Staff Report.Beekeeping TNR
PREPARED BY: Lynne Lampros
Deputy Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2019
ITEM NO: 8
DATE: October 10, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduction of an Ordinance of The Town of Los Gatos Amending Chapter 4 –
Animals and Fowl, Article VI, Sections 4.60.050 and 4.60.055 Entitled Animal
Rescuer and Trap-Neuter-Return Registration and Maintenance of Animal
Rescuer or TNR Activist Registration and Article VIII Entitled Beekeeping
RECOMMENDATION:
Accept public comment and then move for the introduction and first reading of an Ordinance,
by title only, amending Chapter 4 entitled Animals and Fowl, Articles VI and VIII.
BACKGROUND:
The implementation of the September 2018 updates to the Town Code regarding feral cats and
TNR registration has shown that the requirements of Town Code Sections 4.60.050 and
4.60.055 pertaining to registration by TNR organizations were unduly burdensome and
unnecessary to achieve the desired outcome.
In addition, the recent annexation of 24 Los Gatos islands, effective August 31, 2019,
highlighted the need to update Town beekeeping regulations to more closely align with
ordinances of Santa Clara County and surrounding jurisdictions, and best practices.
DISCUSSION:
Article VI – Animal Establishment Registration
Town Code Sections 4.60.050 and 4.60.055 formerly regulated the keeping of more than the
number of adult animals allowed by the Code for the purpose of animal rescue. In short, this
Code was originally written to regulate shelters, requiring them to register with the Town
PAGE 2 OF 5
SUBJECT: Chapter 4 – Animals and Fowl: Article VI and Article VIII
DATE: October 15, 2019
DISCUSSION (continued):
Manager or Animal Control Agency as an animal rescuer and provide proof of Internal Revenue
Code Section 501(c)(3) status and proof that animal rescue was a primary o rganizational goal.
In the amendment of the Town Code Chapter 4 – Animals and Fowl in September 2018, these
sections were expanded to include a registration requirement for Trap -Neuter-Return (TNR)
organizations and persons.
In the past year of implementation of this change, it has become apparent that this registration
requirement does not suit the nature of most, if not all, TNR work. TNR work may be done by
individuals or organizations; although these organizations rarely have a physical presence. They
are more often comprised of volunteer individuals, often with only an internet presence. In
addition, TNR organizations and individuals are not housing animals in large numbers in shelters
or structures in the Town. Rather the nature of the activity involves individual trapping of feral
cats, removal to a veterinarian for neuter/spay and other medical treatment , and return to
location of origin. Therefore, the impact cannot be compared to that of a shelter, obviating the
need for registration.
Further the actual trapping and removing and returning aspect of TNR activity does not carry
with it the potential for the same nuisance consequences that the feeding activity does. While
feeding feral cats to facilitate the successful trapping is a part of TNR work, it is often carried
out by individuals other than the trappers. It is the non-TNR feeding activity which can cause
the health and safety and sanitation nuisance conditions. Therefore, in practice it is more
important to regulate and permit the feeding activity. Requiring registration by trappers unduly
burdens and discourages the aspect of TNR that has the least potential for a harmful impact
and the most potential for ultimate improvement of the feral cat population in the Town.
The proposed amendments to Sections 4.60.050 and 4.60.055 (Attachment 1 Ordinance and
Attachment 2 Redline) simply remove all references to TNR organizations and individuals , and
keep the requirements the same for animal shelters.
Article VIII – Beekeeping
Beekeeping is an endeavor which continues to gain popularity in recent years. Bees provide
pollination, which is an essential ecosystem service. According to the University of California
Agriculture and Natural Resources White Paper, close to 75% of all flowering plants on Earth
rely to some degree on pollinators in order to set seed or fruit. Pollinators are required for
producing 15 to 30% of the human food supply. In California alone, about one-third of
agricultural revenue comes from pollinator-dependent crops. Declines in pollinator populations
could have serious economic repercussions throughout the United States and the world,
including rising food costs and potential crop failures.
