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HomeMy WebLinkAbout09/02/2008, COMM - I I 6.28.070-6.28.080 6.28.070 Bees prohibited—Exception. No person, firm or corporation shall keep bees within the corporate limits: provided, that noth- ing oth ing herein contained shall be deemed to apply to keeping of bees for the purpose of study and \ � 1 C Ct observation in a hive or box, which is situated and kept within a school building. (Prior code § — -a 3120.6) 6.28.080 Breeding prohibited in city. No owner of, and every person in possession or in charge of, any animal shall breed or permit the breeding of such animal within the city.(Prior code § 4120.7) COUNTY OF SAN LUIS OBISPO Robert Lilley x' Department of Agriculture/ AGRICULTURAL COMMISSIONER Measurement Standards AgCommSLO@co.slo.ca.us 2156 SIERRA WAY, SUITE A (805) 781-5910 SAN LUIS OBISPO, CA 93401-4556 FAX (805)781-1035 TO: Current Beekeepers FROM: County of San Luis Obispo Department of Agriculture SUBJECT: Apiary Registration If you are planning on bringing bees into this county please accurately complete the attached Apiary Registration Foran and make a copy for your own records. There is a registration fee of$10.00 to be paid to the county where the bees are residing on January I'of each year. Please make checks payable to: Department of Agriculture. As required by California Food and Agriculture Code Section 29040,every person who owns an apiary within the State of California is required to register the number of colonies in the apiary and the location(s)of the apiary(ies). Section 29044 states that each beekeeper, apiary owner, apiary operator,or person in possession of any apiary,shall pay,in addition to any other fees imposed under this chapter, an annual registration fee of ten dollars($10)to the commissioner of the county where the bees reside on January 1,to cover the cost of apiary registration. t Requesting restricted pesticide notification: If a request for restricted pesticide notification is necessary,then complete the lower half of the form by providing a time(nrinimum two hours) and phone number where you can be reached. The accuracy of apiary locadon(s)is critiical for all parties and stajJ''involved, our accuracy is based on your accuracy. Section,Township and Ranges are preferred otherwise use the distance from the nearest crossroads and compass directions(i.e.North,South etc.). Our department will notify you if we need any further clarification or please call if you have questions. The registration form can be mailed or hand delivered to: County of San Luis Obispo Department of Agriculture/Measurement Standards 2156 Siena Way, Suite A SanLuis Obispo,CA 93401 Attention: Nancy David If you have any questions or need additional information, please contact Nancy David at: (805) 781-1557 or email: ndavid@co.slo.ca.us S:Apiary/ApiaryRegLc= 1 Agricultural Commissioner APIARY REGISTRATION County of San Luis Obispo Please print NAME: COUNTY: DATE: ADDRESS: BRAND NO: PHONE:( ) CITY/STATE: ZIP: Please-print form,complete in ink,and mail along with a check for the registration fee of$10.00 made out to the San Luis Obispo County Agricultural Commissioner's Office to: San Luis Obispo County Agricultural Department 2156 Sierra Way,Suite A San Luis Obispo,CA 93401 ❑ Please check here and return tl you no longer have bees in this county. Please print form,complete in ink,and mail along with Bees sold to: LOCATION OF APIARIES IN THIS COUNTY ON JAN 1, 0 of Please describe location to It can be plotted on a county map. Use roads,waterways, Section,Township, colonies intersections,landmarks,ranch names, directions(N,S,E.or YY)distances,Indicate Range which side of road,etc. Attach Additional List If Needed REQUEST FOR PESTICIDE NOTIFICATION I hear by request to be notified before pesticide applications as provided for in Section 29101 of the California Food and Agriculture Code and Title 3 Caftmia Administrative Code Section 6654. 1 am available for notification during the two hour time period from to seven days a week,by collect call to the following phone number(s): ( ) or I I I understand that if I fail to submit my request for pesticide notification to the Agricultural Commissioner IN WRITING within the 72 hour period before relocating.I may not be entitled to recover damages for any injury from pest control operations. I also will not recover damages ff I fail to property post an identification sign at my apiaries or am not available for notification at the hours I have designated above. I understand that this"REQUEST FOR NOTIFICATION"will expire next December 31'. DATE SIGNATURE Beekeeper DATE RECEIVED SIGNATURE Agricuftural Commissioner!Repmsemative SM LM Ob o OOry�d CDFA bre E3@] 12am SAM&VAM d0WM cud 6.28.070-6.28.080 6.28.070 Bees prohibited—Exception. No person,firm or corporation shall keep bees within the corporate limits: provided, that noth- ing herein contained shall be deemed to apply to keeping of bees for the purpose of study and observation in a hive or box, which is situated \, and kept within a school building. (Prior code § i 4120.6) i r 6.28.080 Breeding prohibited in city. 1 No owner of, and every person in possession f or in charge of, any animal shall breed or permit the breeding ofsuch animal within the city.