The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
Animal.
Any vertebrate creature, domestic or wild.
Bee.
Any insect of the superfamily Apoidea in the order Hymenopfera characterized by sucking and chewing mouthparts for gathering nectar and pollen.
Bird.
Any of the class Aves of warm-blooded vertebrates distinguished by having the body more or less completely covered with feathers and the forelimbs modified as wings.
Cat.
Any Felis catus, over four months of age.
Dog.
Any Canis familiaris, over four months of age.
Domesticated animal.
Any animal trained or adapted to live in a human environment and be of use to humans.
Kitten.
Any Felis catus, under four months of age.
Livestock.
Horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and poultry.
Nondomesticated animal.
Animals normally found in the wild state which are being kept for exhibition purposes or as private pets.
Person.
Any individual, partnership, corporation, trust or association.
Poultry.
All domesticated fowl and all game birds which are held in captivity. Puppy: Any Canis familiaris, under four months of age.
Reptile.
Any of the various cold-blooded, usually egg-laying vertebrates of the class Reptilia, such as a snake, lizard, crocodile or turtle, having an external covering of scales or horny plates and breathing by means of lungs.
(Ord. No. 07-16, § 1, 8-7-07)
"Animal control officer" shall mean any person employed, under contract or appointed by the city who is charged with the duty of enforcing the provisions of this title and all state laws relating to animal regulations.
(Ord. No. 07-16, § 1, 8-7-07)
"City health officer" includes any person appointed by the city council as such, and also the Orange County Health Officer when designated as the city health officer and acting as such for and on behalf of the city.
(Ord. No. 07-16, § 1, 8-7-07)
Whenever the word "keep" is used in this title, it shall mean and include havingcustody or control of, maintaining, harboring, or exercising.
(Ord. No. 07-16, § 1, 8-7-07)
"Owner" shall include any person who has possession of, harbors, has charge of, has control of, keeps or maintains any animal in the city.
(Ord. No. 07-16, § 1, 8-7-07)
"Barking dog" means a dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking, baying, crying, howling or making of any noise for 30 minutes or more in any twenty-four-hour period, or intermittent barking, baying, crying, howling or making any noise for 60 minutes or more during any twenty-four-hour period. A dog shall not be deemed a "barking dog" for purposes of this article if, at anytime the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
(Ord. No. 08-6, § 1, 8-19-08)
Neither the city nor any of its officers, employees or agents shall be liable for any injury suffered or disease contracted by any animal while being captured, seized, transported or impounded pursuant to this title.
(Ord. No. 07-16, § 1, 8-7-07)
(a) 
It is unlawful for the owner or person having charge, custody or control of any animal, to permit either willfully or through failure to exercise due care or control, any such animal, to commit any nuisance by leaving its feces and to allow said feces to thereafter remain on any public sidewalk, public gutter, public park, public street, or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal.
(b) 
The provisions of this section shall not apply to a disabled or vision impaired person whose disability or impairment would prevent the picking up of the feces, nor to a person using a dog trained in rescue while engaged in a city-recognized emergency or rescue activity.
(Ord. No. 07-16, § 1, 8-7-07)
No person shall keep any livestock within the city unless an application is made to the police chief for a special animal permit as set forth in Chapter VII of this title and is granted. This shall not apply to the Orange County Fairgrounds and Exposition Center.
(Ord. No. 07-16, § 1, 8-7-07)
It is unlawful for any person to keep, possess or harbor more than five animals over the age of four months on any premises, except on a business establishment premises on which a licensed business is operated, providing for the keeping of animals. Any person desiring to keep or maintain any animals in excess of the allowed number may make application to the police chief for a permit as set forth in Chapter VII of this title.
(Ord. No. 07-16, § 1, 8-7-07)
(a) 
No person having control, charge or custody of any animal shall permit the same to stray or run or be at large in or upon any public street or other public place within the city, or upon any private road or upon the premises of another without the permission of the owner of such premises, and any such animal found at large in any such place may be impounded as herein provided.
(b) 
It is unlawful for any person who owns, or is in charge of, or possesses any animal to permit, allow, or cause the animal to run, stray, or be uncontrolled in violation of this title so that the animal bites, attacks, or causes injury to any human being or other animal.
(c) 
Any animal running at large creating an annoyance or endangering public health or safety which cannot be seized for impoundment by ordinary means may be summarily destroyed by the animal control officer or a police officer.
