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Home My WebLink AboutProposed Ordinance 3985 amending HBMC Section 7.12.010 relat Dept ID AD-13-022 Page 1 of 2 Meeting Date 8/5/2013 4 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/5/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Teri Baker, Assistant to the City Manager SUBJECT: Approve for Introduction Ordinance No 3985 amending Huntington Beach Municipal Code (HBMC) Section 7 12 010 relating to the keeping of bees Statement of Issue The City received a complaint concerning the keeping of bees in the Landmark Community Section 7 12 010 Bees of the Huntington Beach Municipal Code (HBMC) provides that the keeping of bees is allowed within 200 feet of any dwelling except the house of the owner or person in control of the bees Staff is requesting that Council amend the language of the ordinance to restrict the keeping of bees to a minimum of 200 feet of any dwelling Financial Impact No funding is required for this action Recommended Action Approve for introduction Ordinance No 3985, "An Ordinance of the City of Huntington Beach Amending Chapter 7 12 of the Huntington Beach Municipal Code Relating to Miscellaneous Animal Care and Control " Alternative Action(s) Do not approve introduction of ordinance and direct staff accordingly Analysis HBMC Section 7 12 010— Bees was last amended in 1976 when the City of Huntington Beach was a more rural community It is likely that persons who kept bees at that time were not only 200 feet from where their bees were kept, but also 200 feet from any dwelling Using the Landmark Community as an example, the person who keeps bees is at least 200 feet from where the bees are kept, but much less than 200 feet from other dwellings The City of Huntington Beach has become urbanized since the adoption of Section 7 12 010 of the HBMC Therefore, Staff is recommending that the language in the code be amended to restrict the keeping of bees to a minimum of 200 feet from any dwelling for the safety of the residents Environmental Status N/A Strategic Plan Goal Enhance and Maintain Public Safety Item 25. - I xB -654- Dept ID AD-13-022 Page 2 of 2 Meeting Date 8/5/2013 Attachment(s) 1 Ordinance No 3985, "An Ordinance of the City of Huntington Beach Amending Chapter 7 12 of the Huntington Beach Municipal Code Relating to Miscellaneous Animal Care and Control " 2 Legislative Draft xB -655- Item 25. - 2 ATTACHMENT # 1 Item z, 3 Ha -656- ORDINANCE NO 3985 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7 12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MISCELLANEOUS ANIMAL CARE AND CONTROL The City Council of the City of Huntington Beach does hereby ordain as follows i SECTION 1 Section 7 12 010 of the Huntington Beach Municipal Code is hereby amended to read as follows 7.12.010 Bees. No person shall keep or maintain, or suffer or,permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred (200) feet of any dwelling This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purpose, provided they are not permitted to fly at large SECTION 2 This ordinance shall become effective 30 days after its adoption PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2013 i i i Mayor ATTEST i ", P, E)VED AS TO FORM City Clerk Ci Attorney REVIEWED AND APPROVED INITIA A D PROVED City Manager Direc or of Planning and Building `TMN fltn TA Kk'r�1 F H 13-3858/99938 doc ATTACHMENT #2 LEGISLATIVE DRAFT Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09, 66-9/10, 885-2/62, 1279-2/67, 1352-11/67, 1835-5/73,1857-8/73, 1905-4/74, 1910-6/74,2067-5/76, Urg 2084-6/76, 2095-9/76,2547-5/82, 2936-4/88, 3169-9/92, 3508-10/01, 3696-3/05,3737-7/06, 3846-12/09, 3910-4/11, 3941-7/12) Sections: Ac! NON 7 12 010 Bees 7 12 020 Running at large prohibited 7 12 030 Animal premises kept clean TA 7 12 035 Killing or maiming of birds 7 12 040 Keeping animals near inhabited structures 7 12 050 Repealed—(Ordinance No 3846, 12/09) 7 12 060 Dead--Carcass disposal 7 12 070 Noisy animals 7 12 080 Goats 7 12 090 Horses 7 12 100 Cattle and hogs 712 110 Fowl and rabbits--At large 7 12 120 Fowl and rabbits--Keeping restrictions 7 12 130 Fowl--Number permitted 712 140 Monkeys and chimpanzees to be secured 7 12 150 Kennels 712 160 Residential Animal Permit 7 12 170 Dogs--Number Permitted -- Dog Park , 7 12 180 Prohibition on Retail Sale of Dogs and Cats 7 12 290 Enforcement > 7 12 300 Penalty 7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred (200) feet of any dwelling house of the o r*r^' ef stleh b This section shall not apply to the keeping of bees 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 (885-2/62, 1279-2/67, 1905-4/74, Urg 2067-5/76,2095-9/76) 7.12.020 Running at lame prohibited. (a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal of a species commonly referred to as wild shall (1) Permit such animal to run at large in the City, (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place, (3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City, without the consent of the owner or occupant of such property, or in such a way as to permit any animal to trespass upon any street or public place or upon any such private property, Huntington Beach