(Prior code §4120.7) Pronari g -i each to Teach Student Beekeepers in Schools by DYANNE M. TRACY dtracy@oakland.edu Oakland University Rochester, MI 48326 From July 2006 to June 2008, the the guest lecturers were experienced bee- spring. After various presentations to United States Environmental keepers; and 14 of the teachers had never school principals, school boards and local Protection Agency funded a grant been to an apiary. Twelve friends or fami- nature centers, approval for placement of called,"Michigan Teachers'and Students' ly members of the teachers enrolled in the seventeen hives in eight different counties Honey Bee Project for Ecology," class visited class and/or the apiary some- was secured. Some teachers had a chance (MiTSHAPE) in which 18 teachers from time during the two weeks.This collective to work with their mentor beekeeper in Michigan became novice beekeepers and knowledge served to inspire virtually order to practice and reinforce their new in turn taught their own students to do the everyone associated with the course. skills. same. As a professor in the School of Teachers had taken a knowledge pretest, Teachers began to integrate the beekeep- Education at Oakland University, scoring an average of 40.1%; by the con- ing curriculum and continued into the Rochester, Michigan, I believe that study- clusion of the course their post-test aver- Winter 2008 semester. Student feedback ing honey bee biology and beekeeping is a age was 86.8%. An Apiary Performance was favorable and the excitement grew as cutting-edge topic that can be integrated test was administered the day before the the unassembled woodenware,student bee into every school subject at every level. course ended with an average score of suits and tools arrived.Teachers found that Whether beekeeping is studied as part of 98.2%.Clearly,teachers had gained a great many students wanted to spend lunch time the formal curriculum or the informal cur- deal of knowledge and experience in a and time after school working with their riculum, beekeeping in school offers short time; they integrated this into their newly acquired beekeeping equipment and teachers and students numerous benefits. respective curricula for use at their home honey bee knowledge. Colleagues asked school, extension service or nursery busi- about being involved with the project,and Teachers Become Beekeepers ness (See http://www.oakland.edu/ parents asked how they could learn,too. In July 2007, 18 teachers attended a MITSHAPE/projects.html for copies of As winter slowly turned to spring 2008, two-week graduate level course called their curricula.). the date for delivery of the packaged bees "Integrating Beekeeping Across the grew closer only to be delayed by wet and Curriculum" at Central Michigan Teachers Return to School cold weather in the south; therefore the University Biological Station on Beaver During Fall 2007, teachers worked to number of emails and phone calls regard- Island,Michigan.Three elementary school secure permission from their school to ing the bees'arrival swelled.Students were teachers,four middle school teachers, five place a hive on the property the following urged to get their permission slips signed high school teachers and one administra- tor,two extension teachers,one communi- ty college instructor, and two college pro- fessors spent at least ten hours a day(seven hours in class and three hours of"home- work") increasing their knowledge and skills associated with beekeeping. Using Dr. Dewey Caron's text, Honev Bee Biology and Beekeeping, as a guide,topics were augmented by Internet research, r r DVDs, streaming videos, guest lecturers (emergency medical technician, college K biologist, entomologist, and botanist), 1*. PowerPoint presentations, literature,- a it commercial movie, role playing, wood- shop work, and many apiary experiences. An emphasis on student safety and the goal - r; to"NEVER GET STUNG"pervaded all of class that resulted in a list of suggestions , suitable for posting. — � A strong sense of community developed among the teachers, the guest lecturers, and me. I had been a hobbyist beekeeper Eighteen teachers from Michigan became hobby beekeepers and for 8 years;four of the teachers and two of then taught their own students to do the same. September 2008 797 and returned (a sample can be found at http://www.oakland.edu/MITSHAPE/links (almost) NEVER GET STUNG 1 .html). Finally,the honey bees arrived and students were able to don bee suits, light (Guidelines for Teachers Teaching Students) smokers and experience the amazing insects. -Wear gloves, veil, protective clothing. Since"pictures say a thousand words."I -Avoid hive examination on cold, cloud or rain days. encourage you to get on the Internet and -Move slowlyand calmly y y click onhttl. where you can watch an H-PE/ •Avoid colrful attire..y minute vide where you can watch an ll- -Do hive mani ulations between 10 am & 4 m. minute video of some of the newest stu- p p dent beekeepers in Michigan. In the mean- •Walk away making 90° turns. time,let me do my best to describe student -Move into a dark space. feedback about becoming a novice bee- -Avoid strongly scented fragrances, soaps and cosmetics. keeper. -Don't upset hives.. (ex: throwing rocks, lawn mowing, bumping into it) Student Growth •Don't stand or walk in bee flight path. Pride.Students say that they feel a sense of -Post caution signs by hives. pride.They have learned a"scary"subject -Don't bother foraging bees. akin to studying sharks or bats, riding a -Keep gentle bees by requeening if they get defensive. giant roller coaster, and watching or read- -Keep a water source near