Exhbit CC 03-15-2016 Oral Communications 2Alysa Sakkas
7400 Tiptoe Lane
Cupertino, CA
408-255-8132
3/15/16 City Council Presentation -4H Bee Project
Contents:
Email from Alysa Sakkas to city council
Script of city council presentation 3/15/16
Cc 3/1s-/1~
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Zoning map of Cupertino finding possibly only two properties of sufficient size to keep bees
Cupertino Municipal Code
Mountain View Code
Sunnyvale Code
Santa Clara County Code
Santa Cruz Code
Scotts valley Code
San Mateo code
San Jose Code
San Mateo Bee Guild research packet
Packet from Santa Clara bee . .!Juild member
o Bee keeping regulations on private property with SCC
o Comparison chart
o Facts about Honey bees
Sakkas, Alysa (US)
From:
Sent:
To:
Subject:
Attachments:
asakkas2011@gmail.com on behalf of alysa sakkas <asakkas@gmail.com>
Saturday, February 27, 2016 10:50 PM
citycouncil@cupertino.org; Lisa Maletis-Massey
EXTERNAL: Requesting relaxation of the Cupertino municipal code re: Bee Keeping
Code Summary.xlsx
Dear Cupertino City Council Members,
I am one of the adult leaders of the 4H Beekeeping youth project in Cupertino. We manage the
beehives at Mc Clellan ranch park that are used for educational purposes. I would like to bring my
students to speak before City Council during Oral Communications to request that the Beekeeping
municipal code in Cupertino be relaxed, or that the City Staff study the issue to determine if we should
update our municipal code.
My students have researched and prepared for this presentation and are prepared to answer
questions you may have.
Below is a summary of the main points they will present, relative to municipal code relaxation. They
will also explain the importance of bees in our ecosystem and why they are deserving of our
support. We are planning to visit for the 3/22/16 City Council meeting.
While we discussed recommending modifications to the current code versus relaxation, our research
has indicated that relaxation is becoming more of the trend as people have become more educated
and accepting of bees.
I have attached a summary spreadsheet that compares the codes in neighboring cities as well as other cities, and
links to some of the municipal codes. The wording for Cupertino, Los Gatos, Campbell and Saratoga are
among the most restrictive and almost identically worded. Most of the codes have not been reviewed in many
years.
Please feel free to forward this summary to city staff/others that would benefit from a preview.
Let us know if we can provide anything more to prepare for our short presentation during Oral
Communications.
I would also like to lmow if the 3/22 meeting would be a good time for us to visit City Council -we are flexible
to pick another day.
Respectfully,
Alysa Sakkas
4H Bee Project
408-255-8132
asakkas@gmail.com
Bee Project City Council Presentation to Suggest Relaxation of Beekeeping Municipal
Codes
The current Municipal Code in Cupertino (summary)
• Beehives must be at least one thousand feet away from the nearest building and
at least three hundred feet from the nearest road. In order to satisfy the
1
thousand-feet requirement on each side, you would need 72-acres of building-
free land surrounding the hive.If the hive were on an empty lot, you would still
need an eight acre lot to abide by the three-hundred-foot requirement on each
side.
• If you are found in violation of the law, a written notice will be posted at the
location of your beehive.
• You must fix the problems within 48 hours or you will be charged with a
misdemeanor.
Bay Area cities are relaxing their regulations.
• San Francisco has no ordinance other than a nuisance law.
• Sunnyvale allows up to five hives per lot. They must be at least 25 feet from the
nearest property line and cannot be on your front lawn unless it is at least 100
feet long. In addition, they must face a building and be surrounded within 30 feet
by a 6-foot-high fence. Finally, you must maintain a water supply.
• San Jose has similar regulations to Sunnyvale, but you must get a permit from
the city, which must be renewed every year.
• Cupertino, Los Gatos, Campbell, Santa Clara and Saratoga make it almost
impossible for urban residents to keep bees.
• We learned from the San Mateo bee guild's study of municipal codes that there
are very rarely complaints about bee hives in their county, and when there are,
they are typically complaints about someone not abiding by the code versus
complaints about the bees or bee hives themselves.
What are we requesting?
• We are asking to relax the municipal code for beekeeping.
• Bee keeping could be managed with a simple nuisance law, which means that
complaints would be dealt with on a case-by-case basis. The city would decide
whether the beekeeper can mitigate the complaint or whether they would have
their hives shut down.
2
Bee Keeping Municipal Codes Summary
Distance
Distance from from Distance from
Location Property line Road buildings Comment/date if stated Link
San Mateo n/a 25' 25' 1982: 1 hive or 2 if >1 OK sqft http://qcode.us/codes/sanmateo/
Foster City - - -Banned
BurlinQame n/a n/a 200' one hive limit
HillsborouQh n/a 50' 50' <= 3 hives/lot
Pacifica n/a n/a 200' permit
Redwood City n/a n/a 150'
San Carlos 10 n/a 50' one hive limit, two if >20K sqft. Permit
Santa Cruz 20' n/a n/a 1985: use oermit required http://www.codepublishing.com/CA/SantaCruz/
https://www.municode.com/library/ca/scotts_valley/codes/code_of_ordin
ances?searchRequest=% 7B%22searchText%22:%22bees%22, %22pag
eNum%22: 1, %22resultsPerPage%22:25, %22booleanSearch%22:false,
%22stemming%22:true, %22fuzzy%22:false, %22synonym%22:false, %2
2contentTypes%22:%5B%22CODES%22%5D,%22productlds%22:%5B
%50% 7D&nodeld=TIT17ZO_CH17.46EXM0_ 17.46.125BEPEISCODE
Scotts Vallev 25' n/a n/a 2010: 1 hive or 2 if >40K saft DI
Half Moon Bav n/a n/a n/a -2015 citv council discussion -
2014 discussion see video at 59:56 httg://ci~ofsanrafael.granicus.com/MediaPlayer.ghg?view id=2&clig id=
San Rafael n/a n/a n/a result: continuation of nuisance law 584
http://sfenvironment.org/article/animal-husbandry/regulations-on-
San Francisco n/a n/a n/a beekeeping-by-the-san-francisco-department-of-public-health
San Jose 10' n/a 50' annual permit required. 2 hive limit http://www.sanjoseca.gov/index.aspx?NID=441
Cupertino n/a 300' 1000' 1994
httgs://www.municode.com/libra[Y/ca/los gatos/codes/code of ordinan
ces?search Reguest=o/o 7B%22searchText%22:%22bees%22, %22gage
N um%22: 1, %22resultsPerPage%22:25, %22booleanSearch%22:false,
%22stemming%22:true, %22fuzzy%22:false, %22synonym%22:false, %2
2contentTyges%22:%58%22CODES%22%5D,%22groductlds%22:%5B
Los Gatos n/a 300' 1000' 1994 %5D%7D&nodeld=CO CH4ANFO ARTVlllBE S4.80.005APDE
httgs://www.municode.com/libra[Y/ca/camgbell/codes/code of ordinanc
es?searchReguest=% 7B%22searchText%22:%22bees%22, %22gageN
um%22: 1, %22resultsPerPage%22:25, %22booleanSearch%22:false, %2
2stemming%22:true, %22fuzzy%22:false, %22s)!:nOn)!:m%22:false, %22co
ntentTyges%22:%5B%22CODES%22%5D,%22groductlds%22:%58%5
Campbell n/a 300' 1000' 2014? D%7D&nodeld=TIT7AN CH7.28BE 7.28.020NAHIOT
httgs://www.municode.com/libra[Y/ca/saratoga/codes/code of ordinanc
es?searchReguest=o/o 7B%22searchText%22:%22bees%22, %22gageN
um%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%2
2stemming%22:true, %22fuzzy%22:false, %22synonym%22:false, %22co
ntentTyges%22:%58%22CODES%22%5D, %22groductlds%22:%5B%5
SaratoQa n/a 300' 500' 1994 D%7D&nodeld=CH7HESA ART7-20AN 7-20.230BE
100' other
Sunnyvale 25' n/a buildinQs 5 hives/lot http://qcode.us/codes/sunnyvale/
httQs://www.municode.com/libra0£/!;;a/mountain view/codes/code of or
din53nces?searchReguest=% 7B%22searchText%22:%22beekeeQing%2
2, %22QageNum%22: 1, %22resultsPerPage%22:25, %22booleanSearch
%22:false, %22stemming%22:true, %22fuzz~%22:false, %22s~non~m%2
2:false, %22contentT~Qes%22:%5B%22CODES%22%5D, %22Qroductld
Mountain View 10' 20' n/a 2014 s%22:%5B%5D% 7D&nodeld=PTllTHCO CH5AN ARTIVBE
New York n/a n/a n/a 2010 -
Seattle n/a nla n/a 4 hives/lot if <1 OK sa ft
Bee Project City Council Presentation
to Suggest Relaxation of Beekeeping Municipal Codes
Introduction
1. Who we are (4H and bee project)
• We are the Beekeeping Project from Rolling Hills 4-H Club. 4-H is a world-wide
youth organization that focuses on four personal development areas: head, heart,
hands, and health. The goal of 4-H is to develop citizenship, leadership, responsibility,
and life skills of members through project-based learning. The Rolling Hills 4-H club
currently has 180 members who participate in a wide variety of projects such as
bee-keeping, pygmy goats, dairy goats, rabbits, poultry, Lego robotics, record-keeping,
gardening, public speaking, dogs, and leadership. Members are encouraged to give back
to the community through service. 4-H can best be summed up by its slogan, "Learning
by doing."