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SUBJECT: Chapter 4 – Animals and Fowl: Article VI and Article VIII
DATE: October 15, 2019
DISCUSSION (continued):
Responding to the known decline in pollinators, President Obam a issued a Presidential
Memorandum in 2014 establishing the Pollinator Health Task Force and in June 2016 the White
House published the Pollinator Partnership Action Plan (PPAP). This Plan discusses the need for
coordinated national/federal actions with state, local, and private efforts to achieve
improvements in pollinator health and recover from pollinator losses.
The Los Gatos Town Code Article VIII – Beekeeping – has not been revised for over two
decades. It is much more restrictive than all but on e of the surrounding jurisdictions, including
Santa Clara County, which previously governed the Town’s recently annexed islands. The
Town’s current regulations effectively limit beekeeping operations in most areas of the Town
given the large distance requirements. In addition, the present Los Gatos Beekeeping
Ordinance does not allow beehives to be located less than one thousand feet from the nearest
residence, church, school, public building or corral, or less than 300 feet from any public road.
This requirement rules out beekeeping for many residential parcels. Of the jurisdictions
researched, only Campbell has the same language in their Code (see Attachment 4).
The number of hives (aka colonies) allowed and location of hives are two of the most important
concerns to residents. Santa Clara County ties the location of hives to the number of hives.
Fewer hives can be closer; greater number of hives must be commensurately farther from
property lines, or roads or other dwellings. In the County Code, one to three colonies must be
no less than 100 feet from all property lines and public roadways. If an effective flight
dispersing barrier is maintained, that requirement drops to 25 feet. In the County’s Ordinance,
a flight dispersing barrier is defined as a fence, hedge or wall which serves to prevent the apiary
from becoming a nuisance. The definition does not further stipulate location or placement of
barrier, thus the standard perimeter/property line fence could constitute said barrier. The
County’s location parameters, while more forgiving than the Town’s present 1,000 feet, still are
geared more for larger properties than are typical in the Town.
The neighboring cities (with the exception of Campbell, as stated) have location requirements
that vary from six to ten feet from property lines. Some also have distance requirements from
the nearest dwelling unit or public road (see Attachment 4). The proposed Ordinance
(Attachment 1 and Attachment 3 Redline) for the Town of Los Gatos ties number of hives to the
size of the property and requires a uniform distance from property lines and public roadways
for ease of enforcement.
The proposed Ordinance (Attachment 1) also has nuisance sections which give the Town the
ability to address and enforce public health, safety, and nuisance concerns.
PAGE 4 OF 5
SUBJECT: Chapter 4 – Animals and Fowl: Article VI and Article VIII
DATE: October 15, 2019
CONCLUSION:
Approval of the Animal Establishment registration requirement changes will ease the burden on
TNR organizations and approval of the recommended amendments to Beekeeping will further
the desired goal of promoting pollinator populations by making beekeeping possible on more
parcels within the Town. Keeping the current beekeeping ordinance in place will limit or
proscribe beekeeping on many parcels within the Town.
ALTERNATIVES:
1. Not approve the recommended amendments.
2. Approve different amendments and return with revised Ordinance.
3. Refer the issue back to staff with direction.
COORDINATION:
In the rewrite of Sections 4.60.050 and 4.60.055 of Article VI – “Animal rescuer and trap-neuter-
return registration and Maintenance of animal rescuer or TNR activist registration, the
proposed revisions were sent to some interested members of the TNR community.
In the rewrite of the Beekeeping ordinance, research was conducted which included speaking
with the Santa Clara County Agricultural Commissioner’s Office; meeting with interested groups
and individuals from local business ChicknBees, and the Santa Clara Valley Beekeepers’ Guild;
reading online research papers; and examining the ordinances for 10 mostly neighboring
jurisdictions: the cities of Santa Clara, San Jose, Monte Sereno, Saratoga, Morgan Hill,
Cupertino, Campbell, Santa Clara County and two instructive ordinances from San Diego County
and the city of Concord. Drafts of the Town’s proposed Ordinance were circulated to local
experts for feedback.
