Modoc County Municipal Code Ch. 6.06 Bees

Any word or phrase in this chapter and not herein defined shall be given the meaning established for such word or phrase by Chapter 1 of Division 13 of the Food and Agricultural Code of the state.

Whenever in this chapter the term "commissioner" is used, it shall mean the county agricultural commissioner and regularly appointed employees of the county department of agriculture acting under his or her instructions.

For this chapter, the following words, names, and terms shall be construed, unless the context otherwise requires, as follows:

"Africanized honey bee" shall mean a bee population that is a hybrid of Apis mellifera and Apis mellifera scutellata.

"Apiary" shall mean bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found.

"Appliance" shall mean any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any other equipment which is used in the practice of apiculture.

"Bee" shall mean honey-producing insects of the genus Apis. It includes all life stages of these insects.

"Colony" shall mean one hive and its contents, including bees, comb, and appliances.

"Commercial apiary" shall mean an apiary that is not a hobbyist or a landowner apiary.

"Commissioner" shall mean the Modoc County Agricultural Commissioner.

"Enforcement officer" shall mean any officer or employee, including their designee, with the authority to enforce this code, its adopted codes or applicable state codes.

"Hive" shall mean any object or container made or prepared for the use of bees, or taken possession of by bees.

"Hobbyist beekeeper" shall mean an apiary placed by permission on an individual's property that has nine or fewer colonies and is owned or operated by a hobbyist beekeeper.

"Host" and "possible carriers" shall mean and include bee colonies, packaged bees, and queen bees of the species Apis mellifera, comb, used hives, and any other appliances used in the association with bee colonies, packaged bees, and queen bees of the species Apis mellifera.

"Infected," "infested," "contaminated," or "diseased" shall mean a viable stage of a life cycle of a "pest" (as defined in California Food and Agricultural Code Section 29009) and can be proven to exist on or within the colony population or on hives, comb, or any appliances associated with beekeeping operations.

"Landowner apiary" shall mean a registered apiary that is operated by the owner of the land on which the apiary is located.

"Landowner" shall mean someone owning a "fee simple" interest in real property or their designee.

"Location" shall mean any premises upon which an apiary is located.

"Pest" shall mean American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees that is detrimental to the welfare of the bee industry.

(Ord. No. 363, § II, 4-23-2024)

A. This chapter shall be construed to supplement and harmonize with the provisions of the law of the state regarding bees and the beekeeping industry standards.

(Ord. No. 363, § II, 4-23-2024)

A. The commissioner shall act as the enforcing officer for this chapter.

B. The commissioner is hereby empowered to enter upon any premises where bees are kept, or upon which he or she has reason to believe that bees are kept, to carry into effect, the provisions of this chapter.

C. It shall be unlawful for any person to interfere with the official actions of the commissioner.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall place or keep an apiary or cause or allow an apiary to remain on land not owned or possessed by such person without first obtaining permission from the landowner or their designee.

(Ord. No. 363, § II, 4-23-2024)

A. Every person owning an apiary located on premises other than where they reside shall clearly identify it by displaying a sign prominently at the entrance to the apiary.

B. Designated apiary signage must be in black letters not less than one inch in height on the background of contrasting color and include the name of the owner or person in possession of the apiary, their address, their telephone number, or if there is no telephone number an alternative way to contact them.

(Ord. No. 363, § II, 4-23-2024)

A. Beehives or bee equipment that are placed on property that have not been properly identified per the California Food and Agricultural Code and this chapter shall be considered abandoned.

B. Abandoned beehives or bee equipment may be deemed a public nuisance and shall be abated by the commissioner.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall place or keep any apiary or cause to allow any apiary to remain closer than three hundred feet to any house or building used as a dwelling, unless the house or building is owned or possessed by that person. The restrictions of this subsection are subject to the following exceptions:

1. If the residential use is begun next to an existing apiary, the three hundred-foot limitation shall apply only upon a separate determination by the commissioner that bees from such apiary are entering the land, other than where the apiary is situated, in an amount determined to endanger public health or safety or to create an unreasonable interference with the use of the property.

2. The three-hundred-foot limitation does not apply if adequate flight dispersing barriers are constructed and maintained. Adequate flight dispersing barriers serve to prevent the apiary or apiaries from constituting a private or public nuisance. The commissioner shall determine whether flight dispersing barriers are adequate.

3. The three-hundred-foot apiary limitation does not apply if the person placing or keeping the apiary has written permission from the affected resident to waive the distance requirement.

4. For properties that cannot honor the three-hundred-foot setback, placement of the apiary shall be determined by the commissioner.

B. No person shall place or keep any apiary, or cause or allow an apiary to remain closer than one hundred feet from the exterior line of the traveled portion of a public road right-of-way without prior approval from the commissioner unless they are in the process of transporting. The commissioner may adopt rules permitting placement or keeping of apiaries within one hundred feet from any public right-of-way, provided that such placement or keeping is consistent with generally accepted agricultural practices in Modoc County.