Municipal Code Chapter 7 12 Page 1 of 6 7/18/12 (4) Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength, and weight to effectively restrain such animal, or (5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise (b) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal of a species commonly referred to as wild or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such person (1279-2/67, 1352-11/67, 1835-5/73, 1905-4/74, 1910-6/74, Urg 2084-6/76) 7.12.030 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition (885-2/62, 1279-2/67, Urg 2084-6/76) 7.12.035 Killing or maiming of birds. No person shall intentionally kill or maim a bird within the City of Huntington Beach This ordinance shall not apply to the following (3696-3/05) (a) A veterinarian while engaged in practicing veterinary medicine (3696-3/05) (b) Any person acting to prevent immediate death or injury to a person or domestic animal (3696-3/05) (c) An official of a state, federal or local agency who, by virtue of this office, has authority to destroy birds (3696-3/05) (d) Any person acting pursuant to the California Fish and Game Code or regulations adopted by the Fish and Game Commission, and persons issued licenses or permits authorizing the take of birds by the State or Federal Government This section shall not be construed to allow the discharge of weapons in areas where their use is prohibited (3696-3/05) 7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within twenty-five (25) feet of any dwelling house or structure used as a dwelling, church, school, or hospital, unless such house or structure be occupied by him or it (885-2/62, 1279-2/67, 1905-4/74, Urg 2084-6/76, 3737-7/06) 7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four (24) hours, or to bury the carcass of any animal upon the premises owned, controlled or occupied by him or it in the City (885-2/62, 1279-2/67, Urg 2084-6/76) 7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the City under his control, any animal or animals, including any fowl, which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by Huntington Beach Municipal Code Chapter 7 12 Page 2 of 6 7/18/12 an entire community or neighborhood, or by any considerable number of persons (1279-2/67, 1905-4/74, Urg 2084-6/76) 7.12.080 Goats. (a) It is a nuisance and no person shall keep or maintain any goat within fifty(50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four(4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1000) feet of any dwelling house other than that occupied by him or it (b) No person shall keep or maintain any male goat exceeding the age of six (6)months within the limits of the City (885-2/62, 1279-2/67, 1905-4/74, Urg 2084-6/76) 7.12.090 Horses. (a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty (50) feet of any street line (b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty(50) feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him or them (c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him or it (d) Street line For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way (885-2162, 1279-2/67, 1352-11/67, 1905-4/74, Urg 2084-6/76) 7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him, or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line, except as otherwise provided in this Chapter (66-9/10, 885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg 2084-6/76, 3169-9/92) 7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the City (27-11/09, 885-2/62, 1279-2/67, 1905-4/74, 1835-5/73, Urg 2084-6/76) 7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar domestic fowl or rabbits, owned or controlled by him or it, within twenty-five (25) feet from any dwelling house or structure used as a dwelling, church, school, hospital, or place where food products are kept, stored, manufactured, or served to the public, unless such house or structure be occupied by him or it, or keep any rooster over four (4) months old in the City limits (27-11/09, 66-9/10,885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg 2084-6/76, 3737-7/06) Huntington Beach Municipal Code Chapter 7 12 Page 3 of 6 7/18/12 7.12.130 Fowl--Number permitted. No person or household shall maintain in or upon any public or private property in the City more than one (1) goose, duck, or turkey, and no more than six (6) in all of chickens, geese, ducks, turkeys,pheasants, doves, pigeons, squabs or similar domestic fowl, except newborn chicks under eight weeks of age However, not more than twenty-four (24) newborn chicks maybe maintained (66-9/10, 885-2/62, 1279-2/67, 1905-4/74, Urg 2084-6/76, 3737-7/06) 7.12.140 Monkeys and chimpanzees to be secured. (a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined in an enclosure or when not securely tied or chained (885-2/62, 1279-2/67, 1352-11/67, 1835-5/73, 1857-8/73, 1905-4/74, Urg 2084-6/76) 7.12.150 Kennels. (a) "Kennel" means any property where four (4) or more dogs, or four (4) or more cats, over the age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals For purposes of this section, a detached single family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially- trained guide dog, signal dog or service dog, as defined in Penal