Section 16.24. Dogs 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 26 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 26 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 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.

(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) .

(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.

(c) A windbreak, other than the dog shelter under sub. (5) , which is adequate to shelter all dogs in the primary enclosure from wind.

(5)   Dog shelter. A dog shelter, under sub. (4) (a) , shall meet all of the following requirements:

(a) It shall be made of a durable material and shall have 4 sides, a roof, and a flat solid floor.

(b) Its interior shall be readily accessible by all dogs kept in the primary enclosure.

(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.

(d) It shall be tall enough to allow the tallest dog in the primary enclosure to stand normally and comfortably in the shelter.

(e) It shall be constructed and maintained to do all of the following:

1. Prevent injury to dogs that use it.

2. Allow all dogs using it to retain or dissipate enough body heat for health and comfort.

3. Allow all dogs using it to remain dry and clean.

4. Give all dogs using it reasonable protection from predators.

(6)   Tethering.

(a) A dog may not be tethered outdoors unless all of the following apply:

1. The dog is of a breed that can tolerate tethering.

2. The dog can readily tolerate tethering, based on its age, health and physical condition.

3. The tethered dog can easily enter and lie down in a dog shelter that complies with sub. (5) .

4. The tethered dog is not a pregnant or nursing female.

5. The tether cannot become entangled with any object.

6. The tether has an anchor swivel.

7. The tether is at least 6 feet long and of sufficient length for the size of the dog.

8. The tether is attached to the dog by means of a non-tightening collar or harness of sufficient size for the dog.

(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) .

(7)   Runs and exercise areas.

(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:

1. 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 any given time, and shall be large enough for the dog to achieve a running stride.

2. 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.

(b) A run or exercise area, under par. (a) , 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.

(8)   Facility maintenance. Outdoor facilities in which dogs are kept shall be maintained to protect the health and safety of dogs kept in those facilities. Maintenance shall comply with the following requirements:

(a) All excreta shall be removed from outdoor primary enclosures at least daily.

(b) Pests and parasites shall be controlled as necessary to maintain dog health and comfort.

(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.

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 .