Siskiyou County Municipal Code Ch. 6 Bees and Apiaries

Any word or phrase used 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 Agriculture 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 pursuant to his or her instructions.

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

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

"Apiary" shall have the meaning assigned to it by Food and Agricultural Code Section 29002 as it may be amended from time to time.

"Apiary site" is that portion of an apiary location delineated by required GPS coordinates.

"Appliance" shall have the meaning assigned to it by Food and Agricultural Code Section 29003 as it may be amended from time to time.

"Bees" shall have the meaning assigned to it by Food and Agricultural Code Section 29004 as it may be amended from time to time.

"Colony" shall have the meaning assigned to it by Food and Agricultural Code Section 29006 as it may be amended from time to time.

"Commercial apiary" means an apiary that is not a hobbyist apiary, a landowner apiary, or a pollination apiary.

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

"Hobbyist apiary" means an apiary placed by permission on an individual's property and has nine (9) or fewer colonies and is owned or operated by a hobbyist beekeeper.

"Hobbyist beekeeper" means a person who possesses nine (9) or fewer colonies and is not in the business of beekeeping.

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

"Infected," "infested," "contaminated," or "diseased" shall have the meaning assigned to it by Food and Agricultural Code Section 29010 as it may be amended from time to time and also includes any other infectious disease, parasite, or hereditary disease declared by law or regulation by the Secretary of the California Department of Food and Agriculture or the Commissioner that affects bees and which may be detrimental to the welfare of the bee industry.

"Landowner apiary" means an apiary that is operated by the owner of the land on which the apiary is located.

"Location" shall have the meaning assigned to it by Food and Agricultural Code Section 29013 as it may be amended from time to time.

"Pest" shall have the meaning assigned to it by Food and Agricultural Code Section 29009 as it may be amended from time to time and also includes any other infectious disease, parasite, or hereditary disease declared by law or regulation by the Secretary of the California Department of Food and Agriculture or the Commissioner that affects bees and which may be detrimental to the welfare of the bee industry.

"Pollination apiary" means an apiary established for the pollination of commercial seed, fruit, nuts, or other commercial crops dependent upon bee pollination. Pollination apiaries are temporary in nature and their longevity is determined by the specific crop to be pollinated.

(§ 1, Ord. 414, eff. June 24, 1965, as amended by § I, Ord. 08-11, eff. August 1, 2008)

(Ord. No. 17-02, § I, 2-14-2017)

This chapter shall in all respects be construed to supplement and harmonize with the provisions of the laws of the State pertaining to bees and the beekeeping industry.

(§ 1 Ord. 414, eff. June 24, 1965)

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

(§ 1 Ord. 414 eff. June 24, 1965)

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

(§ 1, Ord. 414, eff. June 24, 1965)

Any person who violates any provisions of this chapter may be served with a written notice to cease or remedy such violation by the Commissioner or by any law enforcement officer of the County. Such notice shall require that such person cease or remedy the violation within forty-eight (48) hours. Any person who fails to cease or remedy the violation within such forty-eight (48) hour period shall be guilty of a misdemeanor. The notice required by this section shall be served personally on such person or, if he cannot be readily found, shall be served by mail (return receipt requested) or, if he cannot be served by mail, service shall be accomplished by posting such notice on a conspicuous place on or near the apiary where the violation occurred. The forty-eight (48) hour period for which such notice provides shall commence to run from the time on the day such notice is served pursuant to the provisions of this section.

(§ 1, Ord. 414, eff. June 24, 1965)

Every person who violates any provision of this chapter, and who has been served with a written notice of such violation in the manner prescribed in Section 4-6.05 of this chapter, and who fails or refuses to comply with such written notice shall be guilty of a misdemeanor.

(§ 1, Ord. 414, eff. June 24, 1965)

After giving the notice of a violation of the provisions of this chapter, as provided in Section 4-6.05 of this chapter, the Commissioner, if he shall determine that there exists a public nuisance to the extent that the health, safety, or welfare of the public is endangered through such violation of the provisions of this chapter, may forthwith take steps to abate such nuisance. In abating such nuisance the Commissioner is hereby empowered to move, sell, destroy, or otherwise dispose of such bees which are not kept in accordance with the requirements of this chapter.

