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: No goat may be kept, maintained, or harbored on any property in the city unless a goat grazing permit has been approved and issued. A permit may be granted only 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/lot are contiguous and an aggregate of 0.5 acres or more in size.
C. Application for Permit: The applicant must submit the following information for the request to be considered.
1. The applicant shall complete an application form provided by the City and filed with the City Clerk. The applicant shall also pay the application fee for the permit which shall be established by the City fee schedule. Permit fees shall not be prorated or refundable.
2. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to be controlled by the prescribed grazing.
3. The full name and address of the following persons:
a. The applicant; and
b. The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the permit would apply.
4. The street address of the premises on which prescribed grazing is sought to occur and for which the permit would apply.
5. The number of goats to be kept on the premises under the permit, not to exceed two (2) goats per every one-tenth (0.10) acre of the prescribed grazing area.
6. A list of person(s) owning, providing, managing and monitoring the goats, including their full name, address, and twenty-four (24)-hour contact information accompanied by evidence of liability insurance as required by this Section.
7. The type of fencing to be used for the required enclosure, and date the temporary fence will be installed.
8. Date the goats will arrive on the premises for which the permit would apply, and the latest date the goats will be removed from the premises for which the permit would apply.
9. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of goats on the property for which the permit is sought.
10. The signature of the owner(s) of the premises or a homeowners' association board officers where the prescribed grazing will occur.
11. Any other and further information as the City deems necessary.
D. Granting or Denying Issuance of Permit: The City may grant a permit under this Section provided the application filed demonstrates compliance with the requirements of this section. The City shall 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 applicant or owner of the premises where the prescribed grazing is to occur has been previously convicted of a violation under this Section within the past two (2) years.
5. The owner of the goats has violated any provision hereunder, or on more than two prior occasions, the owner's goats have been found running at large.
E. Duration of Permit: The duration of a permit under this section shall be as follows:
1. Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No more than three (3) 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.
F. 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 listed on the permit.
2. Liability Insurance: The provider or owner of the goat(s) to be utilized under the permit shall have and maintain insurance coverage for claims arising from prescribed grazing in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate and shall provide to the City proof of the required insurance coverage prior to issuance of the permit. The City shall have no liability for any damages that may be caused by goats kept on a property pursuant to a prescribed grazing permit. The permit holder shall be responsible for any damage caused by goats used for prescribed grazing purposes.
3. Monitoring: Goat provider or owner must have staff available to respond to any emergency complaints or concerns at all time of the day or night. Applicant will furnish an emergency contact number when applying for any permit.
4. Right-of-Entry for Inspection: The premises for which a permit is issued shall, at all reasonable times, be open to inspection by the city staff to determine compliance with the permit, other City Code provisions and state laws relating to zoning, health, fire, building, or safety.
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 on the premises at one time under the permit.
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, as required and provided herein. 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). The prescribed grazing activity shall be fully and properly enclosed at all times. It is unlawful and 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: Fences and structures constructed to enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the prescribed grazing is located and shall be permitted separately from the prescribed grazing activity.
b. Temporary enclosures:
(1) Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing. All temporary fencing or structures shall be removed within seven (7) days of the removal of the goats from the premises as required under the permit;
(2) Temporary fences must not exceed six-feet (6') in height;
(3) Temporary fences may be electric or electrified as specified in the approved prescribed grazing permit. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of three (3) 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 exist as to prevent contact with or serve as a barrier to the electric fence, then the second outer fence may not be required for the applicable segment of fencing; and
(4) The outer fence may be allowed up to the property line of the premises on which the permit applies, and shall not be located within any public or private right-of-way.
7. Signage, Temporary: The permit holder shall install and maintain temporary signs on the premises for the duration of the permit as follows:
a. All signs must be located on each side of the enclosed area and visible to the public;
b. The signs must state the purpose of the goats and enclosure, and provide any caution or warning message in a manner that is visible to the public;
c. The signs must contain emergency contact information of the owner of the goat(s);
d. The signs shall be setback a minimum of ten (10) feet from property line if freestanding, or placed on the enclosure fence;
e. All signs shall be removed when goats are removed from the premises; and
f. 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 (50) feet 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 (1) foot of the electric or electrified fence.
8. Shelter: Temporary shelters for the goats may be allowed as per the discretion of the provider.
9. Herd Specifics: Only females, neutered male goats, or unneutered male goats less than six 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.
11. 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 be protected from grazing activities; and
d. No goats may be brought onto a property that is known to have the Invasive Jumping Worm (Amynthas Z species).
12. 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.
G. Feeding of Goats: No supplemental feeding of grain based feed or foods will be allowed, except for vitamin or mineral supplements. All goats on the premises shall be provided with and have daily access to fresh drinking water.
H. Care of Goats: All goats used under the permit shall receive proper veterinary treatment and regular deworming. In the event that a prescribed grazing goat becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on-site care or removal of the goat from the property. Overall care of the goats shall include the following:
1. Goats that become parasitized or otherwise unhealthy shall be removed off-site by the contractor or provider.
2. To ensure the biosecurity of the grazing site, all goats introduced to the permitted grazing site must come clean and leave clean.
I. Violation and Penalties: If a violation of the terms of this Section or the prescribed goat grazing permit is found, the City shall give written notice thereof to the permit holder. If the violation is not remedied within ten (10) days of the date of the notice, a misdemeanor citation may be issued and/or the prescribed goat grazing permit may be revoked. Notwithstanding the foregoing, the City may immediately revoke the permit and/or a misdemeanor citation may be immediately issued if there is a violation of 5-3-11(G) or 5-3-11(H) or if a permit holder's goat(s) have been found running at large on two (2) or more occurrences within the term of the permit. The City shall notify the permit holder of the opportunity to appeal the revocation to the City Council in writing, and the City shall specify the length of time the permit holder has to file an appeal. The permit holder shall file the request for the hearing in front of City Council within ten (10) days of the date of the revocation or shall be deemed to have waived the right to appeal. (Ord. 566, 7-6-2021)