Chapter 9.55 — HUMANE BEE REMOVAL AND RELOCATION

For purposes of this chapter, the following words shall have the following meanings:

"Applicator" means any person operating in the city who seeks to exterminate bees, as defined herein, by application of pesticides on a commercial basis or as part of a business operation in the city.

"Bee hive" means a hive or comparable apparatus occupied by a live bee colony and that is accessible to bees.

"Bee swarm" means a temporary mass or cluster of bees together in close proximity on a structure or surface on or in which there currently exists no bee hive. Bee swarms typically rest on such a structure or surface while seeking to establish a new hive, and will usually leave the area in two to three days if undisturbed.

"Bee" or "bees" means members of the genus Apis species and all subvarieties, commonly known as "honeybees."

"Beekeeper" means any person or entity, either in a commercial or private capacity, which lawfully engages in the breeding or keeping of bee hives or colonies. Beekeepers must be up to date and current on all applicable licenses and permits otherwise required by local, state, or federal law.

"City" means the City of West Hollywood, California, acting through its City Manager or his or her authorized designee.

"Non-lethal methods" means any procedure or service reasonably intended to result in the removal of a bee hive or bee swarm without the destruction or extermination of such bee hive or bee swarm. The incidental or accidental destruction of one or more individual bees during a procedure or service does not disqualify such procedure or service from qualifying as a nonlethal method. The use of pesticides is not a non-lethal method. Examples of non-lethal methods include, but are not limited to:

1. Capture and relocation of bees by a beekeeper, such as through the use of a "hive box" or similar device;

• Application of smoke;

• Burning of citronella candles;

• Spraying a solution of garlic and water;

5. Obtaining the services of a beekeeper. (Ord. 24-12, 5/6/2024)

• a. Except as otherwise provided in this section, the removal of any of the following within the city shall be performed by an applicator or beekeeper using non-lethal methods in a responsible manner:

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.55.020

§ 9.55.030

1. A bee hive that has been declared by the city, the County of Los Angeles, or other authority having competent jurisdiction to constitute a public nuisance;

2. A bee hive that exists on private property, and the owner or possessor of that property is authorized or required to cause such bee hive's removal;

3. A bee swarm exists on a structure, property, or surface; or

4. Bees from a bee hive or bee swarm that are entering land other than the land upon which the hive is located so as to create an unreasonable interference with the use of the property of others.

• b. Subsection (a) does not apply when:

  1. Extermination of bees is necessary to prevent imminent harm to persons or property due to the presence of bees within or near a residence, commercial or institutional structure, or other public gathering place or public right-of-way;

  2. Non-lethal methods would impose excessive costs compared to extermination;

  3. Such non-lethal methods would require damage to or loss of private property that would otherwise not occur if the bees were exterminated;

  4. Beekeepers are managing bee populations as part of their commercial or private activities; or

5. Extermination is otherwise authorized or required by law.

(Ord. 24-12, 5/6/2024)

• a. An enforcement officer may issue administrative citations for any violation of this chapter pursuant to Section 1.08.010 of this code.

• b. Any violation of this chapter is deemed a public nuisance and may be abated pursuant to Section 1.08.010 of this code.

• c. All remedies in this section shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

• d. Nothing in this chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.

• (Ord. 24-12, 5/6/2024)

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City of West Hollywood, CA § 9.60.010

PUBLIC PEACE AND SAFETY

§ 9.60.020