Controlled Livestock Grazing Ordinance AmendmentCity of Dubuque
City Council
ACTION ITEMS # 7.
Copyrighted
December 16, 2024
ITEM TITLE: Controlled Livestock Grazing Ordinance Amendment
SUMMARY: City Clerk recommending that the City Council adopt the
ordinance amendment on Controlled Livestock Grazing to
provide greater flexibility in grazing timeframes and ensure
consistent terminology.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 7 Police, Fire And Public Safety, Chapter 6
Animal Control, Article A Miscellaneous Provisions, Section
7-6A-2 Restrictions On Maintaining Livestock
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. Staff Memo
2. Ordinance
3. Controlled Livestock Grazing Program Rules
Page 933 of 1050
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
City Clerk's Office
City Hall
1111�erieaCiry
50 W. 13'h Street
Dubuque, IA 52001-4864
1 I
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
2007-2012.2013
www.cityofdubuque.org
2017*2019
TO: Mayor Brad M. Cavanagh and Members of the City Council
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Controlled Livestock Grazing Ordinance Amendment
DATE: December 12, 2024
The city has managed a controlled livestock grazing program since 2018. This program
allows a livestock grazing business to obtain an annual permit, which authorizes livestock
to temporarily graze on a designated property within city limits for a specific period. The
permit is issued by the City Clerk's Office with collaboration from the Health Services
Department, Planning Services Department, and City Manager's Office.
City Code Section 7-6A-2 governs controlled livestock grazing and currently states that
grazing and associated enclosures are not allowed in a location for more than thirty days.
City staff have determined that the time restrictions on grazing and the use of associated
pens, yards, sheds, or enclosures should be removed. Recognizing that the appropriate
length of grazing depends on the size of the property, the proposed amendment aims to
introduce more flexibility into the program. Per the Controlled Livestock Grazing Program
rules, grazing businesses must notify the City Clerk's Office at least 48 hours in advance
of servicing a property, including the specific timeframe they plan to be at the location. If
a business needs to extend this timeframe, they must notify city staff and obtain approval
for the extension. Additionally, the ordinance replaces the term "policy" with "program" to
ensure consistency in terminology throughout the code.
City staff also revised the Controlled Livestock Grazing Program rules, including
notification requirements for servicing a property, livestock frequency at a property,
animal care standards, and fencing requirements. A copy of the current program rules is
enclosed. The city currently has one licensed controlled livestock grazing business, Goats
on the Go Dubuque, which was consulted during the program revision process. Much of
their input has been incorporated into the updated program, and they have been notified
of the proposed ordinance.
I respectfully recommend that the City Council adopt the ordinance amendment on
Controlled Livestock Grazing.
Cc: Mike Van Milligen, City Manager
Cori Burbach, Assistant City Manager
Page 934 of 1050
Crenna Brumwell, City Attorney
Mary Rose Corrigan, Public Health Director
McKinzie Flanagan, Animal Control Officer
Madison Hoppman, Animal Control Officer
Wally Wernimont, Planning Services Director
Travis Schrobilgen, Assistant Planner
Pam McCarron, Permit Clerk
Page 935 of 1050
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 62 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE A
MISCELLANEOUS PROVISIONS, SECTION 7-6A-2 RESTRICTIONS ON
MAINTAINING LIVESTOCK
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-6A-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK:
D. Controlled Livestock Grazing:
1. A controlled livestock grazing contractor may temporarily keep or maintain
within the corporate limits of the City any pens, yards, sheds or enclosures wherein
any grazing livestock approved by the City are temporarily kept for the limited and
express purposes of controlled livestock grazing in accordance with the City's
controlled livestock grazing program.
2. All such pens, yards, sheds or enclosures used for the limited and express
purpose of controlled livestock grazing will be temporary and may not remain in
place beyond the term of grazing approved at a particular location. Due to the
temporary nature of such pens, yards, sheds, or enclosures used for the limited
and express purpose of controlled livestock grazing, concrete floors will not be
required for pens, yards, sheds or enclosures used to shelter and keep animals
participating in controlled livestock grazing.
3. All fences used to keep or maintain livestock used for controlled livestock
grazing within corporate limits must comply with the fencing regulations set forth
in the City's Controlled Livestock Grazing Program.
4. Any controlled livestock grazing contractor who wishes to keep or maintain
livestock within the corporate limits for controlled livestock grazing must obtain a
permit from the City and comply with all terms and conditions of the City's
controlled livestock grazing program.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16th day of December, 2024.
