LEGISLATION - Proposed California Law Aims to Save Pets in Hot Cars

A proposed California state law called the ‘Right to Rescue Act’ (AB 797) would permit concerned citizens to save an animal believed to be in danger ‘by any means’.

(Citizen breaking window to remove dog from hot car, Ontario, 2016)

The act ‘provides legal immunity for a person who damages a car in a good faith effort to save an animal from dangerous conditions while trapped in a hot car.’

The act is a joint venture by the Los Angeles County District Attorney and the Humane Society of the United States.

Authored by Republican assembly member Marc Steinorth, he asserts there has been very little opposition to the bill but there is some concern that criminals will use it as an excuse to break windows.

“My only concern is sometimes people will jump the gun, so to speak, and just want to go in there and get the animal out without first giving themselves an opportunity to evaluate the situation or have someone in an official capacity evaluate the situation. But I like the idea that we can help them sooner than later,” he said, adding that waiting for law enforcement to arrive may be too late for the animal.

It's possible crime could lead to the inadvertent rescue of a dog trapped in a sweltering truck, as is the case in a recent instance where thieves broke into a car parked near a Chicago pub to steal a laptop – and wound up freeing a dog trapped in the sweltering vehicle where the outside temperatures had reached into the 80s (likely around 120F in the vehicle).

In order to be granted immunity, the person must be in compliance with the following:

Determine the car is locked or there is no other reasonable method to remove the animal from the vehicle; have a reasonable and good faith belief that the animal is in imminent danger if not immediately removed; contact law enforcement prior to entering the vehicle; use no more force than necessary to enter the vehicle; and, if the person does enter the vehicle, the person must remain nearby with the animal in a safe location until law enforcement arrives. The person may not leave the scene.

The bill follows closely acts enacted in Florida, Michigan, Tennessee and Wisconsin.

This year has seen other states enact such legislation.

In Ohio, former 2016 Republican presidential candidate Gov. John Kasich signed Bill 215 in March, allowing people to break animals and children in distress free from hot vehicles; the bill comes into effect at the end of August.

A similar bill was passed by the Massachusetts Senate in June.

By Lindsay Seewalt

Lindsay is an experienced journalist and mother of three whose heart and home is always open to a four-legged friend. With her Corgi, Angie, as household editor-in-chief, Lindsay gives back to the animal planet through the written word on anything and all ado about pets. She is passionate about topics regarding animal welfare and responsible pet ownership, which she aims to instill in both her readers and children to be compassionate animal lovers who are conscious and considerate that furry friends around the globe deserve a voice.

LEGISLATION - Bill Proposed to Help Dogs in Hot Cars

The B.C. NDP are hopeful that the Christy Clark government will take a bill proposed to assist animals in distress seriously.

The Distressed Animal Act 2016 was proposed by New Democrat MLA Selena Robinson in last week’s legislature ‑ with the objective to be passed before summer – and would grant bylaw enforcement the authority to seize distressed animals from hot vehicles with improper ventilation, even breaking vehicles windows when necessary to do so.

“We cannot have another summer with animals dying while left alone in hot vehicles, it is time to act,” Robinson said last week, adding that the bill has widespread municipal support.

According to Robinson, the BC SPCA received 850 reports of animals left unattended in hot vehicles in 2013 and 1,000 reports in 2014.

While police officers have the authority to assist animals in distress, Robinson said these resources may be better spent elsewhere; presently, the 26 BC SPCA animal protection officers often have to call on the police to assist with animals in hot cars.

The legislation would amend the Motor Vehicle Act, the Community Charter and Vancouver Charter to ensure safer transportation of animals in vehicles and would require that animals are provided with proper ventilation and protection from extreme weather when being transported or are left unattended in vehicles.

According to the bill, adequate ventilation means access to airflow through a space of at least 500 cm squared; and extreme temperature is defined as 27 degrees Celsius or higher in an enclosed space; temperatures above that can feel like more than twice that hot to a dog in a confined space with no airflow.

The B.C. SPCA has a section devoted to pets in hot cars on their website, outlining the dos and don’ts over leaving pets unattended in (hot) vehicles, including emergency veterinary care resources and symptoms that pets are experiencing heat stroke.

They caution pet owners to not rely on air conditioning systems in vehicles, which can malfunction when left unattended.

By Lindsay Seewalt

Lindsay is an experienced journalist and mother of three whose heart and home is always open to a four-legged friend. With her Corgi, Angie, as household editor-in-chief, Lindsay gives back to the animal planet through the written word on anything and all ado about pets. She is passionate about topics regarding animal welfare and responsible pet ownership, which she aims to instill in both her readers and children to be compassionate animal lovers who are conscious and considerate that furry friends around the globe deserve a voice.