ATCP 16.24(3)(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. ATCP 16.24(3m)(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). ATCP 16.24(4)(4) Shelter, shade and windbreak. An outdoor primary enclosure shall contain all of the following: ATCP 16.24(4)(b)(b) A shaded area, other than the dog shelter under sub. (5), which is adequate to shade all dogs in the primary enclosure from direct sunlight during any sunlight hours in which heat stress may occur, without crowding. ATCP 16.24(4)(c)(c) A windbreak, other than the dog shelter under sub. (5), which is adequate to shelter all dogs in the primary enclosure from wind for protection against cold temperatures that may adversely affect the health of the dogs. ATCP 16.24(5)(5) Dog shelter. A dog shelter, under sub. (4) (a), shall meet all of the following requirements: ATCP 16.24(5)(a)(a) It shall be a moisture proof and windproof structure, insulated to protect against cold and dampness, and made of a durable material with 4 sides, a roof, and a flat, solid moisture-proof floor or a floor raised at least two inches from the ground. ATCP 16.24(5)(am)(am) During cold or inclement weather likely to have an adverse impact on the health of the dog, the structure shall have a windbreak at the entrance and clean, dry bedding that is appropriate for the dog’s breed, age and physical condition. ATCP 16.24(5)(b)(b) Its interior shall be readily accessible by all dogs kept in the primary enclosure. ATCP 16.24(5)(c)(c) It shall be large enough to accommodate, without crowding, all dogs kept in the primary enclosure. The shelter shall be large enough so that all of the dogs in the primary enclosure can turn around and lie down when all of those dogs are in the shelter. ATCP 16.24(5)(d)(d) It shall be tall enough to allow the tallest dog in the primary enclosure to stand normally and comfortably in the shelter. ATCP 16.24(5)(e)(e) It shall be constructed and maintained to do all of the following: ATCP 16.24(5)(e)2.2. Allow all dogs using it to retain or dissipate enough body heat for health and comfort. ATCP 16.24(6)(a)(a) A dog may not be tethered outdoors unless all of the following apply: ATCP 16.24(6)(a)2.2. The dog can readily tolerate tethering, based on its age, health and physical condition. ATCP 16.24(6)(a)3.3. The tethered dog can easily enter and lie down in a dog shelter that complies with sub. (5). ATCP 16.24(6)(a)7.7. The tether is at least 6 feet long and of sufficient length for the size of the dog. ATCP 16.24(6)(a)8.8. The tether is attached to the dog by means of a non-tightening collar or harness of sufficient size for the dog. ATCP 16.24(6)(b)(b) Dogs may not be tethered outdoors at an animal control facility or animal shelter, except that a dog may be temporarily tethered outdoors in compliance with par. (a) for not more than 4 hours in any day. The responsible caretaker, or an individual implementing a caretaker’s written or oral instructions, shall be on the premises during the temporary tethering and shall ensure that the tethering complies with par. (a). ATCP 16.24(7)(a)(a) A dog kept outdoors shall have access, for at least 30 minutes each day, to a run or exercise area that meets the requirements under s. ATCP 16.20 (10). ATCP 16.24(7)(b)(b) A run or exercise area under s. ATCP 16.20 (10) is not required to include a dog shelter under sub. (5) or a windbreak, unless the run or exercise area also serves as a primary enclosure. ATCP 16.24(8)(a)(a) All excreta shall be removed from outdoor 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. ATCP 16.24(8)(b)(b) Pests and parasites shall be controlled as necessary to maintain dog health and comfort. ATCP 16.24(8)(c)(c) 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. ATCP 16.24(8)(d)(d) The interior surfaces of outdoor dog shelters, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled. ATCP 16.24(8)(e)(e) Primary enclosures and other dog holding areas shall be cleaned with an appropriate detergent, rinsed, and sanitized with an appropriate sanitizer, where possible, to keep them free of accumulated dirt, debris, and disease hazards. Dogs shall be removed from the 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. ATCP 16.24 HistoryHistory: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (8) (c) made under s. 13.92 (4) (b) 1., Stats., Register May 2011 No. 665; CR 18-032: am. (2) (a) 5., (b) 5., (3), cr. (3m), am. (4) (c), (5) (a), cr. (5) (am), renum. (7) (a) (intro.) to (7) (a) and am., r. (7) (a) 1., 2., am. (7) (b), (8) (title), r. (8) (intro.), am. (8) (a), cr. (8) (d), (e) Register October 2019 No. 766, eff. 11-1-19. ATCP 16.26ATCP 16.26 Transporting dogs. A person who is required to be licensed under s. ATCP 16.02 (1), and that person’s employees and agents, shall comply with the following requirements related to the transportation of dogs: ATCP 16.26(1)(1) Portable enclosures. A portable enclosure used to transport one or more dogs, including any enclosure that is placed on or forms part of a transport vehicle, shall meet all of the following requirements: ATCP 16.26(1)(a)(a) It shall be constructed of water-resistant and cleanable material. ATCP 16.26(1)(b)(b) It shall be designed to keep all dogs within the enclosure clean and