As used in this article, the following terms shall have the
meanings indicated:
APPLICATOR
Any person operating in Suffolk County who seeks to exterminate
bees, as defined herein, by application of pesticides on a commercial
basis or as part of a business operation in Suffolk County.
BEE
Members of the genus Apis species and all subvarieties, commonly
known as "honeybees."
BEEKEEPER
Any person or entity, either in a commercial or private capacity,
which engages in the breeding or keeping of bee hives or colonies.
COLONY
An aggregate of the bees, the hive, and associated equipment,
including honeybees, comb, pollen, and brood.
HIVE
A structure where bees live, which is either constructed
by humans or made by the bees themselves.
SWARM
A cluster of bees who have left their colony or nest.
Section
299-88 of this article shall not apply under the following circumstances:
A. The swarm or colony poses an imminent danger or hazard, or threat
of same, to any individual person(s) or endangers public health and
safety, as determined by the applicator or the beekeeper. This exemption
shall require a determination by the applicator or beekeeper that:
(1) The swarm or colony is overly defensive; or
(2) The swarm or colony poses an imminent danger to persons or property
due to its presence within or in close proximity to a residence, commercial
or institutional structure, other public gathering place or public
right-of-way; or
(3) Other circumstances exist where the bees constitute an imminent danger,
hazard or threat to the health and safety of an individual or to public
health and safety.
B. When the owner of the property where the swarm or colony is located,
the swarm or colony owner, the applicator, or the beekeeper is required
to destroy and exterminate the swarm or colony by law, by court order,
or by the administrative order or directive of a governmental authority.
C. Bee swarms or colonies are exterminated by a beekeeper/owner in the
course of customary and usual apiary or farm management activities,
such as overwintering or as where extermination is necessitated in
accordance with sound agricultural practices.
D. Extermination by migratory beekeepers, who travel across the country
with their beehives and colonies or swarms in order to pollinate crops.
This article shall apply to all actions occurring on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.