• The Beekeeping Project teaches its members all about bees and basic beekeeping.
During the year, we learn about bee anatomy, hive tools, types of bees, and even get a
chance to handle bees at hive checks. At the end of the year, we extract honey from our
hives. We also make candles from the beeswax to sell at the McClellan Ranch Audubon
Society Nature Shop; the proceeds are used to fund educational projects.
• The project has also collaborated with the ranch to use profits from the sale of
honey to provide money for restoration activities, like the planting of native plants, on
ranch grounds. The project has also donated a demonstration hive and a bee suit
mannequin to the McClellan Ranch Education Center. Members of the project have also
presented educational talks to the Santa Clara County Audubon Society day camps and
participated in outreach events such as Wildlife Day.
2. The importance of bees in our environment and why we are suggesting relaxation of
the municipal codes
• : Before this area was Silicon Valley, it was known as the "Valley of Heart's
Delight," with miles full of orchards full of luscious fruits like, apricots, cherries and
prune plums grown in the area that is now Cupertino.
• None of this would be possible without honeybees.
• According t0 the USDA, honeybees are responsible for pollinating one third of all food
that we eat.
• Without honeybees, we would basically be stuck eating a bland diet of meats
and grains, like rice, oats, corn, and wheat.
• In addition, people keep bees at home because they want honey bees to pollinate the
crops in their area, like flowers, vegetable gardens, and orchards.
• These new beekeepers are contributing to the environment and reversing the loss of
honey bee colonies from Colony Collapse Disorder. Link
3. The current Municipal Code in Cupertino (summary)
• ' Beehives must be at least one thousand feet away from the nearest building
and at least three hundred feet from the nearest road. In order to satisfy the
thousand-feet requirement on each side, you would need 72-acres of building-free land
surrounding the hive .If the hive were on an empty lot, you would still need an eight acre
lot to abide by the three-hundred-foot requirement on each side.
• Each beehive must have a sign with the owner's name and contact info.
• If you are found in violation of the law, a written notice will be posted at the location of
your beehive.
• You must fix the problems within 48 hours or you will be charged with a misdemeanor.
4. What are the municipal codes in other cities, and how have they changed?
• ' Around the world, beekeeping is becoming widely accepted in cities such as
New York, London, Vancouver, Johannesburg, Chicago, Seattle and Portland. In fact,
beehives are often kept on the roofs of restaurants, hotels, and department stores. Link
• In New York City, urban beekeeping was made legal in 2010. (1, 2.)
• Seattle's beekeepers don't need special permits as long as they have no more than four
hives on lots of less than 10,000 square feet. Link
• The British government has aided the rise of keeping bees in cities by releasing a plastic
beehive purpose-built for urban beekeeping.
5. Closer to home, local Bay Area cities are also relaxing their regulations.
• , San Francisco has no ordinance other than a nuisance law. Link
• Mountain View has an ordinance that is similar to Cupertino's, which was updated in
2014 to be less restrictive. Hives must be 10 feet from the nearest property line and 20
feet from the nearest public road. This means that you need just 1200 square feet to
have hives. Link
• : Sunnyvale allows up to five hives per lot. They must be at least 25 feet from
the nearest property line and cannot be on your front lawn unless it is at least 100 feet
long. In addition, they must face a building and be surrounded within 30 feet by a
6-foot-high fence. Finally, you must maintain a water supply. Link
• San Jose has similar regulations to Sunnyvale, but you must get a permit from the city,
which must be renewed every year. Link
• Los Gatos, Campbell, Santa Clara and Saratoga make it almost impossible for urban
residents to keep bees.
6. What do we want?
• We are asking to relax the municipal code for beekeeping.
• Bee keeping could be managed with a simple nuisance law, which means that
complaints would be dealt with on a case-by-case basis. The city would decide whether
the beekeeper can mitigate the complaint or whether they would have their hives shut
down.
• We learned from the San Mateo bee guild's study of municipal codes that there are ve1y
rarely complaints about bee hives in their county, and when there are, they are typically
complaints about someone not abiding by the code versus complaints about the bees or
bee hives themselves.
7. Summary
• Bees are important because they pollinate our flowers, fruits and vegetables.
• The current beekeeping code is outdated and does not reflect current trends.
• We are asking to remove the code on bee keeping.
• The benefits significantly outweigh the risks.
Possible Questions from Council Members -Source: Honey Bees & Beekeeping In Portland and Multnomah County
portlandurbanbeekeepers. org/wp-content/uploads/2015/06/BEES _FAQ. pdf
• Will we get honey?
o Yes, we will pass out samples.
• What if people get stung?·
o Honeybees are not aggressive and usually don't sting people, because they're too
busy looking for nectar.
o In addition, when honeybees sting, they die, so they have no reason to sting you.
• Why would someone want bees in their backyard?
o Bees improve the health of our gardens and of the ecosystem overall; they
pollinate fruits and vegetables. Also, beekeeping results in free, fresh honey and
beeswax.
e What are Africanized honey bees and what if they sting me?
o Africanized honey bees are a special type of bees that are a cross of regular bees
and African bees.
o Yes, they are aggressive, but they are extremely rare in the Bay Area.
o Also, honey bees will not attract Africanized honey bees.
• What if bees swarm next to schools?
o Swarms are a natural phenomenon that occur when a hive becomes too crowded.
A large group of bees will follow the queen bee out of the overcrowded hive and
cluster -on a tree branch, a fence post, etc.-while a few scout bees seek out a
new place to build a hive. Although seeing so many bees clustered in the open is
strange, swarms are not aggressive. In fact, swarming bees have no honey or
brood (developing eggs) to protect, so they are usually very docile.
• What if bees come next to my house? I don't want them next to my house.
o Bees naturally swarm when they don't have enough space in their hive.
o This happens naturally and is like upgrading your house.
o If you leave them alone, they will go away within a couple days.
o You could also call the local bee guild, who will take them away for free. To a
beekeeper, those are free bees.
The Current Cupertino Beekeeping Ordinances
8.07.050 Notice Required When Moving Apiaries.
No apiary shall be located:
A. At a distance less than one thousand feet from the nearest residence, church,
school, public building, corral or water area in the corral unless the owner or persons in
possession thereof has given written permission to the location of said apiary at a closer
distance.
B. On any lands without the written consent of the owner or person in possession
thereof.
C. Closer than three hundred feet from any public road.
8.07 .080 Identification of Premises.
Every person maintaining any apiary on premises other than their own residence shall
identify the apiary by affixing and maintaining signs thereto showing the name of
owner or person in possession of the apiary, the owner or persons address and
telephone number, or a statement that the owner or person has no phone. These signs
shall be prominently placed and maintained on each entrance side of the apiary and
immediately adjoining the same and lettered in black at least one inch in height on a
white or light background.
8.07,090 Notice, Conection of Violation.
Any person transporting or maintaining an apiary who violates any of the provisions of
this chapter may be given verbal or written notice by the agricultural commissioner of
the County or any law enforcement officer. A written notice shall also be posted on the
location for forty-eight hours, and it shall be unlawful for the owner or person in
possession of said apiary to fail to correct the violations within that period. The
provisions of this title, however, shall not authorize the keeping of bees in areas where
they are not otherwise allowed by law.
8.07.100 Penalty.
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished as provided in Chapter 1.12.
• What if bees start bothering me when I'm [on a picnic I having a barbecue I having my
back yard hot pot party]?
o Those insects that bother you during your barbecue are not bees. They are
actually yellow jackets, which are carnivorous.
o Also, real honeybees only drink nectar, so they won't bother you when you're
eating.
• Which bees should we lift the ban on?
o We should lift the ban on only the non-aggressive species of Apis Melliflora (the
honeybee).
• What about those funny outfits?
o Beekeepers sometimes wear special light-colored "suits" and veiled hats when
they are opening a hive (to extract honey, to check the health of the bees, etc.).
But most of the time, there is no need to wear bee suits around bees, unless you
are intentionally opening or moving a hive.
• What if I'm allergic?
o A very small portion of the population (less than 3% of adults and 0.5% of kids)
may have more serious systemic reactions to a sting. Anyone who experiences
nausea, wheezing, or difficulty breathing after being stung needs .immediate
medical care. However, these are rare responses, and they are easily treated if
you get immediate medical attention. Swelling from a bee sting is normal, and is
NOT a sign of a life-threatening allergy.
