ATCP 16.24 (2) (a) 5. For a dog 26 27 to 30 inches long, 24 square feet.
(b) 5. For a dog 26 27 to 30 inches long, 18 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. An outdoor primary enclosure shall be constructed and maintained to prevent dogs from escaping from 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.
SECTION 35. ATCP 16.24 (3m) is created to read:
ATCP 16.24 (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). SECTION 36. ATCP 16.24 (4) (c) and (5) (a) are amended to read:
ATCP 16.24 (4) (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.
(5) (a) It shall be a moisture proof and windproof structure, insulated to protect against cold and dampness, and made of a durable material and shall have with 4 sides, a roof, and a flat, solid moisture-proof floor or a floor raised at least two inches from the ground.
SECTION 37. ATCP 16.24 (5) (am) is created to read:
ATCP 16.24 (5) (am) During cold, 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.
SECTION 38. ATCP 16.24 (7) (a) (intro.) is renumbered ATCP 16.24 (7) (a) and as renumbered is amended to read:
ATCP 16.24 (7) (a) A dog kept outdoors shall have access, for at least 30 minutes each day, to a run or exercise area that meets all of the following requirements: the requirements under s. ATCP 16.20 (10). SECTION 39. ATCP 16.24 (7) (a) 1. and 2. are repealed.
SECTION 40. ATCP 16.24 (7) (b) is amended to read:
ATCP 16.24 (7) (b) A run or exercise area, under par. (a) 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. SECTION 41. ATCP 16.24 (8) (title) is amended to read:
ATCP 16.24 (8) (title) FACILITY MAINTENANCE CLEANING AND SANITATION.
SECTION 42. ATCP 16.24 (8) (intro.) is repealed.
SECTION 43. ATCP 16.24 (8) (a) is amended to read:
ATCP 16.24 (8) (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.
SECTION 44. ATCP 16.24 (8) (d) and (e) are created to read:
ATCP 16.24 (8) (d) The interior surfaces of outdoor dog shelters, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.
(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.
SECTION 45. ATCP 16.28 (6) is created to read:
ATCP 16.28 (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. SECTION 46. ATCP 16.30 is amended to read:
ATCP 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. SECTION 47. Effective date. This rule takes effect on the first day of the first month commencing after the date of publication.