dry. ATCP 16.26(1)(c)(c) It shall be designed to protect the health and safety of all dogs in the enclosure. ATCP 16.26(1)(d)(d) It shall have ventilation openings to ensure the comfort and health of all dogs in the enclosure. ATCP 16.26(1)(f)(f) It shall be cleaned and sanitized between occupancy by different dogs, and more often as necessary to keep it in a clean condition. ATCP 16.26(1)(g)(g) When on a transport vehicle, it shall be all of the following: ATCP 16.26(1)(g)1.1. Positioned so that each dog in the enclosure has access to sufficient air for normal breathing. ATCP 16.26(1)(g)2.2. Positioned so that the opening through which dogs enter and exit the enclosure is accessible at all times for emergency removal of dogs from the enclosure. ATCP 16.26(1)(g)3.3. Positioned so that all dogs in the enclosure are protected from the elements. ATCP 16.26(1)(g)4.4. Positioned or protected so that no dog in the enclosure is exposed to excreta falling from above. ATCP 16.26(1)(g)5.5. Secured as necessary to prevent reasonably foreseeable movement that may injure dogs. ATCP 16.26(2)(2) Care of dogs during transport. The following standards apply to dogs that are being transported: ATCP 16.26(2)(a)(a) Each dog shall at all times be protected from hypothermia and hyperthermia. Transportation vehicles shall be heated or cooled, if necessary, to comply with this paragraph. ATCP 16.26(2)(b)(b) Each dog shall have sufficient space to turn, stand and lie down, except that this requirement does not apply to dogs transported during dog training, dog trialing, and hunting. ATCP 16.26(2)(f)(f) Each dog carried in a transport vehicle shall be removed from the vehicle at least once every 12 hours, and be allowed to urinate, defecate, and exercise, unless the vehicle is equipped to meet the urination, defecation, and exercise needs of all dogs being transported. ATCP 16.26(2)(g)(g) Each dog carried in a transport vehicle shall be removed in a timely fashion from that vehicle when the vehicle reaches the destination to which it is transporting the dog, so that the dog can urinate, defecate, and exercise. ATCP 16.26(3)(3) Transport vehicles. The following standards apply to a transport vehicle that is used to transport dogs: ATCP 16.26(3)(a)(a) The vehicle shall provide fresh or filtered air as necessary, without injurious drafts, to all dogs that are transported in the vehicle. ATCP 16.26(3)(b)(b) The dog cargo space shall be constructed and maintained to minimize the ingress of exhaust from the vehicle’s engine. ATCP 16.26 HistoryHistory: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665. ATCP 16.28ATCP 16.28 Prohibited conduct. No person who is required to be licensed under s. ATCP 16.02 (1) may do any of the following, either directly or through an employee or agent: ATCP 16.28(1)(1) Prevent a department employee from performing his or her official duties under this chapter, or interfere with the lawful performance of those duties. ATCP 16.28(2)(2) Physically assault a department employee while the employee is performing his or her official duties under this chapter. ATCP 16.28(3)(3) Refuse or fail, without just cause, to produce required records or respond to a department subpoena or investigative demand related to any matter under this chapter. ATCP 16.28(5)(5) Accept custody or control of a dog from any person, knowing that the person is required to be licensed under s. ATCP 16.02 (1) to convey custody or control of that dog but is not licensed, unless all of the following apply: ATCP 16.28(5)(a)(a) The person accepts custody or control of the dog to protect its health, safety or welfare. ATCP 16.28(5)(b)(b) The person promptly reports the acceptance to the department, and provides any relevant information that the department requests concerning the transaction. ATCP 16.28 NoteNote: A person may make a report under sub. (5) (b) to the following address:
ATCP 16.28 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.28 NoteDivision of Animal Health
ATCP 16.28 NoteP.O. Box 8911
ATCP 16.28 NoteMadison, WI 53708-8911
ATCP 16.28 NotePhone: (608) 224-4872
ATCP 16.28 NoteFax: (608) 224-4871
ATCP 16.28(6)(6) Convey custody or control of a dog to a person who is required to be licensed under s. ATCP 16.02 (1) but has failed to obtain the required license. ATCP 16.28 HistoryHistory: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (1), (2), (3), (4), (5) made under s. 13.92 (4) (b) 1., Stats., Register May 2011 No. 665; CR 18-032: am. (x) Register October 2019 No. 766, eff. 11-1-19; CR 18-032: cr. (6) Register October 2019 No. 766, eff. 11-1-19. ATCP 16.30ATCP 16.30 Variances. The department may, in response to a written request, grant a variance from a standard under s. ATCP 16.20 (7), 16.22, 16.24, or 16.26 if the department finds that the variance is reasonable and necessary under the circumstances and will not compromise the purpose served by the standard. The variance shall be issued in writing, shall include the department’s findings, and shall include the specific terms of the variance including any time limit on the variance. A request for a variance shall include information to show that the variance is justified under this section.
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