HomeMy WebLinkAboutORD 2024-065 2022-2024 OJMSY OF H,.Y
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COUNTY OF HAWAII •�• `' _'� • STATE OF HAWAI`I
•
BILL NO. 144
(DRAFT 2)
ORDINANCE NO. 24 65
AN ORDINANCE AMENDING CHAPTER 4 AND CHAPTER 25 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO APIARIES
AND BEEKEEPING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. Bees play a vital role in supporting mankind,
agriculture, and native ecosystems by pollinating food crops. In addition,they provide useful
products, such as honey and wax and queen bees, because Hawai`i's tropical weather, climate,
and diverse plant life provide optimal conditions for year-round breeding of queen bees. Queen
bees are exported to assist with ensuring a more genetically diverse, adaptive and resilient global
bee stock.
The purpose of this ordinance is to promote beekeeping in Hawai`i County by
establishing generally accepted apiary management practices for sound and sustainable
beekeeping practice, and adding apiaries to the list of allowable uses in various zoning districts.
SECTION 2. Chapter 4, article 1, section 4-1-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending the definition of"animals"to read as follows:
'Animals,"unless provided otherwise, include but are not limited to those animals that are
customary and usual pets such as dogs, cats,rabbits, birds, [honey bees] and other beasts which
are maintained on the premises of a dwelling unit and kept by the resident of a dwelling unit
solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for
legal sporting activities and for guarding of property. Animals shall also include honey bees and
exclude aviary game birds and fish as defined in Hawai`i Revised Statutes."
SECTION 3. Chapter 4 of the Hawai`i County Code 1983 (2016 Edition, as amended), is
amended by adding a new article to read as follows:
"Article 5. Management of Apiaries and Beekeeping.
Section 4-5-1. Findings and purpose.
The council recognizes the critical role bees play in agriculture, pollinating food crops and
furnishing useful agricultural products, such as honey, wax, and queen bees. The purpose of this
article is to safeguard and promote this agricultural activity by identifying generally accepted
apiary management practices for beekeeping. Adherence to these practices will promote healthy
apiaries, prevent undesirable bee behavior, mitigate infestations of apiary pests, and deter hive
abandonment. Further, through this article, it is the council's intention to establish that chapter
165, Hawai`i Revised Statutes, the Hawai`i right to farm act, applies to apiaries and individuals
involved in the production of apiary products, where applicable.
Section 4-5-2. Scope.
This article establishes generally accepted apiary management practices for beekeeping
within zoning districts in the County that permit apiaries.Nothing in this article is intended to
conflict with any State or Federal law.
Section 4-5-3. Definitions.
As used in this article,unless it is apparent from the context that a different meaning is
intended:
"Africanized honeybee"means all life stages of the animal subspecies Apis mellifera
scutellata or Apis mellifera adanosii.
"Apiary"means a site where one or more colonies of bees and beehives are kept and
maintained.
"Bee" or"honeybee"means all life stages of the common domesticated honeybee
European subspecies Apis Mellifera. This definition does not include wasps, hornets, African
subspecies, or Africanized hybrids.
"Beekeeper"means a person who intentionally owns, operates, maintains, possesses or
otherwise is in charge of an apiary.
"Colony"means an aggregate of bees consisting principally of workers,but having, when
perfect, one queen and at times drones, brood, combs, and honey.
"Disease"means any condition adversely affecting bees or their brood, which may become
epidemic including without limitation, bacteria, viruses or invertebrate pests.
"Flyover barrier"means a solid wall, fence, or dense vegetation, or combination thereof,
that encourages honeybees to fly over rather than through the barrier.
"Hive"means a container or receptacle housing a bee colony and includes moveable frame
structures to facilitate the colony's development.
Section 4-5-4. Generally accepted apiary management practices.
(a) Beekeepers shall,to the best of their ability,maintain a healthy colony of bees by adhering
to generally accepted apiary management practices as set forth in this section.