the hives. ing a science-fiction thriller. They have -Manage hives to keep the bees from swarming. accomplished something completely and -Always use a smoker; use smoke abundantly. utterly new.As fledgling beekeepers, they -Have hive tools ready. are practicing brand new processes that -Limit hive manipulations to 10 minutes. will assist living animals to succeed at pro- -Exit apiary area before removing protective clothing. ducing food and utilitarian products. -Visually check and scan for bees on bee suit before removing it. Wonder and awe. People of every age are -Observe bees on flowers by standing still at a small distance away.. simply amazed at the advanced social insect.Apis mellifera. It is the only insect that produces food and other products used fy the time, energy and;cost of studying istrators in realistically assessing the risk by humans.It is the only insect with flower beekeeping in schools.I am collecting data compared to the benefits (See Honey Bee consistency. It is an insect with a solar nav- about the number of honey bee stings and Sting Statistics in an Educational Setting at igation system,an ability to create enough the actions needed (if any) in the educa- http://www.oakfand.edu/MITSHAPE/links heat and cooling effects to keep its brood tional apiaries to assist other school admin- html). at 94 F. and a communication system that allows other hive members to work for the survival of the colony as a whole. SEPTEMBER THROUGH • • Confidence.Students who study bee biolo- gy and who are"suited up"with zippered ITALIAN AND ' • QUEENS veils display a confidence that spills over to other areas of their thinking.They think Queen Hawaii Kona Q positively about themselves as students of Kas �L science. They express confidence about „ learning other topics in science and they �- think about taking on a career in science. F a Environmental awareness. Students get to -.,..•.,.=-�� (808) 328-9016 experience the insect cycle,the plant cycle, P.O. Box 768 Captain Cook, HI 96704 weather patterns, geology and ecosystems 1Gus Rouse Owner outside the walls of the classroom and school building. This integration of sci- ence topics makes science come alive,and �� ��1�lS it is the impetus for thinking about the actions they and others can take to improve yy��yy.� the habitat for honey bee survival. �``,��ODNWA��yy��U5 Fun. Being surrounded by working honey bees is exciting. It motivates students to HIVE BODIES Ponderosa Pine learn more. It encourages students to par- SUPERS Kiln Dried ticipate in the real-world as a"citizen sci- entist."It provides a chance to become part For Competitive Pricing Call of an intergenerational community of bee- keepers. Shop(707)744-8500 Conclusions Cell(707)391-5181 While this article was written just six weeks after at the( installed their e pra - 800 Duncan Springs Rd. Hopland Ca.95449 it is hoped that the(almost)sting-free prac- tices of teacher-beekeepers will help justi- 798 American Bee Journal • J Sri MIJ Awe 1 by HOWARD SCOTT My bee club is strong and the club can match harvesters. Those who Sometimes voting is done by the meeting active. Its members number harvested I to 3 supers will be matched as attendees. For important issues, all mem- 200. At least 40 people attend will those with 5 to 8 supers. bers vote through email and meeting atten- regular monthly meetings. Every year,our Our biggest sales event is the annual 10- dance. Fairness is important. bee school brings in new, enthusiastic day summer country fair every August. Because of our cooperative attitude,our novices. Individuals are always coming up Manning the booths requires about 600 meetings are never rancorous or divisive. with new ideas and projects. Our coffers hours of volunteer help.The club operates Social events, such as the fall picnic and are full. Elections are always heated a honey exhibit staffed by two to three vol- the Christmas party, are always well- affairs, with several candidates vying for unteers,as well-as a candle-making opera- attended. Despite different personalities, office.Yet,it wasn't always this way.lust a tion, staffed by one or two volunteers. To everyone gets along. No one is ever ostra- half a dozen years ago, we had a divisive sell honey at the fair, the rule is the mem- cized.As a result, diverse individuals feel president, wherein half the club almost ber must volunteer at least two shifts. To wanted. bolted to form their own organization,and use the club extractor, the member must Third,a good club gives members pride everyone was feeling frustrated. have also volunteered at the fair.So there is in their activity. We have several bulletin Fortunately, we emerged from that dismal a strong incentive to participate. It used to boards,where we pin up recent articles by period.So how does a club prosper? be that we had trouble filling up the slots. or about members. One individual is in There are three basic reasons. First, do But not now. It is considered a privilege charge of gathering and disseminating tasks together that help beekeepers. and fun activity. Of course, it is an excel- newspaper articles having to do with bee- Second,provide a sociable,non-antagonis- lent market for beekeepers to sell their keeping.We encourage participation at the tic, inclusive atmosphere. Third, give honey. The club takes 10%, which leaves bee school, where anyone can offer com- members pride in their activity. 