(a) Outdoor Pens.
(1) There shall be at least 100 square feet in such pen for each dog over six months of age kept in the pen.
(2) The dog(s) must have access to clean, potable water and shelter at all times.
(3) The dog(s) shall not be penned outside during extreme weather, including, but not limited to, extreme heat defined as 85 degrees and above or near- freezing temperatures defined at 40 degrees and below, severe thunderstorms, tornadoes, or floods.
(4) The dog(s) must be provided with shade or protection from the sun or elements by either natural or man-made means.
(5) An owner must promptly remove and dispose of animal excrement and food wastes and debris so as to minimize vermin infestation, contamination, odors, and disease hazards.
(b) Exceptions. The Town or County Humane Officer may use discretion in granting a waiver to the square foot requirements in the above section if the officer determines the pen provides appropriate space for the size of the dog(s). Criteria the officer may consider when determining whether to grant a waiver can include, but are not limited to, size of the dog(s), breed of dog(s), whether the dogs are being housed for legal hunting or training purposes, and size of the property then pen is located on. For example, small pens may provide appropriate space for smaller breeds of dogs.
(Passed 10-18-10)