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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:
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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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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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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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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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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 preclude 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 th is ordinance and
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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: __________________