In the last five years, Town staff has received approximately one complaint a year about
beehives. On September 30, 2019, Town staff received a number of complaints about one
beekeeping residence on Kingston Hill Way. Town staff was provided with a list of 10 people
who reported being stung in this vicinity. Staff reached out to all 10 and interviewed ei ght. All
but two reported or identified wasp stings. This property did have a wasp nest on it adjacent to
the sidewalk. The owner has now taken remedial measures to eradicate the wasp nest.
However two people identified bee stings and one neighbor immediately adjacent reports
getting some bees in her home. Town staff visited this area three times and met with the
beekeeper each time, as well as the affected neighbor on two occasions. Town staff has asked
the beekeeper to relocate the hives to the other side of his house; however, it is unknown at
this time whether that will prevent any bees from encroaching into the neighbor’s yard.
PAGE 5 OF 5
SUBJECT: Chapter 4 – Animals and Fowl: Article VI and Article VIII
DATE: October 15, 2019
FISCAL IMPACT:
Approval will have no negative fiscal impact on the Town.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance
2. Redline changes to Chapter 4 – Animals and Fowl; Article VI – “Animal Establishments”,
Sections 4.60.050 and 4.60.055 of Article VI – “Animal rescuer and trap-neuter-return
registration and Maintenance of animal rescuer or TNR activist registration
3. Redline changes to Chapter 4 – Animals and Fowl: Article VIII – “Beekeeping”
4. Chart of surrounding jurisdictions
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Ordinance Council Meeting Date
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4 OF THE LOS GATOS
TOWN CODE ENTITLED ANIMALS AND FOWL, ARTICLE VI, SECTIONS 4.60.050 AND
4.60.055, ENTITLED ANIMAL RESCUER AND TRAP-NEUTER-RETURN REGISTRATION
AND MAINTENANCE OF ANIMAL RESCUER OR TNR ACTIVIST REGISTRATION,
AND ARTICLE VIII ENTITLED BEEKEEPING
WHEREAS, on September 18, 2018 the Town Council adopted Ordinance No. 2276 providing a
comprehensive update to Chapter 4 entitled Animals and Fowl, and:
WHEREAS, the implementation of the September 2018 updates to the Town Code regarding
feral cats and TNR registration has shown that the requirements of 4.60.050 and 4.60.055
pertaining to registration by TNR organizations were unduly burdensome and unnecessary to
achieve desired outcome; and
WHEREAS, in addition, Chapter 4 Article VIII entitled Beekeeping was not part of the 2018
comprehensive update; and
WHEREAS, the Town of Los Gatos recently annexed in 24 County islands into Town jurisdiction
that 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 nationally, there has been a decline in
pollinator health and local jurisdictions are encouraged to aid in efforts to rebuild pollinator
health;
WHEREAS, it is the intent of the Town Council, in amending this ordinance, to remove the
registration and permit requirements for TNR organizations and regulate beekeeping
compliance with best practices and in closer compliance with surrounding jurisdictions’
regulations; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The Town Council of the Town of Los Gatos finds
that all Recitals are true and correct and incorporate them herein by thi s reference.
SECTION 2. AMENDMENT OF MUNICIPAL CODE. Chapter 4, Article VI, Sections 4.60.050 and
4.60.055 entitled Animal Rescuer and Trap-Neuter-Return Registration and Maintenance of
Animal Rescuer or TNR Activist Registration is hereby amended to read as follows:
ATTACHMENT 1
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Ordinance Council Meeting Date
Sec. 4.60.050. - Animal rescuer.
(a) Except as otherwise provided in this Title, any person or organization that
maintains more than the number of adult animals allowed under this Chapter and Chapter 29,
shall register with Town Manager or designee Animal Control Agency as an animal rescuer. In
order to register as an animal rescuer, the applicant must provide the following information:
(1) Verifiable proof of membership in or status as a State of California not -for-profit
corporation that meets the requirements of Internal Revenue Co de Section 501(c)(3)
and is in good standing with the State of California.
