Governor signs hot-car bill; Legislation makes it a crime to leave pets unattended on summer days
By: DAVE DOWNEY - Staff Writer | ∞
People who leave dogs or cats inside cars on hot summer day will face fines and jail sentences, and law enforcement officers will be authorized to break into their cars to let the pets out, under legislation signed into law over the weekend by Gov. Arnold Schwarzenegger.
Authored by Sen. Liz Figueroa, D-Fremont, the legislation, which takes effect Jan. 1, makes it a misdemeanor crime for someone to carelessly leave a pet unattended in a locked vehicle. The law is Senate Bill 1806.
A conviction will carry a fine of up to $100 if the pet is unharmed, and up to $500 and a jail term of up to six months if there is injury or death.
In all subsequent violations, regardless of whether there is injury, the penalty could be a $500 fine and six-month jail sentence.
California already has laws on the books that make clear it is a crime to leave a child unattended in a hot car. Escondido Police Sgt. Doug Sams said those laws allow prosecutors to charge a violator with felony and seek a prison term of two, four or six years, or a one-year county jail sentence.
In signing the pets bill on Friday, Schwarzenegger said every year dogs die needlessly because pet owners don't realize how fast their cars become heat boxes.
"People go on errands, they run into a friend and they either forget about their dogs, or they think rolling down the window a bit will keep them cool," Figueroa said, in a statement. "On a hot day, that's not enough."
Area animal advocates praised the new law, but The Animal Council, a Millbrae-based nonprofit that monitors state and federal legislation and advocates on behalf of animal owners, disagreed.
"It's an invitation to harass animal owners," said Sharon Coleman, president of The Animal Council and an attorney. "You've got a person dragged into the criminal process. They get into serious trouble. And maybe there has been no harm at all."
Coleman said in a telephone interview that pet owners who are convicted of such misdemeanors could suffer serious consequences, such as being stripped of a professional license or being fired from a job that entails working with animals.
"This is criminalizing negligence," she said.
Jane Cartmill, an Encinitas resident and past director of San Diego Animal Advocates, a nonprofit animal rights organization, said she believes it should be a criminal offense to accidentally leave behind a pet in a car.
"Even with the windows cracked and parked in the shade, a car can heat up very fast," Cartmill said.
Figueroa said that, with windows cracked, even a relatively mild outside air temperature of 85 degrees can trigger a temperature of 120 inside a car within a half hour.
Kris Anderson, board president for Animal Friends of the Valleys, which operates an animal shelter in Lake Elsinore where it can get a lot hotter than 85, said that, if anything careless pet owners should be fined more.
"It's like putting an animal in an oven," Anderson said.
Although state law already deals with children left in hot cars, Cartmill said it is about time California address the problem of pets being left in cars unattended.
Besides holding people responsible for their carelessness, Cartmill said, the possibility of serious consequences will make people think twice about leaving a dog or cat behind.
And it will make them more aware of the danger, said Florence Lambert, a local member of the Humane Society of the United States in La Jolla.
"They think, 'I'm only going to be gone for a short time. The air conditioning has been on. The car is cool. The car won't warm up that fast,'" Lambert said.
But the reality is, it will, she said.
Animal rights advocates also support the part of the law giving police and animal control officers the green light to break into a car if they can't find the owner.
"It's unfortunate," Cartmill said. "But are you willing to let an animal die for a piece of glass? I'm not."
Coleman, however, said the threat of a fine or jail term won't make anyone more aware than they are now of the dangers. And she maintained that an officer already can enter a vehicle under existing laws if an animal is in distress.
"I don't think we needed this," Coleman said.
-- Contact staff writer Dave Downey at (760) 740-5442 or ddowney@nctimes.com.
Jon B. wrote on Sep 26, 2006 12:38 AM:Plenty of room for abuse on this one. I have a dog and I can not take him into most buildings. I have to drop stuff off on a regular basis, and leave him in the car. I have had people give me a hard time for leaving him for less than a few minutes. It bothers me that it can result in a fine. If it is that big of a deal then there should be a state law allowing dogs in public buildings. There are already animal abuse statutes that would cover this situation. A law allowing officers to break in when there is imminent danger is fine, however I am tired of the goverment taking too much control of citizens lives.
It's too bad: wrote on Sep 26, 2006 4:20 AM:We need a law for everything. Some people shouldn't have animals because they have no sense.
To Sharon Coleman wrote on Sep 26, 2006 6:33 AM:Spoken like a true attorney
Leapolde wrote on Sep 26, 2006 7:29 AM: How many times have I heard that animals do not have rights. Of course they do. Their rights come from us. Long ago man took them out of their natural habitat, made draft animals and pets of them. And in the doing we deprived them of maintaining their ability to feed and care for themselves; therefore we took on the responsibility of feeding and caring for them. And that includes providing humane treatment. Yes animals have rights - we give them their rights when we start calling them ours. Keeping them in the house is just a matter of bad taste and uncouthness. They have rights - misstreat one and you can go to jail.