90%for the seller. ments.We urge novices to become mentors First, make it easier to be a beekeeper. The point of these activities is to help the to bee school attendees, because their Clubs can bulk order bottles and offer beekeeper. Each project takes work. experience is fresh. cheaper prices. In the spring, clubs can Someone must head each project. There With such enthusiasm, everyone finds a gang up bee package orders, and save must be a lot of organization. Volunteers way to contribute. One new member,who money by sending a truck down south to must be easily assembled.Every individual works in a processing factory, brings in retrieve the packages.Clubs can bulk-order who goes through the bee school realizes large vats of unused sugar.Another metal medicines and distribute to members for that there are many advantages to being a worker made a giant honey bee,which sits less money than if the members had to club member. on our meeting wall.Others enjoy bringing order individually. Clubs can oversee fair Second,be cohesive. I have been in the in their new honey-based recipes for break sales, and help members locate marketing bee club where each meeting was a battle time. Still others offer their houses to use opportunities. to get through. One club administration for social events. We have an annual bottle drive. One became tied up in rules and semantics. Creating pride and enthusiasm requires member solicits orders by email and at club What should we call our bee school, how strong communication skills. Every club meetings. Two months later, he places an should we reword our bylaws to minimize should have one member who has good order. His employer lets him receive the the chance of lawsuit,that sort of nonsense. computer skills, who oversees the e-mail bottle order in their warehouse. On the Another club epoch got knotted up over communications network. On-line mem- ! Saturday morning after delivery, every- personality disputes.Why was the cabal of bers receive a steady stream of entails(usu- thing is distributed. Members arrive from insiders making all the decisions,and leav- ally three or four each week) as well as a 8:30 to noon to pick up their orders. The ing the rest of us to like it or take a hike? monthly newsletter. Anything to do with bottle organizer asks for and receives three A cohesive organization seeks to be beekeeping—newspaper articles, reports. t or four volunteers who help him count out inclusive, to treat everyone as a potential scientific findings,other club activities are bottles and caps. Last year's order was contributor, and to recognize everyone's included. However, because some people about 350 cases. talents.We welcome newcomers by asking aren't on the web.there needs to be.a coor- We are currently in the process of creat- them to stand and tell us about themselves. dinated snail mail program. Off-line mem- ing an extraction room.The club purchased We show appreciation, by mentioning the bers receive the monthly newsletter paper a radial extractor. Four members are effort in the meetings and monthly copy. removing a wall and remodeling a large newsletter. Sometimes, for special efforts, Grow your club.Make it thrive.Provide room in our rent-free facility. Another we give $40 gift certificates. We avoid services for the practitioner. Welcome member is giving the club a holding tank. petty bickering by encouraging discussion every individual and all his/her idiosyn- By summer, the room will be set up and of all issues. We give anyone's idea a fair crasies. Make the individual proud to be a ready to extract. Two to four beekeepers shake by appointing a committee to inves- beekeeper. will be able to pick a date. arrive in the tigate the matter and reporting back to the Howard Scar is a 25-rear member of morning, and extract everyone's honey by club. Plymouth Coanrn Beekeepers based in mid afternoon. By administering the task, Always. majority rule decides. Hanson, Mass. September 2008 799 Project Descriptions for 4=H Animal Science 2-A Angora Goats Learn about Angora goats and their care and management Members may raise animals for marketing, breeding, or for Angora wool. Own- ership is preferable,but opportunities are available for non-owners. 2-8 Dairy Goats Learn about dairy goats,their care and management.Members may raise animals for market,milk,or breeding.Ownership is preferable.Oppor- tunities are available for non-owners. 2-C Pygmy Goats Learn about pygmy goats,their care,feeding,and management.Mem- bers may raise animals for pets,for breeding,or for selling.Ownership is preferable. 2-D Beef Cattle Learn about beef cattle and their care and management.Members may raise animals for meat or for breeding.Ownership is preferable.Oppor- tunities are available for non-owners. 2-E Dairy Cattle Learn about dairy cattle,their care and management Members may raise animals for milk,breeding or sale as bred heifers.Ownership is prefera- ble. Opportunities are available for non-owners. 2-F Guide Dogs Raise a puppy for Guide Dogs for the Blind,Inc.Applications are required and may be obtained through the 4-H Office. 2-G Dog Care and Training Learn about dogs, their care and feeding. Give obedience training to one or more dogs. 2-H Entomology Learn to collect, mount and identify insects. Learn about harmful and beneficial insects and their habitats,use and contol. 2-1 Beekeeping Learn about bees and their care and equipment Manage one or more hives of bees.Ownership is preferable. Learn about the handling and sale of honey and about the bee industry. 