Code Section 365 5, and complies with Section 7 12 160 of this Chapter (3910-4/11) (b)No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel (c)Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code (1279-2/67, 1905-4/74,2095-9/76) 7.12.160 Residential Animal Permit. A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot- bellied pig, turkey, or duck, a fourth dog, and all chickens, subject to the review and approval of the Director of Planning and Building The number and type of animals kelp pursuant to a residential animal permit shall be permitted in accordance with the applicable Sections of this Chapter In addition (2936-4/88, 3169-9/92, 3737-7/06, 3910-4/11) (a) A miniature pot-bellied pig kept pursuant to a residential animal permit shall comply with the following provisions (3910-4/11) 1 A "Miniature pot-bellied pig" shall mean any pig weighing not more than 125 pounds that is continuously registered with a nationally-recognized miniature pig association (3910-4/11) 2 All miniature pot-bellied pigs shall be spayed or neutered (3910-4/11) 3 Proof of sterilization shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit (3910-4/11) Huntington Beach Municipal Code Chapter 7 12 Page 4 of 6 7/18/12 (b) A fourth dog kept pursuant to a residential animal permit shall comply with the following provisions (3910-4/11) 1 The residence for which the permit is granted shall be a detached single-family residence (3910-4/11) 2 At least one of the four (4) dogs shall be a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365 5 (3910-4/11) 3 Proof that one of the four (4) dogs is a specially-trained guide dog, signal dog or service dog shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit (3910-4/11) (c) All residential amimal permits shall comply with the following conditions (3910-4/11) 1 At the time the application is made for a residential animal permit, the applicant shall pay a fee established by resolution of the City Council (2936-4/88, 3910-4/11) 2 Premises shall be kept clean and free of all matter that may create odors or attract rodents (2936-4/88, 3910-4/11) 3 The animal shall comply with all applicable sections of Chapter 8 40,Noise Control of the Municipal Code (2936-4/88, 3910-4/11) 4 Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit (2936-4/88, 3910-4/11) 5 Prior to issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit (2936-4/88, 3910-4/11) 6 The Director of Planning and Building may impose conditions of approval in addition to the above (2936-4/88, 3737-7/06, 3910-4/11) 7 The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued (2936-4/88, 3910-4/11) 8 A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit (2936-4/88, 3910-4/11) 7.12.170 Dol4s—Number Permitted—Dolz Park. No person having control of more than three dogs simultaneously shall permit or allow such to be or go upon the area dedicated exclusively by the Huntington Beach Central Park Master Plan for use by dog owners with pets, commonly known as Dog Park (3508-10/01) 7.12.180 Prohibition on retail sale of dogs and cats. A No commercial establishment shall display, sell, deliver, offer for sale, barter, or auction dogs or cats, except dogs and/or cats obtained from a shelter, or humane society or rescue organization Cats obtained by donation from a local resident for no charge may also be displayed, sold, and offered for sale or adoption The pet shop owner shall notify in writing the Orange County Animal Services Office of any sale of a local donated cat (3941-7/12) Huntington Beach Municipal Code Chapter 7 12 Page 5 of 6 7/18/12 B A pet shop that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred or disposed of dogs or cats in the City of Huntington Beach as of the effective date of this section, and whose operations complied with all applicable provisions of the Huntington Beach Municipal Code, may continue to display, offer for sale, offer for adoption, barter, or auction of dogs and cats until the two year anniversary of the effective date of the ordinance codified in this section (Effective July 18,2012—July 18,2014) (3941-7/12) 7.12.290 Enforcement. The Director of Planning and his designees are hereby authorized and directed to enforce the provisions of this chapter (2547-5/82, 3737-7/06) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100) (2095-9/76) Huntington Beach Municipal Code Chapter 7 12 Page 6 of 6 7/18/12 Esparza, Patty From: Surf City Pipeline [noreply@user govoutreach com] Sent. Monday, August 05, 2013 12 01 PM To: CITY COUNCIL, Agenda Alerts Subject: Surf City Pipeline Comment on an Agenda Item (notification) Request# 15398 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Peggy Dern Description: Dear Joe Shaw, I hope you will support to change the Ordinance #3985 (section 7 12 010) at the city council meeting tonight We would like your vote for the new ordinance#3985 7 12 010 Bees No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred (200) feet of any dwelling Thanks Peggy Dern 8888 Lauderdale Ct 217-G HB 92646 714-310-4320 Expected Close Date: 08/06/2013 Click here to access the request Note This message is for notification purposes only Please do not reply to this email Email