In the event of sale, the proceeds of such sale shall first be applied toward the costs expended by the Commissioner concerning such bees, and the balance, if any, shall be held for the account of the owner. In regard to the balance, if any, so obtained in the case of sale, it shall first be applied toward any fine or fines which may be levied by the court for a violation or violations of the provisions of this chapter. The Commissioner is hereby authorized to execute the appropriate conveyance upon the sale of bees in the event the sale shall be held in accordance with the provisions of this section.

In the event of destruction, movement or other means of abatement, the owner shall be responsible for all costs associated with abatement, and the Commissioner shall bill the owner for such costs.

(§ 1, Ord. 714, eff. June 24, 1965, as amended by § 1, Ord. 463, eff. May 14, 1968)

(Ord. No. 17-02, § II, 2-14-2017)

Every person owning an apiary located on premises other than where he resides shall identify such apiary by a sign prominently displayed on the entrance side of the apiary stating, in black letters not less than one inch in height on a background of contrasting color, the name of the owner or person in possession of the apiary, his address, and his telephone number or, if he has no telephone, a statement to that effect.

(§ 1, Ord. 414, eff. June 24, 1965)

(a) No person shall place or keep an apiary, or cause or allow an apiary to remain, so close to a public road as to constitute a nuisance or hazard to persons using such road.

(b) In no case shall an apiary be placed, kept, or allowed to remain within one hundred (100) feet of the exterior line of the traveled portion of a public road.

(c) Locations may be evaluated for cause as a public nuisance as determined by the Commissioner.

(§ 1, Ord. 414, eff. June 24, 1965)

(Ord. No. 17-02, § III, 2-14-2017)

No person shall place or keep an apiary, or cause or allow an apiary to remain, closer than 600 feet to any house or building used as a dwelling, other than a house or building owned or possessed by such person, without the written consent of the occupant of such house or building.

(§ 1, Ord. 414, eff. June 24, 1965)

(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 owner or person lawfully in possession of such land.

(b) Upon request, written evidence of such permission shall be furnished to the Commissioner.

(§ 1, Ord. 414, eff. June 24, 1965)

(Ord. No. 17-02, § IV, 2-14-2017)

No person shall transport hives of bees between sunrise and sunset, or cause such transportation to be done, unless such bees are confined to the vehicle by which such transportation is accomplished by screens, nets or other equally effective means.

(§ 1, Ord. 414, eff. June 24, 1965)

(Ord. No. 17-02, § V, 2-14-2017)

(§ I Ord. 86-33 eff. October 8, 1986; repealed by § I, Ord. 89-7, eff. February 28, 1989)

Editor's note— Ord. No. 17-02, § VI, adopted Feb. 14, 2017, repealed § 4-6.14, which pertained to varroa mite quarantine and derived from § I, Ord. 88-26, eff. October 11, 1988.

(a) No person shall place or keep an apiary, or cause or allow an apiary to remain closer than one and one-half (1.5) miles in any direction from another apiary, with the exception of the following:

(1) Those apiary sites kept or maintained by the same apiary owner.

(2) Those beekeepers who have agreed in writing and informed the Agriculture Commissioner of this agreement.

(3) Those apiary sites at least one (1) mile apart where registration with the Siskiyou County Agriculture Commissioner has been completed through the 2016 season, and maintained in current status; such status shall be removed following lack of registration for any year into the future and the new requirements of one and one-half (1.5) miles apart will be required, unless meeting Section 4-6.15(a) requirements.

(4) Pollination Apiary: There are no distance restrictions from other apiaries.

(5) Landowner Apiary: There are no distance restrictions from other apiaries.

(6) Hobbyist Apiary: There are no distance restrictions from other apiaries.

