National City Municipal Code Ch. 8.34 Beekeeping

A. Purpose. It is the purpose and intent of this division to provide for the safe and orderly keeping of bees in the city by establishing certain minimum standards for the keeping of bees to protect the public health, safety, and welfare of the residents of the city.

(Ord. No. 2016-2415, § 3, 10-18-2016; Ord. No. 2019-2462, § 2, 8-20-2019)

"Beekeeper" means a person who raises bees.

"Beekeeping or keeping of bees" means the owning and breeding bees for their honey and other products.

"Docile bee(s)" means Apis mellifera species (honey bees).

"Sensitive area(s)" means areas where people, including but not limited to the elderly, small children, individuals, persons with medical conditions, or confined animals that inhabit or frequent the area, that are more at a greater health risk than the general population if stinging incidents were to occur. Sensitive areas are characterized by a demonstrated need for a greater safety buffer. Sensitive areas include, but are not limited to, schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers, senior care facilities, medical facilities, and animal boarding facilities.

(Ord. No. 2016-2415, § 3, 10-18-2016; Ord. No. 2019-2462, § 2, 8-20-2019)

A. The keeping of bees shall not be allowed within the city, except as provided in this chapter. It is unlawful to keep or maintain any bees or hive of or for bees within the territorial limits of the city, except as allowed in this chapter.

B. Beehives may be kept only on lots with a minimum area of ten thousand square feet within the open space and institutional zones subject to the following:

1. Beehives shall only be permitted on properties dedicated to agricultural or research use and shall be accessory to the primary use of the property. Examples include, but not limited to, farms, community gardens, schools, colleges, or laboratories.

2. Up to four beehives may be permitted on a parcel.

3. Beehives shall be placed at least twenty-five feet from the property line of the traveled way of any public streets or sidewalks closest to the parcel, at least twenty-five feet from any private access easement, at least fifteen feet from any side or rear lot line, and at least twenty-five feet from all on-site and neighboring dwellings. When three or four hives are kept or maintained on a parcel, no less than a one-hundred foot separation from the beehive(s) to the on-site dwellings, neighboring dwellings, or habitable structures shall be maintained.

4. Beekeepers shall keep sufficient open water available near the beehives during hot and dry weather in compliance with vector control regulations.

5. Beehives shall be well maintained at all times.

6. A beehive shall be no larger than fifteen cubic feet in volume.

7. Only docile bee species may be permitted.

8. Registration with the County of San Diego Department of Agriculture, Weights, and Measures is required prior to any beekeeping activities and prior to applying for a bee keeping permit under this chapter.

9. The following firefighting materials shall be maintained, in good working condition, at all times when the beehive is attended by the keeper, sufficiently near the beehive so as immediately to be available in case of fire:

a. A shovel; and

b. Either a fire extinguisher of the two and one-half gallon water-under-pressure type or the five gallon back-pump type or its equivalent; or a garden hose connected to a source of water.

10. Beehives shall be placed no less than one hundred feet from the property line of sensitive areas closest to the beehive(s).

(Ord. No. 2016-2415, § 3, 10-18-2016; Ord. No. 2019-2462, § 2, 8-20-2019)

A. Public nuisance. All violations of this chapter are declared to constitute a public nuisance which may be abated by any method provided by law, judicial or administrative, and includes remedies provided in Title 1.

B. Enforcement. Each day of violation or non-compliance with this chapter shall be deemed as a new and separate offense and shall be subject to all the remedies and penalties available under the law and in accordance with Title 1 or as otherwise provided by local or state law.

C. Summary abatement—Imminent safety hazards. If any beehive is an immediate threat to the public health and safety by virtue of the physical condition of the beehive structure or by virtue of dangerous bee behavior as determined by the city manager or his/her designee, said beehive may be immediately and summarily abated and removed. Costs incurred by the city in the abatement and removal of bees and/or beehives shall be assessed against the owner or any other responsible party in accordance with Title 1 and California Government Code Section 38773.1 or 38773.5.

D. Notice of violation. Whenever any beehive or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal beehive and/or is placed or maintained in violation of this chapter, the city manager or designee shall give written notice to all responsible parties to remove the beehive or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal of the beehive(s). The notice shall advise the owner, or person in charge of, or responsible for, the beehive(s) of the hearing or appeal rights set forth in Title 1, if applicable. The date for removal specified in the written notice shall not be less than ten days from the date of the mailing of the notice.

E. Removal of uncured violations. Whenever the responsible parties fail to comply with an order of the city manager or designee made pursuant to this section, and the time for cure has elapsed without the cure being effected, the city manager or designee may remove the beehive, or order it removed, either by the city's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall constitute a debt owed to the city. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt.

F. Cumulative remedies. Remedies set forth in this chapter are not exclusive. Nothing in this chapter shall preclude the city from enforcing the provisions of this chapter by any other criminal, civil, or administrative proceeding.

(Ord. No. 2016-2415, § 3, 10-18-2016; Ord. No. 2019-2462, § 2, 8-20-2019)