Ordinance 2014-34 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-34
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,ALLOWING THE KEEPING OF HONEYBEES IN ONE-AND TWO-
FAMILY RESIDENCE AND BUSINESS DISTRICTS SUBJECT TO CERTAIN
REGULATIONS AS PERMITTED ACCESSORY USES
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 12"'day of August, 2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on September 12,2014.
Ordinance No. 2014-3q
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,ALLOWING THE KEEPING OF HONEYBEES IN ONE-AND TWO-
FAMILY RESIDENCE AND BUSINESS DISTRICTS SUBJECT TO CERTAIN
REGULATIONS AS PERMITTED ACCESSORY USES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, honeybees are of benefit to mankind by providing agricultural, fruit, and
garden pollination services, and by furnishing honey, wax and other useful products; and,
WHEREAS, pursuant to sections 11-5-3, 11-5-6, and 11-20-9 of the Illinois Municipal
Code, as amended, (65 ILCS 5/11-5-3, 5/11-5-6, and 5/11-20-9) the Village has the power and
authority to regulate the licensing, treatment and prevention of nuisances regarding animals in
the City.
WHEREAS, the Mayor and City Council deem it necessary to allow and regulate
honeybees in order to promote the health, safety, and welfare of the City's residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Title 8 of the United City of Yorkville Code of Ordinances is hereby
amended by adding Chapter 18 to read as follows:
CHAPTER 18
BEEKEEPING
8-18-1: Definitions
As used in this chapter, the following words and terms shall have the meanings ascribed in this
section unless the context of their usage clearly indicates another meaning:
A. Apiary means the assembly of one (1) or more colonies of bees at a single location.
B. Beekeeper means a person who owns or has charge of one (1) or more colonies of bees.
C. Beekeeping equipment means anything that is used in the operation of an apiary, such as
hive bodies, supers, frames, tops and bottom boards, and extractors.
D. Colony or hive means an aggregate of bees consisting principally of workers, but having,
when perfect, one (1) queen and at times many drones; including brood, combs, honey,
and the receptacle inhabited by the bees.
Ordinance No.2014-3q
Page 2
E. Honey bee means all life stages of the common domestic honeybee, Apis mellifera
species.
F. Tract means a contiguous parcel of land under common ownership.
8-18-2: Certain conduct declared unlawful.
A. The keeping by any person of honeybee colonies in the City is prohibited except in
compliance with this Chapter or upon any property zoned for agricultural uses.
B. The purpose of this article is to establish certain requirements of sound beekeeping
practices, which are intended to avoid problems that may otherwise be associated with
the keeping of bees in populated areas.
C. Notwithstanding compliance with the various requirements of this Chapter, it shall be
unlawful for any beekeeper to keep any colony or colonies in such a manner or of such
disposition as to cause any unhealthy condition, interfere with the normal enjoyment of
human or animal life of others, or interfere with the normal use and enjoyment of any
public property or property of others.
8-18-2: Annual Licensing
A. Beekeeping shall be allowed as a permitted accessory use on any Estate, One-Family or
Two-Family Residence District or Business District zoned property pursuant to this
Chapter. Beekeepers shall apply within 90 days for a City beekeeping license upon
bringing any new colony into the City. For bee colonies existing within the City prior to
the effective date of this Section,beekeepers shall have thirty (30) days from the date this
Section goes into effect to apply for a City beekeeping license. Applications shall be
submitted to the Community Development Director or his/her designee. At the time of
application for a City beekeeping license, the applicant shall:
1. Submit proof of application for registration of the colonies with the State of
Illinois Department of Agriculture with registration provided within 90 days of
permit approval; and
2. Be in compliance with the other requirements of the Illinois Bees and Apiaries
Act (5 10 ILCS 20/1 et seq.) and this Section; and
3. Pay a fifty dollar($50.00) nonrefundable application fee.
4. Provide courtesy notices of his plan to keep bees to any property owner with land
abutting the yard in which the hives will be located. The beekeeper should be
prepared to provide information and resources to neighbors to help educate and
alleviate any fears.
B. The City shall issue a total of twelve (12) licenses within the City for beekeeping.
C. No license shall be issued no closer than 1,000 feet of any existing license.
D. The City beekeeping license shall be renewed each year by submitting a renewal
application to the Community Development Director or his/her designee no more than
two (2) weeks prior to the one year anniversary date of the then current City beekeeping
Ordinance No.2014-�
Page 3
license. At the time of applying for a renewal City beekeeping license, the applicant shall
submit the same documents except courtesy notices, comply with the same requirements,
and pay a twenty five dollar($25.00) fee.
8-18-3: Hive type.
All honeybee colonies shall be kept in Langstroth type hives with removable frames, which shall
be kept in sound and usable condition.
8-18-4: Fencing of flyways, distance from property lines.
A. In each instance in which any colony is situated within thirty(30) 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 thirty (30) 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 thirty(30) feet of a dwelling on adjoining property.
8-18-5: 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,birdbaths, or other water sources where they may cause human, bird, or domestic pet
contact.
8-18-6: 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 beeproof
enclosure.
8-18-7: Queens.
All colonies shall be maintained with marked queens except commercial colonies on
agriculturally zoned property. In any instance in which a colony exhibits unusually aggressive
characteristics by stinging or attempting to sting without due provocation or exhibits an unusual
disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the
Ordinance No. 2014--39
Page 4
colony with another marked queen. Queens shall be selected from European stock bred for
gentleness and nonswarming characteristics.
8-18-8: 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:
A. One acre or less—no more than two (2) colonies.
B. More than one acre—no more than eight (8) colonies.
C. No hives are permitted on any part of the front yard or side yard including corner side
yards.
For each two (2) colonies there may be maintained upon the same tract one (1) nucleus colony in
a hive structure not exceeding one (1) standard 9 5/8-inch (9.625") depth 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 required.
8-18-9: Marking hives,presumption of beekeeping.
A. A small sign to announce "Bees on Premise" shall be posted at walkways or gates
entrances to the rear yard of the tract to warn visitors to the property of the presence of
bees. This sign shall not exceed two (2) square feet.
B. It shall be presumed for purposes of this Chapter that the beekeeper is the person or
persons who own or otherwise have the present right of possession and control of the
tract upon which a hive or hives are situated. The presumption may be rebutted by a
written agreement authorizing another person to maintain the colony or colonies upon the
tract setting forth the name, address, and telephone number of the other person who is
acting as the beekeeper.
8-18-10: Inspection.
The Community Development Director or designees shall have the right to inspect any
apiary between the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall
be given to the beekeeper if he resides at the apiary or if his name is marked on the hives.
8-18-11: Compliance.
Upon receipt of information that any colony situated within the City is not being kept in
compliance with this article, the Community Development Director or designee shall
cause an investigation to be conducted. If grounds are found to exist to believe that one
or more violations have occurred notices of violation for administrative adjudication
Ordinance No. 2014-�
Page 5
pursuant to Chapter 14 of Title 1 may be issued or a complaint filed in the circuit court of
Kendall County.
Section 2: This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
lot day of -4UC-),fsi , 2014.
CITY CLERK
ROSE ANN SPEARS rA DIANE TEELING /
KEN KOCH JACKIE MILSCHEWSKI
CARLO COLOSIMO rl JOEL FRIEDERS
CHRISTOPHER FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of Au6u,5r , 2014.
'N.", J-,W
M R
Ordinance No. 2014- 3q
Page 6