Attachment 3 - Redlined Beekeeping OrdinanceORDINANCE NO.
AN ORDINANCE OF THE TOWN OF LOS GATOS UPDATING CHAPTER 4 ARTICLE VIII — "BEEKEEPING"
WHEREAS, on the Town Council adopted ordinance # providing a comprehensive update to
Chapter 4 entitled Animals and Fowl, and:
WHEREAS. Chapter 4 Article VIII entitled Beekeeping was not part of the comprehensive update; and
WHEREAS. the Town of Los Gatos recently annexed in 24 County islands into Town jurisdiction; and
WHEREAS the recently annexed Los Gatos properties were formerly governed by County of Santa Clara
beekeeping regulations; and
WHEREAS. beekeeping has been deemed to be an important activity to promote plant pollination which is
necessary to food supply; and
WHEREAS, nationally there has been a decline in pollinator health and local jurisdictions are encouraged to aid in
efforts to rebuild pollinator health.
NOW THEREFORE. it is the intent of the Town Council, in amending this ordinance, to regulate beekeeping
compliance with best_practices and in closer compliance with surrounding.{urisdictions' regulations; and
NOW. THEREFORE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
OO2OAo„T,TIC cn-nri �n020 ARTICLE VIII. - BEEKEEPING
Sec. 4.80.002. — "Abandoned Apiary" defined.
As used in this article. "abandoned apiary" includes but is not limited to. a colony(s) or hives and
equipment a beekeeper has ceased to manage, is deserted. not maintained and/or left unattended, remains
without authorization on the property of another. is without proper identification and/or registration, and/or
where the owner is unable to be located and/or contacted.
Sec. 4.80.005. - "Apiary" defined.
As used in this article, "apiary" means bees, hives and appliances wherever the same are kept,
located or found including a fresh water source on the same property not more than one hundred t100
t away from the hives {not a pool, hot tub nor soa.1.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276 § 1 9-18-18
Sec. 4.80.010. - "Bees" defined.
As used in this article, "bees" means honey -producing insects of the species Apis m lliforQ ,,meRifera
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.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276 § 1. 9- )
Sec. 4.80.012. — "Flight dispersing barrier.
As used in this article. "flight dispersing barrier", also called flyover barrier. means a device such as a wall. fence, or•
dense vegetation or combination thereof that provides an obstruction through which honey bees cannot readily
fly. Such barrier must be constructed at a minimum height of six feet from the ground and a maximum height in
accordance with Town regulations for fences and accessory dwelling units. Barrier must surround the immediate
vicinity of the colonvis) or hiveisl vet leave sufficient space for beekeeper to maintain colonv(s) or hivelsl.
Property line fences or barriers may constitute flight dispersing barriers, if they are sufficiently close to the hive to
ATTACHMENT 3
redirect bee flight up and away from sensitive areas or neighboring properties. Barrier must conform with setback
requirements for fences and accessory dwelling units as defined by Town regulations.
Sec. 4.80.015. - "Hive" defined.
As used in this article, "hive" means any receptacle or container made or prepared for the use of
bees, or a box or similar container of which bees have taken possession.
(Ord. No. 1971, § II, 2-22-94;
Sec. 4.80.020. - "Location" defined.
As used in this article, "location" means any premises upon which an apiary is located.
Sec. 4.80.022. — "Undesirable honey bee behavior" defined.
As used in this article. "undesirable honey bee behavior" means any behavior exhibited by honey bees from a
managed apiary that may result in harm to others. Such behaviors include, but are not limited to, characteristics
of Africanized honey bees, bees exhibiting unusually aggressive defensive behavior, such as stinging or attempting
to sting without provocation or exhibiting an unusual disposition toward swarming.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276. i 1. 9-18-18 )
Sec. 4.80.025. - Notice required when moving apiaries.
No apiary shall be moved into the Town or within the confines of the Town without notice in writing
being given to the gricultural ommissioner of the Ceounty within five -thirty (630) days from the date
movement is begun, stating:
(a) The number of colonies of bees to be moved into or within the Town.