RMN
Attest:
lam' 40�b�P(f
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK:
D. Controlled Livestock Grazing:
1. A controlled livestock grazing contractor may temporarily keep or maintain
within the corporate limits of the City any pens, yards, sheds or enclosures wherein
any grazing livestock approved by the City are temporarily kept for the limited and
express purposes of controlled livestock grazing in accordance with the City's
controlled livestock grazing program. Gilled leStGGk grazing within —tht-Q-
GOrrper�rmitj will not be allowed in any, one IGGatien for mere than thirty, (3(1)
nenseni hive days
2. All such pens, yards, sheds or enclosures used for the limited and express
purpose of controlled livestock grazing will be temporary and may not remain in
place beyond the term of grazing approved at a particular locationmere than thir+.,
(30) GencenUti„e days. Due to the temporary nature of such pens, yards, sheds, or
enclosures used for the limited and express purpose of controlled livestock
grazing, concrete floors will not be required for pens, yards, sheds or enclosures
used to shelter and keep animals participating in controlled livestock grazing.
3. All fences used to keep or maintain livestock used for controlled livestock
grazing within corporate limits must comply with the fencing regulations set forth
in the City's Controlled Livestock Grazing Programe4Gy.
4. Any controlled livestock grazing contractor who wishes to keep or maintain
livestock within the corporate limits for controlled livestock grazing must obtain a
permit from the City and comply with all terms and conditions of the City's
controlled livestock grazing program.
Page 938 of 1050
THE CITY OF
Dubuque
DUB E1111-1
AII-Anerica City
Masterpiece on the Mississippi
2007-2012
2013.2017
City of Dubuque
Controlled Livestock Grazing Program
The City of Dubuque's Controlled Livestock Grazing Program governs the use of goats
and sheep for a limited duration to clear vegetation from land. This targeted grazing is
becoming increasingly useful as an environmentally -sensitive alternative to chemical
herbicides and mechanical methods of clearing land, especially in areas with difficult
geography, or where invasive species have become an issue.
The City of Dubuque Code of Ordinances prohibits owning or keeping livestock within the
City of Dubuque. The Controlled Livestock Grazing Program is a limited exception that
allows sheep and goats to remain in the City on a temporary basis on designated
properties for the sole purpose of clearing vegetation on land, provided that the contractor
obtains the proper permitting and other requirements of the Controlled Livestock Grazing
Program.
How does controlled livestock grazing work?
Controlled livestock grazing is allowed within the City of Dubuque on designated areas of
a property to manage appropriate areas of natural vegetation. Controlled livestock
grazing must comply with City of Dubuque Code of Ordinances section 7-6A-2 and any
other applicable local, state or federal laws and the rules of the program as stated in this
document.
Goats and sheep eat undesirable and desirable vegetation. Generally, goat or sheep
grazing is recommended on sites where the entire area being served is dominated by
invasive species, or where the geography of the property makes other means of
vegetative management prohibitive. However, grazing is permitted on sites where the
entire area being served is dominated by native species or grass. The property owner
and Contractor (owner of the animals) must ensure that the animals do not eat protected
vegetation and are properly confined and cared for at all times.
Is a permit required?
Yes. A Controlled Livestock Grazing permit must be obtained from the City Clerk's Office
prior to introducing livestock to a property to complete a controlled grazing program. The
permit application must be submitted by the Contractor. The cost of the permit, which is
valid for one calendar year, is $300. The permit authorizes the Contractor to conduct a
controlled grazing program within city limits for the duration of the permit timeframe.
Page 939 of 1050
After the permit is granted, the Contractor must notify the City Clerk's Office each time
they intend to service a property within city limits. The notice must be submitted at least
48 hours prior to beginning work at that property and include the following:
1. Property address.
2. Property owner name and contact information.
3. Estimated timeframe that the livestock will be servicing the property and the
temporary structures will be present on the property.
4. A map which notes where the livestock will be working.
5. The type of temporary fence that will be used at the site (non -electric, electric, or
virtual).
The City Clerk's Office will inform the Contractor if the proposed site location is
approved, denied, or requires amendment.
If the contractor needs to extend the timeframe that the livestock and temporary fencing
or other structures will remain at a property, then they must notify the City Clerk's Office
as soon as possible and receive approval to extend the timeframe.
How often can controlled livestock grazing be utilized on a property?
City staff approve specific grazing timeframes at each location. Livestock are not allowed
to remain on any site indefinitely. Livestock may graze in a designated area of a property,
then rotate to another section of the property, as long as the Contractor follows proper
notification procedures. Livestock may return to a site at various times throughout the
year. The city will determine any restrictions on site returns and rotations.
What animals can be used for controlled grazing within the City?
Only goats and sheep may be used for controlled grazing within city limits. Only females
and castrated males may be used. The appropriate number of animals should be
determined by the Contractor based on the area being serviced.
What property may this program be used on?
Controlled livestock grazing may be used to manage vegetation on specific public or
private property in city limits when a permit is obtained by the contractor. All applicable
sections of the City of Dubuque Code of Ordinances and the Controlled Livestock Grazing
Program must be complied with at all times when the animals are located on the property.
What insurance and bond requirements must be met for controlled livestock
grazing?
Insurance requirements for Controlled Livestock Grazing will be negotiated and
determined by the Contractor and the owner of the property on which the livestock will
graze. The City will not obtain, require, or provide insurance on behalf of any Controlled
Livestock Grazing Contractors or owners of property upon which controlled livestock
grazing occurs.
