Chapter 6.28


6.28.010    Notice required when moving apiaries.

6.28.020    Natural hives – Notice.

6.28.030    Keeping and maintenance of apiaries.

6.28.040    Identification of premises.

6.28.050    Notice, correction of violation, penalties.

6.28.010 Notice required when moving apiaries.

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

(a) The number of colonies of bees to be moved into or within the city;

(b) The location of the property in the city 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. 1879 § 1, 3-29-11; Ord. 1958 § 1, 8-23-16).

6.28.020 Natural hives – Notice.

Property owners or occupants thereof in the city shall give immediate notice to the City Manager of the establishment by bees of natural hives, so that the same shall be removed in accordance with approved methods and to avoid harm to persons and property. (Ord. 1879 § 1, 3-29-11; Ord. 1958 § 1, 8-23-16).

6.28.030 Keeping and maintenance of apiaries.

No person shall keep or maintain any hive of bees in the city except under the following conditions:

(a) No more than two hives may be maintained on any lot or parcel, unless the City Manager, in his or her sole discretion, consents in writing to a higher amount.

(b) No hive shall be kept on any lands without the written consent of the owner or person in possession thereof.

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

(d) No hive may be kept or maintained within ten feet of any side property line on the lot or parcel upon which such hives are situated, or within twenty (20) feet of any dwelling unit other than that occupied by the person maintaining the hive or hives, unless the owner or persons in possession of the adjacent property have given written permission to the location of such apiary at a closer distance.

(e) No hive may be kept or maintained within any required front or side setbacks.

(f) No hive may be located closer than twenty (20) feet from any public road.

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

(h) 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 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 feet from the ground and face a house or building on the premises, or on a rooftop on a second or higher story of any building or structure and the hives are more than five feet from the nearest side of the building or structure and at least fifteen (15) feet from the nearest adjacent building or structure. (Ord. 1879 § 1, 3-29-11; Ord. 1958 § 1, 8-23-16).

6.28.040 Identification of premises.

Every person maintaining any apiary on premises other than their own residence shall identify the apiary by affixing and maintaining signs thereto showing the name of owner or person in possession of the apiary, the owner’s or person’s address and telephone number or a statement that the owner or person has no phone. These signs shall be prominently placed and maintained on each 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. 1879 § 1, 3-29-11; Ord. 1958 § 1, 8-23-16. Formerly 6.28.050).

6.28.050 Notice, correction of violation, penalties.

Any person transporting or maintaining an apiary who violates any of the provisions of this chapter may be given verbal or written notice by the City Manager (or designee) or any law enforcement officer. A written notice shall also be posted on the location for forty-eight (48) hours, and it is unlawful for the owner or person in possession of such apiary to fail to correct the violations within that period. Failure to comply will result in the issuance of a citation for violating this chapter. Any person violating this chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars ($250.00), or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. The provisions of this title, however, shall not authorize the keeping of bees in areas where they are not otherwise allowed by law. (Ord. 1879 § 1, 3-29-11; Ord. 1958 § 1, 8-23-16. Formerly 6.28.060).