City of Cupertino
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.07.010 Apiary Defined.
As used in this chapter, "apiary" means D!I , hives and appliances wherever the same are
kept, located or found.
(Ord. 1644,~art), 1994)
L~ 8.07.020 DJ!ll Defined.
As used in this chapter, 'B " means honey-producing insects of the species apis mellifica,
including the adults, eggs, larvae, pupae or other immature states thereof, together with such
materials as are deposited into hives by their adults, except honey and rendered beeswax.
(Ord. 1644, § 2 (part), 1994)
l~l 8.07.030 Hive Defined.
As used in this chapter, "hive" means any recijfJif1e or container made or prepared for the use
ofD!I, or a box or similar container of which · · have taken possession.
(Ord. 1644, § 2 (part), 1994)
1::i18.07.040 Location Defined.
As used in this chapter, "location" means any premises upon which an apiary is located.
(Ord. 1644, § 2 (part), 1994)
fJ 8.07.050 Notice Required When Moving Apiaries.
No apiary shall be located:
A. At a distance less than one thousand feet from the nearest residence, church, school, public
building, corral or water area in the corral unless the owner or persons in possession thereof has
given written permission to the location of said apiary at a closer distance.
B. On any lands without the written consent of the owner or person in possession thereof.
C. Closer than three hundred feet from any public road.
(Ord. 1644, § 2 (part), 1994)
Q 8.07.070 Water Supply.
A water supply adequate in quantity for the apiary should be provided and maintained.
(Ord. 1644, § 2 (part), 1994)
1:18.07.080 Identification of Premises.
Every person maintaining any apiary on premises other than their own residence shall identify
the apiary by affixing and maintaining signs thereto showing the name of owner or person in
possession of the apiary, the owner or persons address and telephone number, or a statement that
the owner or person has no phone. These signs shall be prominently placed and maintained on
each entrance side of the apiary and immediately adjoining the same and lettered in black at least
one inch in height on a white or light background.
(Ord. 1644, § 2 (part), 1994)
1:18.07.090 Notice, Correction of Violation.
Any person transporting or maintaining an apiary who violates any of the provisions of this
chapter may be given verbal or written notice by the agricultural commissioner of the County or
any law enforcement officer. A written notice shall also be posted on the location for forty-eight
hours, and it shall be unlawful for the owner or person in possession of said apiary to fail to
correct the violations within that period. The provisions of this title, however, shall not authorize
the keeping ofllll in areas where they are not otherwise allowed by law.
(Ord. 1644, § 2 (part), 1994)
1:~1l 8.07.100 Penalty.
Except where otherwise specified, any person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Chapter 1.12.
(Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), 1994)
MOUNTAIN VIEW
ARTICLE IV. -BEEKEEPING
SEC. 5.44. -Notice required when moving apiaries.
No apiary shall be moved into the city or within the confines of the city without notice in writing being
given to the administrator within five (5) days from the date movement is begun, stating:
(a) The number of colonies of bees to be moved into or within the city;
{b) The location of the property in the city to which bees are to be moved, and the name and
address of the owner of the property or person in possession thereof;
(c) The distance of the proposed location of the apiary from the nearest public road intersection.
(Ord. No. 4.14, § 1, 4/8/14.)
SEC. 5.45. -Natural hives-Notice.
Property owners or occupants thereof in the city shall give immediate notice to the administrator of
the establishment by bees of natural hives, so that the same shall be removed in accordance with
approved methods and to avoid harm to persons and property.
(Ord. No. 4.14, § 1, 4/8/14.)
SEC. 5.46. -Location of apiary.
No apiary shall be located:
(a) At a distance less than ten (10) feet from the property line, in side and rear yards only, unless
the owner or persons in possession of the adjacent property have given written permission to
the location of such apiary at a closer distance;
{b) On any lands without the written consent of the owner or person in possession thereof;
(c) Closer than twenty (20) feet from any public road.
(Ord. No. 4.14, § 1, 4/8/14.)
SEC. 5.47. -Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained.
(Ord. No. 4.14, § 1, 4/8/14.)
SEC. 5.48. -Identification of premises.
Every person maintaining any apiary on premises other than their own residence shall identify the
apiary by affixing and maintaining signs thereto showing the name of the owner or person in possession
of the apiary, the owner or person's address and telephone number or a statement that the owner or
person has no phone. These signs shall be prominently placed and maintained on each entrance side of
Page 1
the apiary and immediately adjoining the same and lettered in black at least one (1) inch in height on a
white or light background.
(Ord. No. 4.14, § 1, 4/8/14.)
SEC. 5.49. -Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the provisions of this chapter
may be given verbal or written notice by the administrator or any law enforcement officer. A written notice
shall also be posted on the location for forty-eight (48) hours, and it is unlawful for the owner or person in
possession of such apiary to fail to correct the violations within that period. The provisions of this article,
however, shall not authorize the keeping of bees in areas where they are not otherwise allowed by law.
(Ord. No. 4.14, § 1, 4/8/14.)
Page 2
6.30.010. Maintenance of beehives. Page 1of1
I Sunnyvale Municipal Code
I !!P _] Prexious JI Next JI Main IL ____ JLSearch lliifu!: __ J[fu> Frames
Title 6. ANIMALS
Chapter 6.30. BEEKEEPING STANDARDS
I remove highlighting I
6.30.010. Maintenance of beehives.
No person shall keep or maintain any hive of bees in the city except under the following conditions.
(a) No more than five hives shall be maintained on any one lot or parcel ofland except that this condition
shall not apply to any agricultural use within any zone pursuant to a conditional use permit. For purposes of
this chapter, a "hive" shall mean any movable frame box designed and used for keeping bees and/or storage of
honey, having no more than one bee entrance, one brood chamber, and four honey storage ("super")
chambers. The address of all such hives shall be registered with the office of the Santa Clara County
Agriculture Commissioner.
(b) No hive shall be kept or maintained within twenty-five feet of any side or rear property line of the lot or
parcel of land upon which situated, as those property lines are determined pursuant to Title 19, or within one
hundred feet of any dwelling unit, other than that occupied by the person maintaining the beehive or hives,
whichever distance is greater and more restrictive.
(c) No hive shall be kept or maintained on any parcel or lot between the line of the front face of the main
building extended and the street adjoining the front yard as defined in Title 19, unless such hive is located not
closer than one hundred feet from the edge of the street right-of-way.
( d) All hives shall be oriented so that their entrances face a house or building on the premises, and shall be
surrounded by a solid fence not less than six feet in height, located no farther than thirty feet from such hives.
Said fence may be open on that side facing a house or building on the premises. This condition may be met by
locating such hives upon or affixed to a building or structure so that their entrances are more than ten feet
from the ground and face a house or building on the premises.
( e) A constant water supply adequate to the needs of all hives located on the premises shall be maintained
on those premises. (Ord. 2026-81 § 2).
View the mobile version.
http://qcode.us/codes/sunnyvale/view.php?topic=6-6_30-6_30_010&highlightWords=bee 3/14/2016
Animal Control Laws for Residents of Unincorporated Santa Clara County
ARTICLE 7.
BEEKEEPING
Sec. A33-209. "Apiary" defined.
As used in this article, "apiary" means bees, hives and appliances wherever the same are kept,
located or found.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-210. "Bees" defined.
As used in this article, "bees" means honey-producing insects of the species Apis mellifera including
the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are
deposited into hives by their adults, except honey and rendered beeswax.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-211. "Hives" defined.
As used in this article, "hives" means any receptacle or container made or prepared for the use of
bees, or a box or similar container of which bees have taken possession.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-212. "Location" defined.
As used in this article, "location" means any premises upon which an apiary is located.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-213. Notice required when moving apiaries.
No apiary shall be moved into the county or within the confines of the county without notice in writing
being given to the agricultural commissioner of the county within five (5) days from the date movement
is begun, stating:
(a) The number of colonies of bees to be moved into or within the county.
(b) The location of the property in the county to which bees are to be moved, and the name and
address of the owner of the property or person in possession thereof.
(c) The distance of the proposed location of the apiary from the nearest public road intersection.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-214. Location of apiary.
No apiary shall be located:
(a) At a distance less than one thousand (1,000) feet from the nearest residence, church, school,
public building, dairy corral or water area in the corral unless the owner or persons in possession
thereof gives his written permission to the location of said apiary at a closer distance.
(b) On any lands without the written consent of the owner or person in possession thereof.
(c) Closer than three hundred (300) feet from any public road.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-215. Water supply.
A water supply adequate in quantity for the apiary must he provided and maintained.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-216. Identification of premises.
Every person maintaining any apiary on premises other than that of his or her residence shall identify
such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in
possession of the apiary, his or her address and telephone number, or a statement that he or she has
no phone. Said sign shall be prominently placed and maintained on the entrance side of the apiary and
immediately adjoining the same and lettered in black at least one (1) inch in height on a white or light
background.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-217. Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the provisions of this article may
be given verbal or written notice by the agricultural commissioner of the county or any law enforcement
officer. A written notice shall also be posted on the location for forty-eight (48) hours, and it shall be
unlawful for the owner or person in possession of said apiary to fail to correct said violation within said
period. The provisions of this article, however, shall not authorize the keeping of bees in areas where
they are not otherwise allowed by law.