(Ord. No. 07-16, § 1, 8-7-07)
No person shall keep, maintain or permit on any lot or parcel of land under his control any animal which, by any sound or cry disturbs the peace and comfort of the inhabitants of any neighborhood, or interferes with any person in the reasonable and comfortable enjoyment of life or property.
(Ord. No. 07-16, § 1, 8-7-07)
Where a fence or outdoor enclosure is used to confine an animal in order to comply with a provision of this title, the structure must be adequate to contain the animal and to prevent the animal from sticking its muzzle or body over or through the structure. The structure must be constructed so that the animal cannot escape by any means, must be of sufficient strength and stability so that it cannot be broken down by any action of the animal and must prevent entry by children. Fences or gates providing access to unsecured portions of the property must have a selfclosing and latching mechanism to prevent the animal from escaping the secured fenced area.
(Ord. No. 07-16, § 1, 8-7-07)
Bee:
Any stage of the common domestic honey bee (Apis mellifera species).
Beehive:
Any structure housing a bee colony.
Frame:
A hive component where bees build their honeycomb.
Hive box:
An artificial/man-made structure to house honey bees.
(a) 
Langstroth hive — a type of hive which was designed to be expandable or contractible with frames that can be removed for inspection.
(b) 
Top bar hive — a trapezoidal box with slats of wood which the bees will make comb along. These slats can be pulled out with the comb for inspection.
Requeen:
The act of replacing the queen bee in a hive with a younger queen, and mated queen, a common practice in beekeeping to prevent bee swarming, increase brood and honey production, resolve disease or pest issues, or reduce hive defensiveness.
Swarm:
A group of bees in a transitional state leaving their original hive, clustering and then leaving again to establish a new hive in a new cavity.
(Ord. No. 2025-01, 1/21/2025)
The intent and purpose of this section is to authorize residential beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.
(Ord. No. 2025-01, 1/21/2025)
(a) 
It is unlawful for any person to have, keep or maintain any hive or swarm of wasps, hornets, bees, or other swarming insects within the city.
(b) 
Subsection (a) shall not apply to:
(1) 
The keeping of flying insects 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 they are not permitted to fly at large; or
(2) 
The keeping of domesticated bees after obtaining a permit from the chief of police or their designee as hereinafter provided.
(Ord. No. 2025-01, 1/21/2025)
(a) 
Permit Required.
(1) 
A residential beekeeping permit is required for all domesticated hives.
(2) 
A person intending to keep, maintain and have in their possession and under their control a residential beehive shall first apply for and obtain a residential beekeeping permit with the police department's animal services unit.
(b) 
Application Requirements.
(1) 
An application for a permit required pursuant to this chapter shall be made in writing to the police chief upon a form furnished by the city, and shall be accompanied by an application fee in the amount set by the city council resolution.
(2) 
Upon receipt of the initial application, city staff will mail notifications to property owners and residents whose property directly abut the applicant's property.
a. 
Written notifications will provide residents, up to 30 days to respond for permit consideration purposes.
b. 
Special consideration will be given to abutting residents whose health, safety and welfare would be endangered due to a medical condition and/or allergy to the sting of bees.
(3) 
Any existing beekeeper with hive(s) established before the adoption of the ordinance codified in this section will have a period of 90 days from the effective date of the ordinance codified in this section to obtain a permit and come in compliance with the requirements of this section.[1]
[1]
Editor's Note: Said effective date is February 21, 2025.
(c) 
Property and Hive Requirements.
(1) 
Beehives may only be placed on residential properties that allow for adequate spacing, as defined in subsections (a) and (b), from neighboring residences so as not to interfere with the free use of neighboring property.
a. 
Beehives should be located at least 15 feet from any property line and 25 feet from neighboring residential buildings unless measured as described in subsection (c)(1)(b) below are met.
b. 
Beehives unable to meet the above distance requirements require a six-foot solid barrier (fence, wall, or dense vegetation) be installed to direct bee flight paths upwards and away from neighboring properties.
c. 
Beehives are prohibited within 500 feet from the following parks/preserves in order to reduce impacts to native flora and protect native pollinator species:
i. 
Fairview Park.
ii. 
Talbert Park.
iii. 
Upper Newport Bay Nature Preserve (Back Bay).
iv. 
Frank and Joan Randall Preserve.
(2) 
Beehive locations shall be secured from unauthorized access and not visible from the public right-of-way.
(3) 
A maximum of two production hives are permitted, with additional temporary expansion hives allowed as needed to manage swarming.
(4) 
All bees shall be kept in hive boxes with frames that can be removed for inspection and equipment shall be kept in sound and usable condition.