(b) The location of the property in the Town 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. 1971, § II, 2-22-94; Ord. No. 2276. ki 1. 9-18-18 )
Sec. 4.80.027. — Number of apiaries
Lal Only two (21 hives may be kept or maintained on parcels over 5,000 square feet but less than 10.000
square feet in,izo.
)b) Only three (31 hives may be kept or maintained on parcels over 10.000 square feet in size but less
than 40.000 square feet in size.
jc( Four (41 hives may be kept on parcels over 40.000 square feet in size. One (1} additional hive may be
kept for each 3,2 acre over one acre.
Id] Apiaries on properties under 10,000 square feet must be surrounded by a flight dispersing barrier.
Apiaries on property over 10,000 square feet but under 40,000 so uare feet may require a flight
dispersing barrier.
e} No hives may be kept on multi -family properties without the consent of the owner and all tenants in
possession thereof.
Sec. 4.80.030. - Location of apiary.
N.,Oita*
apiary shall be located:
j
car
In any required front
or side setbacks. Apiaries shall only be located in the rear vard of any appropriately sized
residential property.
Lb) No apiary may be kept or maintained within six (6) feet of a side property line nor within ten (10)
of a rearproperty line without written consent of adjoining property owner/resident-
(c) If an apiary is within 20 feet of a property line. either a flight dispersing barrier may be required or
the entrance of the apiary may not face a property line.
(db) On any lands not owned by the beekeeper without the written consent of the owner or person
in possession thereof.
(ee) Closer than three-hundredtwenty-five (30925) feet from any public road.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, 4 1. 9-18-18 )
Sec. 4.80.035. - Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained. If the property
on v a apiary is located does not contain sufficient natural water. the beekeeper shall provide one
or more water containers or water sources. The water sup& shall provide landing sites for the honey
bees to drink without drowning, undue competition, or over -crowding. It is unlawful for a beekeeper to
allow a water source to become stagnant or a mosquito breeding site.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18 )
Sec. 4.80.040. - 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 or person's urrent contact information, -or -a
ctatomont that tho ^ erson !;�� one 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 (1) inch in height on a white or light background.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276. 4 1. 9-18-18 )
Sec. 4.80.043. - Nuisance.
No beekeeper shall own or operate an apiary that exhibits undesirable honey bee behavior. contains apiary pests,
does not comply with all local, state and federal laws, or otherwise constitutes a health and safety hazard or
nuisance.
Sec. 4.80.045. - Notice, correction of violation.
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 or animal control officer or code enforcement officer. A written notice shall also be
posted on the location for forty-eight (48) hours, and it shall be unlawful for the owner or person in
possession of said apiary to fail to correct the violations within that period. The provisions of this article,
however. shall not authorize the keeping of bees in areas where they are not otherwise allowed by law.
Remedies for violation of any of the provisions of this article may include administrative warnings
citations, maintenance by any party of civil cause of action, criminal prosecution or required removal of
the nuisance apiary at owner's expense.
(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, 6 1, 9-18-18 )
Sec. 4.80.050. - Penalty,, abp cmc^^^^t. abatement.
Every person violating any provision of this article who has been given notice thereof as prescribed
herein shall be guilty of a misdemeanor or infraction in the discretion of the Town Attorney and Offs
Code Compliance,
Sec. 4.80.055. - Penalty, destruction of another's apiary
It is illegal to kill an apiary that is not owned by yourself or without the permission from the aDiaryowner. No
person may knowingly poison a hive with chemicals or any other substances with the intent to cause its death for
demise]. Any person found spiky of this is subject to prosecution per municipal code as a misdemeanor. This
section does not preclude or preempt prosecution under any relevant Penal Code sections or the maintenance of
civil action by the apiary owner.
(Ord. No. 1971, § II, 2-22-94; prd. No. 2276. & 1. 9-18-18) _