(Ord. No. NS-300.638, 8-8-00)
Sec. A33-218. Penalty; abatement.
Every person violating any provision of this article who has been given notice thereof as prescribed
herein shall be guilty of a misdemeanor. In addition to the other remedies provided for herein or by law
for the violation hereof, the district attorney may maintain an action for injunction to restrain or
abatement to correct or compel the removal of such violation or violations.
(Ord. No. NS-300.638, 8-8-00)
Secs. A33-219--A33-221. Reserved.
SANTACRUZ
24.12.650 BEES (APIARIES).
In an R-1 District, there may be kept on any lot no more than two hives of bees.
1. No hive shall be kept or maintained closer than twenty feet from all property lines.
2. An administrative use permit shall be required.
(Ord. 85-05 § 1 (part), 1985).
SCOTTS VALLEY
17.46.125 -Beekeeping permits issued by the community development director.
A.
B.
Authority and Purpose.
1.
2.
The purpose of the beekeeping permit is to provide appropriate review
and consideration of small scale beekeeping under the direction of the
community development director or their designee, and to ensure that
beekeeping on certain-sized parcels in single-family residential zones will
not be detrimental or injurious to property and improvements and to the
health, safety, and welfare of persons residing or working in the
neighborhood of the proposed use.
Beekeeping requires review and approval of a beekeeping permit before
any beekeeping on the subject property.
Definitions. The terms used herein have the following meanings:
"Apiary" means a place where bees, hive boxes, and related appliances
wherever the same are kept, located, or found, especially a colony of bees kept for their
honey.
"Bee colony" is a group of bees which consist of the queen, the drones, and the
worker which live in a hive box or similar receptacle.
"Beekeeping" (or apiculture, from Latin apis, bee) is the maintenance of honey
bee colonies, commonly in hives, by humans. A beekeeper (or apiarist) keeps bees in
order to collect honey and beeswax, for the purpose of pollinating vegetation, or to
produce bees for sale to other beekeepers.
"Bees" means honey-producing insects of the species aspis mellifica, including
the adults, eggs, larvae, pupae or other immature states thereof, together with such
materials as are deposited into hives by the adults, except honey and rendered beeswax.
Bees are a monophyletic lineage within the superfamily Apoidea, presently classified by
the unranked taxon name Anthophila.
"Hive" is the same definition as bee colony.
"Hive box" means any box, receptacle, or container made or prepared for the use
of bees, or similar container of which bees have taken possession. A hive box is usually
called a Langstroth deep or super, and is roughly 19.75 inches long, 16.5 inches wide,
and 9.5 inches tall. It contains ten frames of foundation on which the bees build comb for
producing brood and food. A hive box needs some kind of top board, some kind of
bottom board, and an entrance which is usually incorporated in the bottom board.
C.
Applications and Submittal Requirements.
1.
D.
E.
F.
2.
3.
Application for a beekeeping permit shall be made on a form prescribed
for this purpose by the city and shall be filed with the planning
department, accompanied by the filing fee.
The application shall be accompanied by such maps, site plans, and
other drawings, or information required or necessary to enable the
community development director to make the determinations as set forth
herein. The application form provided by the planning department shall
provide a list of submittal requirements.
The filing fee for an application shall be as set forth by resolution of the
city council.
Application Processing Procedures and Notice.
1.
2.
The application shall be subject to review by the planning department to
determine if the application is complete.
Upon deeming the application complete, the planning department shall
send a notice to the applicant, property owner, the owners and tenants of
property of the five parcels located closest to the subject property, and to
all members of the planning commission. The notice shall indicate the
date upon which the community development director will act on the
permit and the intended action to be taken by the community
development director. Such notices shall be mailed, via first class mail, a
minimum of fifteen days prior to date that action is to be taken.
Development Standards. The community development director shall determine
from data submitted whether the proposed beekeeping use and any related
structures proposed for the beekeeping use will meet the development standards
prescribed below, as determined by the community development director.
1.
2.
3.
4.
One bee colony and/or hive box will be allowed in single-family
residential parcels which are greater than ten thousand square feet in
size. Single-family residential parcels which are greater than forty
thousand square feet may have up to two bee colonies and/or hive
boxes;
No bee colony and/or hive box shall be located closer than twenty-five
feet from any side or rear property line or adjacent residence or
business;
Bee colonies and/or hive boxes shall be located in the rear of the
property to the extent practical and feasible, as determined by the
community development director; and
All properties on which a bee colony and/or hive box are kept must
provide for adequate water sources on the property.
Required Findings. The application may be approved as submitted, disapproved,
conditionally approved; or, the community development director may refer the
G.
H.
requested beekeeping permit to the planning commission for consideration. The
following finding shall be made by the community development director and/or
planning commission: The proposed beekeeping use, location of the bee
colony/hive box, its effect, and the resulting number of beekeeping permits in a
neighborhood will not be detrimental or injurious to property and improvements,
and to the health, safety, and welfare of persons residing or working in the
neighborhood of the proposed use.
Appeals. Appeal from the determination by the community development director
shall be to the planning commission in accordance with the procedures and
subject to the provisions set forth in Section 17 .50.060 of this chapter.
Penalty. Every person violating any provision of this section shall be guilty of a
misdemeanor and subject to Title 4 of the Municipal Code.
(Ord. 16.130, § 4, 8-18-2010)
SAN MATEO
8.28 Bees
Sections:
8.28.005 Permit.
8.28.010 Distance requirements.
8.28.020 Number of hives permitted.
8.28.030 Nuisance when.
8.28.005 PERMIT. No person shall keep bees without applying to, and obtaining
from the building division a permit for their keeping. In determining whether to
grant or deny a permit the building division representative shall be guided by the
provisions of Sections 8.28.010 and 8.28.020; a permit is not permission to
violate Section 8.28.030. (Ord. 1982-1 § 8, 1982).
8.28.010 DISTANCE REQUIREMENTS. No person shall keep any bees in any
hive or like place, unless the same is situated more than twenty-five feet from
any street, car line, inhabited dwelling, church, school, or place of public
assemblage; provided, however, that the owner of a swarm of bees may keep
the same a reasonable time in or on his house when necessary for them to
commence working or to protect them from robber bees, or for wintering. (Prior
code § 64.60).
8.28.020 NUMBER OF HIVES PERMITTED. No person shall keep or maintain
more than one hive or swarm of bees per detached single family dwelling within
the city, except two hives will be permitted in a R-1 district when the lot exceeds
ten thousand square feet in size. (Ord. 1982-1 § 9, 1982: prior code § 64.61 ).
8.28.030 NUISANCE WHEN. No person shall keep bees in any place in such
quantities as to create a source of constant annoyance or discomfort to any
person.
Within the meaning of this chapter, a condition where hives of bees are kept so
closely together, and in such numbers, that the bees there maintained enter any
property other than where the bees are kept and there sting any person, or
interfere with his comfort, such person not having specially provided anything to
attract bees, and such condition continues for a period of over one day, shall be
held to be the keeping of bees in a place in such quantities as to create a source
of constant annoyance and discomfort to a person, and is a nuisance. (Ord.
1982-1 § 10, 1982: prior code§ 64.62).
SANJOSE
BEEKEEPING
Sections:
7.60.500 Wild swarms of bees prohibited.
7.60.510 Permit required for beekeeping.
7.60.520 Compliance required.
7.60.530 Beekeeping permit -Period of validity.
7.60.540 Application requirements.
7.60.550 Fees.
7.60.560 Permits not transferable.
7.60.570 Criteria for approval.
7.60.580 Beehives situate in the OS Open Space, A Agricultural, Industrial, Manufacturing
Districts and PD Districts.
7.60.590 Exceptions.
7.60.600 Denial or revocation of the permit.
7.60.610 Permit denial or revocation hearing notice.
7.60.620 Permit denial or revocation hearing procedure.
7.60.630 Permit denial or revocation hearing decision.
7.60.640 No new permit after denial or revocation.
[J 7.60.500 Wild swarms of bees prohibited.
It is unlawful for any person to keep, maintain, or allow remaining on any lot or parcel, which
such person owns or resides, any wild swarm of bees.
(Ord. 28079.)
r-1 w 7.60.510 Permit required for beekeeping.
It is unlawful for any person to keep or maintain any hive of bees on any lot or parcel within the
city without first obtaining a permit in accordance with this part.
(Ord. 28079.)
wl 7.60.520 Compliance required.
It is unlawful for any person to keep or maintain any hive of bees on any lot or parcel within the
city in violation of this part.
(Ord. 28079.)
Wl 7.60.530 Beekeeping permit -Period of validity.