replies are not monitored and will be ignored SUPPLEMENTAL COMMUNICATION Meeft Date: 7 Ls-- oZ0 3 Agendt Item No. AU0" 08 . MICHAEL F. BOY Presidentlandn s iluto[tnatcatl C.antfrnark tin=ur.Aciciit t:o"r,raullity`Associarjon 20880 Oakridge Late _ ttuatrirlgton Berth,C'+1>2646 August 8,2013 Mayor Connie Boardman, Mayor Pro Tern Mattheev Har-per,Council Member Joe Carchro, Council Member Jill Hardy,Council Mernber.Iim Katapodis,Council Member Joe Shaw, Council ".er:ai:r Dave Sullivan, City Man tier Fred Wilsom CITY OF HUNTINGTON BEACH 2000 %,lain Street }I1-tntinl0on Beach, CA 92648 RE: City Council Meeting,August 5,2013-The Bee Issue at Huntington Lanclnaaark Dear Huntington Bcach City°Council and City Manager, I utn Mike Boyd, President of the Huntington Landmark Hoard of Directors_ The purpose of writing to you is to provide a perspective on the"Bee Situation"at Huntington Landmark(HL). My personal opinion regarding the maintaining of bees in HL is not why I am N,.riting this letter. After vietiving the August 5, 201 i thz City Council Meeting,on television, I believe it is necessary to share:some facts. What you heard at the meeting did not represent a majority of the residents. At tine same time, same of the statements seemed to be a fabrication taking place in the presenters' mind. In the August issue of the Landmark Living monthly ne,"sletter, l wrote: The Bee Issue-Facts 1. The Beard approved housing_a minirlaEal number of hives with a rnaxitnum Of hives. The hives will be located in one location, oil the: root of the Maintenance Shop in the RV Lot. ? Our lawyer says it is OK to house the bees in this manner. 3. Our insurance carrier-affirms that we have adequate insurance,S 1 bM -bees are not excluded frorll this policy. T, 'Tile,City Attorney"s Office has ruled that we are, not in violation with the City of Huntin_ton Beach re,,ardin- code enforcement. I mentioned that the Board is taking a"-wait and see"approach and kvill bring the; issue-for reevaluation to the Board in tale near future, In the meantime we have created a Conuriunit%Advisory 5ur'vey to;gather data to enable the Board to snake an informed decision when we reevaluate the Bee Issue. Our-pro" bee folks are jumping through hoops to ensure compliance. We have been told we do not fit into tlae Cottage Industry arena. We comply with labeling laws. The club maintaining tlae I.= TING t ON LANDMARK SENIOR ADULT � I_�� tI�_= a t ` ASSOt.. i. XM HB City Council and City Manager The Bee Issue at Huntington Landmark August 8, 2013 Rage. 2 of' Our"pro" bee folks are jumping through hoops to ensure compliance. lie have been told we do Z:� not fit Into the Cottage industry arena. We comply with labeling laws.The club maintaining the bees Is simply a club, not a business,and any funds collected are donations. No profit has been made. A meeting with the OC Health Department is scheduled within tile next two weeks. Thoughts for Council Consideration 1. I appreciate the work of tile Couri'd. You hav;�,—o by very -0od listeners and havL a great, responsibility keeping Surf-City USA the quality city it is. When folks like the two &)ul FfL approach the Council,consideration might be given toask-ing the question: "Whom do yop represent? In HL the two that spoke represent a small number of residents. They typically use inflammatory language to engage people and have presented a variety of complaints to the Council in the past. 2, Consideration might be given to the statement: "We need to hear from the Board on this matter before making a decision,"(two sides to every story!) In spite of the statement of L one of the residents speaking last night, we have very strong board,and the gentleman 17 who spoke seems to have a specific problem with the General Manager, the nianagernent company, and authority in general. We hear his Land other similar rhetoric every Board I know that the FIB City,Council has to deal with these types of residents at many of its meetings. I applaud your patience and ask for you to have confidence that out-Board is dealing with the problems at hand. dealing of the Ordinance regarding Bees As I mentioned, illy intent is only to provide perspective fi-oili the 1-IL Community. Regarding bees and ni�airitaininc, hives, 1-11 i- is just a tiny e -- j tiny portion of tile City. Knw.\ that tile flL Board of Directors is working,through this iSAic and kvill take responsibility for any and all decisions made by the Board on behalf*of our owners and residents. If the City Council decides to modify the Ordirl--nceXeggardin- Bees,please note that Huntington: Landmark will comply with the modified regulations. A Final Comment I would like to reftesh your knowledge about 1-41.111tirl"ton Landmark. We are a forty-year old Communit Ny H 238 condos)of",5+ residents %vilo enjoy living, in HL near the beach (oil Atlanta between Newland and Pvlagnolia). We would love to have you stop by and learn more about our C0111111LIllity. Our General Manager is Tim Peckham t eckhanil(T)Pcillinternet.com and my email address is mfbovd 1940j'LVgniail.com. I hope this letter has provided perspective as was my intention. Thanks for all you do. Respectfully submitted, Michael E Boyd