Santa Clara County Municipal Code Ch. II Beekeeping

The words and terms used in this chapter shall have the following meanings:

(a) Apiary: Bees, hives and appliances wherever the same are kept, located or found.

(b) Bees: 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.

(c) Flight dispersing barrier: A device such as a fence, hedge, or wall, which is constructed at a minimum height of six feet from the ground and serves to prevent the apiary from constituting a nuisance to nearby residents or the public.

(d) Hives: Any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession.

(e) Location: Any premises upon which an apiary is located.

(Ord. No. NS-300.705, § 3, 1-14-03; Ord. No. NS-300.911, § 2, 11-14-17)

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

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

(b) The location of the property in the County 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. NS-300.705, § 3, 1-14-03)

(a) An apiary containing one to three colonies shall be placed either:

(1) A minimum of 100 feet from all property lines and public roadways; or

(2) Twenty-five feet from all property line and roadways only if an effective flight dispersing barrier is constructed and maintained.

(b) An apiary containing four to 20 colonies shall be placed a minimum of 100 feet from all property lines and public roadways.

(c) An apiary containing more than 20 colonies shall be placed a minimum of 300 feet from all property lines and 100 feet from all public roadways.

(Ord. No. NS-300.705, § 3, 1-14-03; Ord. No. NS-300.911, § 3, 11-14-17)

Every person maintaining an apiary shall maintain an adequate and accessible supply of fresh water available at all times, including at a reasonable time prior to introducing new colonies. If the location on which the apiary is located does not contain a sufficient natural water supply, the person maintaining the apiary shall provide one or more water containers or water sources. The water supply shall provide landing sites for the bees to drink without drowning, prevent undue competition, and minimize over-crowding. The water source shall not become stagnant or a mosquito breeding site.

(Ord. No. NS-300.705, § 3, 1-14-03; NS-300.911, § 4, 11-14-17)

Every person maintaining any apiary on premises other than that of his or her residence shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, his or her address and telephone number, or a statement that he or she has no phone. Said sign shall be prominently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.

(Ord. No. NS-300.705, § 3, 1-14-03)

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. A written notice shall also be posted on the location for 48 hours, and it shall be unlawful for the owner or person in possession of said apiary to fail to correct said violation within said 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. NS-300.705, § 3, 1-14-03)

Every person violating any provision of this article who has been given notice thereof as prescribed herein shall be guilty of a misdemeanor. In addition to the other remedies provided for herein or by law for the violation hereof, the District Attorney may maintain an action for injunction to restrain or abatement to correct or compel the removal of such violation or violations.

(Ord. No. NS-300.705, § 3, 1-14-03)