(2) Verifiable proof that animal adoption and placement of rescued animals with a
new and permanent owner in a new home is one (1) of its primary organizational goals
and proof of a history of placement of animals with new and permanent owners in new
homes.
(3) The location of the rescue work to be performed and the identity and contact
information of the person(s) responsible for the care of the animals at that location.
(4) A description of the practices that will be employed by the person or organization
in conducting rescue work;
(5) Payment of the registration fee in an amount established by resolution of the
Town Council;
(6) Agreement from the applicant to abide by the requirements set forth in this
chapter, and;
(7) Agreement from the applicant to any other conditions reasonably necessary for
the proper care and maintenance of the animals.
Sec. 4.60.055. - Maintenance of animal rescuer.
(a) In order to maintain a valid animal rescuer registration, the animal rescuer shall
comply with each of the following requirements:
(1) Rescue work such as the temporary housing and care of domestic animals, or
feeding for the purpose of trapping, shall be performed in conformity with all standards
of animal care and housing set forth by state and local law;
(2) Rescue work shall not create a public nuisance;
(3) The animal rescuer shall cooperate with the animal control organization during
investigations of complaints and inspections of animal areas; and
(4) The animal rescuer shall limit the number of animals maintained at the registered
location if the Animal Control Officer deems limitations are necessary because of space,
finance, effect on surrounding area, h istory or any other criteria relevant to the animal
rescuer's ability to maintain the animals.
(b) The Town Manager or Animal Control Agency may revoke the animal rescuer
registration if the holder of the registration fails at any time to satisfy one (1 ) or more of the
requirements specified in subsection (a).
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Ordinance Council Meeting Date
SECTION 3. AMENDMENT OF MUNICIPAL CODE. Chapter 4, Article VIII, entitled Beekeeping is
hereby amended to read as follows:
Sec. 4.80.002. – “Abandoned Apiary” defined.
As used in this article, “abandoned apiary” includes but is not limited to, a colony(s) or
hive(s) 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 (100) feet away from the hives (not a pool, hot tub nor spa.).
Sec. 4.80.010. - "Bees" defined.
As used in this article, "bees" means 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.
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 colony(s) or hive(s) yet leave sufficient space for beekeeper to maintain colony(s)
or hive(s). Property line fences or barriers may constitute flight dispersing barriers, if they are
sufficiently close to the hive to 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.
Sec. 4.80.020. - "Location" defined.
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Ordinance Council Meeting Date
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.
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 Agricultural Commissioner of the County within thirty (30) 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.
Sec. 4.80.027. – Number of apiaries
(a) Only two (2) hives may be kept or maintained on parcels over 5,000 square feet but
less than 10,000 square feet in size.
(b) Only three (3) hives may be kept or maintained on parcels over 10,000 square feet in
size but less than 40,000 square feet in size.
(c) Four (4) hives may be kept on parcels over 40,000 square feet in size. One (1)
additional hive may be kept for each ½ acre over one acre.
(d) 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
square 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.
No apiary shall be located:
(a) In any required front or side setbacks. Apiaries shall only be located in the rear yard of
any appropriately sized residential property. Apiaries may be located in a side setback
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Ordinance Council Meeting Date
with written consent of adjacent property owner/resident or Director of Community
Development Department.
(b) No apiary may be kept or maintained within six (6) feet of a side property line nor within
ten (10) of a rear property line without written consent of adjoining property
owner/resident.
(c) If an apiary is within 20 feet of a property line, either a f light dispersing barrier may be
required or the entrance of the apiary may not face a property line.
(d) On any lands not owned by the beekeeper without the written consent of the owner
or person in possession thereof.
(e) Closer than twenty-five (25) feet from any public road.