A. A permit may be issued by the administrator, for uses specified by this part, where such
use meets criteria for assuring that the use does not create such potential impact on residents of
properties adjoining lots or parcels upon which beehives are maintained.
8. A permit may be granted by the administrator only if all of the criteria for the use specified
in this part are met. The criteria for a permit for such use are set forth in Sections 7.60.530,
7.60.550, 7.60.560 and 7.60.570.
C. The permit is valid for a period of twelve ( 12) months from the date of issuance.
(Ord. 28079.)
lJ 7.60.540 Application requirements.
A written application for a permit under this part must be filed with the administrator on the
form provided by the administrator. The application must be signed by an owner or lawful tenant
of the lot or parcel for which the application is submitted.
(Ord. 28079.)
i:::Jl 7.60.550 Fees.
Fees for the permit must be set forth in the schedule of fees adopted by resolution of the city
council. No application may be accepted as complete until all fees so imposed have been paid.
(Ord. 28079.)
k~ 7.60.560 Permits not transferable.
The permit may not be sold, assigned or transferred, and may cover only the premises
designated and the person to whom the permit was originally issued.
WI 7.60.570 Criteria for approval.
The applicant must declare under penalty of perjury that the location for the beehive(s) sought
is and at all times will be maintained in conformity to each and every one of the following criteria:
A. No more than two (2) hives may be maintained on any lot or parcel.
8. The owner's name, address, and location of all such hives must be registered with the
office of the Santa Clara County Agriculture Commission.
C. No hive may be kept or maintained within ten (10) feet of any side property line on the lot
or parcel upon which such hives are situate, or within fifty (50) feet of any dwelling unit other than
that occupied by the person maintaining the hive or hives.
D. No hive may be kept or maintained within any required front or side setbacks.
E. All hives must be oriented so that their entrances face a house or building on the
premises and must be surrounded by a solid fence not less than six (6) feet in height, located no
farther than thirty (30) feet from such hives. Said fence may be open on that side facing a house
or building on the premises. This condition may be met by locating such hives upon or affixed to a
building or structure so that their entrances are more than ten (10) feet from the ground and face
a house or building on the premises.
F. A constant water supply adequate to the needs of all hives located on the premises must
be maintained on those premises.
(Ord. 28079.)
Q 7.60.580 Beehives situate in the OS Open Space, A Agricultural, Industrial, Manufacturing
Districts and PD Districts.
Notwithstanding the provisions of Sections 7.60.510 and 7.60.570, beehives may be kept or
maintained without the issuance of a permit on lots or parcels situate in the OS, A agricultural,
industrial, manufacturing districts and PD districts zoned for such uses (excluding, however, such
lots or parcels being used for residential or commercial legal nonconforming uses) provided such
beehives are situate more than one hundred fifty (150) feet from any dwelling unit, excluding the
dwelling unit on the lot or parcel whereon such hives are situate, and at least one hundred (100)
feet from any public street or roadway or public access. The requirements of Section 7.60.570 B.,
D., and F. apply.
(Ord. 28079.)
IJ 7.60.590 Exceptions.
The city council finds that the maintenance of beehives within the city not in compliance with
the regulations contained in Sections 7.60.510, 7.60.570 and 7.60.580 constitute a public
nuisance. The regulations contained in said Sections are adopted for the general welfare of the
residents of the city. The regulations are primarily adopted for the purpose of enhancing the
welfare of residents of properties adjoining lots or parcels upon which beehives are maintained
and such persons are found to be specifically affected by the maintenance of such beehives.
Therefore, the requirements of Subsection C. of Section 7.60.570 or the distance restriction set
forth in Section 7 .60.580 are not applicable if the person desiring to maintain the hive, or hives,
files with the administrator the written consent of the residents of the adjoining properties and
dwelling units from which the distance limitations contained in Subsection C. of Section 7.60.570
and Section 7.60.580 are to be measured. Such written consent may be revoked by the grantor
or successor resident following at least thirty (30) days written notice to the person in control of
such hive or hives, and by filing a copy thereof with the administrator.
(Ord. 28079.)
lJ 7.60.600 Denial or revocation of the permit.
The administrator may deny or revoke a permit issued pursuant to this part in any of the
following situations:
A. The administrator has determined by inspection of the premises where the hive or hives
are maintained that the applicant cannot comply with the requirements of this part, the title, or
applicable state law, or the permit holder is in violation of the permit conditions.
B. The administrator has reason to believe that the applicant or permit holder has willfully
withheld or falsified any information required for a permit.
(Ord. 28079.)
lJ 7.60.610 Permit denial or revocation hearing notice.
If the administrator seeks to deny the application or revoke the permit, the administrator must
send the applicant or permit holder a notice of intent to deny or revoke, which must state the
following:
1. The reasons for the denial or revocation;
2. That the applicant or permit holder must remove all hives from the premises covered
by the permit or permit application, within ten (10) business days after service of the notice of
intent to deny or revoke. Service may be personally or by first-class mail, postage prepaid;
3. That the applicant or permit holder may appeal the intended decision by requesting a
hearing in writing;
4. That the request for a hearing must be received by the administrator within five (5)
business days after service of such notice if he or she wishes to challenge the denial or
revocation. Service may be personally or by first-class mail, postage prepaid;
5. If the written appeal to the hearing officer is made, the applicant or permit holder may
maintain the hive or hives on the premises if the maintenance of the hive or hives on the
premises pending the hearing will not unreasonably impact the public health and safety of the
neighboring community;
6. That the failure to request a hearing within the time specified may result in the seizure
of the hive or hives; and
7. That the failure to appeal the administrator's intended decision terminates the
applicant or permit holder's right to a hearing.
(Ord. 28079.)
Wl 7.60.620 Permit denial or revocation hearing procedure.
A. Upon receipt of a request for a permit denial or revocation hearing, the hearing officer
must set the date, time, and place for the hearing. The hearing officer must cause notice of the
hearing to be mailed to the person requesting a hearing at least five (5) business days before the
date of the hearing.
B. At the hearing, the applicant or permit holder and the administrator may be represented
by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do
not apply. Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs.
C. Any witness appearing may present evidence.
D. The hearing officer may also cause notice to be sent to the owners of each property
within three hundred (300) feet of the property designated in the permit or permit application. This
notice must state:
1. The date, time, location, and nature of the hearing;
2. The reasons for the denial or revocation; and
3. That the parties notified have a right to present any relevant evidence with regard to
the denial or revocation of the permit.
(Ord. 28079.)
[J 7.60.630 Permit denial or revocation hearing decision.
A. The decision of the hearing officer is final. Any appeal of the final administrative decision
must be pursuant to Section 1.16.010.
B. The hearing officer's decision must be supported by evidence on the record.
C. If the hearing officer upholds the decision to deny the permit application or revoke the
permit, then the hearing officer may direct that the owner and the person with a right to control the
hive or hives remove all hive or hives from the premises covered by the permit or permit
application within ten ( 10) business days after service of the decision. Service may be personally
or by first-class mail, postage prepaid.
(Ord. 28079.)
WI 7.60.640 No new permit after denial or revocation.
If a permit has been denied or revoked, the administrator may not accept a new permit
application from the same person for the same activity at the same location during the six-month
period after such denial or revocation, unless the applicant shows, and the administrator finds by
inspection and/or investigation, that the grounds upon which the previous application was denied
or the permit revoked no longer exist.
(Ord. 28079.)
Text of Regulations Regarding Bees and Beekeeping in Seven San Mateo
County Jurisdictions with Restrictions
TABLE OF CONTENTS
Jurisdiction
Foster City
Burlingame
Hillsborough
Pacifica
Redwood City
San Carlos
San Mateo
Status
Banned
Restricted by distance (200 ft)/
Number (1-2)
Restricted by distance (SO ft)/
Number (3); nuisance defined
Permit required; Restricted by
Distance (200 ft); neighbor notification
Restricted by distance (150 ft);
Nuisance defined
Bee/ Beekeeping
Regulations
p.2
pp. 3-4
p.5
pp. 6-8
pp. 9-10
Permit required; Restricted by distance pp. 11-14
(10-50 ft), zoning (single-family residential);
lot size (10,000 sq ft and up);
hive numbers (1-2); requirements re hive
orientation, screening, water
Permit required; Restricted by pp. 15-16
Distance (25 ft), zoning (R1 ?),
and parcel size ( <> 10K sq ft);
hive numbers (1-2); nuisance defined
Foster City
My Summary
• Beekeeping is prohibited in Foster City.
• The Animal Control Program is under the jurisdiction of the county
environmental services agency.
Text
Title 6 -Animal Control
Chapter 6.04 Animal Control
6.04.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Animal control program" means that program within the division of animal control
services of the environmental services agency of the county, or the county's
designated contract agent or both, which is specifically charged with regulating and
enforcing laws dealing with animal control within its jurisdiction.
"Director of environmental services agency" means that person so designated by the
governing body of the county of San Mateo.
