Fairfield Municipal Code Art. IV Beekeeping

For the purpose of this article, the following words and terms shall be deemed to mean and to be construed as follows:

"Bees"

mean 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.

"Hives"

mean any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box or similar container of which bees have taken possession.

"Wild swarms of bees"

means any colony of bees which becomes established upon a lot or parcel or in anything other than a hive.

No person shall keep or maintain any hive of bees on any lot or parcel within the city without first obtaining a permit in accordance with this article.

Applicant shall 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:

(1) No more than two hives shall be maintained on any lot or parcel.

(2) The owner’s name, address and location of all such hives shall be registered with the office of the Solano County agriculture commission.

(3) No hive shall be kept or maintained within 10 feet of any side property line on the lot or parcel upon which such hives are situate, or within 50 feet of any dwelling unit other than that occupied by the person maintaining the hive or hives.

(4) No hive shall be kept or maintained within any required front or side setbacks.

(5) 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.

(6) A constant water supply adequate to the needs of all hives located on the premises shall be maintained on those premises.

(7) No hive shall be kept or maintained with 200 feet of a dwelling occupied by any person systemically allergic to bee stings.

(8) No hive shall be kept or maintained on any lot or parcel which adjoins a lot or parcel that is occupied by any person systemically allergic to bee stings.

The criteria set forth in sections 3.44, 3.46, and 3.47 shall be deemed to be conditions of any administrative permit for the placement of beehive(s), and failure to adhere to said criteria shall be a violation of this article.

Notwithstanding the provisions of sections 3.43 and 3.44, beehives may be kept or maintained without the issuance of a permit on lots or parcels situate in the NRC, 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 feet from any dwelling, excluding the dwelling on the lot or parcel whereon such hives are situate, and at least one hundred feet from any public street or roadway or public access; provided, however, the requirements of section 3.44, (2), (4), and (6) shall apply.

The city council finds that the maintenance of beehives within the city not in compliance with the regulations contained in sections 3.43, 3.44, and 3.46 constitutes 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 (3), (7) and (8) of section 3.44, or the distance restriction set forth in section 3.46, shall not be applicable if the person desiring to maintain the hive, or hives, shall file with the director of planning and development the written consent of the residents of the adjoining properties and/or dwelling units from which the distance limitations contained in subsection (3), (7) and (8) of section 3.44 and section 3.46 are to be measured. Such written consent may be revoked by the grantor or successor resident following at least thirty days’ written notice to the person in control of such hive or hives, and by filing a copy thereof with the director of planning and development.

An administrative permit shall be issued by the director of planning and development for uses specified by this article 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.

A written application for an administrative permit under this article shall be filed with the department of planning and development upon the form provided by city. Said application shall be signed by an owner or lawful tenant of the lot or parcel for which the application is submitted.

A permit shall be granted by the director only if all of the criteria for the use specified in this article are met. The criteria for an administrative permit for such use are set forth in sections 3.44, 3.46, and 3.47 of this article.

The director shall deny the application for the administrative permit unless each and every one of the criteria set forth for the use in this article is satisfied.

Whenever an administrative permit is denied hereunder, the director shall notify the applicant in writing of the grounds upon which such denial is based.

The director may issue a notice of noncompliance for any failure to comply with this article, or for failure to comply with any state law or local ordinance if the use creates a public or private nuisance or in any way adversely affects the peace, health, safety, or welfare of the community. Such notice shall be sent by certified mail to the permit holder at the address shown on the permit.

If the noncompliance, nuisance or adverse effect is not abated, corrected or rectified within the time specified in said notice, the director may issue an order to show cause why such permit shall not be revoked. Such order shall be served on the permit holder personally or sent by certified mail to the address listed in the permit. It shall set forth the date of a hearing, while shall be not less than ten days from the date of service of such notice, unless the director finds that public health or safety requires immediate action, in which case the hearing may be sooner.

A hearing shall be held by the director during which the permit holder and any other interested party may present evidence. After considering all evidence presented, the director shall determine if there is good cause and sufficient grounds to revoke such permit. A written order stating the basis for the decision shall be issued. If the permit is revoked, the permit holder shall have ten days to terminate the use on the premises. The decision of the director shall be final.

Fees for the administrative permit shall be set forth in the schedule of fees established by resolution of the city council. No application shall be accepted as complete until all fees so imposed have been paid.

A permit issued hereunder may not be transferred or assigned.

No person shall keep, maintain, or allow to remain on any lot or parcel which such person owns and/or resides any wild swarms of bees.

It is the intent of the city to continue to utilize the services of the County of Solano with respect to the impoundment of animals at the county pound. In this regard, Chapter 4 of the Solano County Code and Ordinances 1101 and 1160 amending said chapter are adopted in their entirety by the city council as they apply to the appointment of a poundmaster, charges, fees, etc. To the extent that any of the provisions of the county ordinance are in conflict with or contrary to the provisions contained herein, the provisions contained in this ordinance shall be controlling.

(Ord. No. 85-39, § 1; Ord. No. 86-31, § 2)