2-J Horses and Ponies Learn how to care for,feed and ride a horse or pony.The animal may be either owned or leased.Handicapped riding and the"horseless project" (learning about horses and ponies without access to one)are offered in some counties. 2-K Pets and Other Small Animals Learn about, care for, and train pets and small animals such as cats, hamsters,birds,and white rats. May include breeding and selling. 2-M Rabbits Learn the care, feeding, and management of rabbits. Members may raise animals for pets, market,fur,showing,or breeding. Ownership is preferable. 2-N Cavies Learn the care,feeding,and management of cavies.Members may raise the animals for pets, for market, showing, or breeding. Ownership is preferable. 2-0 Sheep Learn about the care and management of sheep. Members may raise animals for market,breeding or wool.Ownership is preferable.Oppor- tunities are available for non-owners. Cooperative Extension University of California Division of Agriculture and Natural Resources 4-H-7080 California 4-11 Projects Citizenship/Civic Education 4� Commodity Marketing Citizenship/Service Learning Leadership Community Pride �' ^y a Self-Determined Projects Domestic and International Exchange Programs Plant Sciences CommunicationslExpressive Arts Field Crops Communications Fruits,Nuts,and Berries Creative Arts and Crafts Gardening&Horticulture Cultural Arts Ornamental Horticulture Graphic Arts Plant&Soil Science Leathercraft Sugar Beets Photography Animal Sciences- Companion Pets Public Speaking Cavies Consumer/Family Services Dog Care&Training Child Development and Care Exotic Birds Clothing and Textiles Guide Dogs Consumer Education Pets&Small Animals Fashion Revue Pygmy Goats Home Environment Animal Sciences -Livestock Production Home Management Angora Goats Parenting Beef Environmental Education/ Dairy Earth Sciences Dairy Goats f� y� Horses Poultry Conservation of Natural Resources r fi ' " ELL Rabb &Game Birds its Energy Management i Sheep Forestry Swine Marine Biology&Oceanography tl SERIES/Y.E.S. Other Agriculture Sciences Soil&Water Conservation 't Beekeeping Wildlife a Embryology Healthy Lifestyles t Entomology Veterinary Science Breads Camping&Outdoor Adventure Science & Technology Dairy Foods Aerospace Expanded Food&Nutrition Automotive Education Program(EFNEP) Bicycles Fitness Leadership Computers Food Conservation,Preservation,&Safety Electric Energy Food Nutrition ,l Farm Machinery Health General Engineering Individual &Group Sports Safety(Individual&Group) Persona!Development & Leadership Small EnginesWood Science Career Exploration ————————————N\ SLO COUNTY 4•14 This list suggests projects which may be offered in 4-H. Con- 2156 SIERRA WAY,SUITE C tact your local county Extension office to find out what projects I SAN LUIS OBISPO,CA are available in your county. 93401 (805) 781-5943 ------------- The ------------The University of California,in accordance with applicable Federal and State law and University policy,does not discriminate on the basis of race,color,aational origin. religion,sat,disability,age,medical condition(cancer-related),ancestry,marital status,citizenship,sexual orientation,or status as a viemam-era veteran or special disabled veteran. The University also prohibits sexual harassment.Inquiries regarding the University's nondiscrimination policies may be directed to the Affirmative Action Director,University of California,Agriculture and Natural Resources,1I I I Finaltlin Street,6th Floor,Oakland,CA 94607-5200,(510)987-00%. Revised 6/98 CA Codes (fac:_9040-29056'}.__' �� Pave 1 of 5 FOOD AND AGRICULTURAL CODE SECTION 29040-29056 231040 . Etiery oerson that is the owner Or is in possession Of an apiary which is located within thestate, on the first day OT Januaryeach year, shall register the number of colonies in each apiary which is owned by the person and the location of each apiary. person required to register under this article, shall do so on the ry first day of January of each year in which they maintain, possess, or are in possession of an apiary, or within 30 days thereafter, as prescribed in this article . 29041 . Notwithstanding the California Public Records Act (Chapter 3 . 5 (commencing with Section 62.50) of Division 7 of Title 1 of the Government Code) , any information provided in accordance with this article or Section 29070 shall be held confidential , and shall not be disclosed to any person or governmental agency, other than the department or a county department of agriculture . The information shall also be considered privileged under the provisions of Sections 1040 and 1060 of the Evidence Code, with the exception of the location of apiaries for disclosure to pesticide applicators pursuant to Section 29101 . 2-1042 . Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. 29043 . Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there is no commissioner in the county. The director shall adopt a form of registration to be used statewide, which shall include a request for notification of use of pesticide in accordance +lith Section 29101 . A11 commissioners shall use the same fcrm. 29044 . Each beekeeper, apiary owner, apiary operator, cr person in t'.