# Unlawful to keep California urban bees?



## MastoDon (Nov 29, 2010)

Wanting to go by the book, I contacted my state's agriculture commissioner's office about regulations regarding beekeeping. They referred me to my county ag office. My county (which shall remain anonymous, except for being named for its second-largest city and sharing initials with a famous fat guy in a red suit) told me that there was really only one rule I had to obey.
That was: Either locate my hives 1,000 feet from the nearest occupied structure, or, alternatively, get written permission from everyone who lives within 1,000 feet.
Are they kidding? What a stone-age philosophy! The only way I can legally have bees is if I put 'em atop a 997 foot pole! And then, I'm sure, I'd have problems with the FAA.
So, of course, I will become a guerilla beekeeper. Maybe my cellmates will want some honey. Is there any sort of movement out here to bring about a change in this silly make-me-a-criminal regulation?


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## Brooklyn (Nov 14, 2009)

You guys in California always have some type of movement going on . Check out a guy called backwards beekeeper.

Good luck


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## odfrank (May 13, 2002)

Beekeeping laws are the jurisdiction of the town you live in, Here is the link to Los Gatos Beekeeping laws.

http://library.municode.com/index.aspx?clientId=11760&stateId=5&stateName=California


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.​ (Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.010. - "Bees" defined.
As used in this article, "bees" means honey-producing insects of the species _apis mellifica,_ including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.​ (Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.015. - "Hive" defined.
As used in this article, "hive" means any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession.​ (Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.020. - "Location" defined.
As used in this article, "location" means any premises upon which an apiary is located.​ (Ord. No. 1971, § II, 2-22-94)​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 five (5) days from the date movement is begun, stating:​ (a)
The number of colonies of bees to be moved into or within the Town.

(b)
The location of the property in the Town to which bees are to be moved, and the name and address of the owner of the property or person in possession thereof. 

(c)
The distance of the proposed location of the apiary from the nearest public road intersection.

(Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.030. - Location of apiary.
No apiary shall be located:​ (a)
At a distance less than one thousand (1,000) feet from the nearest residence, church, school, public building, corral or water area in the corral unless the owner or persons in possession thereof has given written permission to the location of said apiary at a closer distance. 

(b)
On any lands without the written consent of the owner or person in possession thereof.

(c)
Closer than three hundred (300) feet from any public road.

(Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.035. - Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained.​ (Ord. No. 1971, § II, 2-22-94)​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 address and telephone number, or a statement that the owner or person has no phone. These signs shall be prominently placed and maintained on each entrance side of the apiary and immediately adjoining the same and lettered in black at least one (1) inch in height on a white or light background.​ (Ord. No. 1971, § II, 2-22-94)​Sec. 4.80.045. - Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the provisions of this article may be given verbal or written notice by the agricultural commissioner of the County or any law enforcement officer. 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.​ (Ord. No. 1971, § II, 2-22-94)​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.​ (Ord. No. 1971, § II, 2-22-94)​


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## odfrank (May 13, 2002)

Put the bees where they can't be seen. Don't tell your neighbors. Hope they don't swarm over to the neighbors property. I have eight hives in Monte Sereno, and soon in Los Gatos.


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## LenInNorCal (Feb 28, 2009)

Guy I know put his Langs hives on the roof of his garage. Seems the town he lives in has the same "issues". I think he has three or four but tends to others in the hinterlands. You could build TBH; the ones I build have a peaked roof so they look like Noah's Ark and folks think they are "cute" and many not realize they're are wild creatures living in them. I know Petaluma recently had their ordinances changed to accommodate hives. If you've a prominent entity in your local Bee Assoc. you could try and move city hall through them. Doesn't Steve Jobs live down there? Good luck!


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## MastoDon (Nov 29, 2010)

Yeah, I've done that. No neighbor can see the hive boxes without standing on a ladder. But I still feel crappy having to become a law violater just because I want to keep bees. It will be just a little beyond my skill level to prevent them from swarming onto a neighbor's property, but I intend to put out some swarm traps and hope for the best.
Actually, it's Steve Wozniak that lives in our town somewhere or other. I'm guessing that if he wanted to keep bees, it'd be OK.


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## jip (Apr 10, 2009)

The City of Mountain View does not allow beekeeping... but are they going to ask Google to remove their 4 hives that's in MV? :doh:


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## Brooklyn (Nov 14, 2009)

If they swarm to your neighbor's property. Before you remove them ask him to sign the written permission slip to let you have bees.

My neighbor's are still trying to find out were all the bees are coming from thet drink all the sugar water left for the humming birds.


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## RiodeLobo (Oct 11, 2010)

I believe Civil Disobedience is an legitimate protestation of unjust laws.


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## PCM (Sep 18, 2007)

The " Don't Ask, Don't Tell " Rule is back ! :no:

PCM


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## cehinds (Feb 25, 2010)

Darn sick and tired of the gubment in my business every time i turn around.
I know it's even worse in California (used to live there).
Just do what you need to do.


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## MastoDon (Nov 29, 2010)

Yeah, that's what I'll do. But scofflaws have always pissed me off, and now I are one.


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## honeydreams (Aug 10, 2009)

First off Don't tell anyone your a beekeeper or have hives period. and fly under the radar.


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## Vikingdad (Sep 14, 2013)

I know this is a long dormant thread but I have some relevant info so I am bringing it back from the past.

I have been keeping about a dozen hives in downtown Los Gatos for about ten years now. The property is an undeveloped parcel that is land-locked (no public street access) bordered on one side by the property owner's residence property (this is a separate parcel) two sides are other residential properties with the back fence being the Town Border, those homes are in unincorporated Santa Clara County. The fourth side is a church which rents buildings to a Montesorri private school. 