(b) These generally accepted apiary management practices encompass,but are not limited to,
the following:
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(1) Beekeepers regularly inspect their apiary and implement suitable measures to prevent
and mitigate potential nuisance activities, ensuring both the health and well-being of
the apiary and public health and safety;
(2) Maintain colonies in hives with removable frames,that are kept in sound and usable
condition;
(3) Maintain an adequate and accessible supply of fresh water on-site, including landing
sites for the honeybees to drink from;
(4) Protect hives from bright lights at night;
(5) Proactively manage colonies to prevent swarming;
(6) Ensure effective sanitation practices to prevent disease and robbing,mitigate pests
such as small hive beetles, wax moths, and varroa mites, and bolster overall hive
health;
(7) Thoroughly clean reused hives and beekeeping equipment to remove hive products
such as old comb and honey, and properly store hives to prevent robbing or pest
invasion;
(8) Support year-round bee activity by planting non-invasive seasonal flowers and
species suitable to the regional climate;
(9) Practice fire safety when using a bee smoker, and ensure the smoker is completely
extinguished following use;
(10) Requeen hives and colonies if aggressive behavior is observed;
(11) Be considerate of neighbors by placing hive boxes as far away as feasible from
neighboring properties with dwelling units; and
(12) Respond to concerns, complaints, and other issues from neighbors in a manner that
seeks to find mutually agreeable resolutions and avoid further potential conflict.
(c) Novice beekeepers should consult with the department of research and development, State
department of agriculture, and other entities possessing expertise and experience in apiary
management to establish and sustain safe, healthy, and productive hive operations.
Section 4-5-5. Nuisance.
(a) Nuisance complaints, such as aggressive bee behavior or other activity that disrupts or
impedes public health and safety, shall be filed with the vector control division of the State
department of health.
f b) Detection of Africanized honeybees shall be reported to the State department of
agriculture."
SECTION 4. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by amending the definition of"livestock"to read as
follows:
'Livestock"means all animals generally associated with farming, which are raised or kept
for food and other agricultural purposes. Such animals [include horses, cattle, goats, sheep,
chickens, ducks, geese and other poultry and swine.] include: swine; cattle; horses; goats; sheep;
chickens, ducks, geese, turkey, and other poultry; rabbits; and bees."
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SECTION 5. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by adding the following definition to be appropriately
inserted and to read as follows:
'Apiary"means a site where one or more colonies of bees and beehives are kept and that
are maintained in accordance with generally accepted apiary management practices pursuant to
section 4-5-4 of this Code."
SECTION 6. Chapter 25, article 4, division 4, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by adding a new section to be appropriately inserted and to
read as follows:
"Section 25-4- . Apiaries.
Apiaries shall be limited to no more than fifteen honeybee hives on lots less than twenty
thousand square feet. The director may grant an exemption for lots less than twenty thousand
square feet with more than fifteen honeybee hives. Apiaries shall be located at least twenty-five
feet from any property line. Exception: apiaries situated behind a flyover barrier must maintain a
distance of at least fifteen feet from any property line. Flyover barrier shall have the same
meaning as defined in section 4-5-3 of this Code."
