A. Purpose: The purpose of this section is to establish conditions under which the temporary and periodic use of a limited number of goats for invasive and noxious vegetation control is permitted and to establish the requirements for doing so in order to protect the environment and the health, safety, and welfare of the general population.
B. Prescribed Goat Grazing Permit Required: Except in the E-1 and A Zoning Districts, no goat may be kept, maintained or harbored on property except pursuant to an approved goat grazing permit. A permit may be granted solely for:
1. A parcel or lot of record that is 0.5 acres or more in size; or
2. A prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel or lot are contiguous and an aggregate of 0.5 acres or more in size.
C. Application For Permit: Applications shall include the following information:
1. A completed application form and payment of the application fee.
2. A detailed site plan for the premises on which prescribed grazing will occur, including the street address of the property, the location and the dimensions of the proposed grazing area, and a list of the vegetation existing on the site that will be controlled by the prescribed grazing.
3. The full name and address of the following persons:
a. The owner(s) of the premises on which prescribed goat grazing will occur; and
b. The owner of the goat(s).
4. The number of goats to be kept on the premises under the permit.
5. A list of person(s) responsible for managing and monitoring the goats, including their full name, address, and twenty four (24) hour contact information.
6. A detailed fence plan including the type of fencing for the required enclosure, and, if a temporary fence will be used, the date the temporary fence will be installed.
7. Dates the goats will be located on the premises.
8. Proof of required insurance.
9. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of goats on the property.
10. The signatures of the owner(s) of the premises where the prescribed grazing will occur and the owners of the goats to be used for prescriptive grazing.
11. Any other required information.
D. Granting Or Denying Issuance Of Permit: The City Clerk may grant a permit under this section provided the application demonstrates compliance with the requirements of this section. The City Clerk may deny a permit hereunder for any of the following reasons:
1. The application is incomplete or contains false, fraudulent or deceptive statements.
2. The applicant does not or has not complied with one or more of the provisions of this section.
3. The premises for which the permit is sought, including, but not limited to, the proposed grazing area, is not in compliance with any provisions of this subdivision, other City code provisions or state laws relating to zoning, health, fire, building or safety.
4. The owner of the goats has violated any provision hereunder, or on more than two (2) prior occasions, the owner's goats have been found running at large within the City.
5. Denial of a permit may be appealed to the City Council.
E. Notification Process: Upon receipt of a completed application, the City shall send a notice to adjacent property owners.
F. Duration Of Permit: Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No more than two (2) prescribed grazing permits may be issued within one (1) calendar year for the same property. There shall be a minimum of thirty (30) days between the expiration of the first permit issued and the second permit issued in a twelve (12) month period.
G. Conditions Of Permit: The keeping of goats is permitted pursuant to a permit granted under this section, subject to the following conditions:
1. Transferability Of Permit: A permit issued hereunder shall be nontransferable and shall be solely for the property and provider of goats listed on the permit.
2. Liability Insurance: The owner of the goat(s) shall have and maintain insurance coverage for claims arising from prescribed grazing in the amount of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate and shall provide to the City proof of the required insurance coverage prior to issuance of the permit. The owner of the goat(s) shall be responsible for any damage caused by goats used for prescribed grazing purposes.
3. Monitoring: The goat owner must have staff available to respond to any emergency complaints or concerns at all times of day or night.
4. Right Of Entry For Inspection: The premises for which a permit is issued shall, at all reasonable times, be open to inspection by City staff to ensure compliance with the terms of the prescriptive grazing permit.
5. Number Of Goats Permitted: No more than two (2) goats per every one-tenth (0.10) acre of the prescribed grazing area shall be permitted.
