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material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container. (4) For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. (5) Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. (6) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. (7) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. (8) Honey may be sold pursuant to city code and state and federal laws. (9) The beekeeper shall show they have had a complete course on beekeeping including but not limited to disease and mite management and swarm control. 6-805 Permit. (1) No person shall anywhere in the City keep, harbor, or maintain care, custody, or control over any apiary without obtaining a permit issued by City. (2) No permit shall be issued to a rental property unless the property owner provides written consent to the application. For properties located within a managed community with a home ownership association, the association management must provide written consent to the application. (3) Application for permit. Any person desiring a permit under this chapter shall make written application to the Community Development Director on a form prescribed by the City: (a) Among other things, the application shall contain the following information: (i) A description of the real property upon which it is desired to keep apiary. (ii) The number of hives to be maintained on the premises. (iii) A site plan of the property showing the location and size of the proposed apiary, setbacks from the apiary to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of flyway barrier proposed, if required. (iv) Statements that the applicant will at all times keep the apiary in accordance with all of the conditions prescribed by the City, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit. (v) Proof of the applicant having completed coursework on beekeeping. (vi) Agreement that property may be inspected by City at all reasonable times. (vii) Such other and further information as may be required by the officer. (b) Approval of application is subject to conditions prescribed by City. Failure to adhere to conditions is cause for cancellation of the permit and/or may result in an administrative fine.