1. Only one dog is kept in the temporary enclosure at any time.
2. The temporary enclosure is long enough to accommodate the entire length of dog’s head and body, measured from the tip of the dog’s nose to the base of the dog’s tail.
3. The temporary enclosure is tall enough for the dog to stand normally and comfortably, and large enough for the dog to turn around and lie down.
(b) A temporary dog enclosure shall be kept indoors unless outdoor temperatures are adequate so as to not adversely affect the health of the dog, there is shade to protect the dog from direct sunlight during any sunlight hours in which heat stress may occur, and there is no inclement weather.
(10)Runs and exercise areas. A run or exercise area shall meet all of the following requirements:
(a) It shall be large enough for the dog’s size and temperament, considering the number of dogs that may use the run or exercise area at the same time, and shall be large enough for the dog to achieve a running stride.
(b) If outdoors, it shall include a shaded area that is large enough, during all hours in which the run or exercise area is used, to shade all dogs using the run or exercise area without crowding.
History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (1) (f), (2) (d), (e), (f), (3) (a), (c) 3., cr. (7) to (10) Register October 2019 No. 766, eff. 11-1-19; renum. (10) (a) (intro.), 1., 2. to (10) (intro.), (a), (b) under s. 13.92 (4) (b) 1., Stats., Register October 2019 No. 766.
ATCP 16.22Dogs kept indoors. The following requirements apply to an indoor facility at which a person keeps dogs pursuant to a license under s. ATCP 16.02 (1):
(1)Primary enclosures; general.
(a) Size and configuration. An indoor primary enclosure shall comply with sub. (2) or (3), except that a whelping enclosure shall comply with s. ATCP 16.20 (7) and a nursery enclosure shall comply with s. ATCP 16.20 (8).
(am) General structure and maintenance. The primary enclosure shall be structurally sound and maintained in good repair to protect the dog from injury.
(b) Floors and interior surfaces. Floors and interior surfaces of an indoor primary enclosure shall comply with all of the following standards:
1. Dirt floors are prohibited.
2. A floor, other than a floor in the portion of a whelping enclosure that is accessible to puppies, may be constructed of metal wire mesh. The wire shall be coated with an acceptable material to prevent injury to the dogs’ feet. The wire shall be of an adequate gauge to prevent sagging under the weight of the dog or dogs kept in the enclosure, and to prevent injury to the dogs’ feet.
Note: Stainless steel slatting is not wire mesh.
3. Floor openings, if any, shall be small enough to prevent the feet of the smallest dog kept in the enclosure from passing through or becoming entangled in the openings.
4. Floors and other interior surfaces shall be constructed and maintained to keep the dog clean, dry, and safe from injury. Surfaces shall be regularly cleaned and sanitized.
(c) Stacking primary enclosures. No indoor primary enclosure may be stacked on top of any other indoor primary enclosure unless the stacking arrangement complies with all of the following:
1. The floor of the top enclosure shall be no higher than 52 inches from the floor of the room in which the enclosures are stacked.
2. The stacking arrangement shall provide for safe dog handling, adequate ventilation and temperature control, easy cleaning and sanitization, and easy inspection of all stacked enclosures.
3. Each stacked enclosure shall have a fully ventilated front side and a solid floor or floor with a solid catch pan that can be easily cleaned and sanitized.
4. The stacked enclosures shall be stable when filled to maximum capacity with dogs.
5. No dog in any of the stacked enclosures may be exposed to any excreta, urine, dirt, or debris falling from a higher enclosure.
(2)Primary enclosure for one or more dogs that get at least 30 minutes of exercise each day. A primary enclosure under this subsection shall comply with all of the following requirements:
(a) The floor area of the primary enclosure shall be at least equal to the sum of the floor areas under pars. (b) and (c), where each dog’s length is measured from the tip of the dog’s nose to the base of the dog’s tail.
(b) For the largest dog in the primary enclosure, the primary enclosure shall include a floor area at least equal to the following:
1. For a dog up to 10 inches long, 4.5 square feet.
2. For a dog 11 to 16 inches long, 8 square feet.
3. For a dog 17 to 22 inches long, 12 square feet.
4. For a dog 23 to 26 inches long, 18 square feet.
5. For a dog 27 to 30 inches long, 24 square feet.
6. For a dog more than 30 inches long, 30 square feet.
(c) For each additional dog in the primary enclosure, other than the dog under par. (b), the primary enclosure shall include a floor area at least equal to the following:
1. For a dog up to 10 inches long, 3.375 square feet.
2. For a dog 11 to 16 inches long, 6 square feet.
3. For a dog 17 to 22 inches long, 9 square feet.
4. For a dog 23 to 26 inches long, 13.5 square feet.
5. For a dog 27 to 30 inches long, 18 square feet.
6. For a dog more than 30 inches long, 22.5 square feet.
(d) The height of the primary enclosure shall be at least 12 inches taller than the tallest dog in the enclosure.
(e) Each dog kept in the primary enclosure shall have access for at least 30 minutes each day to an indoor or outdoor run or exercise area that meets the requirements under s. ATCP 16.20 (10).
Note: A primary enclosure may also function as a run or exercise area if it complies with par. (e).
(3)Primary enclosure for one dog that gets at least 120 minutes of exercise each day. A primary enclosure under this subsection shall comply with all of the following requirements:
(a) No more than one dog may be kept in the primary enclosure at any time.
