Section 29046 Of Article 4. Registration And Identification Of Apiaries From California Food And Agricultural Code >> Division 13. >> Chapter 1. >> Article 4.
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 48 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 by the director or the commissioner.
(2) The director or commissioner may commence proceedings in the
superior court of the county or city and county in which the seizure
is made petitioning the court for judgment forfeiting the apiary.
Upon the filing of the petition, the clerk of the court shall fix a
time for a hearing and cause notices to be posted for 14 days in at
least 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 upon
proof that the apiary was located or maintained on public lands
without approval of the entity, 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.