However, if the livestock will graze areas within the public right of way, defined as streets,
sidewalks, alleys, and spaces that host public utilities, the Contractor must obtain from
Page 940 of 1050
the City a Right -of -Way permit to work within the public right of way and comply with all
requirements, including insurance requirements contained in that permit application.
The Contractor must file a Surety Bond in the amount of five thousand dollars ($5,000)
with the City Clerk in order to provide service within city limits.
How do I properly care for the animals while they are grazing?
All controlled grazing must be carried out in accordance with best animal husbandry
practices and all state and local laws related to animal care. All animals must be healthy,
well -nourished, properly hydrated, and managed to minimize internal and external
parasites.
The Contractor or other qualified individual must visit the animals at least once every 24
hours to ensure the animals are appropriately confined, hydrated, fed, sheltered, and
completing the desired task.
How should the animals be contained while on my property?
City of Dubuque Code of Ordinances sets forth fencing regulations within City limits.
Temporary exemptions exist for permit holders of the Controlled Livestock Grazing
Program. Contractors have three options for fences:
1. Temporary Non -Electric Fence
These fences must be at least 3 feet in height and should be checked regularly. Gaps in
fences must be small enough so that animals may not escape the property or become
stuck.
2. Temporary Electric Fence
These fences must be at least 3 feet in height and should be checked regularly. Gaps in
fences must be small enough so that animals may not escape the property or become
stuck.
3. Virtual Fence
The contractor must have access to either a non -electric or electric fence as a backup
and is required to install it promptly in the event of an outage.
Barbed wire fencing is allowed; however, the contractor must specify if this type of
fencing will be utilized when notifying the city about servicing a property.
Signage is required for all fence types. Signage must list the Contractor business name
and phone number. Signage for electric fences must also clearly indicate the presence
of an electric fence. Other signage requirements will vary based on the specific grazing
site and will be determined by the City upon notification of an upcoming service location.
Temporary fencing must be removed when animals are not present on the property.
Page 941 of 1050
Are there noise regulations?
Yes. It is important to remember to be a respectful neighbor if you choose to host
controlled grazing on your property. Noise, nuisance and other City ordinances apply to
controlled grazing livestock operations and may be enforced, even during permitted
grazing periods.
To avoid noise and other disturbances, please remember that goats and sheep will
generally remain quiet if they are content and well cared for. However, they will vocalize
loudly in certain situations, such as when they are hungry, thirsty, injured, sick, or feel
threatened. Proper care for animals can minimize noise disturbances
How are city staff involved?
City staff reserve the right to inspect the property at any time during the period the
livestock is present to ensure compliance with program regulations. Verified violations of
noise, nuisance, or other code or program violations may result in the revocation of your
Controlled Livestock Grazing permit, denial of future permit applications, municipal
infractions, or other consequences.
Is neighbor notification required?
Notification of neighbors prior to controlled grazing is not required, but is encouraged.
How do I obtain a controlled grazing permit?
Grazing Contractors should complete the controlled grazing permit application found at
www.cityofdubuque.org/cityclerk. The permit application must be completed at least
seven days prior to the desired start date of controlled grazing. The permit is valid for
one year. For questions, please contact the City Clerk's Office at 563-589-4100.
Page 942 of 1050
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/20/2024
and for which the charge is 33.38
Subrscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 23rd day of December, 2024
'
Notary Public in and for DubuqueCounty, Iowa.
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11 /2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 62 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE,
FIRE AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE A
MISCELLANEOUS PROVISIONS, SECTION 7-6A-2 RESTRICTIONS ON
MAINTAINING LIVESTOCK
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 7-6A-2 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK:
D. "Controlled Livestock Grazing:
1. "A controlled livestock grazing contractor may temporarily
keep or maintain within the corporate limits of the City any
pens, yards, sheds or enclosures wherein any grazing livestock
approved by the City are temporarily kept for the limited and
express purposes of controlled livestock grazing in accordance
with the City's controlled livestock grazing program.
2. "All such pens, yards, sheds or enclosures used for the
limited and express purpose of controlled livestock grazing
will be temporary and may not remain in place beyond the term
of grazing approved at a particular location. Due to the
temporary nature of such pens, yards, sheds, or enclosures
used for the limited and express purpose of controlled
livestock grazing, concrete floors will not be required for
pens, yards, sheds or enclosures used to shelter and keep
animals participating in controlled livestock grazing.
3. "All fences used to keep or maintain livestock used for
controlled livestock grazing within corporate limits must
comply with the fencing regulations set forth in the City's
Controlled Livestock Grazing Program.
4. "Any controlled livestock grazing contractor who wishes to
keep or maintain livestock within the corporate limits for
controlled livestock grazing must obtain a permit from the
City and comply with all terms and conditions of the City's
controlled livestock grazing program.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 16th day of December,
2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of December, 2024.
/s/Adrienne N. Breitfelder, City Clerk
It 12/20