I have known of the Town policy regarding keeping bees in town, so I was "Guerrilla beekeeping" with the full knowledge and support of the property owner. There are also several hives located on the two rearward properties which is not in the Town of Los Gatos.

Unfortunately several weeks ago on a Friday afternoon the property owner got a knock on the door from a Town official saying that the hives were out of compliance and they were being served with a notice to this effect. he called me and I immediately removed them (had it done by Sunday) to avoid any trouble. In their place I put a large sign that said:

*MIND YOUR OWN BEESWAX!!!"*

Over the following weeks the owner received several apologies. My bees are now living up in the mountains above Los Gatos where nobody will complain.


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## MastoDon (Nov 29, 2010)

@VikingDad: Several months after I wrote that post, a back-yard neighbor ratted me out to the Town of Los Gatos. I imagine it was the same inspector you dealt with who knocked on my door to insist I get rid of my hives.
I did, and it still galls me to this day that such a harmless endeavor is subject to such hysterically-motivated laws. The real irony is that the woman who ratted on me has since sold the house and moved away.
I don't suppose you'd be interested in a (probably fruitless) joint appearance before the Town Council at one of their meetings to seek a change of their collective mind? After all, even New York City now allows urban beekeeping.


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## Vikingdad (Sep 14, 2013)

MastoDon said:


> @VikingDad: Several months after I wrote that post, a back-yard neighbor ratted me out to the Town of Los Gatos. I imagine it was the same inspector you dealt with who knocked on my door to insist I get rid of my hives.
> I did, and it still galls me to this day that such a harmless endeavor is subject to such hysterically-motivated laws. The real irony is that the woman who ratted on me has since sold the house and moved away.
> I don't suppose you'd be interested in a (probably fruitless) joint appearance before the Town Council at one of their meetings to seek a change of their collective mind? After all, even New York City now allows urban beekeeping.


 I might be persuaded to do that! Are you a member of the Guild? I have been in the past but due to recent circumstances I did not renew this year. Perhaps get the membership fired up and showing up en masse to show a strong support of beekeeping in town would get them to actually do something. I cannot for the life of me see how there would be much opposition.


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## JWChesnut (Jul 31, 2013)

Urban keeps need to be serious and on top of swarm control. Unmanaged swarms have been the trigger that have "busted" a number of urban keeps in my circle. 

There is really no way of controlling the busy-bodies who dislike flying insects, and that just want to enforce the zoning laws.

In SLO County, an effort by keeps to modify the existing law (200 ft from a roadway) was notoriously counter-productive. The group publicized their effort, and the publicity alerted several neighbors that they could complain. They did so, and the promoters of the change in regulation ended up getting red-tagged with nasty cease-and-desist citations. 

Unless you can go to your representatives quietly, and count votes beforehand, do not make a campaign of it, you are likely to provoke opposition (who will have the law on its side). In the meantime, educate your compatriots on the need for extreme swarm vigilance.

Southern Ca, and soon all of California, have AHB. The rather loose and carefree attitude of some prominent "new-age" keepers about this race of bees is troubling, as a single AHB-vs.-Neighbor incident could set back small scale keeping in California for a decade. I would support some draconian Best-Management requirements as a middle course for urban bees in an AHB affected zone.


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## Keith Jarrett (Dec 10, 2006)

cehinds said:


> Darn sick and tired of the gubment in my business every time i turn around.
> I know it's even worse in California (used to live there).


Amen to that.


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## MastoDon (Nov 29, 2010)

Contact me at: [email protected] and let's discuss this.


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## JRG13 (May 11, 2012)

Come to yolo county.... no bees on any residential property in the entire county.....


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## Charlie B (May 20, 2011)

Each municipality in the Bay Area is different. In SF there are no restrictions at all but you drive South for 20 minutes and beekeeping is illegal. Some have a 300' restriction from any roadway or dwelling. Pretty stupid.

Since the initial complainant moved away, I would move your bees back. The worst that could happen is they tell you to move them again.


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## TheBuzz (Feb 8, 2012)

Wow really hope they ok'd all this with the bees. Bees only move 999' in any direction NOT.


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## Pete O (Jul 13, 2013)

What stupid laws and ignorant law makers in CA! Here in NJ my town wants hives to be at least ten feet from my property boundary and fifteen feet from any walkway. It's like, "it's your property, do what you want as long as you don't interfere with others".

The State of New Jersey strongly supports beekeeping and pleads for more bee keepers. It looks like California is just the opposite and for an agricultural state, that's nuts.


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## JWChesnut (Jul 31, 2013)

Sad fact is that some beekeepers make poor decisions. 
I know of one case where the keeper had 90 hives in a 50 foot beach-house lot. 
Beekeepers that have not learned to manage swarms. 
Bees near koi ponds and swimming pools are very problematic. 
Bees in urban settings are going to make "honey" out of garbage dumpsters and spilled popsickles. 
These new-age urban hipsters believe AHB are a myth, and just misunderstood, don't know how to re-queen, and ignore the issues in a starry-eyed belief in "naturalism".
It is a universal right of passage for 12 year old boys to beat on bee hives with sticks and rocks, dared by their 13 year-old leaders. In a farm country, this is like peeing on an electric fence, ya run away; but in a urban setting it can catastrophic.


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## nhoyt (Aug 26, 2013)

I agree TBH r great for being under the radar. Also you are correct according to FAA you will be in violation of two different thing one being FAA*Form 7460-1, Notice of Proposed Construction or Alteration and AC 150/5190-4A - A Model Zoning Ordinance to Limit*Height*...*-*FAA. Got to love big brother.....


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## KQ6AR (May 13, 2008)

I live in CC county, our ag office told us to follow city laws.
Our cities laws allow 2 hives on 1/4 acre lots at least 25 feet from fence.


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