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Code of Ordinances Amendment - Title 7 Maintaining Livestock_Grazing Copyrighted August 6, 2018 City of Dubuque Action Items # 4. ITEM TITLE: Code of Ordinances Amendment- Title 7 Maintaining Livestock/ Controlled Grazing Program SUMMARY: City Manager recommending approval of an ordinance change and program requirements to establish a Controlled Livestock Grazing Program. 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 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Controlled Li�stock Grazing Program-NNM Memo City Manager Memo Staff Memo Staff Memo Controlled Li�stock Grazing Program Supporting Documentation Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Recommendation to Establish Controlled Livestock Grazing Program DATE: August 1 , 2018 Targeted, controlled livestock grazing is a relatively new practice that utilizes grazing animals, typically goats or sheep, to manage a specific geography where invasive species have become an issue, or where the geography makes mechanical or human-powered management difficult. It is an environmentally-sensitive alternative to chemical herbicides that may have otherwise been required to manage the land. In 2016, the City of Dubuque developed an Integrated Pest Management program as part of the efforts to implement Sustainable Dubuque principles and decrease negative impacts on the environment. Controlled livestock grazing is one practice that staff have explored while analyzing the environmental impact and feasibility of alternatives to chemical treatment. Additionally, the City has been contacted by individual residents and organizations within city limits who are interested in hiring a controlled grazing contractor to manage difficult land they own. Currently, hoofed animals, including goats and sheep, are only allowed on Agriculture-zoned land in the City. Assistant City Manager Cori Burbach recommends City Council approval of an ordinance change and program requirements to establish a Controlled Livestock Grazing Program. The ordinance amendment creates a temporary exemption from City code requirements related to animals within city limits and fencing and shelter requirements. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager 2 THE CTTY OF Dubuque �" ui��eNe�ary DUB E '�I}I��' Masterpiece on the Mississippi �°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Cori Burbach, Assistant City Manager DATE: August1, 2018 RE: Recommendation to Establish Controlled Livestock Grazing Program INTRODUCTION The purpose of this memorandum is to request Mayor and City Council approval of the attached ordinance change and program requirements to establish a Controlled Livestock Grazing Program. BACKGROUND Targeted, controlled livestock grazing is a relatively new practice that utilizes grazing animals, typically goats or sheep, to manage a specific geography where invasive species have become an issue, or where the geography makes mechanical or human-powered management difficult. It is an environmentally-sensitive alternative to chemical herbicides that may have otherwise been required to manage the land. In 2016, the City of Dubuque developed an Integrated Pest Management (IPM) program as part of our efforts to implement Sustainable Dubuque principles and decrease our negative impacts on the environment. Controlled livestock grazing is one practice that staff have explored as we have analyzed the environmental impact and feasibility of alternatives to chemical treatment. Additionally, the City has been contacted by individual residents and organizations within city limits who are interested in hiring a controlled grazing contractor to manage difficult land they own. Currently, hoofed animals, including goats and sheep, are only allowed on Agriculture-zoned land in the City. DISCUSSION Staff from the City Manager's, City Clerk's and City Attorney's Office and Health and Planning departments met to develop the attached recommendation. Staff were also able to visit a site that is currently serviced by Goats on the Go, a controlled grazing business based in Peosta, as part of our research. Staff are recommending the creation of a Controlled Livestock Grazing Program. Under the program requirements, a controlled grazing contractor must obtain a Controlled Livestock Grazing permit in order to operate within city limits. The permit is valid for one calendar year and costs$300, similar to the existing Solicitor's License fee. As proposed, the City will not obtain, require, or provide insurance on behalf of any contractors. Rather, insurance requirements should be negotiated between the contractor and property owner. The City will require a Surety Bond in the amount of five thousand dollars ($5,000) be filed by the contractor. Under the proposed program, controlled grazing of goats and sheep only would be allowed on a property for no more than thirty (30) days once per twelve-month period. A permitted contractor must notify the City at least 48 hours prior to moving to a new location within the city. Key requirements of the program include: • Only female and castrated male goats and sheep may be used for controlled grazing. • Controlled grazing may occur on public or private land. If grazing will occur in the City right of way, the contractor must obtain a City permit to work in the right of way and comply with the additional requirements of this permit. • Temporary electric fences are allowed to contain the animals while they work. Signs must be posted at 15-foot intervals that include business name and contact information for