§ 21-30.3. Honeybee hives or colonies.  


Latest version.
  • (a)

    Placement and maintenance of hives or colonies. Honeybee hives shall only be placed and maintained in accordance with the provisions of Chapter 33 of the Code of Miami-Dade County, Florida.

    (b)

    Identification. Every honeybee owner or keeper shall cause to be placed at every apiary location an identification sign specifying the owner's or keeper's name, address and telephone number. It shall be unlawful for any person to remove, deface or destroy such identification sign.

    (c)

    Consent of property owner. It shall be unlawful to place or maintain honeybee hives or colonies on any public or private land without the consent of the landowner. Where hives or colonies have been placed on land without the landowner's consent, the Miami-Dade Police Department or other authorized agent designated by the County Manager ("authorized agent") may, upon receipt of written authorization from the landowner, impound the hives or colonies in accordance with the procedures set forth in subsection (d).

    (d)

    Impoundment; redemption; auction.

    (1)

    Any honeybee hive or colony found in violation of this section or of Chapter 33 may be impounded by the Miami-Dade Police Department or authorized agent in accordance with the procedures set forth herein. Impoundment shall be at a site designated by the Miami-Dade Police Department or other agent.

    (2)

    Fifteen (15) days prior to the impoundment of the honeybee hives or colonies, the Miami-Dade Police Department or other authorized agent shall post on the honeybee hives or colonies a notice to the honeybee owner or keeper at the address identified on the hive or colony. The notice of intent to impound shall identify the alleged violation of this section or of provisions of Chapter 33 relating to honeybees. The owner or keeper may, within fifteen (15) days, correct the violation or make written request to the County Manager for a hearing before him or his designee to show that the violation alleged in the notice does not exist. Where a request for hearing is received, further enforcement action pursuant to this section shall be stayed pending resolution of the hearing.

    (3)

    Voluntary removal of hives or colonies and replacement of same on another site which is likewise unlawful shall not constitute compliance with this section but shall be deemed a continuing violation.

    (4)

    Prior to impoundment, the Miami-Dade Police Department or other authorized agent shall attempt to secure the written consent of the landowner on whose land the hives or colonies have been placed to go on the land and remove the hives or colonies. Where the landowner's consent has not or can not be obtained, the Miami-Dade Police Department or other authorized agent may attempt to obtain a search warrant pursuant to Chapter 933, Florida Statutes, or other applicable provision of State law.

    (5)

    Any hive or colony impounded pursuant to this section shall be held by the Miami-Dade Police Department or other authorized agent for thirty (30) days. Notification of impoundment shall be posted at the site from which the hives or colonies have been removed and a copy shall be sent to the honeybee owner or keeper by mail at the address identified on the hive or colony.

    (6)

    The honeybee owner or keeper may redeem the hives or colonies within thirty (30) days by payment of impoundment and redemption fees. The Board of County Commissioners shall establish impoundment and redemption fees.

    (7)

    All impounded hives or colonies, if not claimed within thirty (30) days, shall be sold at public auction following publication of a notice of auction in a newspaper of general circulation at least ten (10) days prior to the date of the auction. Notice of the auction shall also be mailed to the honeybee owner or keeper at the address identified on the hive.

    (8)

    All notices mailed pursuant to this section shall be deemed courtesy notices. Failure of the honeybee owner or keeper to receive such notice shall not invalidate notice given by posting or publication.

    (e)

    Remedies cumulative. The remedies provided in this section shall not be exclusive but shall be supplemental and in addition to any other remedies which may be provided by law.

    (f)

    [ Applicability. ] This section shall be applicable only in the unincorporated area of Miami-Dade County.

(Ord. No. 84-4, § 1, 1-17-84)