Chapter 5.36
APIARIES
Sections:
5.36.040 Permit—Application—Issuance.
5.36.050 Permit—Application/inspection fee.
5.36.060 Conditions and requirements for operating an apiary in city.
5.36.070 Permit—Revocation or suspension.
5.36.010 Purpose.
This chapter shall be known as the City of Norco beekeeping and apiaries ordinance. The State Legislature found in Food and Agricultural Code Section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State. Food and Agricultural Code Section 29000 et seq., as well as California Code of Regulations Title 3, Food and Agriculture, Article 3, establish regulations for apiaries that are enforced by the Director of the State Department of Agriculture, California Department of Pesticide Regulation and County agricultural commissioners. This chapter establishes regulations intended to implement and supplement State regulations and ensure that beekeepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of Norco. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 1, 1972)
5.36.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
A. “Apiary” means a place where bees are kept, especially a collection of hives or colonies of bees kept for their honey;
B. “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or combs, or any other equipment which is used in the practice of apiculture;
C. “Bees” means honey producing insects of the genus Apies. It includes all life stages of such insects;
D. “City” means the City of Norco, California;
E. “Colony” means one hive and its contents, including bees, comb and appliances;
F. “Comb” includes in its meaning all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax;
G. “Commissioner” means the Agricultural Commissioner of Riverside County;
H. “Hive” means any receptacle, container, or part of any receptacle which is made or prepared for the use of bees, or which is inhabited by bees;
I. “Honey” means the nectar of floral exudations of plants gathered and stored in the comb by honeybees. It is levorotatory, contains not more than 20 percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is not less than one and four hundred twelve one-thousandths, its weight not less than 11 pounds, 12 ounces per standard gallon of 231 cubic inches at 68 degrees Fahrenheit;
J. “Location” means any premises upon which an apiary is located or proposed to be located or found;
K. “Person” means an individual, or firm, or a partnership, or a joint venture, association or corporation. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 2, 1972)
5.36.030 Permit—Required.
It is unlawful for any person to locate, keep, maintain or operate, hereinafter referred to as “operate” an apiary in the City, without first obtaining a permit from the Department of Community Services to do so. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 3, 1972)
5.36.040 Permit—Application—Issuance.
Any person who proposes to operate an apiary within the City may make written application to the Community Services Department for a permit to do so by filing such with the Director of Community Services, or designated representative. The application shall be in such form and contain such information as the Director of Community Services, or designated representative, may require but shall include the following information:
A. Name and address of applicant;
B. Location and dimensions of premises on which applicant desires to operate an apiary;
C. Statement whether the proposed operation of the apiary by the applicant is for the production of honey or other bee products only for the use of the applicant and applicant’s family or for commercial purposes, including sale to members of the public, in which case the applicant must possess a current business license per Section 5.04.060;
D. The location of the water supply to service the proposed apiary;
E. A certified copy of a current valid certificate from the Riverside County Agricultural Commissioner for the proposed apiary and the identification number thereof. The serial number brand for any appliances issued to applicant by the County Agricultural Commissioner;
F. Tenants may not operate an apiary under any circumstance;
G. Any other information as deemed necessary by the Community Services Director or its designee for issuance of permit.
After a properly completed application has been filed, the Director of Community Services, or designated representative, shall cause a prompt inspection to be made by Norco Animal Control Services of the proposed location of the apiary as stated in the permit application in order to verify the operation of the apiary can be conducted within the guidelines of the Municipal Code.
