Gwinnett County Trouble

[Erik T]

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

The actual Georgia law:

2-14-41.1.  Prohibition against restriction of honeybee production or maintenance.
No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives.  This Code section shall not be construed to restrict the zoning authority of county or municipal governments.


You'll note the provision for zoning authority.  Gwinnett has no specific zoning prohibition against bees or beekeeping.  Here's the municode they are construing to be in violation:

Section 1302.  R-75 single-family residence district.
This zoning district is intended primarily for moderate-cost one-family residences and related uses on land served by a central sewage system. The development of lots in this district is permitted with septic tanks, provided lot sizes correspond to the area in square feet in the R-100 district. All septic tank installations are subject to the approval of the Gwinnett County health department.
Within the R-75 single-family residence district, the following uses are permitted:
(1)   All uses permitted in the R-100 single-family residence district, including special uses, provided, however, that only those single-family dwellings with a floor area of 1,000 square feet or greater but less than 1,200 square feet shall be required to have obtained a special use permit prior to being permitted. Single-family dwellings with less than 1,000 square feet in floor area shall not be permitted.
(Res. of 4-22-86; Res. of 1-22-91; Res. of 2-20-91)

In a nutshell, they're saying it's special use of the property.  They're either:

1) Interpreting beekeeping as a business which in my case isn't.
2) Considering it livestock.   The Gwinnett definition of livestock is:

Sec. 10-26.  Definitions.
...
Livestock  means and includes horses, cows, goats, pigs or any other hoofed animal used for pleasure or profit. Fowl and rabbits are expressly included within this definition.
...

Incidentally my house is about 2500 square feet so I don't see how they're considering it R-75.  Needs further investigation.

When I called them on it they stated it's a special use of the property because it's not listed specifically as an allowed use.  Pure hogwash.

Erik

[Brian D. Bray]

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

Good advise, especially the part about treating as if somebody was conducting a prank.  Any response should define what you're up against with more clarity.  The bit about if it's not named then it's banned is legally suspect as it is the opposite of normal legal conduct and if you find the letter was from a municipality then ask for the exact reference to inclusions and exclusions.  Normally it has to be named to be prohibited, this is one point that makes one suspect the legitamcy of the letter to get rid of the bees.  Also the time period is usually 30 days.  15 days can be argued as insufricient time to respond or inadequate warning.   The legalities here can be complex but begin investigation, by answering the letter as if it were a hoax.
A Conditional use permit is usually necessary for conducting an prohibited use, as defined by ordinance, such as building a housing development in an Industrial zone.  Even then the uses included within the area of zoning are specified as to type of housing, agriculture, industrial, etc.  In residencial areas, unless otherwised specified, beekeeping is a hobby unless the beekeeping is a business licensed by the state, country, and/or the municipality.  Hence beekeeping (as a hobby) must be specifically addressed as a nuisance to pass muster.  No mention, no jurisdiction as omission is most often viewed as tacit consent.

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

The actual Georgia law:

2-14-41.1.  Prohibition against restriction of honeybee production or maintenance.
No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives.  This Code section shall not be construed to restrict the zoning authority of county or municipal governments.


You'll note the provision for zoning authority.  Gwinnett has no specific zoning prohibition against bees or beekeeping.  Here's the municode they are construing to be in violation:

Section 1302.  R-75 single-family residence district.
This zoning district is intended primarily for moderate-cost one-family residences and related uses on land served by a central sewage system. The development of lots in this district is permitted with septic tanks, provided lot sizes correspond to the area in square feet in the R-100 district. All septic tank installations are subject to the approval of the Gwinnett County health department.
Within the R-75 single-family residence district, the following uses are permitted:
(1)   All uses permitted in the R-100 single-family residence district, including special uses, provided, however, that only those single-family dwellings with a floor area of 1,000 square feet or greater but less than 1,200 square feet shall be required to have obtained a special use permit prior to being permitted. Single-family dwellings with less than 1,000 square feet in floor area shall not be permitted.
(Res. of 4-22-86; Res. of 1-22-91; Res. of 2-20-91)

In a nutshell, they're saying it's special use of the property.  They're either:

1) Interpreting beekeeping as a business which in my case isn't.
2) Considering it livestock.   The Gwinnett definition of livestock is:

Sec. 10-26.  Definitions.
...
Livestock  means and includes horses, cows, goats, pigs or any other hoofed animal used for pleasure or profit. Fowl and rabbits are expressly included within this definition.
...

Incidentally my house is about 2500 square feet so I don't see how they're considering it R-75.  Needs further investigation.

When I called them on it they stated it's a special use of the property because it's not listed specifically as an allowed use.  Pure hogwash.

Erik

Also, by international treaty, bees are not livestock (NAFTA) so even if they interrept bees as livestock the law still does not apply.  Pointing out that bees are not livestock should be a last ditch measure.  for Beekeeping to be subject to restrictive ordinance it must be named my trade/hobby and species specific or it is invalid.  I like the Georgia law, send that tidbit along with the note about the assumed practical joke.

[KONASDAD]

send them a copy of the Georgia law. As such, the town is "premepted" from enacting laws about honeybees. The state is now the controlling statute.