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WISCONSIN PUPPY MILL PROJECT

2009 WI Act 90 / ATCP 16 Administrative Rules

Standards of Care: Dogs Kept Outdoors

Information from the "Plain Language Analysis" prepared by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP)

This pup at Silver Lining Kennel seems to be saying, Get Me Out of Here!
Please click on any photo for larger version and caption.

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Please note: The Standards of Care set forth in ATCP 16 apply only to those required to be licensed under Act 90 and NOT to pet or privately owned animals. (See Who Needs a License? for further information.)


 pawprint bullet point   Dogs Kept Outdoors (general)   pawprint bullet point   Minimum Area   pawprint bullet point   Construction   pawprint bullet point   Shelter, Shade and Windbreak   pawprint bullet point

 pawprint bullet point   Dog Shelter   pawprint bullet point   Outdoor Tethering   pawprint bullet point   Access to Run or Exercise Area   pawprint bullet point   Outdoor Facility Maintenance   pawprint bullet point


 

Tiny blue paw print bullet point   Dogs Kept Outdoors

These pups were living in an outdoor pen in the dead of winter.Dogs must be capable of staying outdoors. A dog kept in an outdoor primary enclosure must be all of the following:

  • Readily able to tolerate the outdoor temperatures and conditions to which the dog may be exposed in that enclosure, considering the dog’s breed, age, health and physical condition.

  • Acclimated to the outdoor temperatures and temperature variations that may occur in that enclosure.

 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Minimum Area

Breeding kennel in WI, Dec. 2010The area of an outdoor primary enclosure (not counting the area of any dog shelter in the primary enclosure) must 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:

  • For the largest dog in the primary enclosure, the following area:

    • 4.5 sq. ft. for a dog up to 10 inches long.
    • 8 sq. ft. for a dog 11 to 16 inches long.
    • 12 sq. ft. for a dog 17 to 22 inches long.
    • 18 sq. ft. for a dog 23 to 26 inches long.
    • 24 sq. ft. for a dog 26 to 30 inches long.
    • 30 sq. ft. for a dog more than 30 inches long.

     
  • For each additional dog in the primary enclosure, the following area:

    • 3.375 sq. ft. for a dog up to 10 inches long.
    • 6 sq. ft. for a dog 11 to 16 inches long.
    • 9 sq. ft. for a dog 17 to 22 inches long.
    • 13.5 sq. ft. for a dog 23 to 26 inches long.
    • 18 sq. ft. for a dog 26 to 30 inches long.
    • 22.5 sq. ft. for a dog more than 30 inches long.
 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Construction

An outdoor primary enclosure must 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 must be at least 12 inches higher than the standing height of the tallest dog in the primary enclosure.

A WI breeding facility, March 2010
 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Shelter, shade and windbreak.

WI breeding facility, Dec 2010An outdoor primary enclosure must include all of the following:

  • A Dog Shelter (see below) that is accessible by all dogs kept in the primary enclosure.

  • A shaded area, other than the dog shelter, which is adequate to shade all dogs in the primary enclosure from direct sunlight during any sunlight hours in which heat stress may occur.

  • A windbreak, other than the dog shelter, which is adequate to shelter all dogs in the primary enclosure from wind.

 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Dog Shelter.

Dogs at a WI breeder tethered to oil drums (March 2010)A dog shelter, provided for dogs kept in an outdoor primary enclosure, must meet all of the following requirements:

  • It must be made of a durable material, and must have 4 sides, a roof, and a flat solid floor.

  • It must be big enough to do all of the following:

    • Accommodate all dogs kept in the primary enclosure without crowding.

    • Allow for the tallest dog to stand normally and comfortably.

    • Allow all dogs to turn around and lie down.

  • It must be constructed and maintained to do all of the following:

    • Prevent injury to dogs that use it.

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

    • Allow all dogs using it to remain dry and clean

    • Give all dogs using it reasonable protection from predators.

 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Outdoor Tethering

  • Tethered dog at WI breeding facility, March 2010A dog may not be tethered outdoors unless all of the following apply:

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

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

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

    • The tethered dog can easily enter and lie down in a dog shelter that complies with this rule (see above).

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

    • The tether cannot become entangled with any object.

    • The tether has an anchor swivel.

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

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

  • Tethering prohibited at animal control facilities and animal shelters. A dog may not be tethered outdoors at an animal control facility or animal shelter, except that a dog may be occasionally tethered for up to 4 hours in a day according to general tethering standards in this rule (see above). A responsible person must be on the premises during tethering to ensure that tethering standards are met.

 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Access to Run or Exercise Area.

Beagle in the snow -- WI breeder, December 2010Each dog kept in an outdoor primary enclosure must have access, for at least 30 minutes each day, to an indoor or outdoor run or exercise area that meets all of the following requirements:

  • It must 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 large enough so that the dog can achieve a running stride.

  • It must include a shaded area large enough to shade all dogs using the run or exercise area. However, the run or exercise area need not include a shelter unless the run or exercise area also serves as a primary enclosure.

 

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Tiny blue paw print bullet point    Outdoor Primary Enclosures: Outdoor Facility Maintenance.

What did I do to deserve this? this mama dachshund seemed to be asking.Outdoor facilities must be maintained to protect the health and safety of dogs kept in those facilities:

  • Excreta must be removed from outdoor primary enclosures at least daily.

  • Pests and parasites must be controlled as necessary to maintain dog health and comfort.

  • Dogs must have clean, dry and breed-appropriate bedding, or must have a solid resting place that is appropriate for the dog’s breed, age, health and physical condition, except when alternative special arrangements are necessary for a dog’s health and safety.

 

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Act 90/ATCP 16 Information:

 pawprint bullet point   Clearing Up the Confusion About WI's New Dog Seller/ Dealer/ Shelter Law   pawprint bullet point

 pawprint bullet point   ATCP 16: Who Needs a License, Inspections, and Record-Keeping   pawprint bullet point

 pawprint bullet point   Questions and Answers for Rescues/ Shelters   pawprint bullet point   Dog Seller and Shelter Form Links   pawprint bullet point

 pawprint bullet point   Certificates of Vet. Inspection/Age of Transfer   pawprint bullet point   Certificates of Vet. Inspection FAQ   pawprint bullet point

 pawprint bullet point   ATCP 16 Standards of Care (General)   pawprint bullet point   ATCP 16 Standards of Care, Indoor Facilities   pawprint bullet point

 pawprint bullet point   ATCP 16 Standards of Care, Outdoor Facilities   pawprint bullet point   Transporting Dogs   pawprint bullet point

pawprint bullet point    Act 90/ATCP 16: Facts for Consumers   pawprint bullet point

 pawprint bullet point   ATCP 16 Plain Language Factsheet (pdf)   pawprint bullet point   ATCP 16 Full Formal Language (pdf)   pawprint bullet point

 pawprint bullet point   2009 WISCONSIN ACT 90 (pdf)   pawprint bullet point   DATCP Dog Breeders & Sellers Law web pages

 
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