Sec. 4.80.035. - Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained. If
the property on which the apiary is located does not contain sufficient natural water, the
beekeeper shall provide one or more water containers or water sources. The water supply 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. The water supply should be not more than one hundred (100) feet
away from the hives (not a pool, hot tub nor spa.)
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 current contact information, 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.
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
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Ordinance Council Meeting Date
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.
Sec. 4.80.050. – Penalty, 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 Office of Code Compliance. 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.
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
apiary owner. No person may knowingly poison a hive with chemicals or any other substances
with the intent to cause its death (or demise). Any person found guilty of this is subject to
prosecution per municipal code as a misdemeanor. This section does not prec lude or preempt
prosecution under any relevant Penal Code sections or the maintenance of civil action by the
apiary owner.
SECTION 4. CONSTRUCTION. The Town Council intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed
in light of that intent. To the extent the provisions of the Los Gatos Municipal Code as amended
by this Ordinance are substantially the same as the provisions of that Code as it read prior to
the adoption of this Ordinance, those amended provisions shall be construed as continuations
of the earlier provisions and not as new enactments.
SECTION 5. CEQA. The Town Council finds and determines that the adoption of this ordinance
is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA
Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies
only to projects which have the potential for causing a significant effect on the environment. It
can be seen with certainty that the proposed Town Code text amendments will have no
significant negative effect on the environment.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a
decision shall not affect the validity of the remaining portions of this ordinance. The Town
Council of the Town of Los Gatos hereby declares that it would have passed this ordinance and
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Ordinance Council Meeting Date
each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos
Town Code shall remain unchanged and shall be in full force and effect.
SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately and will be enforced
thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING. In lieu of publication of the full text of the ordinance
within fifteen (15) days after its passage, a summary of the ordinance may be published at least
five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified
copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
SECTION 9. INTRODUCTION AND ADOPTION. This Ordinance was introduced at a regular
meeting of the Town Council of the Town of Los Gatos on the 15th day of October 2019 and
adopted by the following vote as an ordinance of the Town Council of the Town of Los Gatos at
a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of November
2019.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF LOS GATOS UPDATING CHAPTER 4, ARTICLE VI, SECTION 4.60.050 - “ANIMAL
RESCUER AND TRAP-NEUTER-RETURN REGISTRATION” AND CHAPTER 4, ARTICLE VI, SECTION 4.60.055 –
“MAINTENANCE OF ANIMAL RESCUER OR TNR ACTIVIST REGISTRATION”
WHEREAS, on 9-18-18, the Town Council adopted ordinance 2276 providing a comprehensive
update to Chapter entitled Animals and Fowl, and:
WHEREAS, Chapter 4 Article VI sections 4.60.050 and 4.60.055 entitled “Animal rescuer and trap-neuter-return
registration” and “Maintenance of animal rescuer or TNR activist registration” were updated to expand Animal
Establishments from animal shelters to also include trap-neuter-return organizations; and
WHEREAS, the Town of Los Gatos in implementing the law over the last year has determined that trap-neuter-
return organizations do not fit the definition of animal establishments as used in this code; and
WHEREAS, the recently approved amendments to these sections are found to unduly burden TNR organizations;
and
WHEREAS, TNR activity has been deemed to be an important activity to reduce feral cat population;
NOW THEREFORE, it is the intent of the Town Council, in amending this ordinance, to lessen the burden of
registration on TNR organizations; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
Sec. 4.60.050. - Animal rescuer and trap-neuter-return registration.
(a) Except as otherwise provided in this Title, any person or organization that maintains more than the
number of adult animals allowed under this Chapter and Chapter 29 , or who conducts activities
consistent with the definitions of animal rescue or trap-neuter-return (TNR), shall register with Town
Manager or designee Animal Control Agency as an animal rescuer or TNR activist. In order to register
as an animal rescuer or TNR activist, the applicant must provide the following information:
(1) Verifiable proof of membership in or status as a State of California not-for-profit corporation that
meets the requirements of Internal Revenue Code Section 501(c)(3) and is in good standing with
the State of California.
