(1) |
It is a public nuisance to keep an abandoned or diseased apiary, apiary equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees. |
Terms Used In Utah Code 4-11-114
- Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-11-102
- Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102
- Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102
- Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102
- Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-11-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(2) |
Items listed in Subsection (1) are subject to seizure and destruction by the county bee inspector. |
(3) |
Upon discovery of, or receipt of a written complaint concerning, an abandoned apiary site, apiary equipment, or appliance, the bee inspector shall attempt to notify the registered owner, if any. |
(4) |
(a) |
A registered owner notified under Subsection (3) shall remove the abandoned apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days. |
(b) |
The bee inspector or the department shall verify the removal or protection in accordance with Subsection (4)(a) at the expiration of the 15-day period. |
(c) |
If a registered owner does not comply with Subsection (4)(a), the bee inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and appliances. |
|
(5) |
A bee inspector or the department may seize and destroy an abandoned apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or appliances do not indicate a registered owner. |
Renumbered and Amended by Chapter 345, 2017 General Session