Napa County Municipal Code Ch. 6.12 Beehives

Footnotes:

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Editor's note— Ord. No. 1377, § 1, adopted Jan. 8, 2013, amended Ch. 6.12 in its entirety to read as herein set out. Former Ch. 6.12, §§ 6.12.010—6.12.050, pertained to the same subject matter, and derived from prior code §§ 7050—7058 and Ord. No. 1305, § 3(part), adopted 2008.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth unless it shall be apparent from the context that a different meaning is indicated. Any word or phrase used in this chapter and not defined in this section shall be given the meaning established for such word or phrase by Chapter 1 of Division 13 of the California Agricultural Code.

"Apiary" means bees, comb, hives, appliances or colonies, wherever the same are kept, located or found.

"Bees" means honey-producing insects of the genus Apis, including all life stages of such insects.

"Commissioner" means the county agricultural commissioner and all regularly appointed employees of the commissioner's office acting pursuant to their official duties.

"Hive" means any receptacle or container made or prepared for the use of bees, or which is inhabited by bees.

(Ord. No. 1377, § 1, 1-8-2013)

A. Apiaries shall be permitted within the county consistent with all of the provisions of this section:

1. Apiaries shall consist of moveable frame hives in sound and useable condition.

2. Apiaries shall be operated and maintained in accordance with best management practices developed by the Napa County Beekeepers Association and as adopted by resolution of the board of supervisors.

3. Apiaries shall be screened from neighboring dwellings and public walkways.

B. The provisions of this chapter, however, shall not authorize the keeping of bees in a manner constituting a public nuisance as defined in subsection (B)(2) of Section 1.20.020, although no resolution of the board of supervisors shall be required to establish the public nuisance.

(Ord. No. 1377, § 1, 1-8-2013)

The commissioner is empowered to enter upon any premises where bees are kept, or upon which there is reason to believe that bees are kept, in order to carry into effect the provisions of this chapter.

(Ord. No. 1377, § 1, 1-8-2013)

A. Any person owning, controlling or maintaining an apiary who violates any of the provisions of this chapter shall be given notice thereof and an order to abate, either by the commissioner or any law enforcement officer. The order shall specify the violations of this chapter and conditions to be abated.

B. The order of abatement may be personally served, or if personal service cannot be effectuated, then by both posting a copy of the order on the property and mailing a copy of the order by certified mail to the owner of the property.

C. If, in the commissioner's or law enforcement officer's opinion, the specified violations constitute an immediate threat to the public's health and safety, the order shall provide the conditions are to be corrected and abated within seventy-two hours of personal service or posting of the order.

D. In all other instances, the specified violations shall be corrected and abated within fourteen days of personal service or posting of the order.

(Ord. No. 1377, § 1, 1-8-2013)

In addition to remedies otherwise provided by law, a violation of this chapter shall be a public nuisance which may be civilly abated or criminally prosecuted and punished in the manner set forth in Chapter 1.20 of this code.

(Ord. No. 1377, § 1, 1-8-2013)

Nothing in this chapter shall excuse compliance with state laws applicable to apiaries.

(Ord. No. 1377, § 1, 1-8-2013)