-ssessir'n of any apiary, �;�a11 pa y, in addition to any other fees i::�cosed under this chapter, an an uali ria strat-on fee of `e to zhe cc-rimisSic-er of the county where he d - - e bilarsees eS reS�.de on ..'a^L'=i,'J 1 , t0 CCVer _:-.e Cost Of apiary registration. The director Shall by regulation adOOt and periodically update a Schedule of tiie GA Codes (fac:29O40-'905 ` Pale ? of 5 fees, which shall include late fees for anyone who fails to pregister an aiary under Sections 29041 and 29042 . The board of supervisors of any county may waive the registration fee for any beekeeper, apiary owner, apiary operator, or person, who is a hobbyist not in the business of beekeeping and who possesses nine or fewer colonies . 29045 . No person shall maintain any apiary which is not registered pursuant to this article . Each registration is valid until January 1 of the following year. 29046 . (a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows : (1) By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect . (2) If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner which is prescribed in the ordinance. (b) No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent thereof, and can establish approval upon demand of the director or commissioner. The approval shall include the name and phone number of the person granting approval . (c) (1) No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity which owns, leases, controls, or occupies the land, and can establish this approval upon demand of the director or the commissioner. The approval shall include the name and telephone number of the person granting the approval . During the citrus bloom period, as established by the commissioner, including 72 hours prior to the declaration of the bloom period until 43 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the director or the commissioner upon demand. any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject tO seizure commiss_o er by the director or the (2) The director or commissioner may superior court of c commence proceedings in the t= ounty or city and c r.- is made petitionir: y o� �y in which the seizure Upon g the court for judgment forfei* irg the apiary. A=on -: e filing of tie potiticn the - time for a h clerk. of the court shall fix a oaring and cause notices to be posted for 14 days in at CA Codes (fac:29010-29056) Page 3 of 5 1'east three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing . At that time, the court shall hear and determine the proceeding and uoon proof that the apiary was located or maintained on public lands without approval of theentity, may order the apiary forfeited . Any apiary so forfeited shall be sold or destroyed by the director or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032 . 29047 . Any person who owns or is in possession of an apiary may bring an action to recover damages for any injury to his or her apiary by reason of any pest control operation if the person has complied with Sections 29070, 29043 , and 29046, and with regulations adopted by the director providing for the protection of bees under Sections 11502 , 14005 , and 29080 when these requirements apply to the property where the alleged damage has occurred. 29048 . Any pesticide applicator who experiences any loss because of a beekeeper ' s failure to request notification of a pesticide application pursuant to Section 29070, or pursuant to any department rule or regulation, or who experiences any loss because of a beekeeper ' s failure to register bees pursuant to Section 2.9041 or 29042 , may bring an action for the recovery of damages against that beekeeper. 29049 . The owner of any apiary equipment may apply to the director for a serial number brand for use on apiary equipment which he or she owns . The application shall contain the name and address of the applicant and shall be accompanied by a fee, as established and periodically updated, by the director by regulation. 2900 . upon receipt of the application and fee, the director shall register a serial number brand to the applicant . The serial number shall include a ccunty number followed by an individual number. The county number shall be and remain the same as the number of thei c_ass o the county in the classification which was adopted by the Legislature in 1931 . As to ccuntles with - nri �SiY _ cla ssification numbers 1 tothC county number shall_ be preceded by a dash TI-- cou:-:ty number shall be fcllcwed by a dash ( - - ) _'-dividual number . and the J_'A Codes (tar:39040-39056' Page 4 of 5 29051 . If a serial. number brand is used on wooden equipment , it shall be burned into the wood in numbers which are at least one-half inch in height . Hive bodies shall be branded on the upper left-hand corner. Frames shall be branded or stenciled on top bars . Other wooden equipment may be branded in any manner desired. 29052 . Serial number brands are transferrable . 29053 . (a) If the purchaser does not have a registered brand number, he or she may use a brand acquired by purchase if a bill of sale on the purchased brand number is forwarded by registered mail to the director accompanied by a transfer fee as established and periodically updated by the director by regulation. (b) If the purchaser has a previously registered brand number, he or she may have other brand numbers transferred to his or her name, without charge, but he or she shall destroy any and all branding irons or branding devices acquired by the transfer and notify the director of the destruction. 29054 . If ownership of branded equipment is transferred, the original brand shall not be defaced or obliterated. The brand, if any, of the new owner shall be placed below the original brand and as near it as possible . 