C. No person shall maintain an apiary in any manner that prevents or hinders access to the inside of any hive for inspection by an authorized apiary inspector.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall place or keep an apiary, or cause to allow an apiary to remain closer than one and one-half miles in any direction from another beekeeper's apiary, except the following:

1. The same apiary owner keeps or maintains those sites registered prior to December 31, 2023.

2. Those beekeepers who have agreed in writing and informed the agricultural commissioner of this agreement.

3. Landowner apiary: there are no distance restrictions from other apiaries.

4. Hobbyist apiary: there are no distance restrictions from other apiaries.

B. The one-and-one-half-mile buffer is effective at the time of adoption of the ordinance from which this chapter is derived. Bee yards established prior to the December 31, 2023 registration are exempt from the one-and-one-half-mile buffer. Registered apiary sites after January 1, 2024, which are closer than one and one-half miles must be agreed to in writing by the beekeepers and the commissioner.

C. To prevent a public nuisance, beekeepers are encouraged to implement best management practices (BMPs) for bee management. BMPs include placement of a number of hives per yard proportionate to available natural forage and water that would facilitate good bee health, would not negatively affect neighboring bee hives or the colony's production, or cause a public nuisance.

D. All registered apiary sites within Modoc County shall be occupied at least every other year, with at least ten colonies/hives.

E. Failure to utilize registered sites as required will result in the removal of that site from the beekeeper's site list, loss of seniority for the site area, and potential restrictions on the use of that site for the future.

F. Conflicts between beekeepers concerning location shall be resolved by the commissioner by giving preference to the beekeeper having the oldest continuously registered apiary site, excluding exempted landowner and hobbyist sites.

G. The following exemptions will be determined by the agriculture commissioner upon the request for an exemption from the registered beekeeper for the following circumstances:

1. Wildfire or other Act of God; the timeline for such exemption is to be determined by the commissioner.

2. Severe drought, such that plant growth and development are impacted, as determined by the commissioner.

3. Any other circumstance that the commissioner determines qualifies for an exemption.

H. The commissioner shall have the authority to approve or deny the proposed location(s) specified under this section and shall notify the apiary operator or their designated representatives in writing of such approval or denial and the reasons thereof.

I. Beehives and bee equipment that are placed in a location not approved by the landowner or the commissioner are in violation of this section. The commissioner will contact the owner of said beehives and bee equipment to remedy the situation. Violation of this section may be deemed a public nuisance and, as such, shall be abated by the commissioner.

(Ord. No. 363, § II, 4-23-2024)

A. Any apiary site may be transferred to another apiary. Permission from the landowner must be obtained prior to transfer.

B. The transferee must present evidence of the transfer to the commissioner within thirty days of transfer including written landowner permission.

C. The transferee must register the transferred site in their name.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall place or keep any apiary or beehive, or cause to allow any apiary or beehive, to remain in any location unless one of the following conditions exists:

1. There is a natural water supply in existence within a distance of one-half mile from the apiary or hive.

2. An artificial water supply is maintained by the beekeeper adjacent to the apiary or hive, and the supply shall not be further than fifty yards from any such apiary or hive.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall transport bees on the public highway or roads in such a manner as to create a public nuisance.

B. No person transporting bees shall maintain a stationary vehicle for any amount of time so as to create a public nuisance.

(Ord. No. 363, § II, 4-23-2024)

A. Any shipment of bees or hives found to be "infested", "infected", "contaminated," or "diseased" shall be abated by the provision of Section 29200 of the California Food and Agricultural Code, Article 14 of Chapter 1 of Division 13 as amended from time to time.

(Ord. No. 363, § II, 4-23-2024)

A. No person shall willingly and knowingly keep or breed Africanized honey bees or overly defensive bees.

B. Violation of this section may be deemed a public nuisance and shall be abated by the commissioner.

(Ord. No. 363, § II, 4-23-2024)

A. The board of supervisors shall establish fees for any inspection, destruction, and registration of hives and/or apiary sites required under this chapter by a resolution of the board of supervisors. Failure to pay the required fees is a violation of the provisions of this chapter. Apiaries in violation of this section shall be removed from the county within forty-eight hours.

(Ord. No. 363, § II, 4-23-2024)

A. This chapter is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined.

(Ord. No. 363, § II, 4-23-2024)

A. Unless otherwise provided by law, a violation of any of the provisions of this chapter shall be punishable as provided in chapter 8.20 of the Modoc County Code (Nuisance Abatement and Civil and Criminal Penalties for Code Violations).

B. A violation of any provision of this chapter constitutes a public nuisance.

C. This chapter is a regulatory provision necessary for the protection of public health, welfare, and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent unless otherwise specifically required.

(Ord. No. 363, § II, 4-23-2024)