(b) Conflicts between beekeepers with respect to location shall be resolved by the Commissioner by giving preference to the beekeeper having the oldest continuously registered apiary site, excluding exempted sites for pollination, landowner and hobbyist.

(§ II, Ord. 08-11, eff. August 1, 2008)

(Ord. No. 17-02, § VII, 2-14-2017)

(a) Any person moving or relocating a colony of bees into Siskiyou County shall notify the Commissioner of such movement or relocation five (5) days prior to arriving in Siskiyou County. Such notification shall include the name, address and telephone number of the apiary operator or his or her designated representative and the proposed location for each colony within the County.

(b) The Commissioner shall have the authority to approve or deny the proposed location(s) specified pursuant to subsection (a) of this section and shall notify the apiary operator or his or her designated representative in writing of such approval or denial and the reasons therefor.

(§ III, Ord. 08-11, eff. August 1, 2008)

(Ord. No. 17-02, § VIII, 2-14-2017)

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

(a) There is a natural water supply in existence within a distance of one-half mile from the apiary or hive, but no such natural water supply shall be at a greater distance from the apiary than any artificial water supply maintained by any party who has not consented in writing to the placement of the apiary or hive.

(b) An artificial water supply is maintained by the beekeeper adjacent to the apiary or hive, which water supply shall not be further than fifty (50) yards from any such apiary or hive.

(§ IV, Ord. 08-11, eff. August 1, 2008)

(a) No person shall maintain an apiary unless it is registered with the Siskiyou County Department of Agriculture, pursuant to Food and Agricultural Code Section 29040 et seq. The fee for such registration shall be ten dollars and zero cents ($10.00) payable by January 1 of each year.

(b) An apiary site fee shall be paid January 1 of each year, to the Siskiyou County Department of Agriculture, for all apiary sites located with the borders of Siskiyou County. The fee shall be twenty dollars and zero cents ($20.00) per site. 2017 apiary fees shall be due and payable to the Agriculture Commissioner's Office upon approval of this ordinance by the Siskiyou County Board of Supervisors. The following apiaries are exempt from site fees:

(1) Pollination Apiary;

(2) Landowner Apiary;

(3) Hobbyist Apiary.

(c) Any person moving or relocating a colony of bees into Siskiyou County, after January 1, shall have thirty (30) days to submit the site fees to the Agriculture Commissioner's Office.

(d) Failure to pay required fees is a violation of the provision of this chapter and apiaries in violation of this section shall be removed from the County within forty-eight (48) hours.

(e) All registered apiary sites with Siskiyou County shall be occupied at least every other year, with at least ten (10) colonies. Colonies shall be live single or double brood boxes.

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

(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 natural calamity, the timeline for such exemption to be determined by the Agriculture Commissioner.

(2) Severe Drought, such that plant growth and development are impacted, as determined by the Agriculture Commissioner.

(3) Any other circumstance which the Agriculture Commissioner determines qualifies for an exemption.

(Ord. No. 17-02, § IX, 2-14-2017; Ord. No. 19-10, § IX, 8-6-2019)

Any apiary site may be transferred to another party, if all bees and equipment on the apiary site, if any, are sold or transferred to the transferee, and written permission from the landowner is obtained.

(a) Transferee must present written documentation of the transfer to the Commissioner within thirty (30) days of transfer including written landowner permission.

(b) The transferee must register the transferred sites to his/her name and pay the appropriate registration fee for the current calendar year within thirty (30) days of transfer.

(c) The transferee must pay the apiary site fee within thirty (30) days of transfer.

(Ord. No. 17-02, § X, 2-14-2017)

No person shall willingly and knowingly keep an apiary of Africanized honey bees.

(a) Violation of this section may be a deemed public nuisance and, as such, shall be abated by the Commissioner forthwith.

(Ord. No. 17-02, § XI, 2-14-2017)

All complaints of aggressive bees shall be evaluated by the Commissioner regarding their status as a public nuisance.

(Ord. No. 17-02, § XII, 2-14-2017)