sr-121410-7fCity Council Meeting: December 14, 2010
Agenda Item:
To: Mayor and City Council
From: Dean Kubani, Director, Office of Sustainability and the Environment
Subject: Municipal Code Amendment to Allow Beekeeping in Santa Monica
Recommended Action
Staff recommends that City Council introduce for first reading the attached Ordinance
amending Santa Monica Municipal Code section 4.04.130 to allow beekeeping provided
certain conditions are met and a public nuisance is not created, and section 4.04.400 to
clarify the authority of animal control officers to enter private property to enforce the
Ordinance.
Executive Summary
The attached Ordinance amends SMMC Chapter 4.04 to allow backyard beekeeping on
single-family residential properties within Santa Monica. It allows a maximum of two
hives per property and requires that the hives be registered with the City's Animal
Control Office. The Ordinance includes hive placement, screening and management
requirements to ensure that bees do not become a nuisance to people on adjacent
properties.
Background
Santa Monica Municipal Code Section 4.04.130 currently prohibits beekeeping within
Santa Monica. On April 27, 2010, City Council directed staff to evaluate the
amendment or repeal of this Code section in response to a recommendation from the
City's Task Force on the Environment which had expressed concern about declining
bee populations in California. The Task Force also requested clarification regarding the
City's management of feral bee swarms on public property.
Discussion
Honey bees are an integral part of the natural ecosystem and play a key role in
providing food security for human populations. Through the pollination of fruit,
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vegetable, nut and seed crops, bees play a direct or indirect role in the production of
about one-third of the human diet. However; the American Beekeeping Federation
estimates that about 50 percent of the domestic honey bee population in California has
been killed or severely weakened over the past 50 years due to environmental stresses
and disease. Backyard urban beekeeping has been shown to increase, diversify and
strengthen bee populations and supplement the pollination services provided by feral
and commercial bee colonies.
Backyard beekeeping is allowed and safely practiced in many cities throughout the
country including Atlanta, Chicago, Cleveland, Dallas, Denver, Detroit, Minneapolis,
New York, Portland, San Francisco, Salt Lake City, Seattle, and in San Diego County.
The attached Ordinance amends SMMC Chapter 4.04 to allow backyard beekeeping on
single-family residential properties within Santa Monica. It allows a maximum of two
hives per property and requires that the hives be registered with the City's Animal
Control Office. Animal Control Officers would be responsible for enforcing the
Ordinance. The Ordinance includes requirements for hive placement, screening and
management to ensure that bees do not become a nuisance to people on adjacent
properties. The Ordinance is similar to urban beekeeping ordinances in other cities.
The Ordinance also amends SMMC section 4.04.400 Powers and Immunities of the
City's Animal Control Officers to clarify their authority to enter private property at
reasonable times to inspect or otherwise enforce the Ordinance.
The City maintains a contract with a bee removal contractor, Bee Professionals, to
collect feral bee swarms and/or natural hives found on public property. When a swarm
or natural hive is identified, the location is secured by City staff using caution tape
and/or barricades. If the swarm doesn't leave on its own within 24 hours, the removal
contractor is called. When a hive is found the contractor will collect the bees and
relocate them to an apiary in the San Fernando Valley or Ventura County. In cases
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where it has been determined that the colony cannot be collected and relocated, the
swarm will be exterminated as a last resort.
Financial Impacts & Budget Actions
There are no financial or budget impacts associated with the adoption of this ordinance.
Prepared by: Dean Kubani, Director
Approved:
Dean Kubani
Director, Office of Sustainability and the
Environment
Forwarded to Council:
Rod Gould
City Manager
Attachments:
A. Ordinance
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Council Meeting 12-14-2010
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4.04 OF THE SANTA MONICA MUNICIPAL CODE RELATED
TO BEE KEEPING AND ANIMAL CONTROL REGULATIONS
WHEREAS, bees are highly beneficial to society as they provide agriculture, fruit
and garden pollination services; and
WHEREAS, bees, via pollination, are responsible for 15 to 30 percent of the food
eaten by U.S. consumers; and
WHEREAS, bees further benefit society by producing honey, wax, and other
useful products; and
WHEREAS, in the past 50 years, the domesticated honeybee population, on
which most farmers depend for pollination, has declined by about 50 percent; and
WHEREAS, many domestic strains of bees have been bred for desirable traits,
including gentleness, honey production, reduced swarming, pollination attributes; and
other characteristics which are desirable to foster and maintain; and
WHEREAS, gentle strains of bees can be maintained within populated areas
without causing a nuisance if properly located, managed, and maintained,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. Section 4.04.130 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.04.130 Bees
(a) Definitions
1 "Bee" shall mean any stage of the common. domestic honey bee, Apis
Mellifera species.
