The city council finds that the unregulated and improper keeping of bees and apiaries in numerous locations throughout the city has in some instances become a nuisance and a hazard to the safety of landowners, roadusers and the public generally.
(Ord. 182 § 2, 1998)
Any word or phrase hereinafter used and not herein defined shall be given the meaning established for such word or phrase by the California Agricultural Code as it now is or may hereafter be amended.
(Ord. 182 § 2, 1998)
This chapter shall in all respect be construed to supplement and harmonize with the provisions of law of the state of California pertaining to bees and the beekeeping industry.
(Ord. 182 § 2, 1998)
A. 
All apiaries owned or kept within the city of Yucaipa shall be kept and located at a place at least one hundred (100) feet from all public roads (traveled portion), other than freeways, unless there are natural barriers to prevent bees from causing a nuisance or hazard to persons using the road and at a place at least two hundred (200) feet from all freeways.
B. 
All apiaries owned or kept within the city of Yucaipa shall be kept and located at a place at least five hundred (500) feet distant from the nearest house or building inhabited as a dwelling and shall not he kept and maintained at a lesser distance thereto unless the owner of the apiary first procures permission from the occupant or person using the building or house as a dwelling so to do.
C. 
All apiaries owned or kept within the city of Yucaipa near school yards or places where people congregate shall be located and maintained behind barriers (natural or otherwise) to cause bees to fly at a high altitude over such school yard or places where people congregate.
D. 
Abatement of Public Nuisance. No apiary shall be maintained or allowed to remain in any particular location in the city, but shall be moved to another location when the code enforcement officer determines that there are substantial numbers of bees from such apiary which are entering land other than where such apiary is situated and are causing a public nuisance to the extent that the health, safety or welfare of the public is endangered, or causing property damage through such violation. The code enforcement officer shall serve a written notice of the violation to the apiary owner or person in possession of the apiary requiring removal of the apiary within forty-eight (48) hours from the time the notice is served, all as provided in Section 6.18.035 of this chapter.
(Ord. 182 § 2, 1998)
Prior to locating or maintaining any apiary, a plentiful supply of fresh water must be furnished and kept available to such apiary at all times, unless an apiary is so located that the closest supply of water is an isolated stream or reservoir where water is available to such bees, and all other sources of water at locations where people or animals remain are farther from the apiary than the stream or reservoir. If no such stream or reservoir is available to the bees, the owner or person in possession of said apiary shall cause to be placed and maintained a watering place within one hundred (100) yards of the apiary.
(Ord. 182 § 2, 1998)
Any person as apiary owner or possessor who violates any provision of this chapter may be the addressee of a written notice to cease or remedy such violation, the notice coming from the code enforcement officer of the city. Said notice shall require that such person cease or remedy the violation within forty-eight (48) hours. The notice required by this section shall be sent by registered mail (return receipt requested), and also shall be posted at a conspicuous place on or near the apiary where the violation has occurred. The forty-eight (48) hour period specified by such notice shall commence to run from the time both mailing and posting have been accomplished. Failure of the addressee of such notice to receive the same shall have no effect on the validity of such notice.
(Ord. 182 § 2, 1998)
The code enforcement officer or his or her assistants, deputies, employees, or contracting agents may enter upon the private property for which the notice has been given and abate and/or remove the apiary to terminate the violation of this chapter. However, the code enforcement officer or his or her assistants, deputies, employees or contracting agents shall not cause the destruction of any bees or of any apiary.
(Ord. 182 § 2, 1998)
The code enforcement officer at the time of the abatement provided for in this chapter shall keep an account of the cost of abatement and shall render an itemized report in writing to the city council showing the cost of the abatement and making the corrections necessary to bring the apiary into compliance with this chapter.
(Ord. 182 § 2, 1998)
Before the report is submitted to the city council a copy of it shall be served, as provided above, on the owner and/or the possessor of such apiary with a notice of the time when the report will be submitted to the council for confirmation.
(Ord. 182 § 2, 1998)
At the time fixed for receiving and considering the report, the council shall consider the report and any objections of any apiary owner or possessor liable to be assessed for the work of abatement.
(Ord. 182 § 2, 1998)
The amounts of the cost for abating the violation of this chapter mentioned in the report as confirmed shall constitute a special charge against the apiary owner or against the possessor, who shall have received notice as provided above, and said individual or individuals shall be liable to the city of Yucaipa jointly and severally for the amount of said charge. The code enforcement officer shall recover such charges by court action if not paid within fifteen (15) days of the council’s confirmation.
(Ord. 182 § 2, 1998)
Any apiary, or use of property regulated by the provisions of this chapter, which is used or maintained in violation of any of said provisions shall behind the same is hereby declared to be, unlawful and a public nuisance, and the city attorney shall upon request of the code enforcement officer commence an action or suit for the abatement, removing and enjoining thereof, in the manner provided by law, and as seems most appropriate. All remedies provided for herein shall be cumulative and not exclusive. In the event of a criminal action, the conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing property which is in violation, nor prevent the enforced correction or removal thereof. Every person, firm or corporation, as principal, agent or employee violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof a condition that the violator shall comply with the law of which he has been convicted and shall abate or correct such illegality.
(Ord. 182 § 2, 1998)