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(4) Hives must either be screened so that bees must fly over a six (6) foot barrier, which may be vegetative, before leaving the property, or be placed eight (8) feet above the adjacent ground floor. (5) Hives must face away from nearest lot lines. (c) Hive Management Requirements: (1) Colonies must be maintained so as to not interfere with the quiet enjoyment of surrounding properties. (2) A water source for the bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. (3) Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee -proof enclosure. (d) Nuisance: Bees or hives shall be considered a public nuisance when any of the following occurs: (1) Colonies of bees that exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties; (2) Colonies of bees swarm; (3) Hives that are abandoned by resident bees or by the owner; (4) Bees or hives are not kept and/or maintained in conformance with this Section. (e) Penalties for Violations: Violation of this section shall be subject to all remedies and enforcement measures authorized by this Code. At the discretion of the issuing enforcement officer, violations may be cited as a misdemeanor or infraction. As an alternative enforcement method, violations of this section may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9 of this Code. Section 5. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more Ordinance No. NS -2932 Page 5 of 6