6. Proper Enclosures: The prescribed grazing area shall be fully and securely enclosed with proper enclosures, and fully maintained for the duration of the prescribed grazing permit. Fencing must be designed to prevent escape by goats and to protect the goats from the intrusion of other predatory animals. All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent the goats from escaping over or under the enclosure(s). It is a violation of the permit for any goat to be allowed to run at large during the duration of this permit. An enclosure shall meet the following requirements:
a. Permanent Enclosures: Existing fences and structures or fences and structures constructed to enclose prescribed grazing goats, but intended to remain on the property at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which they are located.
b. Temporary Enclosures:
(1) Temporary fencing and structures for the sole purpose of enclosing goats used for prescribed grazing shall be allowed for the duration of the prescribed grazing permit. All temporary fencing or structures shall be removed within seven (7) days of the removal of the goats from the premises.
(2) Temporary fences must be no more than seven feet (7') tall.
(3) Temporary fences may be electric or electrified. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of four (4) feet from the electric fence, is required to serve as a safety barrier to reduce the possibility of the public coming in contact with the electric fence. If an existing natural barrier or permanent structure exists and prevents contact with or serves as a barrier to the electric fence, then the second outer fence may not be required for the applicable segment of fencing. Generators may not be used as a power source for the electric fencing.
(4) The outer fence may be allowed up to the property line of the premises on which the permit applies, but shall not be located within any public or private right-of-way.
7. Signage: The owner of the goat(s) shall install and maintain signs on the premises for the duration of the permit as follows:
a. A sign shall be located on each side of the enclosed area and visible to the public if possible.
b. The signs must contain emergency contact information for the owner of the goat(s).
c. The signs shall be setback a minimum of ten feet (10') from property line if freestanding, or placed on the enclosure fence.
d. All signs shall be removed when goats are removed from the premises.
e. Any electric or electrified fence in association with prescribed grazing must have a warning sign posted on every boundary of the enclosure at least every fifty feet (50') along each side of the fence. The warning sign shall clearly identify the electric fence. No single sign shall exceed four (4) square feet in area. Each sign shall be clearly visible on the approach to the fence and be posted on or within one foot (1') of the electric or electrified fence.
8. Shelter: Temporary shelters may be allowed during the duration of the permit subject to staff review.
9. Herd Specifics: Only females, neutered male goats or unneutered male goats less than six (6) months old that accompany female goats are allowed.
10. Odor And Cleanliness: The property must be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisance conditions. Goat manure shall be removed and disposed of as frequently as necessary to avoid the creation of nuisance conditions.
11. Noise: Goats that engage in habitual bleating may not be used for prescribed grazing. Habitual bleating is defined as bleating for repeated intervals of at least five (5) minutes with less than one (1) minute of interruption that is audible off of the property owner's premises.
12. Natural Resources Protection: Prescribed grazing shall not adversely affect significant natural resources. Prescribed grazing activities shall comply with the following:
a. Prescribed grazing activities shall comply with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other pertinent agencies.
b. Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act.
c. Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities.
d. Prescribed grazing must comply with shoreland and wetland regulations set forth elsewhere in the City Code.
13. Conservation Easements: If the proposed prescribed grazing area is within a conservation easement, all requirements of the conservation easement must be met. If the terms of the conservation easements do not allow prescribed grazing, then the permit will be denied.
H. Feeding And Care Of Goats: All supplemental feed for the goats shall be securely stored in water-tight and vermin-proof containers. All goats on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.). All goats used under the permit shall receive proper veterinary treatment and regular deworming. In the event that a goat becomes ill, hurt, or perishes, the owner of the goat is responsible for immediate on-site care or removal of the goat from the property.
I. Revocation Of Permit: If a violation of the terms of this section or the prescribed grazing permit is found, the City Clerk shall give written notice thereof to the owner of the goat(s) and property owner. If the violation is not remedied within twenty four (24) hours of the date of the notice, the prescribed goat grazing permit may be administratively revoked. The City Clerk may summarily revoke a permit if goat(s) have been found running at large on two (2) or more occurrences during the term of the permit. (Ord. 1416, 6-28-2021)