Following is some more information about this case:
These are the statutes referred to in the citation:
4. The erection, construction, reconstruction or alteration of any structure, or the use of any property or structure, not in conformance with this code constitutes a violation;
[How am I not in conformance?]
E. Beekeeping is permitted in all zones subject to the requirements of this section:
1. Density. Except in the Institutional Reserve (IR), Rural Homestead (RH) and industrial zones (CPI, CI-1, CI-2, CI-3) wherein one colony is allowed per 2,500 square feet, the following maximum number of colonies per lot area apply:
a. One-quarter acre or less: 2 colonies
b. More than 1/4 acre to less than 1/2 acre: 4 colonies
c. One-half acre to less than 36,000 square feet: 6 colonies
d. 36,000 square feet to one acre: 8 colonies
e. Greater than one acre: 8 colonies plus one colony per additional 2,500 square feet of lot area above one acre. (I was keeping only 6 colonies)
2. Bee hives shall be kept a minimum of thirty feet from any exterior lot boundary line.
3. Except for lots with an area greater than one acre (the property in question is 1.04 acres, making it exempt from this requirement, yet I have established such a barrier of shade-cloth for my own convenience) , a barrier shall be erected that will prevent bees from flying through it. Such barrier shall:
a. Be at least six feet in height and shall consist of a dense plant or hedge or any opaque constructed material;
b. Extend at least eighteen feet beyond the hive(s) in both directions.
4. Fresh, clean watering facilities for bees shall be provided on said premises.
5. Upon determination by a zoning inspector that a property owner is not in compliance with the zoning standards for beekeeping, the Pima County health department shall be notified. If the same property owner is determined to be keeping a colony or colonies deemed a nuisance or hazard by the health department, the course of action shall be determined by the health inspector in cooperation with the zoning inspector. (when does zoning perform the requirements of this paragraph?) (The Health Department has made two separate inspections, having received their own complaints. I have copies available. My bees pass with flying colors both times.)
a. An exception to the provisions of this subsection shall be permitted for a period not to exceed sixty days for bees actively participating in commercial agricultural activities.
b. Nothing in this subsection shall be deemed or construed to prohibit the keeping of bees located or kept within a government facility, a school, or a university facility for the purpose of study or observation.
The statute, repeated above, as specifically pertains to Beekeeping, clearly outlines the requirements of the beekeeper and those of the county officials. The purpose of having a specific statute that applies to Beekeeping is to define the requirements for keeping bees. By complying with this specific statute, how can I then be in violation of another statute? If this were true it would be impossible to know which statutes were controlling in every situation, and furthermore it would result in every Beekeeper in Pima County to be in violation.
Neither of the two statutes stated (see above) as violations of the Pima County code by citation PO6ZV00159-1, indicate any such violation.
The bees were temporarily relocated off the property on 10 April 2006 and have not yet been returned.
Thanks KONASDAD for your input.