Ord 566 Amend Code Allow Goats for GrazingCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 566
AN ORDINANCE AMENDING PART OF MENDOTA HEIGHTS CITY CODE
TITLE 5 - POLICE REGULATIONS AND TITLE 12 — ZONING
REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING PURPOSES
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
City Code Title 5 —POLICE REGULATIONS is hereby amended as follows:
5-3-1: Definitions is hereby amended by adding (underlined text) the following definitions:
GOAT: An animal in the subspecies of Capra aegagrus hircus.
GRAZING: For the purpose of this section it shall mean goats eating vegetation.
INVASIVE SPECIES: A nonnative species whose introduction and establishment causes, or
may cause economic or environmental harm or harm to human health threatens or may threaten
natural resources or the use of natural resources in the city.
NOXIOUS WEED or VEGETATION • An annual biennial or perennial plant that the State of
Minnesota designates to be injurious to public health the environment public roads, crops,
livestock, or other property.
PRESCRIBED GRAZING: The temporary use of goats as a landscape management technique
to control the growth of invasive plant and/or noxious weeds or vegetation at a specific location
and for a defined length of time For the purpose of this definition goats used for prescribed
grazing are not considered pets or farm animals.
PRESCRIBED GRAZING PERMIT: A permit issued for a limited duration that allows
prescribed grazing within City limits.
Section 2.
City Code Title 5 —POLICE REGULATIONS is hereby amended by adding the underlined
language and renumbering subsequent sections as follows:
5-3-11: TEMPORARY KEEPING OF GOATS FOR PRESCRIBED GRAZING:
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 maybe 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 roposed grazing area a list of the vegetation
existing on the site and sought to be controlled bye prescribed grazing.
3. The full name and address of the following persons:
a. The applicant; and
b. The owners) of the premises on which prescribed goat rg azing is sought to occur and
for which the permit would apply.
4. The street address of the premises on which prescribed rg azin is sought to occur and for
which the permit would apply.
5. The number of goats
to
be
keRt
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 persons) owning providing
managing and
monitoring the
goats including
their
fu11 name
address and
24-hour contact
information
accompanied
by
evidence
of
habihty
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.
Ord. 566 —Goat Grazing Permit Page 2 of 7
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:
L 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 includinu
but not limited
to, the
proposed
grazing area is not in compliance with ar
yprovisions of this
subdivision
other City
Code
provisions or state laws relating to zoning
health
fire
building
or safety.
4. The applicant
or owner ofthe 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 ofPermit 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 maybe 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 ofPermit- The kee-ping 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 $1 000 000 per occurrence and $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.
Ord. 566 —Goat Grazing Permit Page 3 of 7
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 permitas
required andprovided
herein
Fencing must
be designedto
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 grazin
activity shall be fully and properly enclosed at all times It is unlawful
and
a violation
of
the
pennit 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 ofthe 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:
i. temporary fencing and structures forthe sole pumose ofenclosingprescribed 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
ii. temporary fences must not exceed six -feet (6') in height;
I 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
iv. 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;
Ord. 566 — Goat Grazing Permit Page 4 of 7
b.
the signs
must state the
pumose
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
ontact information of the
owner of the goat(s):
d.
the signs
shall be setback aminimum often (10) feet from property
line if freestanding
o 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• TemRorary shelters for the goats may be allowed as per the discretion of the
provider.
L 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 roperty 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 adverselyaffect significant
natural resources Prescribed grazing activities shall comply with the following:
a. prescribed ¢razing 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 WaterAct;
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
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.
Ord. 566 —Goat Grazing Permit Page 5 of 7
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 hurtor 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 withinten (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(W or if a permit holder's goat(s) have been
found runningat t 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.
5-3-�12: EXEMPTIONS FROM PROVISIONS:
�l
5-3-�13: PENALTY:
Section 3.
City Code Title 12 —ZONING is hereby amended as follows:
Title 12-5-1: RESIDENTIAL PROPERTY MAINTENANCE is hereby amended by adding
the underlined language and deleting the dWRWO jipW sttqWela tjlyough language, and renumbering
subsequent sections as follows:
12-540: TEMPORARY GOAT GRAZING
A. The temporary and periodic use of a limited number of goats for invasive and noxious
vegetation control on residential properties is permitted subiect to the review and approval of
a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11.
Ord. 566 —Goat Grazing Permit Page 6 of 7
12-5-4=011: ABATEMENT AND ENFORCEMENT PROCEDURES
and
Title 12-8-1: COMMERCIALANDUSTRIAL PROPERTY MAINTENANCE is hereby
amended by adding the underlined language and deleting the a ._t, . "ap Rtmok 'Lv" '' language,
and renumbering subsequent sections as follows:
12-8-8: TEMPORARY GOAT GRAZING
A. The temporary and periodic use of a limited number of goats for invasive and noxious
vegetation control on commercial or industrial properties is permitted subject to the review and
approval of a Prescribed Goat Grazing Permit as per City Code Title 5-3-11.
12-8�9: ABATEMENT AND ENFORCEMENT PROCEDURES
Section 4.
This Ordinance shall be in full force and effect from and after its passage and publication according
to law.
Adopted and ordained into an Ordinance this 6th day of July, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
'4� 2 rml�j V);'�
Stephanie4,evine, Mayor
ATTEST
Lorri Smith, City Clerk
Ord. 566 -Goat Grazing Permit Page 7 of 7