The intent of this Chapter is to regulate the keeping of bees within the City of Vacaville in order to advance the public health, safety, and welfare while recognizing the value of bees to the agriculture industry of Solano County.
(Ord. 1730, Add, 02/07/2005)
For the purpose of this Chapter, the following words and phrases shall be deemed to mean and be construed as follows:
A. 
"Bees"
mean 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 adult bees, except honey and rendered beeswax.
B. 
"Beekeeping Permit" or "Permit"
means the permit required under Section 6.24.030.A of this chapter.
C. 
"Director"
means the Director of Community Development or his/her designee.
D. 
"Hive"
shall mean any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box or similar container of which bees have taken possession.
E. 
"Permit Holder"
shall mean the person or entity to which a Beekeeping Permit has been issued or their authorized representative or designee.
F. 
"Total gross area"
means the total square footage of a parcel of land.
G. 
"Wild swarms of bees"
means any colony of bees, which becomes established upon a lot or parcel of land or in anything other than a hive.
(Ord. 1730, Add, 02/07/2005)
A. 
No person shall keep, maintain or allow any hive of bees on any lot or parcel of land within any Residential District or any Commercial District within the city where residential uses are allowed or permitted without first obtaining a Beekeeping Permit in accordance with this Chapter.
B. 
Subject to the requirements set forth in Section 6.24.040 below, beehives may be kept, maintained or allowed without the issuance of a Beekeeping Permit on lots or parcels of land located within an Open Space, Agricultural Hillside, Industrial, or Commercial District where residential uses are not allowed, provided such bee hives are situated more than one hundred fifty feet from any existing dwelling or any proposed dwelling for which a building permit has been issued, excluding dwellings on the lot or parcel of land whereon such hives are situated and not less than one hundred feet from any public highway, street, roadway, or alley.
C. 
Persons maintaining hive(s) as of the effective date of this Chapter shall, within one hundred and eighty days of such date, either: (i) apply for and obtain approval of a Beekeeping Permit from the City; or (ii) remove such hive(s) from the City.
(Ord. 1730, Add, 02/07/2005)
A written application for a Beekeeping Permit required under this Chapter shall be filed with the Community Development Department upon a form provided by the City. Said application shall be signed by an owner and, if applicable, any lawful tenant of the property, lot or parcel of land for which the application is submitted, and shall be accompanied by a fee established by resolution of the City Council.
(Ord. 1730, Add, 02/07/2005)
An applicant for a Beekeeping Permit shall declare under penalty of perjury that the beehive(s) for which a Beekeeping Permit is sought shall, at all times, comply the requirements of such Permit and this Chapter. The criteria set forth below shall be conditions of approval of any Beekeeping Permit issued hereunder, whether or not such criteria are specified or referred to in such Permit. Failure to adhere to such criteria or other conditions of approval set forth in the Beekeeping Permit or this Chapter shall be a violation of such Permit and this Chapter.
A. 
No more than two hives shall be maintained on any property, lot or parcel of land.
B. 
No hive shall be kept or maintained on any property, lot or parcel of land of less than 20,000 square feet of total gross area.
C. 
The owner's name, address, and location of all such hives shall be registered with the Community Development Department.
D. 
No hive shall be kept or maintained within twenty feet of any side property line on the property, lot or parcel of land upon which such hive is situated, or within one hundred feet of any dwelling unit other than that occupied by the person or persons maintaining the hive or hives or other persons residing on such property, lot or parcel of land.
E. 
No hive shall be kept or maintained within any required front or side yard.
F. 
All hives shall be oriented so that their entrances face a house or building on the premises and shall be surrounded by a solid fence not less than six feet in height or no more than the height specifically approved with the Beekeeping Permit application, located no farther than thirty feet from such hives. Said fence may be open on the side facing a house or building on the premises.
G. 
A constant and reliable water supply adequate to serve the needs of the hives located on the premises shall be maintained at all times on such premises.
H. 
No hive shall be kept or maintained within two hundred feet of a dwelling occupied by any person systemically allergic to bee stings.
I. 
No hive shall be kept or maintained on any property, lot or parcel of land that adjoins or abuts a property, lot or parcel of land that is occupied by a person who is systemically allergic to bee stings.
J. 
Prior to considering an application for a Beekeeping Permit, the Community Development Department will provide notice of the application to all owners and tenants of property located within a six hundred-foot radius of the property, lot or parcel of land where the hive(s) are to be located, measured from the property line of such property, lot, or parcel of land.