the contractor. Contractor must visit the animals at least once every 24 hours to ensure the animals are appropriately confined and completing the desired task. • Best animal husbandry practices and all applicable state and local laws related to animal care must be followed. • Noise, nuisance and other City ordinances will apply to controlled grazing operations. Verified complaints regarding noise, nuisance, or other code violations may result in the revocation of the Controlled Livestock Grazing permit, denial of future permit applications, municipal infractions, or other consequences. The attached ordinance amendment creates a temporary exemption from City code requirements related to animals within city limits and fencing and shelter requirements. RECOMMENDED ACTION I respectfully recommend Mayor and City Council approval of the attached ordinance amendment and establishment of the Controlled Livestock Grazing Program. Cc: Kevin Firnstahl, City Clerk Mary Rose Corrigan, Public Health Specialist Laura Carstens, Planning Services Director Crenna Brumwell, City Attorney 2 THE CTTY OF Dubuque �" ui�yeee�pn DUB E 'il��i;� Masterpiece on the Mississippi Z°°' Z°'Z 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, for no more than thirty days and no more than once annually, on a specific property, 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 for a period thirty days or less at one time 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 only appropriate 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. The property owner and Contractor 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 Clerks Office prior to introducing livestock to a property to complete a controlled grazing program. The permit application must be submitted by the Contractor (owner of the animals). The cost of the permit, which is valid for one calendar year, is $300. In addition to the permit, the Contractor must notify the City each time he/she services a new address within city limits. The notice must include property address, owner name and contact information, and a basic site plan which notes where the animals will be working. 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. Number of animals should be determined 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 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, the Contractor must obtain from the City a 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 often can controlled livestock grazing be utilized on a property? Animals used for controlled livestock grazing may not remain on the property for more than thirty (30) consecutive days. A controlled livestock grazing permit will only be granted for a property once during any twelve-month period. 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 free of 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 (for the time period specified on the approved permit) exist for the Controlled Livestock Grazing Program. Temporary fences for the containment of grazing animals 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. Temporary electric fences used to pen grazing animals are allowed. These fences must be posted at 15 foot intervals with warning signs notifying the public of the presence of a dangerous fence. Signs must contain Contractor business name and phone number. Temporary fencing must be removed when animals are not present on the property. 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. Verified complaints regarding noise, nuisance, or other code violations may result in the revocation of your Controlled Livestock Grazing permit, denial of future permit applications, municipal infractions, or other consequences. 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 Is neighbor notification required? Notification of neighbors prior to controlled grazing is not required, but is encouraged. Signage identifying the Contractor business name and contact phone number must be posted on the grazing site. How do I obtain a controlled grazing permit? Grazing Contractors should complete the controlled grazing permit application found at www.cityofdubuque.org/cityclerk. 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. In addition, a property contact information notice should be completed for each property the Contractor is servicing at least 48 hours prior to beginning work at that property. For questions, please contact the City Clerk's Office at 563-589-4100. Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 27-18 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 amended to read as follows: 7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK: A. Maintenance Of Pens, Yards And Enclosures: No person shall keep or maintain within the corporate limits of the city any pens, buildings, yards, sheds or enclosures wherein any cattle, sheep, swine or other livestock are collected, kept or fed for commercial purposes unless such pens, buildings, yards, sheds or enclosures are erected, constructed and maintained as provided in this section. B. Concrete Floors: All such pens, buildings, yards, sheds or enclosures shall be erected and maintained with floors constructed of concrete at least four inches (4°°) thick with a smoothly troweled wearing surface. C. Drainage; Catch Basins: All such concrete floors shall be constructed so as to drain to a catch basin or basins connected with the sanitary sewage system of the city, or in the event there is no such sewage system within two hundred feet (200°) from the property line, such basin or basins shall be connected with a sewage disposal system approved by the city manager. 