(b) The floor area of the primary enclosure shall be based on the length of the dog kept in the enclosure. The floor area shall be at least equal to the following, where the length of the dog is measured from the tip of the dog’s nose to the base of the dog’s tail:
1. For a dog up to 10 inches long, 4 square feet.
2. For a dog 11 to 16 inches long, 6 square feet.
3. For a dog 17 to 22 inches long, 10 square feet.
4. For a dog 23 to 26 inches long, 14 square feet.
5. For a dog 27 to 30 inches long, 18 square feet.
6. For a dog more than 30 inches long, 20 square feet.
(c) The height of the primary enclosure shall be at least 12 inches taller than the dog that is kept in the enclosure.
(d) The dog kept in the primary enclosure shall have access for at least 120 minutes each day to an indoor or outdoor run or exercise area that meets the requirements under s. ATCP 16.20 (10).
(7)Lighting, temperature and ventilation.
(a) An indoor facility shall have well-distributed natural or artificial light that is adequate for proper care, maintenance and inspection of the facility and of all dogs kept in the facility. All areas in which dogs are kept shall have a diurnal lighting cycle.
(b) An indoor facility shall have adequate heating and cooling, and shall be heated at a minimum of 50 degrees Fahrenheit. The indoor facility shall be heated or cooled as necessary to keep temperatures within appropriate limits, based on the dog breeds kept at the facility and the ability of those breeds to acclimate to temperature variation. Dogs shall be protected from heat, cold and humidity that may be injurious to their health.
(c) An indoor facility shall be adequately ventilated with fresh or filtered air to maintain the health and comfort of all dogs and to minimize odors, drafts, ammonia levels and moisture condensation. The facility shall provide an exchange of air between indoor areas where dogs are kept and the outdoors.
(8)Cleaning and sanitation.
(a) Excreta shall be removed from primary enclosures, exercise areas, and other dog holding areas at least daily, and more often as necessary for the health and comfort of all dogs.
(am) Pests and parasites shall be controlled as necessary to maintain dog health and comfort.
(b) Primary enclosures and other dog holding areas shall be cleaned with an appropriate detergent, rinsed, and sanitized with an appropriate sanitizer, as often as necessary but at least once a week to keep them free of accumulated dirt, debris, and disease hazards.
(c) A primary enclosure shall be cleaned and sanitized before any new dog is placed in the enclosure.
(d) Dogs shall be removed from primary enclosures or other dog holding areas before those areas are cleaned and sanitized. Dogs may not be returned to the cleaned or sanitized enclosure or area until the enclosure or area is dry.
(e) All dogs shall have clean, dry and breed-appropriate bedding, or shall have a solid resting place that is appropriate for the dog’s breed, age, health and physical condition, unless alternative special arrangements are necessary for the dog’s health and safety.
History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (8) made under s. 13.92 (4) (b) 1., Stats., Register May 2011 No. 665; CR 18-032: am. (1) (a), cr. (1) (am), am. (1) (b) 4., (c) 3., (2) (b) 5., (c) 5., (e), (3) (d), r. (4) to (6), am. (7) (b), (8) (a), cr. (8) (am), am. (8) (b) Register October 2019 No. 766, eff. 11-1-19.
ATCP 16.24Dogs kept outdoors. The following requirements apply to an outdoor facility at which a person keeps dogs pursuant to a license under s. ATCP 16.02 (1):
(1)Dogs that may be kept in outdoor primary enclosures. A dog may not be kept in an outdoor primary enclosure unless all of the following apply:
(a) The dog is readily able to tolerate the outdoor temperatures and conditions to which the dog may be exposed in that primary enclosure, considering the dog’s breed, age, health, and physical condition.
(b) The dog is acclimated to the outdoor temperatures and temperature variations that may occur in that primary enclosure.
(2)Outdoor primary enclosure; minimum area. The area of an outdoor primary enclosure, not counting the area of any dog shelter under sub. (5), shall be at least equal to the sum of the following, where each dog’s length is measured from the tip of the dog’s nose to the base of the dog’s tail:
(a) For the largest dog in the primary enclosure, the following area:
1. For a dog up to 10 inches long, 4.5 square feet.
2. For a dog 11 to 16 inches long, 8 square feet.
3. For a dog 17 to 22 inches long, 12 square feet.
4. For a dog 23 to 26 inches long, 18 square feet.
5. For a dog 27 to 30 inches long, 24 square feet.
6. For a dog more than 30 inches long, 30 square feet.
(b) For each additional dog in the primary enclosure, the following area:
1. For a dog up to 10 inches long, 3.375 square feet.
2. For a dog 11 to 16 inches long, 6 square feet.
3. For a dog 17 to 22 inches long, 9 square feet.
4. For a dog 23 to 26 inches long, 13.5 square feet.
5. For a dog 27 to 30 inches long, 18 square feet.
6. For a dog more than 30 inches long, 22.5 square feet.
(3)Outdoor primary enclosure; construction. An outdoor primary enclosure shall be structurally sound and maintained in good repair to protect the dog from injury and to prevent the dog from escaping the enclosure. If any portion of the primary enclosure is covered by a roof or overhead screen, the roof or screen shall be at least 12 inches above the standing height of the tallest dog kept in the primary enclosure.
(3m)Outdoor nursery and temporary dog enclosures. A primary nursery enclosure may be outside if it meets the requirements under s. ATCP 16.20 (8). A temporary dog enclosure may be kept outdoors if it meets the requirements under s. ATCP 16.20 (9).
(4)Shelter, shade and windbreak. An outdoor primary enclosure shall contain all of the following:
(a) One or more dog shelters that collectively comply with sub. (5).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.