San Jose Municipal Code Part 5 Beekeeping

It is unlawful for any person to keep, maintain, or allow remaining on any lot or parcel, which such person owns or resides, any wild swarm of bees.

(Ord. 28079.)

It is unlawful for any person to keep or maintain any hive of bees on any lot or parcel within the city without first obtaining a permit in accordance with this part.

(Ord. 28079.)

It is unlawful for any person to keep or maintain any hive of bees on any lot or parcel within the city in violation of this part.

(Ord. 28079.)

A. A permit may be issued by the administrator, for uses specified by this part, 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.

B. A permit may be granted by the administrator only if all of the criteria for the use specified in this part are met. The criteria for a permit for such use are set forth in Sections 7.60.530, 7.60.550, 7.60.560 and 7.60.570.

C. The permit is valid for a period of twelve (12) months from the date of issuance.

(Ord. 28079.)

A written application for a permit under this part must be filed with the administrator on the form provided by the administrator. The application must be signed by an owner or lawful tenant of the lot or parcel for which the application is submitted.

(Ord. 28079.)

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

(Ord. 28079.)

The permit may not be sold, assigned or transferred, and may cover only the premises designated and the person to whom the permit was originally issued.

The applicant must 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:

A. No more than two (2) hives may be maintained on any lot or parcel.

B. The owner's name, address, and location of all such hives must be registered with the office of the Santa Clara County Agriculture Commission.

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

D. No hive may be kept or maintained within any required front or side setbacks.

E. All hives must be oriented so that their entrances face a house or building on the premises and must be surrounded by a solid fence not less than six (6) feet in height, located no farther than thirty (30) feet from such hives. Said fence may be open on that side facing a house or building on the premises. This condition may be met by locating such hives upon or affixed to a building or structure so that their entrances are more than ten (10) feet from the ground and face a house or building on the premises.

F. A constant water supply adequate to the needs of all hives located on the premises must be maintained on those premises.

(Ord. 28079.)

Notwithstanding the provisions of Sections 7.60.510 and 7.60.570, beehives may be kept or maintained without the issuance of a permit on lots or parcels situate in the OS, 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 (150) feet from any dwelling unit, excluding the dwelling unit on the lot or parcel whereon such hives are situate, and at least one hundred (100) feet from any public street or roadway or public access. The requirements of Section 7.60.570 B., D., and F. apply.

(Ord. 28079.)

The city council finds that the maintenance of beehives within the city not in compliance with the regulations contained in Sections 7.60.510, 7.60.570 and 7.60.580 constitute 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 C. of Section 7.60.570 or the distance restriction set forth in Section 7.60.580 are not applicable if the person desiring to maintain the hive, or hives, files with the administrator the written consent of the residents of the adjoining properties and dwelling units from which the distance limitations contained in Subsection C. of Section 7.60.570 and Section 7.60.580 are to be measured. Such written consent may be revoked by the grantor or successor resident following at least thirty (30) days written notice to the person in control of such hive or hives, and by filing a copy thereof with the administrator.

(Ord. 28079.)

The administrator may deny or revoke a permit issued pursuant to this part in any of the following situations:

A. The administrator has determined by inspection of the premises where the hive or hives are maintained that the applicant cannot comply with the requirements of this part, the title, or applicable state law, or the permit holder is in violation of the permit conditions.

B. The administrator has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.

(Ord. 28079.)

If the administrator seeks to deny the application or revoke the permit, the administrator must send the applicant or permit holder a notice of intent to deny or revoke, which must state the following:

1. The reasons for the denial or revocation;

2. That the applicant or permit holder must remove all hives from the premises covered by the permit or permit application, within ten (10) business days after service of the notice of intent to deny or revoke. Service may be personally or by first-class mail, postage prepaid;

3. That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

4. That the request for a hearing must be received by the administrator within five (5) business days after service of such notice if he or she wishes to challenge the denial or revocation. Service may be personally or by first-class mail, postage prepaid;

5. If the written appeal to the hearing officer is made, the applicant or permit holder may maintain the hive or hives on the premises if the maintenance of the hive or hives on the premises pending the hearing will not unreasonably impact the public health and safety of the neighboring community;

6. That the failure to request a hearing within the time specified may result in the seizure of the hive or hives; and

7. That the failure to appeal the administrator's intended decision terminates the applicant or permit holder's right to a hearing.

(Ord. 28079.)

A. Upon receipt of a request for a permit denial or revocation hearing, the hearing officer must set the date, time, and place for the hearing. The hearing officer must cause notice of the hearing to be mailed to the person requesting a hearing at least five (5) business days before the date of the hearing.

B. At the hearing, the applicant or permit holder and the administrator may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

C. Any witness appearing may present evidence.

D. The hearing officer may also cause notice to be sent to the owners of each property within three hundred (300) feet of the property designated in the permit or permit application. This notice must state:

1. The date, time, location, and nature of the hearing;

2. The reasons for the denial or revocation; and

3. That the parties notified have a right to present any relevant evidence with regard to the denial or revocation of the permit.

(Ord. 28079.)

A. The decision of the hearing officer is final. Any appeal of the final administrative decision must be pursuant to Section 1.16.010.

B. The hearing officer's decision must be supported by evidence on the record.

C. If the hearing officer upholds the decision to deny the permit application or revoke the permit, then the hearing officer may direct that the owner and the person with a right to control the hive or hives remove all hive or hives from the premises covered by the permit or permit application within ten (10) business days after service of the decision. Service may be personally or by first-class mail, postage prepaid.

(Ord. 28079.)

If a permit has been denied or revoked, the administrator may not accept a new permit application from the same person for the same activity at the same location during the six-month period after such denial or revocation, unless the applicant shows, and the administrator finds by inspection and/or investigation, that the grounds upon which the previous application was denied or the permit revoked no longer exist.

(Ord. 28079.)