, harbor, maintain or have in his/her possession or
his/her control within the City (except reptiles which are defined in Section D), any poisonous
or other wild animal, insect, or other exotic animal not generally recognized to be domesticated or
because of size, vicious nature or any other characteristic, presents a danger to human beings, and
shall include but not limited to:
The following member of the Class Mammalia:
(a). Order Carnivora,
Family Felidae - cougars, lions, panthers, tigers, jaguars, leopards, ocelots, and
margays except commonly accepted domesticated cats;
Family Ursidae - bears;
Family Canidae - wolves, coyotes, jackals, dingos, foxes, and the African wild
dog, to include any canine hybrid mix, to include but not limited to wolf, coyote or
dingo mix hybrid;
Family Mustelidae - weasels, martins, minks, badgers, and skunks;
Family Procyonodae - raccoon;
(b). Order Chiroptera - bats
(c). Order Edentata - sloths, anteaters and armadillos;
(d). Order marsupialia - kangaroos and common opossums;
(e). Order Proboscidea - elephants;
(1). Order Primata - monkeys, chimpanzees and gorillas;
(g). Order Rodentia - beaver, muskrat and porcupines;
(h). Order Ungulata - antelope, deer, bison, camels;
2. The following members of the Class Aves:
(a). Order Falconiforms - hawks, eagles, falcons and vultures which are not kept
pursuant to federal or state permits;
(b). Subdivision Ratitae - ostriches, rheas, cassowaries and emus;
3. Any species of animal which is venomous to human beings whether its venom is
transmitted by bite, sting, touch or other means - to include the keeping of bees whether for commercial
purpose or hobby;
4. Any species of animal when kept, maintained or harbored in such numbers of in such
manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the
property of human beings.
B. The provisions of section A shall not apply to menageries, zoological gardens, exotic animal
shows or sales, and circuses, if:
Their location conforms to the provisions of the zoning ordinance of the City.
2. All animals and animal quarters are kept in a clean and sanitary conditions and so
maintained as to eliminate objectionable odors;
3. Animals are maintained in quarters so constructed as to prevent their escape; and, if
and in the event of escape, the owner or custodian of such animal immediately notifies the animal control
officer.
Page 4 -13
Animals
2. The Alligators, Caimans and Crocodiles - Order Crochodylia.
3. The Lizards - Order Squamata; suborder Ophidia-
Family Elapidae - Cobras;
Family Hydrophiidae - sea snakes;
Family Viperidae - vipers;
Family Crotalidae - pit vipers;
Family Colubridae, sub family Disadomorphinae, rear fang snakes and the specific
species: Dispholidus typus, the Boomslang; Thelotornis Kirklandi, African bird eating snake;
Boiga dendrophilia, the Mangrove snake.
E. Habitat
Recognizing that reptiles differ from other animals in handling techniques, the sections listed below
must be followed to allow anyone to possess and/or house reptiles in the city.
1. All reptiles held as pets or specimens in the city of Owasso must be contained within
secure habitats capable of preventing escape.
F. Transport and Handling
Reptiles being transported in Owasso will be secured within escape proof containers.
2. Acceptable reptiles may be handled openly if the handler is demonstrating the reptile
for sale within a retail business establishment approved for sale of such reptiles.
3. Reptiles shall not be handled openly in public places, e.g. parks, schools, shopping
areas, etc.
4. Prior approval and notification of the animal control officer must be made before
conducting any educational programs utilizing reptiles within the Owasso City Limits.
G. Release of Reptiles
1. Reptiles not indigenous to the state of Oklahoma, shall not be released or abandoned by
their owners and/or their handlers in the city of Owasso.
2. Any species of reptile not indigenous to the state of Oklahoma which may be secured
by, or forfeited to, Animal Control shall be turned over to a zoo or a reptile rescue organization for proper
disposition, or if necessary may be destroyed if deemed proper by Animal Control.
3. Species indigenous to the state of Oklahoma which are secured by Animal Control may
be released to the wild as Animal Control deems proper.
L I Hives Prohibited
Bee hives or the keeping of bees is prohibited within the Owasso City Limits.
I. Penalties
Unless otherwise provided, every person violating any of the provisions of this title shall be guilty
of an offense and upon conviction shall be punished by a fine not to exceed $200.00 and/or ten (10) days
in jail. (Ord. No. 532, 12/3/96)
Page 4 -15