Removed #5 Posted August 3, 2011 Report Share Posted August 3, 2011 State Laws that Protect Animals Left in Parked Vehicles Rebecca F. Wisch Animal Legal & Historical Center Publish Date: 2008 (updated 2010) Place of Publication: Michigan State University College of Law Printable Version State Laws that Protect Animals Left in Parked Vehicles Is it illegal to leave your dog in a parked car? The answer to this question, of course, depends on in the state in which you live. Actually, only 14 states (AZ, CA, IL, ME, MD, MN, NV, NH, NJ, NY, ND, SD, VT, and WV) have statutes that specifically prohibit leaving an animal in confined vehicle. The next factor important to the question is the condition under which the the animal is left in the vehicle. Most of these laws provide that the animal must be confined or unattended in a parked or stationary vehicle. Further, the laws add that in order for a person to violate the law, the conditions have to endanger the animal's life. Some of the statutes specifically state that extreme hot or cold temperatures, lack of adequate ventilation, or failing to provide proper food or drink meet this definition. Other laws are more vague and just require that the conditions are such that physical injury or death is likely to result. While not all states have laws that address animals in parked vehicles, numerous local ordinances prohibit this, and more may be enacted. It is critical then that owners are aware of their local laws concerning this subject. Even with out a state or local law, this action could still constitute cruelty under some circumstances. In fact, in the Texas case of Lopez v. State, the defendant left his dog in his car on a hot day to go and watch a movie in a theater. He was ultimately convicted under the state's anti-cruelty law. Notably, Texas does not have a statute that specifically addresses dogs left in parked vehicles. Below is a table that describes these laws by outlining the major concerns within the laws. Table of States with Laws Prohibiting Inhumane Confinement of Animals in Parked Motor Vehicle State Citation and Link Animals Covered Circumstances Prohibited Penalty Rescue Provisions AZ AZ ST § 13-2910 An animal ("animal" means a mammal, bird, reptile or amphibian) Unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result. Class 1 misdemeanor A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal. CA CA PENAL § 597.7 An animal Leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. First conviction: fine not exceeding $100 per animal. If the animal suffers great bodily injury, a fine not exceeding $500, imprisonment in a county jail not exceeding 6 months, or by both. Any subsequent violation of this section, regardless of injury to the animal, punishable by a fine not exceeding $500, imprisonment in a county jail not exceeding six months, or by both. Peace officer, humane officer, or animal control officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle. Must leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. IL 510 ILCS 70/7.1 Any animal Confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. A person convicted of violating this Section is guilty of a Class C misdemeanor. A second or subsequent violation is a Class B misdemeanor. An animal control officer, law enforcement officer, or Department investigator has authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible. ME 7 MRSA § 4019 An animal Animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death. Only removal provision – no penalty provision in law. A law enforcement officer, humane agent or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger. Must leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. MD MD TRANS § 21-1004.1 Cat or dog Standing or parked motor vehicle in a manner that endangers the health or safety of the cat or dog. May use reasonable force to remove from a motor vehicle a cat or dog left in the vehicle in violation of the provisions if person is: ·A law enforcement officer ·A local or state public safety employee ·An local or state animal control officer ·An officer of a prevention of cruelty to animals authorized to make arrests ·A volunteer or professional of a fire and rescue service A person under section may not use force of any kind to remove from a motor vehicle. MN MN ST 346.57 Dog or cat Unattended in a standing or parked motor vehicle in a manner that endangers the dog's or cat's health or safety. Petty misdemeanor. A person who violates this subdivision is subject to a fine of $25. A peace officer, a humane agent, a dog warden, or a volunteer or professional member of a fire or rescue department may use reasonable force to enter a motor vehicle and remove a dog or cat which has been left in the vehicle in violation. A person removing a dog or a cat under this subdivision shall use reasonable means to contact the owner. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter. NV NV ST 574.195 Cat or dog Unattended in a parked or standing motor vehicle during a period of extreme heat or cold or in any other manner that endangers the health or safety of the cat or dog. Following person may use any force that is reasonable and necessary under the circumstances to remove from a motor vehicle a cat or dog: ·Peace officer ·Officer of a society for the prevention of cruelty to animals who is authorized to make arrests ·Animal control officer ·Governmental officer or employee whose primary duty is to ensure public safety ·Employee or volunteer of any organized fire department ·Member of a search and rescue organization under the direct supervision of a sheriff NH NH ST 644:8-aa "Animal" means a domestic animal, household pet, or wild animal held in captivity It shall be cruelty to confine an animal in a motor vehicle or other enclosed space in which the temperature is either so high or so low as to cause serious harm to the animal. Misdemeanor as set forth in RSA 644:8 (misdemeanor for a first offense, and of a class B felony for a second or subsequent offense). Any law enforcement officer or agent of a licensed humane organization may take action necessary to rescue a confined animal endangered by extreme temperatures, and to remove the threat of further serious harm. NJ NJ ST 4:22 - 26 A living animal or creature Unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature. Constitutes cruelty with penalty of a sum of not less than $250 nor more than $1,000. NY NY Agri. & Mkts. § 353-d Companion animal Confined in motor vehicle in extreme heat or cold without proper ventilation or other protection where confinement places companion animal in imminent danger of death or serious injury due to exposure. Any person who knowingly violates this section is guilty of a violation: 1st offense - fine of not less than $50 not more than $100 2nd offense – fine of not less than $100 not more than $250 Police, peace officer, or peace officer acting as agent of humane society may take necessary steps to remove animal from vehicle. Will not be civilly or criminally liable if actions taken in reasonably good faith. ND ND ST 36-21.1-03.1 Dog or cat Unattended in a stationary or parked motor vehicle in a manner that endangers the animal's health or safety. Guilty of an infraction None SD SD ST 40-1-36 Dog, cat, or other small animal Unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. None provided Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane society. VT 13 V.S.A. § 386 An animal Unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal. Failure to comply with subsection (a) of this section is a violation of subdivision 352(3) of this title (guilty of cruelty with a sentence of imprisonment of not more than one year, or a fine of not more than $2,000.00, or both). Any humane officer or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. WV WV ST § 61-8-19 An animal Unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result. Guilty of a misdemeanor; upon conviction shall be fined not less than $300 nor more than $2000 or confined in jail not more than 6 months, or both. Quote Link to comment Share on other sites More sharing options...
Andy Posted August 3, 2011 Report Share Posted August 3, 2011 WOW, such a variety of punishments avaialble. from a hundred dollar fine to a year in prison. :eek: Quote Link to comment Share on other sites More sharing options...
valhalla Posted August 3, 2011 Report Share Posted August 3, 2011 Thats unless you are the British Police who left two dogs in a car and they both died due to heat Quote Link to comment Share on other sites More sharing options...
Removed #5 Posted August 3, 2011 Author Report Share Posted August 3, 2011 What disgusts me is that it's only 14 out of the 50 states ... Quote Link to comment Share on other sites More sharing options...
Mazz Posted August 3, 2011 Report Share Posted August 3, 2011 With nearly every state in a budget crisis, and this one of the hottest summers in 30 years, you'd think more states would at least be enacting legislation in this area. Quote Link to comment Share on other sites More sharing options...
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