2 "Hive" shall mean a structure for the housing of a bee colony.
3 "Regueen" means to replace the queen bee in a colony with a younger
and more productive queen a common practice in beekeeping to prevent bee
swarming.
(b) General Requirements
1 Hives may only be maintained on single-family residential property.
2 No more than two hives may be maintained on any single-family
residential property.
3 All bee colonies shall be kept in inspectable hives consisting of moveable
frames and combs:
4 Hives must be kept in sound and usable condition at all times:
5 Any person intending to maintain any bee hive on any single-family
residential property within the City must first register with the City's Animal Control
Office.
(c) Hive Placement Requirements
1 Hives shall be located at least five feet from all property lines.
2. Hive entrances shall face away from or parallel to the nearest property
lines .
3. Hives must either be screened so that the bees must fly over asix-foot
barrier which may be vegetative, before leaving the property, or be placed at least
eight-feet above the adjacent ground level.
(d) Hive Management Requirements
1. Hives shall be continually managed to provide adequate living-space for
their resident bees to prevent swarming
2. Hives shall be regueened at least once every two years to prevent
swarming.
3. A water source for bees shall be provided at all times on the property
where the bees are kept to discourage bee visitation at swimming pools, hose bibs and
other water sources on adjacent public or private property.
4. Hive maintenance materials or equipment must be stored in a sealed
container or placed within a building or other bee-proof enclosure.
(e) Nuisance -bees or hives shall be considered a public nuisance when any
of the following occurs:
1. Colonies of bees exhibit defensive or objectionable behavior, or interfere
with the normal use of neighboring properties.
2. Colonies of bees swarm.
3. Bees or hives do not conform to this code.
4 Hives become abandoned by resident bees or by the owner.
~f Penalties for violations
1. Any person violating this Section shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty dollars or a misdemeanor,
which shall be punishable by a fine not exceeding one thousand dollars, or by
imprisonment in the County Jail for a period not exceeding six months or by both such
fine and imprisonment.
2 Any person who violates any provision of this Section shall be subject to
administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter
1.10 of this Code..
3 The remedies provided in this subsection are not exclusive and nothing in
this subsection shall preclude the use or application of any other remedies penalties or
procedures established by law.
Section 2. Section 4.04.400 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.04.400 Powers and I+mmunities of Animal Control Officers.
(a) The City Council finds and declares that Animal Control Officers shall
enforce laws of the State of California and municipal ordinances relating to the control of
animals and have immunity from liability for acts performed in the course of such duties;
that violators of animal control laws should be given the opportunity to be released on
citation, rather than. be taken into custody; that Animal Control Officers rather than
police officers issue such citations; and that persons who refuse to sign citations be
taken into custody by police officers and not by animal control officers.
(b) In the performance of their duties, animal control officers shall have the
power, authority and immunity of a public officer and employee as set forth in Penal
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Code Section 836.5 to make arrests without warrant whenever they have reasonable
cause to believe. that the person to be arrested has committed a public offense in their
presence which is a violation of this Article, or of any ordinance of the City of Santa
Monica or Penal Law of this state relating to the care, ownership; licensing, treatment
and impounding of animals.
(c) The term "arrest" as used in this Section shall mean the power to detain
violators for a time sufficient to complete the processing of a citation and release
pursuant to Section 853.5 and 853.6 of the Penal Code, but shall not be construed as
authority to take any such violators into custody.
(d) Where it is necessary to make an inspection to enforce provisions of this
Code or where there is reasonable cause to believe that there exists a violation of this
Code which may cause health or safety hazards to the community the Animal Control
Officer is authorized to enter upon private property at reasonable times to inspect or to
perform duties authorized by this Code. If the propertv is occupied, the Animal Control
Officer shall present his/her credentials to the occupant prior to requesting entry. If the
propertv is unoccupied, absent exigent circumstances, the Animal Control Officer shall
first make a reasonable effort to locate the owner or other person having charge or
control of the propertv and request entry. If entry is refused or if the owner could not be
located the Animal Control Officer shall have recourse to the remedies provided by law
to secure entry.
Section 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance,. to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause,. or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional
Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
~' ~ r
MAR HA J ~ ES MO RIE
City orne
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