By Nate Jones

Staff Writer 

In response to an incident involving honey bees in Cash Park last year, on Monday the South Portland City Council discussed a new “Animal and Fowl” ordinance that provides standards for beekeepers in the area. The ordinance could be voted on by the council at the end of next month, making South Portland one of the first municipalities to adopt beekeeping standards in Cumberland County should it be accepted by the council. The implications of the ordinance have beekeepers in South Portland and neighboring communities concerned about their lucrative hobby.

South Portland City Manager Jim Gailey said the city worked on the ordinance during the winter in hopes of having it prepared for enactment March 24, the day it was first presented to the council. The March date is considered by some to be the beginning of beekeeping season though Portland resident Erin Forbes, who has been keeping bees for the past four years, said many bee enthusiasts order their insects as early as January or February.

In addition to requiring a $50 fee for city beekeeper registration, the ordinance requires beekeepers to register with the state as well. It also stipulates how many hives are allowed on a lot based on size and location, how certain flyways must be provided bees and how they are to be handled and transported in accordance with various health and safety concerns.

“In the grand scheme of things, this is all because somebody said they were scared the might be stung by a bee,” Forbes said. “That’s like somebody calling the police because they’re afraid they think a dog might bite them.”

Forbes said she hasn’t had complaints concerning her bees she couldn’t fix by training them. She explained how bees learn to return to the same food and water sources over time, which can present problems for neighbors with flowerbeds or pools. Forbes said bees can be slowly weaned away from a food or water source by a properly trained beekeeper. 

Although Forbes lives in Portland, she said she plans on speaking against the ordinance at the formal public hearing  April 7. She said she doesn’t agree with the proposed $50 registration fee included in the ordinance. 

“I am resentful of that fee. A dog license is $6 - this is almost five times that,” she said.

Councilor Tom Blake said he also thought the fee was excessive and would like to see it reduced to $25. 

Joanne Romano said she has been keeping bees at her residence in Gorham for 10 years and considers the cost of registering with the state sufficient for those who are serious about beekeeping. She said registering with the state and the Cumberland County Beekeepers Association allows individuals the ability to confer with the state beekeeper directly, which could save the city the cost of evaluating beekeeping sites.

“The state beekeeper is more qualified than anyone,” she said.

Forbes said she has 35 different colonies of bees on several properties in the Portland area. On a good year a colony can produce upwards of 100 pounds of honey, most of which Forbes said she sells at local farmers markets and specialty stores.

While Romano only keeps two hives, she said she also sells some of the honey the bees produce, and is careful to follow state regulations by acquiring the correct food provider licenses.

The proposed South Portland ordinance restricts beekeeping as a non-commercial activity, and could prohibit such sales from occurring.

Code Enforcement Officer Patricia Doucette said the intent of the ordinance was not to limit commercial vendors from selling honey, but to set standards for currently unlicensed recreational beekeepers with hives in neighborhood areas. 

Councilor Linda Boudreau said she hoped the new ordinance could include an insurance requirement for the permit holder, such as dog owners who include their pets in their homeowner’s insurance policies. City Corporation Counsel Paul Driscoll said he wasn’t sure how that proposal would work, however.

“I’m not sure if even an umbrella homeowners policy would cover it,” he said. “There are a lot of proof problems, but that’s what courts are for.”

Forbes said many people who complain of bee stings actually confuse them with wasps.

“People seem to think insects are all alike,” she said. “Just because a mosquito bites on purpose, people assume bees will sting for the same reason, which is not true.”

Beekeepers found in any violation of the proposed ordinance, which also states beekeepers must make sure their insects are of a friendly, non-aggressive breed, would be subject to a fine not to exceed $1,000.

Doucette said cases where the city actually imposes a fine are rare, as they usually work extensively with the property owner to avoid such a penalty. 

City Planner Tex Haeuser suggested any unforeseen costs incurred by the city should also be the responsibility of the permit holder in the event of a violation. Such costs could include arranging an inspection by the state beekeeper, or any new equipment that would need to be provided to the animal control officer to deal with an incident.

Romano and Forbes said they would be pleased to see the ordinance amended to resemble Westbrook’s beekeeping guidelines which encourage proper beekeeping habits rather than placing restrictions on property owners.

“It seems rather rigid,” Romano said. “I just don’t want to see too much regulation.

A public hearing on the ordinance is scheduled for April 9, to be followed by a first reading by the council on April 20.