(2) Verifiable proof that animal adoption and placement of rescued animals with a new and
permanent owner in a new home is one (1) of its primary organizational goals and proof of a
history of placement of animals with new and permanent owners in new homes.
(3) Verifiable proof of membership in or an affiliation with a recognized, legitimate organization or
group with a history of active trap-neuter-return activity.
(4) The location of the rescue or TNR work to be performed and the identity and contact information
of the person(s) responsible for the care of the animals at that location.
(5) A description of the practices that will be employed by the person or organization in conducting
rescue or TNR work;
(6) Payment of the registration fee in an amount established by resolution of the Town Council;
(7) Agreement from the applicant to abide by the requirements set forth in this chapter, and;
(8) Agreement from the applicant to any other conditions reasonably necessary for the proper care
and maintenance of the animals.
( Ord. No. 2276, § 1, 9-18-18 )
Sec. 4.60.055. - Maintenance of animal rescuer or TNR activist registration.
(a) In order to maintain a valid animal rescuer or TNR activist registration, the animal rescuer or TNR
activist shall comply with each of the following requirements:
(1) Rescue work and TNR activity such as the temporary housing and care of domestic animals, or
feeding for the purpose of trapping, shall be performed in conformity with all standards of animal
care and housing set forth by state and local law;
(2) Rescue work and TNR activity shall not create a public nuisance;
(3) The animal rescuer and TRN activist shall cooperate with the animal control organization during
investigations of complaints and inspections of animal areas; and
(4) The animal rescuer and TNR activist shall limit the number of animals maintained at the
registered location if the Animal Control Officer deems limitations are necessary because of
space, finance, effect on surrounding area, history or any other criteria relevant to the animal
rescuer's or TNR activist's ability to maintain the animals.
(b) The Town Manager or Animal Control Agency may revoke the animal rescuer or TNR activist
registration if the holder of the registration fails at any time to satisfy one (1) or more of the
requirements specified in subsection (a).
( Ord. No. 2276, § 1, 9-18-18 )
CHART OF SURROUNDING JURISDICTIONS
Monte
Sereno
Saratoga Campbell County of
Santa
Clara
Cupertino San Jose Santa
Clara
Morgan
Hill
Concord County of
San
Diego
6 feet
from side
property
line, 10
feet from
rear.
6 hives in
R1-44,
4 hives in
R1-20,
2 hives in
R1-8
6 feet
from
property
line.
3 hives
on most
propertie
s. 4 on
acre with
one hive
per add’l
half acre.
Same as
Los
Gatos –
no limit
on hives
but
located
1,000
feet from
nearest
residence
and 300
feet from
road.
1-3 hives
100 feet
from
property
lines
unless
flight
dispersin
g barrier
than 25
feet. 25
feet from
road. 4-
20
colonies
can be
100 feet
from
residence
etc., 20+
colonies
300 feet
from
nearest
property,
100 feet
from
roads.
8 feet
from
property
line, 20
feet from
road.
Under
5,000
square
feet (s.f.)
only two
hives.
Above
5,000
s,f., no
mention
of limit of
number
of hives.
10 feet
from
property
line, 50
feet from
dwelling
unit other
than
beekeep-
er’s. 2
hives
only.
20 feet
from road
or other
dwelling
unit. 10
feet from
property
line. Only
2 hives.
2 hives
on less
than
5,500 s.f.
3 up to
10,890
s.f., 4
over
10,890
s.f., 6 on
21,780
s.f.. 10
feet from
back
property
line, 6
feet from
side
property
line, 25
feet from
public
road.
25 feet
from
property
line. 2
hives on
less than
10,000
s.f.
property.
1 add’l
hive for
every
add’l
10,000
s.f. .
1-2
colonies
25 feet
from road
and 35
feet from
neighbori
ng
dwelling
unit. 25
feet from
property
line.
ATTACHMENT 4