6.04.320 Keeping of other animals prohibited.
It is unlawful to keep any of the following:
A. Any fowl, reptile or animal which normally lives in a wild habitat and is a
curiosity to the local community, whether wild or domesticated at the time of its
keeping;
B. Domestic fowl; or
C. Bees.
(Ord. 521§1 (part), 2005)
Burlingame
My Summary
• Hive Numbers and Distance Requirements: One hive allowed on any single lot,
piece or parcel of land, and beyond that hives must be within 200 ft of any
dwelling or house (according to City Attorney's latest interpretation).
• Educational, permitted research, and resale organizations are exempt.
• Honey bees not considered a venomous, exotic animal according to 9.08.050
Link to the Municipal Code
Text
9.04.010 Definitions.
As used in this chapter:
(b) "Animal control program" means that program within the division of
animal control services of the environmental services agency of the county, or the
county's designated contract agent or both, which is specifically charged with
regulating and enforcing laws dealing with animal control within its jurisdiction.
9.08.040 Bees.
It is unlawful to keep, maintain or permit more than one hive of bees upon any
single lot, piece or parcel of land, within two hundred (200) feet of any dwelling
house. (1941Code§1336) [See email below clarifying meaning*]
9.08.050 Prohibited animals.
It is unlawful to keep or maintain or cause to be kept or maintained within the
city any horse, mule, cow, sheep, goat or exotic animal.
"Exotic animal" means any of the following:
( e) Any species of animal which is venomous to human beings whether its
venom is transmitted by bite, sting, touch or other means, except bees. (1941 Code
§ 1337, Ord. 1088 § 3, (1976))
9.08.060 Nuisances.
The keeping or maintaining of any animal or bees otherwise than as provided
in this chapter shall constitute a nuisance. (1941Code§1338, Ord. 1088 § 4,
(1976))
9.08.070 Exemptions.
The provisions of this chapter are not applicable to the following:
(a) Owners who use animals for diagnostic purposes or research, and who have
a valid permit issued by a governmental agency and whose animals are kept on the
premises specified in the permit;
(b) Owners who use animals for teaching purposes in recognized educational
institutions and whose animals are kept on the premises of the institution or other
authorized place;
(c) Owners of establishments which treat or board animals on the premises and
which are owned or operated by veterinarians licensed by the state of California;
( d) Owners of establishments licensed to keep animals for the purpose of resale
whose animals are kept on the premises of such establishment or other authorized
place. (Ord. 1088 § 5, (1976))
* Email following from Susan Harris, Code Enforcement Officer, Burlingame
clarifying meaning of 9.09.040 Bees (May 24, 2013)
*********
Nickie,
I have discussed interpretation of Burlingame Municipal Code Section
9.05.040 with our current City Attorney, Kathleen Kane, and the City has
interpreted this code to act as a 1 hive per parcel limit within the
City.
Sue Harris
-----Original Message-----
From: ATTY-Harris, Susan
Sent: Thursday, May 09, 2013 9:43 AM
To: 'Nickie Irvine'
Subject: RE: question on Burlingame bee ordinance
Nickie,
This question has been raised in the past and our City Attorney at that
time advised this regulation means:
One (1) hive per parcel of land and that hive cannot be closer
than two hundred (200) feet from any dwelling, including the bee hive
owner's dwelling.
I will check with our current City Attorney to verify that the above
interpretation continues to be valid. Please note that our City Attorney
is away from the office until early next week.
Sue Harris
**********
Hillsborough
My Summary
• Hive Numbers per Lot and Distance Requirements: A total of no more than three
bee colonies may be kept on any property in Hillsborough, and must be located
more than SO ft from any street, dwelling or place of public assemblage (with a
temporary management exception).
• Hive Numbers per Person: A bee owner may keep a total of no more than three
colonies within the town of Hillsborough, even if on different properties.
• Enforcement by the Animal Control Program is under the jurisdiction of the
county environmental services agency.
• Feral bee colonies are allowed.
• Definition of hives and swarms is not clear, and seem to be used
interchangeably.
• Regulations about keeping bees in a dwelling are confusing from a beekeeping
perspective.
Text
Title 6: Animals
Section 6.04.010 Definitions
As used in this title:
"Animal control program" means that program within the division of animal control
services of the environmental services agency of the county, or the county's
designated contract agent or both, which is specifically charged with regulating and
enforcing laws dealing with animal control within its jurisdiction.
"Director of environmental services agency" means that person so designated by the
governing body of the county of San Mateo.
6.24.010 Bees and wasps
Except as may occur naturally and without human aid or encouragement, no person
shall keep, or allow to be kept, on any property within the town, any gathering of
wasps. The same rule shall apply to bees unless the following conditions are met:
A. The bee hive or like place is situated more than fifty feet from any street,
dwelling, or place of public assemblage, or the bees are in or on the dwelling of the
owner of the swarm when reasonably necessary to allow the bees to commence
working, to protect them from robber or killer bees, or for wintering.
B. The total number of hives or swarms kept within the town by the owner of the
bees does not exceed three, and no more than three hives or swarms are kept on
any one residential property within the town ("residential property" meaning the
legal parcel or contiguous legal parcels which together are used as the location for
one residence).
(Ord. 595 § 1 (part), 1999: Ord. 560 § 2 Exh. A (part), 1997)
Pacifica
My Summary
• Permit Required: Animal Control requires a permit to keep bees (Municipal code
6.1.102).
• Pacifica's Administrative Policy No. 35 on Standards for Keeping Animals/
General Standards 4 Honeybees requires:
o Distance and Notification Requirements:
• Honeybees may be kept if they are at least 200 feet from any habitable
structure, public thoroughfare, or public or private playground.
• A distance variance may be granted if the Building Official and the Animal
Advisory Commission determine that the public safety will not be impaired.
• Adjoining property owners within 200 ft will be notified of any permit
hearing.
o Beekeepers shall maintain beehives and control disease in conformance with
latest State Department of Agriculture directives.
Text
Code of Ordinance
Title 6. Sanitation and Health
Chapter 1. Animal Control
Article 1. Animal Control
Sec. 6-1.102. Permits: Required.
The Council shall adopt any required administrative policies which specify
circumstances in which fees are required for permits to keep animals or maintain
certain uses of property concerning animals. In each instance in which a fee is
specified, a permit shall be required to keep such animals or maintain such uses as
follows:
( d) Honeybees; (§ III, Ord. 381-C.S., eff. December 14, 1983)
Pacifica Administrative Policy No. 35: Standards for Keeping Animals
Date issued October 1983, Revised September 1985 and April 1992
PURPOSE
To provide standards in addition to applicable state or county rules and regulations
to guide the City Staff and the Animal Advisory Commission in the issuance and
renewals of animal permits.
POLICY
The Building Official and the Animal Advisory Commission 1) shall periodically
review and recommend City council revisions of these standards; and 2) shall
implement these standards when considering issuance or renewal of any animal
permit.
1. Permits required. A permit is required from the City for all animals
identified by the Administrative Policy with the following exemptions:
A. Less than five (5) small animals or not more than two (2) of the same
genus.
B. Less than seven (7) psittacine (hook-bill birds) or passerine (soft bill
birds).
C. Animals less than four ( 4) months of age if they are the offspring of
animals of the dwelling.
D. Horses or other livestock actually used in commercial farming operations
on the parcel of land where they are kept.
2. Permits issued. When it appears that all applicable City, County and State
regulations are being met by the applicant in the keeping of animals, and applicable
fees have been paid, a permit will be issued by the Building Division of the
Community Development and Services Department.
3. Permit inspections. The Building Official will make or cause to be made an
annual or bi-annual inspection of the premises where animals are kept by permit of
the City of Pacifica.
Permit revocations. Any permit issued by the City of Pacifica may be revoked if after
investigation any of the following are found to be true:
A. The owner has been convicted of any offense involving the violation of
Section 597 of the Penal code, or any provision of the Administrative
Policy, or is in violation of the zoning, health, and safety, or building
ordinances relating to the keeping of animals.
B. The owner has failed to keep and maintain the premises or housing for
the animals in clean and sanitary condition.
C. The owner has, at the place for which the permit is issued, failed to
provide any animal with proper food, water, or shelter.
D. The owner has violated any applicable City, County or State rules,
regulations or conditions of the permit as imposed by the Building Official
and the Animal Advisory Commission.
5. Permit fees. Fees for all animal permits are found in Administrative Policy #2.
GENERAL STANDARDS
It shall be unlawful for any person who owns an animal to fail to do all of the
following:
A. Maintain the facilities used for the keeping of animals in a safe and
sanitary environment free of toxic or dangerous materials.
B. Provide adequate shelter from the elements with proper heating,
ventilation and drainage.
C. Provide adequate nutrition for, and humane care and treatment of, all
animals under care and control.
D. Provide adequate space appropriate to the size, weight and species of pet
animals.
