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CITY OF HASTINGS: Ordinance No. 2018-09, Goats

Tuesday, October 9, 2018 - 11:22pm

BE IT ORDAINED by the City Council of the City of Hastings as follows:
Chapter 91 of the Hastings City Code - Animals is hereby amended as follows
(Additions to the ordinance are underlined, and section numbers may be renumbered):

§ 91.02 KEEPING.
It is unlawful for any person to keep any animal, not in transit, in any part of the city not zoned for agricultural purposes.
(A) Exceptions
(1) Chickens (Gallus gallus domesticus) subject to § 155.07. (Prior Code,
§ 9.29) (Am. Ord. 2009-08, 3rd Series, passed 9-21-2009) Penalty, see § 10.99
(2) Temporary Keeping of Goats subject to § 91.35.
(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 species and other weed control is permitted in the A - Agriculture, I-1 Industrial Park, and PI – Public
Institution Zoning Districts, and to establish requirements for doing so to protect the health, safety, and welfare of the general population,
(B) Requirements for Temporary Keeping of Goats for Invasive Species or Other Weed Control
(1) Properties must be at least 1.5 acres in size.
(2) Goat containment fences shall be set back a minimum of 100 feet from any residence.
(3) Temporary Use of goats shall not exceed two thirty day periods in any 12-month period.
(4) The goats must be contained by an adequate containment fence at all times. If an electric fence is used it must display a warning that the fence is electric.
(5) All goat waste material must be removed so as to not cause a public nuisance.
(6) 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.
(7) Goats shall not be allowed on a vacant lot.
(8) Habitual Bleating. It shall be unlawful for any person to keep or harbor a goat which habitually bleats. Habitual bleating is defined as bleating for repeated intervals of at least 5 minutes with less than 1 minute of interruption. The bleating must also be audible off of the owner's or caretaker's premises.
(9) The City shall have no liability for any damage that may be caused by goats kept on a property pursuant to this section. Property owners and permittees under this section shall be jointly and severally liable for any damage that may be caused by the goats kept pursuant to a permit issued under this section.
(C) Permit Required
(1) No person shall own, harbor, keep or maintain temporarily or otherwise goats on their property within the City without first obtaining a Temporary Goat Permit by the City of Hastings.
(2) The permit shall allow the permit-holder to temporarily have goats on their property for up to 30 days for the purpose of invasive species or other weed control on their property.
(3) A person may be issued no more than two such permits per property in any 12-month period.
(4) Applications shall be made to the Community Development Department for review and approval.
(5) Applicants shall provide the following information on the permit application:
(a) Name, address, and contact information of the permit applicant.
(b) Address and description of the property where the goats will be
temporarily kept.
(c) Description of the type of invasive species or weed control problem on the property.
(d) Name, address, and contact information of the property owner and person or entity providing the goats.
(e) Site plan showing where on the property the goats will be temporarily kept, including a plan and description of the fencing that will be used to keep the goats on the property.
(f) A plan to dispose of goat manure in a safe and adequate manner with removal of waste within 24 hours.
(g) Proposed number of goats. The number of goats allowed per permit shall be determined based on the size of the area where goats will be kept.
(6) No permit shall be issued until the City reviews the application and inspects the property and determines that the applicant has complied with the requirements of this section.
(7) The applicant shall be the property owner or tenant with written consent of property owner.
(8) Written permission from a Homeowner's Association, if applicable or a
statement by the applicant that keeping goats on the property is consistent with any Homeowners Association Bylaws or Rules.
(9) The permit shall not be transferable.
(10) No permit shall be issued if the applicant is delinquent in paying of any
taxes, assessments, forfeitures, or fines for violations of City ordinances, utility bills, or other claims owed to the City.
(D) Permit Fee.
(1) Application and Permit fee shall be in the amount established by City fee schedule.
(2) Permit fees shall not be prorated or refundable.
(E) Inspection and Enforcement.
(1) The Hastings Police Department, Animal Control Officer, or their designees shall have the power, whenever they may deem reasonably necessary, and consistent with the requirements of statutory and constitutional law, to enter a building, structure, or property related to a permit under this section to inspect and ascertain whether the license holder is in compliance with this chapter. The above listed departments may issue compliance orders and citations pursuant to the provisions of this chapter, this code and state law. The inspecting party shall first present proper credentials and
request entry. If entry is refused the inspecting party shall have recourse to every remedy provided by law to secure entry, including the right to secure a proper
inspection warrant.
(2) The City may revoke a permit at any time if the permittee does not follow the terms of the permit or this section, or if the City finds that the permit holder has not maintained the goats, fences, or outdoor enclosures in a clean and sanitary condition.
(F) Other Methods Not Excluded. The requirements and remedies provided under this section are not exclusive and may be used in combination with each other or with any other section of this code or applicable state statute.
(G) Severability. If any provision in this section, or portion thereof, is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.
(I) Violation and Penalty. Every person who violates a section or division of this chapter by performing an act thereby prohibited or declared unlawful, or by failing to do an act hereby required, or when the person fails to act when the failure is thereby prohibited or declared unlawful, shall upon conviction be punished as for a
Temporary Goat Permit - $50.00
All other sections shall remain unchanged.
ADOPTED by the Hastings City Council on this 1st day of October, 2018

/s/ Paul J. Hicks, Mayor
ATTEST: /s/ Julie Flaten, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 1st day of October, 2018, as disclosed by the records of the City of Hastings on file and of record in the office.
/s/ Julie Flaten, City Clerk
This instrument drafted by:
City of Hastings (JH)
101 4th St. East
Hastings, MN 55033