29055 . It is unlawful for any person to have in his or her possession any apiary equipment which is branded with any serial number brand other than his or her own unless he or she has a bill of sale which he or she obtained from the registered owner of the serial brand number . 29055 . It is unlawful for any person to do any one of the following : (a) Use any serial number brand unless it is registered pursuant to this article provided that the National Crime Identification Center (NCIC) numbers may be used. (b) Alter, deface, remove, or obliterate the brand on any apiary equipment to prevent the identification of the equipment . (c) 3e in possession of any apiary equipment upon which the brand has teen altered, defaced, removed, or obliterated. Iiiin-i"v u.-vu 1poinfn rn nnv/rni_}�in? li c..ln, n n.a.�7...�..t:, .--G._ O_.___.._—�nnn• nnnn.. n ..,. _ _ _ ____ Title 5 AGRICULTURE Chapter 5.04 BEES*,** *Note to Chapter 5.04 * Chapter 1 of Division 13 of the Agricultural Code of the state of California (Section 29000 et seq.) permits a county to identify apiaries, permits a county to have county apiaries inspectors, permits the agricultural commissioner of the county under the Secretary of Agriculture to enforce the provisions of said Chapter 1, and makes the agricultural commissioner of the county an ex officio state apiary inspector. ** Article 1 of Chapter 1 of the California Health and Safety Code (Section 101040 et seq.) permits the county health officer, in an emergency, to take any preventive measure to preserve the public health from any public health hazard by means of abatement, correction, removal of any other protective step. 5.04.010 Purpose. The unregulated and improper keeping of bees and apiaries in numerous locations throughout the unincorporated and incorporated territories of the county becomes a nuisance and a hazard to the safety of landowners, road users and the public generally. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) 5.04.020 Definitions. Any word or phrase hereafter used and not defined in this chapter shall be given the meaning established for such word or phrase by the.California Food and Agricultural Code and California Health and Safety Code as it is now or may hereafter be amended. Whenever in this chapter the term "commissioner" is used, it means the county agricultural commissioner and regularly appointed employees of the county department of agriculture acting pursuant to the commissioner's instructions. Whenever in this chapter the term "health officer" is used, it means the county health officer and regularly appointed employees of the county department of environmental health acting pursuant to the health officer's instructions. Whenever in this chapter the term "public health" is used, it includes stinging from hymenopterous insects. Whenever in this chapter the term "person" is used, it includes landowner, tenant, renter, lessee and licensee. Whenever in this chapter the term "dwelling" is used, it shall include an occupied structure. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) 5.04.030 Provisions supplement laws. This chapter shall in all respects be construed to supplement and harmonize with the provisions of law of the state pertaining to public health, bees and the beekeeping industry. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) 5.04.040 Entry on premises. The commissioner is empowered to enter upon any premises where bees are kept, or ,)on which he has reason to believe that bees are kept, in order to carry into effect ` the'provisions of this chapte _ Ord. 2791 § 1 (part), 1997: Ord. 2•�, , § 1 (part), 1986) 5.04.050 Administration. Complaints to the Commissioner. Complaints against bees searching for water or causing a public health hazard or a public nuisance may, after review and at the commissioner's discretion, be investigated. The commissioner may, after Investigation, determine whether an apiary constitutes a public health hazard or a public nuisance and may cause removal of any apiary where the bees are not in compliance with the provisions of this chapter. (a) Inspection Authorized. The commissioner Is authorized, and may upon request of an agricultural producer or the owner or shipper of an apiary who requires a certificate of apiary Inspection, to inspect and certify as to colonies being apparently free from Africanized honey bees, or any regulated honey bee disease or parasite. (b) Inspection Fee. A certificate of inspection fee is established by the board of supervisors. (Ord. 2791 § 2, 1997) 5.04.060 Regulations. (a) Interference. It is unlawful for any person to interfere with the official acts or duties of the commissioner. (b) Identification Sign. Every person owning, operating or controlling an apiary located on premises other than where such person resides shall identify such apiary as is now provided or hereafter may be provided by the laws of the state. (c) Distance from Roads and Property Lines. No person shall place or keep an apiary, or cause or allow an apiary to remain, so close to a property boundary or a public or private road used by the public as to constitute a public nuisance or public hazard to persons using such road or property. Except when pollinating crops, (d) Distance from Building. Other than buildings owned or occupied by such person, no person shall place or keep an apiary, or cause or allow an apiary to remain, so close to any building used as