Cupertino Municipal Code Ch. 8.07 Beekeeping

This chapter is enacted to provide for beekeeping, including urban beekeeping, activities within the City while minimizing impacts to surrounding properties through the establishment of beekeeping regulations. (Ord. 16-2158, § 1, 2016)

For the purposes of this chapter, the following definitions apply, unless it is apparent from the context that a different meaning is intended. “Apiary” means a collection of bees, hives, and any accessory appliances.

A. “Agricultural Apiary” means an apiary kept as a principal use on any property.

B. “Urban Apiary” means an apiary kept as an accessory use pursuant to Section 19.100.020, Accessory Uses and Facilities.

“Bees” means any state of the common domestic honey-producing insects of the species apis mellifera. “Hive” means any receptacle, container or structure used to house bees. “Location” means any premises upon which an apiary is located. (Ord. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994)

Any person may keep and maintain apiaries in accordance to the following regulations:

A. Location:

1. Agricultural apiaries as permitted in Chapter 19.20;

2. Urban apiaries in all zoning districts;

3. Minimum setbacks:

i. Front property line and/or any public or private street: 20 feet; and

ii. Side or rear property lines and/or driveway easements: Eight (8) feet, unless property owners of adjacent properties or beneficiaries of driveway easements have given written permission to locate hives at a closer distance.

B. Number: Only two hives may be kept or maintained on parcels less than 5,000 square feet in size.

C. Maintenance:

1. A constant supply of fresh water adequate in quantity for the apiary should be provided and maintained on the location.

2. Any apiaries abandoned by beekeepers or disused apiaries shall be promptly dismantled and removed from the location.

D. Registration: All apiaries must be registered with the Santa Clara County Agricultural Commissioner as required by Division 13: Bee Management and Honey Production of the California Food and Agricultural Code commencing at Section 29000, and or as thereafter may be amended.

(Ord. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994)

The maintenance or use of any real property in violation of this chapter, or which creates a condition as defined in Section 1.09.030, is hereby declared a public nuisance, is prohibited and is subject to code enforcement and all other enforcement remedies as provided for in this Code. (Ord. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994)

Any person who violates any provision of this chapter shall be subject to administrative fines and/or penalties pursuant to Chapter 1.10. In addition, 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. 16-2158, § 1 (part), 2016; Ord. 1644, § 2 (part), 1994)