The Director of Community Services, or designated representative, shall issue a permit to the applicant to operate an apiary within the City of Norco, California, if it finds the proposed operation of the apiary will not be contrary to the public peace, health, safety and welfare of the City. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 4, 1972)
5.36.050 Permit—Application/inspection fee.
The Community Services Department shall not accept an application for a permit to operate an apiary in the City until an application and inspection fee has been paid to Norco Animal Control Services for the purpose of defraying the expenses and costs of the City in processing the application and inspection of apiary. The application and inspection fee for an apiary shall be identified in the City’s fee schedule by Council resolution. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 5, 1972)
5.36.060 Conditions and requirements for operating an apiary in city.
Any person who operates an apiary in the City pursuant to a valid permit issued therefor shall comply with the following conditions and requirements:
A. No colony or portion thereof shall be located less than 20 feet from an adjacent residence, apartment house, rooming house or any other type of residence property line; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than 50 feet from a public right-of-way.
B. No colony or portion thereof shall be located less than 50 feet from a hospital, sanatorium, public eating place, school, church, office building, store, hotel, public building, public picnic area, park, playground, public horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than 50 feet from a public right-of-way.
C. The number of colonies or portions thereof including hives shall be operated in the City in numbers which do not create a risk to public health. Permitted locations are allowed up to three hives.
D. Every permit issued hereunder shall expire at the end of 12 consecutive months from the date of its issuance, at which time the permittee thereunder may apply for a renewal in accordance with all the procedures provided herein for application for a permit.
E. Every person maintaining an apiary on premises shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, the address and telephone number, or a statement that the owner has no phone. The sign shall be permanently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.
F. A person, having a valid permit from the City as issued hereunder, shall during the term of the permit transport hives of bees confined by screens in good repair or other equally effective means of confinement. Transportation of beehives should always be done responsibly so that it does not pose any public nuisance.
G. A permittee shall at all times during the term of the permit keep and maintain a plentiful supply of fresh water available adjacent to the apiary or hives, which water supply shall not be further than 150 feet from any such apiary or hive to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. A beekeeper may not allow a water source to become stagnant or a mosquito breeding site.
H. Any persons operating an apiary shall be the owner and occupant of the property upon which the apiary is located.
I. The property that will contain the apiary must be over 19,999 square feet. The only permitted lots are in the agricultural zoning: A-1, A-2 and A-E (Agricultural, Agricultural Low Density, or Agricultural Estate Zones).
J. A City of Norco business license and County approval/clearance shall be maintained at all times for production of honey or other bee products for commercial purposes, including sale to members of the public.
K. No person shall willingly and knowingly keep aggressive and/or defensive bees. Beekeepers shall follow established protocols for responsible beekeeping and minimize swarming events of their hives as well as re-queen colonies that show elevated levels of aggression using managed gentle queens.
L. Beekeepers shall monitor the health of their beehives and take adequate management action, for example in case of disease and parasite outbreaks or when colonies starve.
M. The entrance of the hive(s) must face away from the nearest adjacent dwelling(s) and there shall be no obstacles (vegetation, vehicles, solid walls, buildings) blocking the ingress/egress of the flight pattern. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 6, 1972)
5.36.070 Permit—Revocation or suspension.
Any apiary permit granted hereunder may be revoked or suspended for any period of time by the Director of Community Services for any of the following reasons:
A. Permittee’s violation of this chapter or the conditions imposed on the permit; or
B. Permittee’s violation of any Federal, State or City law or ordinance.
The Community Services Department shall give permittee 72 hours’ written notice of the City’s intent to revoke or suspend. Said notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to permittee at the address stated on the application for the permit. Said notice shall state the grounds for the proposed revocation or suspension.
If the permittee wishes to appeal the revocation, the permittee must submit a request in writing to the City Clerk for a hearing for reconsideration by the City Manager. At the hearing the permittee shall have the opportunity to present to the City Manager any relevant evidence on the question of suspension or revocation prior to the City Manager’s decision thereon. The City Manager’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subsections (A) and (B) of this section do exist. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022; Ord. 189 7, 1972)
5.36.080 Violation—Penalties.
Any person operating an apiary without a permit or permittee in noncompliance with the requirements listed within this chapter may be issued penalties or fines as outlined in Chapter 1.04, General Penalties. (Ord. 1105 Sec. 1, 2023; Ord. 1088 Sec. 1, 2022)