a dwelling as to constitute a public nuisance or public hazard to persons using such dwelling. (e) Permission of Landowners or Tenants in Possession. No person shall place or keep an apiary, or cause or allow an apiary to remain on land not owned or possessed by such person, without first obtaining permission by the owner or person lawfully in possession of such land. The permission must be verifiable by the agricultural commissioner. (f) Transportation of Bees. Except in the case of an emergency, hives of bees being transported on, or parked adjacent to, public roads or highways at a time when the bees are flying shall have the bees substantially confined by screens or other means to the vehicle by which the bees are being transported. (g) Water Supply and Flight Path. (1) Every apiary shall be provided with an adequate quantity of water by the apiary owner or his employee(s) prior to the time the apiary is set on a property; unless, in the event the property is leased, the landowner gives verifiable permission to use existing water situated on the land where the apiary is located. (2) The water supply at each apiary site shall be located near the apiary and the water shall be maintained by the apiary owner so long as the apiary stays Page 3 San Luis Obispo County Code: Title 5: Agriculture,Chapter 5.04 Bees on the property. The water shall be of a quality acceptable to and must be used by the bees. (3) Every apiary shall be located and maintained so as to cause the bees to fly in a direction or at an altitude that does not cause a public health hazard. (h) Abatement of a Public Hazard Causing Stings. If the commissioner or health officer determines that the presence of honey bees constitutes an immediate public health hazard to the extent that the health, safety or welfare of the public is endangered through such a condition, the commissioner or health officer may forthwith take such steps to abate such hazard as seems necessary and proper in the circumstances. The health officer is empowered to enter upon any premises in order to carry into effect the provisions of this section. It is unlawful for any person to interfere with the official acts or duties of the health officer. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) 5.04.070 Notice of violation. Any person who violates any provisions of this chapter may be served with a written or verbal notice to cease or remedy such violation by the commissioner. Except for a public hazard or nuisance to the extent that the health, safety or welfare of the public is endangered, such notices shall require that such person cease or remedy the violation within forty-eight hours. The notice may also specify whether the identified violation will be treated as a misdemeanor or an infraction. The determination of misdemeanor or infraction status shall be made by the commissioner prior to the issuance of a citation, taking into consideration all the factors known to the commissioner relative to the violation, including gravity, severity, quality and nature ' of an aggravation of the circumstances of the violation and any matters in mitigation. The notices shall require that such persons cease or remedy the violation within forty- eight hours unless the circumstances immediately endanger the public and necessitate abatement. Any person who fails to cease or remedy the violation within the forty-eight-hour time period is guilty of a misdemeanor or infraction as specified in the provisions of the notice. The notices required by this section shall be served personally on such person, or, if he cannot be found, shall be served by United States mail, first class, postage prepaid to the most recent address of the person known to the commissioner; or if said person is actually determined not to have been served by mail, then service shall be accomplished by posting a notice in a conspicuous place on or near the apiary where the violation occurred. The forty-eight-hour period referred to in this section shall commence to run from the time on a day when notice is served pursuant to this section. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) 5.04.080 Penalties. Pursuant to County Code Chapters 1.04 and 1.08 and Government Code Section 25132, any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this chapter shall be guilty of a misdemeanor or infraction as specified herein and, upon conviction thereof, shall be punishable by a fine, if a misdemeanor, of not more than one thousand dollars or by imprisonment for a term of not more than six months, or by a fine of not more than one hundred dollars, if an infraction. Such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which.any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punished as provided in this section. The remedies provided under this section shall be cumulative and not exclusive. For purposes of this section, a bail Page 4 San Luis Obispo County Code:Title 5: Agriculture,Chapter 5.04 Bees forfeiture shall be deemed to be a conviction of the offense charged. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986) i 5.04.090 Severability. If any section; subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding and decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase hereof irrespective of and independent of any section, subsection, sentence, clause or phrase determined to have been unconstitutional or invalid. (Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986)