Los Gatos Municipal Code Art. VIII Beekeeping

Footnotes:

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Editor's note— Ord. No. 2294, § 3, adopted Nov. 5, 2019, amended Art. VIII in its entirety to read as herein set out. Former Art. VIII, §§ 4.80.005—4.80.050, pertained to similar subject matter and derived from Ord. No. 1971, § II, adopted Feb. 22, 1994; and Ord. No. 2276, § 1, adopted Sept. 18, 2018.

As used in this article, "abandoned apiary" includes but is not limited to, a colony(s) or hive(s) and equipment a beekeeper has ceased to manage, is deserted, not maintained and/or left unattended, remains without authorization on the property of another, is without proper identification and/or registration, and/or where the owner is unable to be located and/or contacted.

(Ord. No. 2294, § 3, 11-5-19)

As used in this article, "apiary" means bees, hives and appliances wherever the same are kept, located or found, including a fresh water source on the same property not more than one hundred (100) feet away from the hives (not a pool, hot tub nor spa.).

(Ord. No. 2294, § 3, 11-5-19)

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. 2294, § 3, 11-5-19)

As used in this article, "flight dispersing barrier", also called flyover barrier, means a device such as a wall, fence, or dense vegetation or combination thereof that provides an obstruction through which honey bees cannot readily fly. Such barrier must be constructed at a minimum height of six (6) feet from the ground and a maximum height in accordance with Town regulations for fences and accessory dwelling units. Barrier must surround the immediate vicinity of the colony(s) or hive(s) yet leave sufficient space for beekeeper to maintain colony(s) or hive(s). Property line fences or barriers may constitute flight dispersing barriers, if they are sufficiently close to the hive to redirect bee flight up and away from sensitive areas or neighboring properties. Barrier must conform with setback requirements for fences and accessory dwelling units as defined by Town regulations.

(Ord. No. 2294, § 3, 11-5-19)

As used in this article, "hive" 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. 2294, § 3, 11-5-19)

As used in this article, "location" means any premises upon which an apiary is located.

(Ord. No. 2294, § 3, 11-5-19)

As used in this article, "undesirable honey bee behavior" means any behavior exhibited by honey bees from a managed apiary that may result in harm to others. Such behaviors include, but are not limited to, characteristics of Africanized honey bees, bees exhibiting unusually aggressive defensive behavior, such as stinging or attempting to sting without provocation or exhibiting an unusual disposition toward swarming.

(Ord. No. 2294, § 3, 11-5-19)

No apiary shall be moved into the Town or within the confines of the Town without notice in writing being given to the Agricultural Commissioner of the County within thirty (30) days from the date movement is begun, stating:

(a) The number of colonies of bees to be moved into or within the Town.

(b) The location of the property in the Town 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. 2294, § 3, 11-5-19)

(a) Only two (2) hives may be kept or maintained on parcels over five thousand (5,000) square feet but less than ten thousand (10,000) square feet in size.

(b) Only three (3) hives may be kept or maintained on parcels over ten thousand (10,000) square feet in size but less than forty thousand (40,000) square feet in size.

(c) Four (4) hives may be kept on parcels over forty thousand (40,000) square feet in size. One (1) additional hive may be kept for each one-half (½) acre over one (1) acre.

(d) Apiaries on properties under ten thousand (10,000) square feet must be surrounded by a flight dispersing barrier. Apiaries on property over ten thousand (10,000) square feet but under forty thousand (40,000) square feet may require a flight dispersing barrier.

(e) No hives may be kept on multi-family properties without the consent of the owner and all tenants in possession thereof.

(Ord. No. 2294, § 3, 11-5-19)

No apiary shall be located:

(a) In any required front or side setbacks. Apiaries shall only be located in the rear yard of any appropriately sized residential property. Apiaries may be located in a side setback with written consent of adjacent property owner/resident or Director of Community Development Department.

(b) No apiary may be kept or maintained within six (6) feet of a side property line nor within ten (10) of a rear property line without written consent of adjoining property owner/resident.

(c) If an apiary is within twenty (20) feet of a property line, either a flight dispersing barrier may be required or the entrance of the apiary may not face a property line.

(d) On any lands not owned by the beekeeper without the written consent of the owner or person in possession thereof.

(e) Closer than twenty-five (25) feet from any public road.

(Ord. No. 2294, § 3, 11-5-19)

A water supply adequate in quantity for the apiary should be provided and maintained. If the property on which the apiary is located does not contain sufficient natural water, the beekeeper shall provide one (1) or more water containers or water sources. The water supply shall provide landing sites for the honey bees to drink without drowning, undue competition, or over-crowding. It is unlawful for a beekeeper to allow a water source to become stagnant or a mosquito breeding site. The water supply should be not more than one hundred (100) feet away from the hives (not a pool, hot tub nor spa).

(Ord. No. 2294, § 3, 11-5-19)

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 person's current contact information. 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 (1) inch in height on a white or light background.

(Ord. No. 2294, § 3, 11-5-19)

No beekeeper shall own or operate an apiary that exhibits undesirable honey bee behavior, contains apiary pests, does not comply with all local, state and federal laws, or otherwise constitutes a health and safety hazard or nuisance.

(Ord. No. 2294, § 3, 11-5-19)

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 or animal control officer or code 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 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. 2294, § 3, 11-5-19)

Every person violating any provision of this article who has been given notice thereof as prescribed herein shall be guilty of a misdemeanor or infraction in the discretion of the Town Attorney and Office of Code Compliance. Remedies for violation of any of the provisions of this article may include administrative warnings, citations, maintenance by any party of civil cause of action, criminal prosecution or required removal of the nuisance apiary at owner's expense.

(Ord. No. 2294, § 3, 11-5-19)

It is illegal to kill an apiary that is not owned by yourself or without the permission from the apiary owner. No person may knowingly poison a hive with chemicals or any other substances with the intent to cause its death (or demise). Any person found guilty of this is subject to prosecution per municipal code as a misdemeanor. This section does not preclude or preempt prosecution under any relevant Penal Code sections or the maintenance of civil action by the apiary owner.

(Ord. No. 2294, § 3, 11-5-19)