(Ord. 1730, Add, 02/07/2005)
The Director shall issue a Beekeeping Permit for the keeping of bees as specified in such Permit and this Chapter when the Director determines that such use: (i) meets the criteria set forth in this Chapter, and (ii) will not unreasonably disturb the health, safety, peace, or comfort of residents occupying properties, lots or parcels of land adjoining the property, lot or parcel of land for which such Permit is issued. Such Permit shall be personal to the applicant and shall not run with the land.
(Ord. 1730, Add, 02/07/2005)
The Director shall not approve an application for a Beekeeping Permit if the Director reasonably determines that the applicant cannot comply with the criteria set forth in this Chapter.
(Ord. 1730, Add, 02/07/2005)
A. 
The Community Development Department shall notify the applicant and all property owners and tenants receiving notice of the application of the Director's decision to either approve or deny the application.
B. 
In cases where the Director approves the application for a Beekeeping Permit, the notification shall include or specify the conditions of approval of such Permit.
C. 
In cases where the Director denies the application for a Beekeeping Permit, the notification shall include or specify the grounds or reasons for such denial.
(Ord. 1730, Add, 02/07/2005)
The Director may issue a notice of noncompliance to the holder of a Beekeeping Permit should such holder:
A. 
Fail to comply with the terms and conditions of the Permit; the provisions of this Chapter, or any state or local law, rule, ordinance or regulation pertaining to the keeping of bees; or
B. 
Conducts its beekeeping operation in a manner that creates a public or private nuisance or that adversely affects the public peace, health, safety, or welfare.
Such notice shall direct the holder to comply with the Permit, this Chapter, or such law, rule, ordinance or regulation or to abate the nuisance within a reasonable period of time. Such notice of noncompliance shall be in writing and shall be given or delivered by personal service, United States mail, or other reliable means of service to the Permit holder at the address shown in the Permit or such other address as the holder may, from time to time, provide in writing to the Director.
(Ord. 1730, Add, 02/07/2005)
A. 
When the Director issues a notice of noncompliance to the holder of a Beekeeping Permit and such holder fails to comply with the direction specified in the notice within the time period prescribed by the notice, the Director may set the matter for hearing to determine whether such Permit should be revoked or modified.
B. 
The notice of hearing shall be in writing and shall be given or delivered by personal service, United States mail, or other reliable means of service to the Permit holder at the address shown in the Permit or such other address as the holder may, from time to time, provide in writing to the Director.
C. 
The notice of hearing shall specify the time, place and date of the hearing and shall set forth a general description of the matter to be considered at such hearing. The notice shall further specify that the Permit Holder shall have the opportunity to present evidence as to why the Permit should not be revoked or modified.
D. 
The notice of hearing shall be served not less than ten days prior to the date of the hearing, unless the Director determines that the public health, safety, or welfare requires more immediate action, in which case the hearing may be sooner, provided the Permit holder is given prior verbal or written notice of the hearing.
(Ord. 1730, Add, 02/07/2005)
A. 
The Director shall conduct the hearing in an informal manner and shall afford the Permit Holder an opportunity to present evidence as to why the Permit should not be revoked or modified. The hearing shall be open to the public but the public shall not be permitted to provided testimony or comment during the hearing unless called as a witness.
B. 
The formal rules of evidence shall not apply. The Director may admit into evidence all evidence deemed relevant by the Director.
C. 
The Director may exclude witnesses form the hearing when not testifying, exclude disorderly or disruptive persons from the hearing, and make other orders deemed necessary to ensure the fair and orderly conduct of the hearing.
D. 
The proceedings of the hearing may be recorded if ordered by the Director or requested by the Permit Holder. A copy of the recording shall be made available for review by the Director or the Permit Holder.
E. 
If the Permit Holder fails to attend the hearing after receiving notice of the hearing, the Director may proceed with the hearing in the Permit Holder's absence.
F. 
After considering the evidence presented, the Director shall determine whether there is good cause and sufficient grounds to revoke or modify the Beekeeping Permit and shall render his or her decision in writing, stating the reasons therefor. The Director's decisions shall be final.
G. 
If the Director's decision is to revoke the Permit, the Permit Holder shall have ten days from the date of the Director's decision to remove all hives from the premises and discontinue the keeping of bees thereon.
(Ord. 1730, Add, 02/07/2005)
No person shall keep, maintain, or allow to remain on any property, lot or parcel of land under his or her ownership or control any wild swarms of bees.
(Ord. 1730, Add, 02/07/2005)