4. Honeybees
A. Honeybees may be kept in the City provided the minimum distance to
any habitable structure, to any public thoroughfare, or to any public or
private playground shall be not less than two hundred (200') feet. A
distance variance may be granted when it has been demonstrated to the
satisfaction of the Building Official and the Animal Advisory Commission
that the public safety will not be impaired by the granting of a variance.
B. The maintenance of beehives and disease control methods shall be in
conformance with latest State Department of Agriculture directives.
C. All property owners within two-hundred (200') feet shall be notified of
the hearing regarding the permit application.
Redwood City
My Summary
• Distance Requirements: Bees may be kept in hives (or "like place") if they are at
least 150 feet from any dwelling house occupied by human beings. Apparently
this includes the beekeeper's house.
• Nuisance Defined: Bees may not be kept in "such quantities as to create a source
of constant annoyance or discomfort to any person" such that they "enter any
inhabited dwelling in the vicinity and there sting any person or interfere with his
comfort, such person not having provided anything to attract bees, and such
condition continues for a period of over one week, is defined, found and declared
to be a nuisance ... "
• The Environmental Health Code of the County of San Mateo with regard to
Rodent and Insect Control (Chapter 4.80) is adopted by reference as city code.
Text
[Note: Not under Ch 5: Animals and Fowl or Ch 13: Environmental Health Code (see
wording for Sec 13.1 below*]
Chapter 21: Offenses and Miscellaneous Provisions
Sec. 21.7. -KEEPING OF BEES-DISTANCE FROM DWELLINGS:
It is hereby declared unlawful for any person to keep any bees in any hive or like
place, unless the same be situated at least one hundred fifty feet (150') from any
dwelling house occupied by human beings.
(Ord. No. 581, § 1)
Sec. 21.8. -KEEPING OF BEES-IN QUANTITIES TO CREATE ANNOYANCE:
It is hereby declared unlawful for any person to keep bees in any place in such
quantities as to create a source of constant annoyance or discomfort to any person.
(Ord. No. 581, § 2)
Sec. 21.9. -KEEPING OF BEES-DEFINED:
Within the meaning of the preceding section, a condition where hives of bees are
kept so close together and in such numbers that the bees there maintained enter
any inhabited dwelling in the vicinity and there sting any person or interfere with
his comfort, such person not having provided anything to attract bees, and such
condition continues for a period of over one week, is defined, found and declared to
be a nuisance, and shall be held to be the keeping of bees in a place in such
quantities as to create a source of constant annoyance and discomfort to a person.
(Ord. No. 581, § 3)
*Sec. 13.1. -ADOPTED-SCOPE:
The Environmental Health Code of the County of San Mateo, as set forth in Chapter
4.52 Environmental Health Generally, Chapter 4.56 Food Facilities, Chapter 4.60
Fresh Water Sports Areas, Chapter 4.64 Water Supply System, Chapter 4.68 Wells,
except for section 4.68.410 which is not adopted, Chapter 4.76 Chemical Toilets,
Chapter 4.80 Rodent and Insect Control, Chapter 4.84 Individual Sewage Disposal
Systems, Chapter 5.128 Alcohol Warning Signs, Chapter 5.52 Itinerant Restaurants,
and Chapter 5.68 Food Establishments, of the San Mateo County Ordinance Code
establishing health standards for restaurants, itinerant restaurants, mobile food
vendors, caterers, food equipment, public fresh water sports areas, water supplies,
wells, chemical toilets, rodent and insect control and alcohol warning signs, three
(3) copies of which are on file with the City Clerk, are adopted by reference as the
environmental health code for the City. (Ord. No. 2374, § 10, 1-9-12; Ord. No. 2391,
§ 1, 1-28-13)
San Carlos
My Summary
• There is no mention of beekeeping in the municipal code.
• An Administrative Policy regarding beekeeping practices was adopted under the
authority of the Chief of Police who is responsible for Animal Control, which
requires:
o The Community Development Director is designated to enforce regulation of
beekeeping practices and to carry out inspections.
o Permit Required: A permit good for 12 months is required to keep, maintain,
sell, trade any hive and must be obtained by the owner or legal tenant of the
plot or parcel accompanied by maps, site plans, and other drawings, or
information required or necessary. The permit must be renewed annually, and
is only good for the premises indicated and for the person designated, and may
not be sold or otherwise transferred to another person.
Text
• Hive Numbers, Lot Size, Zoning: One bee colony is allowed on single-family
residential parcel greater than 10,000 square feet and a second one if the
property is larger than 20,000 square feet. Presumably beekeeping is not
permitted on lots smaller than 10,000 square feet, and not on any other
type of parcel than single family residential.
• Distance Requirements: Hives can be maintained if they are at least 10 feet
from any property line or within 50 feet of any dwelling other than the
beekeeper's.
• Orientation Requirement: Hives must face the building on the premises.
• Screening Requirement: Hives must be surrounded by a 6-ft tall, solid fence.
• Water Requirement: The bees must be provided with a constant water
source adequate to their needs.
• Owner Identification Requirement: The fact that there are bee hives on the
property must be identified with a sign at the property entrance showing
the name of the owner, and his address and telephone number. The sign
shall be lettered in black at least one inch in height on a white or light
background.
CITY OF SAN CARLOS
BEEKEEPING PRACTICES
ADMINISTRATIVE POLICY
PURPOSE:
The City supports an efficient and humanely enforced animal control program
specified in Chapter 6.04 of the City of San Carlos Municipal Code. The purpose of
this policy is to protect the interests of San Carlos residents and to reinforce public
health, safety and welfare, by adopting consistent and standard procedures for
beekeeping practices.
As the Municipal Code affords responsibilities for Animal Control program to Police
Chief or his/her designee, this policy is issued with the authority of the Chief of
Police to designate the Community Development Director to enforce policies,
procedures, rules and regulations as they relate to beekeeping practices within San
Carlos city limits.
This policy supplements the Animal Control Chapter 6.04 of the Municipal Code. The
Municipal Code governs in the event of any conflict.
DEFINITIONS:
"Beekeeping" is defined as the maintenance of honey bee colonies in hives by
humans. A beekeeper keeps bees in order to collect honey and beewax for the
purpose of pollinating vegetation, to produce bees for sale to other beekeepers,
and/ or for purpose satisfying natural scientific curiosity.
"Bee colony" is the group of bees which consists of the queen, the drones, and the
workers, which live in the box or similar receptacle.
"Hive Box" means any box, receptacle, or container made or prepared for the use of
bees, or similar container of which bees have taken possession. A hive box is usually
called a Langstroth deep or super, and is roughly 19.75 inches long, 16.5 inches
wide, and 9.5 inches tall. It contains 10 frames of foundation on which the bees build
comb for producing brood and food. A hive box requires some kind of top board,
some kind of bottom board, and an entrance which is usually incorporated in the
bottom board.
BEEKEEPING PERMIT
It is unlawful for any person to keep, maintain sell or trade any hive of bees on any
lot or parcel within the City without first obtaining a permit under the Animal
Control Chapter, Section 6.04.330 of the Municipal Code.
The purpose of the beekeeping permit is to provide appropriate review and
consideration of small scale beekeeping under the direction of the Community
Development Director or his/her designee, and to ensure that beekeeping on
certain-sized parcels in single-family residential zones will not be detrimental or
injurious to property and to the health, safety, and welfare of persons residing or
working in the neighborhood of the proposed use.
A. Permit Requirements
1. A permit may be granted only if all of the criteria for the use specified in Section
6.04.340 of the Municipal Code and this policy are met.
2. Application for a beekeeping permit must be made on the form prescribed for this
purpose by the City and filed with the Community Development Department. The
application must be signed by an owner or lawful tenant of the lot or parcel for
which the application is submitted.
3. The application must be accompanied by such maps, site plans, and other
drawings, or information required or necessary to enable the Community
Development Director or his/her designee to make the determinations.
4. No more than two (2) hives may be maintained on any lot or parcel. One (1) bee
colony and/or hive box will be allowed in single-family residential parcels which are
greater than 10,000 square feet in size, provided, that for every 10,000 feet in excess
of 10,000 square feet, there may be one additional hive.
5. No hive may be kept or maintained within ten (10) feet of any property line on
the lot or parcel upon which such hives are suitable, or within fifty (50) feet of any
dwelling unit other than occupied by the person maintaining the hive( s).
6. Hives entrances must be oriented to face a house or building on the premises.
Hive must be located in an area of the property which is surrounded by a solid fence
not less than six (6) feet in height.
7. All properties must provide constant water supply adequate to the needs of all
hives located on the premises.
8. Every person maintaining bees on the premises shall identify the bee hives by
affixing and maintaining a sign on the property entrance showing the name of the
owner, and his address and telephone number. The sign shall be lettered in black at
least one inch in height on a white or light background.
9. The Community Development Director or his/her designee shall inspect the
premises upon which the bee hives are to be located and determine that the
premises meet the conditions specified in this policy and that the issuance of a
permit will not be detrimental to the public health, safety and welfare.
