Why are we still leaving pets in cars? And why is it illegal to break them out?
Believe it or not, despite widespread weekly news stories about dogs suffering in parked cars, people still insist of leaving pets in their cars in the summer heat. I know, I don't get it either.
The latest video, streamed live on Facebook (July 11, 2016) by Scott Poore, shows police breaking into a car in the parking lot of a Home Depot in Merriam, Kansas. “When the lady came out," said Poore, "she was absolutely blown away that anybody had an issue with this." This video has been viewed 1.6 million times so it's not like the word about dogs in cars isn't getting out there.
In fact, the word on pets in cars has created a kind of hysteria. People boast of carrying baseball bats to smash the window of any car with a dog inside. Screaming matches between bystanders and pet owners have been filmed and posted on Facebook. It's like we're hoping to see a suffering poodle so we can rescue it and berate its human.
It really doesn't make sense. If videos like Poore's are being seen millions of times, why do people still do it? My own view is that people are stupid but that's not helpful to the dialogue. Moving on . . .
Is it legal to break a window to save a suffering pet?
What do you do when you see an animal trapped in a stiflingly hot car? Personally, I would find a brick because it's illegal to leave a pet in a hot car, right? You would think so but only 16 states have laws specifically prohibiting it.
Of all fifty US states, only Arizona, California, Illinois, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Rhode Island, South Dakota, Vermont and West Virginia have statutes in place that protect pets left in cars.
Consider this. In the 16 states named above it is illegal for a concerned citizen to take matters into their own hands. In New Jersey and West Virginia, although it is illegal to leave a dog trapped in a hot car, no one has the authority to break into the vehicle to save the pet from dying, not even a police officer. This is likely in reference to the Fourth Amendment regarding illegal search and seizure.
Although the other 34 states don't have specific laws to protect pets in hot cars, they do have laws to protect animals from abuse, neglect and cruelty. As well, many county and municipal laws address the issue so check with your own city or county to be sure of the laws in your area.
Here is the complete list of state laws regarding pets in cars.
In Canada, sections 18 and 19 of the federal Animal Welfare Act 2006 state that “only a local authority inspector or a constable have a power to enter a ‘premises’ for the purpose of assisting an animal that is, or is likely to be, suffering.”
The act says that “any member of the public who breaks into a vehicle to assist a suffering dog would not be protected by the powers under the AWA 2006, and would no doubt be subject of an investigation for an offence of criminal damage.” So, unlike in the US, it isn't illegal to break into a car to save an animal, but you must be prepared to justify the damage.
What is a concerned animal lover who spots a pet inside a hot car supposed to do?
None of the 50 states grants legal permission to concerned citizens to break and enter a vehicle to save an animal in distress. If you see a dog in a parked car, no matter which state you are in:
make sure there is actually a living dog in the car. There are many instances of police or animal services arriving at cars only to find empty travel crates, stuffed animals or bunched-up clothing on the back seat;
make every reasonable effort to locate the owner;
call police and animal control to report the incident. Provide the licence plate number, the vehicle's colour, make and model, and the exact location;
remain until help arrives;
if the dog is in imminent danger and help has not yet arrived, you’ll have to use your own judgement and consider the possible legal ramifications of breaking and entering to save the pet.
Consider this. Dogs can be traumatized by your potential rescue. This Globe and Mail article looks at the situation from a dog's point of view.
Why people still leave pets in hot cars is a mystery but millions of concerned citizens are standing by, ready with bricks and tire irons to break them out. Whether that can be done legally is dependent on where you live and, I suspect, makes little difference to most of us.
Thanks to the Dogington Post, Yahoo and the Globe and Mail for the info.