(5) 
A water source for bees shall be provided at all times on the property where bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent properties.
(d) 
Registration, Training and Guidelines.
(1) 
Beehives shall be validly registered with the agricultural commissioner of the county of Orange, in accordance with section 20943 of the California Food and Agriculture Code.
(2) 
All domesticated hives must be maintained in conformity with the Costa Mesa Residential Beekeeping Best Management Practices.
(e) 
Public Nuisance. Bees or hives shall be considered a public nuisance subject to Title 20, Chapter III of this code when any of the following occurs:
(1) 
Hives are placed on property without first obtaining a residential beekeeping permit;
(2) 
Bees exhibit defensive behavior or interfere with the normal use of adjoining properties;
(3) 
Bees or hives do not conform to the Costa Mesa Residential Beekeeping Best Management Practices or the requirements of this section;
(4) 
Hives are abandoned by the owner; or
(5) 
A complaint is received from a person residing on a neighboring property with proof of a medically certified allergy to the sting of bees.
(Ord. No. 2025-01, 1/21/2025)
(a) 
The chief of police or their designee may issue a permit for beekeeping if they determine such beehive(s) and bees, may be kept or maintained without compromising the safety of any person or interfering with the free use of a neighboring property; additionally, the chief of police or their designee may impose such conditions in granting a permit as they may deem necessary to ensure public safety.
(b) 
No residential beekeeping permit shall be issued when it has been determined that keeping of bees and beehives would endanger a person or person(s) on abutting property at the time of the submission of a completed residential beekeeping permit application.
(c) 
Prior to issuance of a permit, the owner shall pay to the city a permit fee, in an amount to be set by resolution of the city council.
(d) 
A residential beekeeping permit shall expire two years from the date of issuance of the permit.
(e) 
The recipient of a residential beekeeping permit shall submit a renewal application and associated fee at least 60 days prior to the expiration of the prior permit.
(f) 
Expired permits may not be renewed and will require a new application in accordance with section 3-18.4(b).
(Ord. No. 2025-01, 1/21/2025)
The applicant shall be notified in writing of the action of the chief of police or their designee in either granting or denying the permit, and if the application has been denied, the notice shall advise the applicant of the reason for denial and their right to appeal as outlined in this section 3.18. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States mail directed to the applicant at their latest address shown on the application.
(Ord. No. 2025-01, 1/21/2025)
The chief of police or their designee may for good cause, revoke any permit or modify any terms or provisions thereof, after an informal hearing, and may, in the event it is reasonably necessary to protect against an immediate threat to the public health or safety, suspend any permit or portion thereof without a hearing for a period not to exceed 30 days. The permittee shall be given at least three days' prior written notice of any such hearing. Good cause shall include, but not be limited to:
(a) 
The permit holder is found to be in violation of this chapter or the Costa Mesa Residential Beekeeping Best Management Practices.
(b) 
It is determined that an abutting resident's health, safety and welfare would be endangered due to a medical condition and/or allergy to the sting of bees.
(c) 
Bees or hives have become a public nuisance as provided in section 3-18.4(e) above.
(Ord. No. 2025-01, 1/21/2025)
(a) 
If any person is aggrieved by any action of the chief of police or their designee taken pursuant to this chapter, such person may appeal to the city manager by filing with the city clerk a statement addressed to the city manager setting forth the facts and circumstances regarding the action or failure to act on the part of the chief of police or their designee. The city clerk shall notify the applicant in writing by registered mail of the time and place set for hearing the appeal. The city manager or their designee shall hold a hearing and determine the merits of the appeal, and may sustain, overrule or modify the action of the chief of police or their designee. The decision of the city manager or their designee shall be final.
(b) 
The right to appeal to the city manager from any action or decision of the chief of police under this chapter shall terminate upon the expiration of 15 days following the giving of notice to the applicant advising him of the action of the chief of police or their designee.
(Ord. No. 2025-01, 1/21/2025)
No person shall strike, threaten to strike, tease or harass any official police dog while any such dog is in the company of a peace officer or is located within an official police vehicle or police kennel.
(Ord. No. 07-16, § 1, 8-7-07)
Any person having charge, control, custody or possession of any animal which bites, scratches or injures any person or other animal shall, immediately after becoming aware of such fact, notify the police department. Notification shall include the date, time and place of the incident, a description of the animals involved, and the name and address of any person who was a victim of the incident.
(Ord. No. 07-16, § 1, 8-7-07)