Gwinnett County Trouble

Erik T · August 28, 2008, 11:25:22 PM

I got a nastygram in the mail today from my local city Suwanee telling me I've got 15 days to get rid of my colonies. :mad:

I've researched the county municipal code, Gwinnett, in the past and found NO specific thing that banes bees. The closest is no livestock, but they spell out what is livestock and bees are not mentioned.

Georgia state law specifically prohibits municipalities from restricting beekeeping.

I don't know how I'm going to appeal this yet but I'm not going down without a fight. I need help.

Thanks,
Erik

Hivehead · August 28, 2008, 11:41:31 PM

you may find that city ordinances are the deciding factor if you live in city limits. If you're in the county, you may win the fight. In the county and city I live here in Calif., there's a world of difference in what you can do in the city vs. the county, like keep chickens, goats, etc....Good luck fighting the good fight.

pdmattox · August 28, 2008, 11:46:02 PM

Man that just don't sound right. Why the letter? Do they have a complaint from someone? If it is a ordinace issue you could present them with the model beekeeping ordinace. I will have to find you a link for it. If your county does'nt have a ordinace on the books now is a good time to show it to them for sure.

Erik T · August 28, 2008, 11:48:06 PM

Yes, someone complained. I have no idea who. These bees have been here for a number of years without incident.

It really looks like their trying to say that it's "Special Use" of my property. Looking at the special use case still doesn't mention beekeeping. :(

Irwin · August 29, 2008, 09:30:51 AM

Have you made anybody mad ? Are there new people in your area ? Here in my little town we have problem's with new people that move here and try to change thing's so they run down to city hall and start trouble :evil: Fight the good fight :-D

Bee-Bop · August 29, 2008, 10:32:57 AM

The City/County sent you a E-mail, with legal directions ?

You sure about that now ?

Most place send the sheriff/police with a citation, or a registered letter .

Could you please clarify this a little better.

Bee-Bop

1of6 · August 29, 2008, 10:49:37 AM

What you may find is that it's the town and not the county. In our area, the counties don't limit that, but the local cities or boroughs can and sometimes do. If the letter came from the borough or city, that's where you need to look.

Here's a local battle that's going on:
http://www.altoonamirror.com/page/content.detail/id/510187.html?nav=742

What a shame, and so ridiculous...

eri · August 29, 2008, 11:28:24 AM

To add some sparks of hope to the plight of those like Erik T who are being challenged by local authorities, I started a new thread "Good News for Bees and their Keepers" in which to post news about positive community and governmental responses to honey bees. Maybe if some of the challenging authorities were to see that in other places restrictions are being lifted and the bees embraced they might rethink their point of view.

Good luck, Erik T.

http://forum.beemaster.com/index.php/topic,17464.0.html

Erik T · August 29, 2008, 11:58:24 AM

Quote from: Bee-Bop on August 29, 2008, 10:32:57 AM
The City/County sent you a E-mail, with legal directions ?

You sure about that now ?

Most place send the sheriff/police with a citation, or a registered letter .

Could you please clarify this a little better.

Bee-Bop

No, it was sent via normal mail. Not a citation per say, just a letter stating that I have a ordinance infraction and have 15 days to correct it or appeal.

I called them this morning and they stated that beekeeping was not an approved use of the property based on the municode. The code has NO statments concerning beekeeping, I've checked again. When I confronted them on it, they said if it's not listed as approved then it's not allowed and the director told the code officer that it was not allowed. Basically they're saying that anything you do with your property that's not listed as an approved use is illegal. Pure BS.

The code officer said someone complained that they had a party and people got stung. I find this highly unlikely as I spend most of my time in the yard and the bees are very NON-aggressive. In addition, the closest neighbor has parties a lot and he never has problems with the bees and likes to help me work them. The most likely reality is that someone lied to the zoning folks to get them to try to stop me.

The problem is most munciple code is intentionally vague so that they can hassle you for anything they don't like.

bassman1977 · August 29, 2008, 04:12:36 PM

Sounds like a bunch of BS to me. Don your suit of armor and prepare for war! Don't back down.

HAB · August 29, 2008, 05:07:01 PM

FIGHT, FIGHT, FIGHT AND FIGHT!!

Pond Creek Farm · August 29, 2008, 05:21:16 PM

beekeeping (as an enterprise) may not be an approved use for the minucipal zoning in which you find yourself. If your colonies are kept as part of your residential use, however, then you may have an argument that indeed your keeping of bees is an approved use for the zone. Perhaps you can argue that the number of colonies you maintain constitues residential use and not a commercial operation. The key will be in dissecting the municipal zoning ordinance with special attention given to definitions.

Card · August 29, 2008, 05:23:32 PM

Quote from: Erik...they said if it's not listed as approved then it's not allowed

Holy crap. They actually said that? Wow. See if you can get them to put that in writing or something. I'm sure your local newspaper would be fascinated to hear about it. 8-)

JoelinGA · August 29, 2008, 06:46:03 PM

That is total BS, you need to bring this up with Channel 2 News or something. Get publicity on it! I'm just south of you in Fayette County and would not put up with that. Fight the good fight :)

beemused · August 29, 2008, 10:51:33 PM

Erik,
I am not a lawyer, but am a student of the law. I do enjoy flicking boogers at bureaucrats who think they can force their will on anyone without having proper jurisdiction (force of law) to do so.
You could write a letter back advising the board or commission that they should be advised that someone is using their stationary to make unspecified charges and threats and that you don't think that its the least bit funny. Other than that the next step is as follows.
The first place to start though is not a formal challenge but simply a letter to the originating party stating "This is a special appearance by fill in your name asking for the exact code allegedly violated and the exact nature of the alleged violation. Be sure to always use alleged when referring to this matter. And you always preface any correspondence with the special appearance advisory.
You are in an administrative court now and your state has an administrative procedure rules chapter in state statutes. If you truly want to fight this you should look up those rules since there is where your first remedy is. If you do receive a citation then a formal challenge to proper service is the next move. I can pass on the way myself and others have successfully beaten rogue bureaucrats who don't have a clue as to the power of an informed, knowledgeable citizen who will not cower at their empty threats.
It may only take the letter to get their attention but may and probably will take considerably more. Remember they only have jurisdiction granted lawfully and you only have rights that you yourself are willing to enforce.

Bruce

th

SgtMaj · August 30, 2008, 12:30:04 AM

Bruce, well said, I especially like: "you only have rights that you yourself are willing to enforce."

I would also advise Erik to find a lawyer... and contact your local beekeeping association, as well as the state dept. of Ag Apiary division...

Grant11 · August 30, 2008, 01:02:26 PM

It was probably a yellow Jacket that stung someone alot of people dont know the difference . I say go after them . When you own your home why do people think they can tell you what to do ?

Ross · August 30, 2008, 04:04:23 PM

You might start by pointing out the Georgia state law that they are violating and asking the Georgia Attorney General for a ruling. That should be free.

SgtMaj · August 30, 2008, 09:55:22 PM

Quote from: Grant11 on August 30, 2008, 01:02:26 PM
It was probably a yellow Jacket that stung someone alot of people dont know the difference . I say go after them . When you own your home why do people think they can tell you what to do ?

That was my thought, too... it would be unlikely that they got stung by a honey bee that far from the hives.

rdy-b · August 30, 2008, 10:26:38 PM

Quote from: Ross on August 30, 2008, 04:04:23 PM
You might start by pointing out the Georgia state law that they are violating and asking the Georgia Attorney General for a ruling. That should be free.

That sounds interesting little more info please :) RDY-B