10. The permit is valid for a period of twelve (12) months from the date of issuance
and is subject to renewal and approval each year pending conditions and
requirements existing as of the date of renewal.
11. The permit may not be sold, assigned or transferred, and may cover only the
premises designated and the person to whom the permit was originally issued.
12. The filing fees for the permit application, inspection and signage must be
determined under the City's Uniform Fee Schedule and adopted by resolution of the
City Council. No application may be accepted as complete until all fees have been
paid.
ENFORCEMENT:
Community Development Department has the right to inspect the premises of each
bee keeper at such additional times as it deems necessary. The Community
Development Director or his/her designee may investigate or require any further
information or documentation, which would assist in determining whether the
statements made by the applicant are correct and whether the permit should be
issued.
B. Denial or Revocation of the Permit
Community Development Director or his/her designee may deny or revoke a permit
issued pursuant to this policy in any of the following situations:
1. It was determined by inspection of the premises where the hive( s) are maintained
that the applicant cannot comply with the requirements of this policy, the Municipal
Code, or applicable State law, or the permit holder is in violation of the permit
conditions.
2. The beekeeper refuses to permit the animal control officer a reasonable right of
inspection of the premises to ensure compliance with applicable State law, the
Municipal Code, and this policy.
3. The beekeeper fails to file an application for permit renewal or pay the permit fee
prior to the permit anniversary date.
4. Community Development Director or his/her designee has a reason to believe
that the applicant or permit holder has willfully withheld or falsified any
information required for a permit.
5. The proposed beekeeping use, location of the bee colony /hive box, its effect, and
the resulting number of beekeeping permits in a neighborhood will be detrimental
or injurious to property and to the health, safety, and welfare of persons residing or
working in the neighborhood of the proposed use.
PERMIT REVOCATION PROCESS:
Per Section 6.04.360 of the Municipal Code, a permit may be revoked or suspended
in the following manner: A notice of intention to revoke beekeeping permit shall be
mailed to the applicant specifying wherein he/she has failed to comply with any
terms or conditions specified in the permit, the Municipal Code, this policy, or any
other law. The notice will require the permittee to appear before the City Manager
at a date and hour specified not less than five days after the mailing of such notice to
the permittee, and showing cause why the permit should not be revoked or
suspended. At such time and place, the permittee shall have the right to appear in
person or by counsel and introduce such evidence as he/she may desire. A
permittee dissatisfied with the decision may appeal to the City Council which shall
hold a public hearing on the matter. The City Council may continue the hearing from
time to time. The decision of the City Council shall be final.
San Mateo
My Summary
• Permit Requirement: A building division permit is required to keep bees.
• Distance Requirement: Bees may be kept in a hive located more than 25 feet from
any street, car line, inhabited dwelling, church, school, or place of public
assemblage
• Hive Numbers: One hive -or swarm of bees [sic] -are permitted per detached
single family dwelling on lots less than 10,000 square feet, and two hives in R1
zoning on lots greater than 10,000 square feet. Note: wording is unclear about
keeping bees in other zones or in attached/ multiple dwellings.
• Nuisance Defined: Bees may not be kept in "such quantities as to create a source
of constant annoyance or discomfort to any person" such that they "enter any
inhabited dwelling in the vicinity and there sting any person or interfere with his
comfort, such person not having provided anything to attract bees, and such
condition continues for a period of over one week, is defined, found and declared
to be a nuisance ... "
• Regulations about keeping bees in a dwelling are confusing from a beekeeping
perspective.
Text
8.28 Bees
Sections:
8.28.005 Permit.
8.28.010 Distance requirements.
8.28.020 Number of hives permitted.
8.28.030 Nuisance when.
8.28.005 PERMIT. No person shall keep bees without applying to, and obtaining
from the building division a permit for their keeping. In determining whether to
grant or deny a permit the building division representative shall be guided by the
provisions of Sections 8.28.010 and 8.28.020; a permit is not permission to violate
Section 8.28.030. (Ord. 1982-1§8, 1982).
8.28.010 DISTANCE REQUIREMENTS. No person shall keep any bees in any hive or
like place, unless the same is situated more than twenty-five feet from any street,
car line, inhabited dwelling, church, school, or place of public assemblage; provided,
however, that the owner of a swarm of bees may keep the same a reasonable time in
or on his house when necessary for them to commence working or to protect them
from robber bees, or for wintering. (Prior code§ 64.60).
8.28.020 NUMBER OF HIVES PERMITTED. No person shall keep or maintain more
than one hive or swarm of bees per detached single family dwelling within the city,
except two hives will be permitted in a R-1 district when the lot exceeds ten
thousand square feet in size. (Ord. 1982-1§9, 1982: prior code§ 64.61).
8.28.030 NUISANCE WHEN. No person shall keep bees in any place in such
quantities as to create a source of constant annoyance or discomfort to any person.
Within the meaning of this chapter, a condition where hives of bees are kept so
closely together, and in such numbers, that the bees there maintained enter any
property other than where the bees are kept and there sting any person, or interfere
with his comfort, such person not having specially provided anything to attract bees,
and such condition continues for a period of over one day, shall be held to be the
keeping of bees in a place in such quantities as to create a source of constant
annoyance and discomfort to a person, and is a nuisance. (Ord. 1982-1 § 10, 1982:
prior code § 64.62).
Beekeeping regulations on private property with Santa Clara County.
The issue:
The existing rules for keeping bees on private property within the County Of
Santa Clara are prohibitive to the average landowner.
Compared to most neighboring communities, the existing rules and regulations
effectively prohibit the keeping or private apiaries (aka: "Backyard Beekeeping")
By modern standards, requiring 300' to 1000' clearance from buildings, roads
and property lines is unrealistic. While this may have been appropriate back in
the days when Santa Clara Country was mostly farmland and orchards, the
current regulations are out-of-date and are no longer in keeping with the
prevailing standards of the community. In short, the current standards effectively
prohibit individuals from be able to keep honeybees on private land.
For example:
• You can keep beehives in the backyard of your Santa Cruz bungalow.
• You can keep beehives in the backyard of your San Mateo track house.
• You can keep beehives on the roof (or on the balcony!) of your San
Francisco apartment.
• You CANNOT keep beehives on your% acre home, hidden in the
mountains off of route 17, let alone in any of the more suburban
neighborhoods of Santa Clara County.
While there currently is a stipulation that you could get a variance to the stated
distances of 300' -1000', this would require that you get signed, written
permission from every homeowner with 1000' of your residence. It is unrealistic
to place this burden on the beekeeper, and the reality is that it is essentially
impossible to get 100% approval in ANY community on ANY topic, regardless of
the issue.
The resolution:
The current regulations should be revised to be more in line with the regulations
that have been adopted by most of the surrounding communities. (see attached
comparative spreadsheet) It is not a necessity to go as far as the City of San
Francisco recently did in remove ALL regulations, but is recommended that the
County Of Santa Clara re-evaluate it's regulations to be more realistic, and more
in keeping with the modern standards of the surrounding communities.
BEEKEEPING REGULATIONS IN BAY AREA COMMUNITIES
DISTANCE PERMISSION FROM
DISTANCE FROM DISTANCE FROM NEIGHBOORS WARNING SIGNS
LOCATION PROPERTY LINE FROM ROAD BUILDINGS REQUIRED? REQUIRED?
San Mateo n/a 25' 25' no no
Santa Cruz 20' n/a n/a no no
Scotts Valley 25' n/a n/a no no
San Jose 10' n/a 50' no no
written permission
required of all neighboors
Santa Clara County 300' -1000' 300' 1000' within 1000' YES
San Francisco no regulation
THE FACTS ABOUT HONEYBEES
• Wild honeybees are dying off in
numbers never before recorded
and science does not know why.
• 90% of the worlds honey bees
have ALREADY DISSAPPEARED
due to CCD (Colony Collapse
Disorder)
• Albert Einstein predicted: "If
the bee disappeared off the
surface of the globe, then man
would only have four years of
life left."
• "Backyard Beekeepers" allow new
colonies of bees to be created
without all the stressors of
industrialized bees. Many studies suggest that eight decades of these stressors
have contributed to CCD.
• Honey bees are already everywhere. Preventing "backyard beekeeping" will not
prohibit bees from being in your neighborhood by any appreciable amount.
• Bees are not aggressive: they are defensive, and will only attack if their hive is
disturbed.
• African Honeybees ("Killer'' bees) could not withstand one Northern California
winter. If they ever did arrive this far north, they would be repelled by the local
species of honey bees within weeks.
• Only 1 person in 2000 are truly allergic to honeybee venom. In the event of a
sting, the majority of those people can prevent an allergic response by using over-
the-counter Benadryl products.
• Most "bee stings" are really from wasps and yellowjackets. Bees will only sting as
a last resort, since the act of stinging kills the bee.
• Major cities that have recently legalized "backyard beekeeping" :
NEW YORK CITY.
DETROIT
CLEVELAND
SAN FRANCISCO