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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. PAGE 3 OF 5 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 1 of 7 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 2 of 7 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). 3 of 7 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. 4 of 7 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 5 of 7 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 6 of 7 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 7 of 7 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