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. Controlled livestock grazing within the corporate limits will not be allowed in any one (1) location for more than thirty (30) consecutive 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 more than thirty (30) consecutive 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 policy. 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 takes effect on publication. Passed, approved, and adopted the 6th day of August 2018. Attest: Kev V'S Firnstahl, City Clerk fay D. Buol, Mayor EFFECT OF AMENDMENT 7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK: A. Maintenance Of Pens, Yards And Enclosures: No person shall keep or maintain within the corporate limits of the city any pens, buildings, yards, sheds or enclosures wherein any cattle, sheep, swine or other livestock are collected, kept or fed for commercial purposes unless such pens, buildings, yards, sheds or enclosures are erected, constructed and maintained as provided in this section. B. Concrete Floors: All such pens, buildings, yards, sheds or enclosures shall be erected and maintained with floors constructed of concrete at least four inches (4") thick with a smoothly troweled wearing surface. C. Drainage; Catch Basins: All such concrete floorsshall be constructed so asto drain to a catch basin or basins connected with the sanitary sewage system of the city, or in the event there is no such sewage system within two hundred feet (200') from the property line, such basin or basins shall be connected with a sewage disposal system approved by the city manager. 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. Controlled livestock grazing within the corporate limits will not be allowed in any one (1) location for more than thirty (30) consecutive 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 more than thirty (30) consecutive 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 policy. 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. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: August 10, 2018, and for which the charge is $37.39. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this 14 day of , 20 (g . Not 'ublic in and for Dubuque County, Iowa. JANET K. PAPE =mission Number 199659 My Comm, Exp. DEC 11, 2019 OFFICIAL PUBLICATION ORDINANCE NO. 27-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE (7 POLICE, FIRE . AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE A MISCELLANEOUS PROVISIONS, SEC- TION 7-6A-2 RESTRIC TIONS ON MAINTAIN- ING 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 Ordi- nances is amended to read as follows: 7-6A-2: RESTRIC- TIONS ON MAINTAIN- ING LIVESTOCK: - A. Maintenance Peris,'Yards And Enclo-Of sures: No person shall keep or maintain with- in the corporate limits of the city any pens, buildings, yards; sheds or enclosures, wherein any cattle, ; . sheep, swine or other live- stock are collected, kept or fed for com- mercial purposes un- less such . pens, buildings, yards, sheds or enclosures • are erected, constructed and maintained as pro- vided in this section. B. Concrete Floors: All such pens, buildings, yards, sheds or enclo- sures shall be erected and maintained with floors constructed -of concrete at least four inches (4") thick with a smoothly troweled wearing surface. C. Drainage;;' Catch Basins: All : such con- crete floors shall be constructed so . as to drain to a catch basin or basins connected with the sanitary sewage system of the city, or in the event there is no such sewage system within two hundred feet (200') from the property line, such basin or basins shall be connected with a sewage disposal system approved by the city, manager. D. Controlled Live- stock Grazing:,, 1. A controlled live- stock grazing contrac- tor may temporarily keep or maintain with inf thethe corporate ypenlimitss, o: , yards, sheds or enclo- sures wherein any grazing livestock ;-ap- proved by the city are temporarily kept for the limited and express', purposes ofcontrolled livestock grazing in.ac cordance with the citys ' controlled livestock grazing program. Con - I trolled, livestock graz- ing: -within ..the cor- porate limits will not be allowed in any one (1) location for more than thirty (30) consec- utive days. onsec-utivedays. 2. All such pens, yards, sheds or enclo- I sures used for the lim- ited and express pur- 1 pose of controlled live- stock grazing will be temporary and may not remain, in place; more than thirty (30) consec- utive days. Due to the temporarynature, of such pens, ";yards, sheds, or enclosures used for the ;limited and express purpose of controlled - livestock grazing, concrete floors will not be re- quired for pens, yards, sheds or enclosures used to shelter and keep 'animals partici- pating in controlled livestock grazing. 3. All fences used to keep or maintain live- stock used for con- trolled livestock graz- ing !within corporate_ limits must comply with the fencing regu- lations set forth in the citys Controlled 'Live- stock Grazing policy. 4. Any controlled livestock grazing;` con tractor' who wl h. ' to t.or within rate limits forcon- trolled livestock graz ing must obtain a per- mit from the city and comply; with 'terms and conditions . of the citysr controlled- live- stock grazing program. Section 2. ThisvOrdi- nance takes effect on publication. Passed, approved, and adopted the 6th day of August 2018. /s/Roy D. Buol, Mayor Attest;/s/Kevin S. Firnstahl, City Clerk; Published officially in the :Telegraph`1erald,' newspaper on the,'lOth day of August 2018. /s/Kevin S. Firnstahl, City Clerk,! it 8/10