SECTION 7. The following provisions of the Hawai`i County Code 1983 (2016 Edition,
as amended):
Chapter 25, article 5, division 1, section 25-5-3, subsection (a), (relating to RS, single-
family residential districts);
Chapter 25, article 5, division 2, section 25-5-22, subsection(a), (relating to RD, double-
family residential districts);
Chapter 25, article 5, division 3, section 25-5-32, subsection(a), (relating to RM,multiple-
family residential districts);
Chapter 25, article 5, division 4, section 25-5-42, subsection (a), (relating to RCX,
residential-commercial mixed use districts);
Chapter 25, article 5, division 5, section 25-5-52, subsection(a), (relating to RA, residential
and agricultural districts);
Chapter 25, article 5, division 6, section 25-5-62, subsection(a), (relating to FA, family
agricultural districts);
Chapter 25, article 5, division 7, section 25-5-72, subsection (a), (relating to A, agricultural
districts);
Chapter 25, article 5, division 8, section 25-5-82, subsection (a), (relating to IA, intensive
agricultural districts);
Chapter 25, article 5, division 9, section 25-5-92 subsection (a), (relating to V, resort-hotel
districts);
Chapter 25, article 5, division 10, section 25-5-102, subsection (a), (relating to CN,
neighborhood commercial districts);
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Chapter 25, article 5, division 11, section 25-5-112, subsection (a), (relating to CG, general
commercial districts);
Chapter 25, article 5, division 12, section 25-5-122, subsection(a), (relating to CV, village
commercial districts);
Chapter 25, article 5, division 13, section 25-5-132, subsection (a), (relating to MCX,
industrial-commercial mixed districts);
Chapter 25, article 5, division 14, section 25-5-142, subsection (a), (relating to ML, limited
industrial districts);
Chapter 25, article 5, division 15, section 25-5-152, subsection (a), (relating to MG, general
industrial districts);
Chapter 25, article 5, division 16, section 25-5-162, subsection (a), (relating to 0, open
districts); and
Chapter 25, article 7, division 2, section 25-7-22, subsection(a), (relating to CDH,
downtown Hilo commercial district),
are amended by adding a new use to be appropriately inserted, numbered, and to read as follows:
"( ) Apiaries."
SECTION 8. Chapter 25, article 5, division 7, section 25-5-72, subsection (a), Hawaii
County Code 1983 (2016 Edition, as amended), is amended by amending paragraph(17),
relating to livestock production, to read as follows:
"(17) Livestock production, provided that piggeries[, apiaries,] and pen feeding of
livestock shall only be located on sites approved by the State department of health
and the director, and must be located no closer than one thousand feet away from
any major public street or from any other zoning district."
SECTION 9. Chapter 25, article 5, division 8, section 25-5-82, subsection(a) of the
Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending paragraph (9),
relating to livestock production, to read as follows:
"(9) Livestock production, provided that piggeries[, apiaries,] and pen feeding of
livestock shall not be closer than one thousand feet away from any major road or to
any district other than the A district on building sites approved by the State
department of health and the director."
SECTION 10. Material to be repealed is bracketed and stricken. In printing this
ordinance, the list of permitted uses contained in subsections 25-5-3(a), 25-5-22(a), 25-5-32(a),
25-5-42(a), 25-5-52(a), 25-5-62(a), 25-5-72(a), 25-5-82(a), 25-5-92(a), 25-5-102(a), 25-5-112(a),
25-5-122(a), 25-5-132(a), 25-5-142(a), 25-5-152(a), 25-5-162(a), and 25-7-22(a) may be
reordered and renumbered as appropriate.
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SECTION 11. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 12. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 13. This ordinance shall take effect upon its approval.
INTRODUCED BY:
JV
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: August 21, 2024
Date of 1st Reading: August 21, 2024
Date of 2nd Reading: September 4, 2024
Effective Date: September 20, 2024
REFERENCE Comm. 786.43
6
OFFICE OF THE COUNTY CLERK C
County of Hawai`i
Hilo, Hawai`i 20711 SEP 2 0 PH 12: 2 LI
(Draft 2)
Introduced By: Ashley L. Kierkiewicz ROLL CALL VOTE
Date Introduced: August 21, 2024 AYES NOES ABS EX
First Reading: August 21, 2024
Evans X
Published: August 30, 2024 Galimba X
Inaba X
REMARKS. Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
Second Reading: September 4, 2024 8 0 1 0
To Mayor: September 11, 2024
Returned: September 20, 2024 ROLL CALL VOTE
Effective: September 20, 2024
Published: October 11, 2024 AYES NOES ABS EX
Evans X
REMARKS': Galimba X
Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
J(
OUNCIL CHAIRPERSON
prove isapproved this0.(311-1
day
of e r at 6eAr , 20 2' 1 . COUNTY CLERK
. � 144 (Draft 2)
Bill No.:
MAYOR, COUNTY OFHAWAI` . C-786 .43/PCHSW-15
Reference:
Ord No.: 24 65