Glad to hear it wrote on Sep 26, 2006 8:03 AM:I'm glad they are passing this law. There are too many people who are stupid when it comes to their animals. Why in the heck do they think Fido would be more happy locked in a hot car while the owner is inside an air-conditioned building for an hour or more. Fido would be happier in the backyard with a nice fresh bowl of cold water and a rawhide bone.
Doggie Mamma wrote on Sep 26, 2006 8:47 AM:Okay, I'm confused as to whether it is now illegal to leave a dog unattended AT ALL in a locked car or whether only on a "hot" day it will be against the new law. What temperature is considered hot? Is it illegal only during the summer months, from the first official day of summer to the first official day of autumn? If I run into the post office to retrieve mail from my box, say in December, am I violating the law?
Dear Reporter wrote on Sep 26, 2006 9:00 AM:Hey, NC Times, how about stating exactly what the new law says? If the windows are down, and it's 85, and the car is unlocked, is that still illegal? It would be nice if your reporter clarified this. What are the "facts" here? Thanks. The story is well meaning, but vague on specifics.
CC wrote on Sep 26, 2006 11:29 AM:Last Sunday afternoon I heard a dog barking in a car that was out in a parking lot with the windows cracked open a few inches. It was 1:30 pm and my own car was so hot that I had to have the air conditioning on continuously. 20+ minutes later, the poor dog was still in that same unattended car. I called this in to the Humane Society and they came out and talked to the owner of the car. But, nothing was done for the dog because they said it wasn't too hot for the dog to be in that car. I would like the punishment to be for the owner to be locked in same car for same length of time in same heat. See if he likes getting cooked.
To CC wrote on Sep 26, 2006 11:48 AM:I could support that!
Think Of This wrote on Sep 26, 2006 1:52 PM:Would you leave your child in the car while you run into the post office to retrieve your mail in December? Would you do it in any other month? If you wouldn't do it to your child you shouldn't do it to your pet. If you would do it to your child, then there's another problem altogether.
Chuckadiah wrote on Sep 26, 2006 8:26 PM:I don't believe I've seen so many pin headed comments in one place for a long, long time. When I leave my Pit Bull "Malo" in my truck the radio is tuned the his favorite station, the AC is on, the temp set at 72.5 degrees and it's not locked. Got a problem with that, all you snivelers? The problem is the bill's author! A women, a democrat and a Northern California limousine liberal. One more intrusive, nanny state, toadie poking her nose in where its not needed or wanted. Leave me and Malo alone. We've been taking care of each other for more then a few years now. If something comes along that we can't handle we'll give you a shout or a bark. Got it?
Maggie wrote on Sep 27, 2006 9:01 AM:If people are so concerned about their pets, why don't they just leave them home while they run their errands and know that they would be okay. If you leave your pet in a hot oven for 10 minutes, you deserve a fine. I see so many people at the post office or running in to grab a cup of coffee and leave their dogs in the oven. Makes the fines extremely high, maybe the owner will leave the pet at home next time.
Hilda ... from Oceanside wrote on Sep 27, 2006 11:09 AM:Liz Figueroa, the author of Senate Bill #1806 deserves congratulations for writing this bill. Sadly, after reading a certain comment above, it's again obvious why we need a law like this. Why don't opponents of the bill put on a fur coat and sit in the car with the window cracked? If Malo's owner really leaves the A.C. on, keys in the ignition and door unlocked, maybe he should be glad somebody wrote a law for him so when his car gets stolen the police can intervene.
Chuckadiah wrote on Sep 27, 2006 4:04 PM:Hey Hilda, looks like you just validated my entire argument. Let me ask you, in all honesty, (NOT A TRICK QUESTION) – Would you even approach my truck, with the intent to steal it, with my forty-two pound bit bull sitting in HIS seat, engine running, AC on, listening to his favorite C&W station (He just loves Willie Nelson)? If your answer is yes, then you're shorter on grey matter between your ears then the author of this moronic piece of legislation. I'm 6'4" and weigh in at 240 and I promise you that after Malo finished with anyone stupid enough to mess with my ride I would drop kick them all the way up to Valley Center. Don't get me wrong, I'm usually warm, friendly and helpful to most. I'm even tolerant with fools, up to a point, but please don't ever mess with my truck or my dog. I told Malo what you said. He wants me to just let it go and forgive you, so I will. Have a great day.
Laughing wrote on Sep 27, 2006 5:05 PM:You guys are really funny! I'd kinda like to meet Malo, he seems to have a good nature, forgiving and all. Really people, do we need laws for everything? Seems to me to be a silly law, and I am kinda wondering if they have such a law protecting small children in the vans at Wall Mart.
To Laughing wrote on Sep 27, 2006 6:33 PM:As a matter of fact they do ... It's called child endangerment. It even has a variety of levels to cover to possible variations in the severity of injury due to such stupid actions. While it is truly unfortunate that we have to legislate what should be common sense, anyone selfish or stupid enough to leave any living creature that is in their care alone in a vehicle (hot day or any other) deserves at least the smallest level of civil punishment.
Laughing wrote on Sep 28, 2006 6:11 PM:I am well aware of child endangerment laws, we also have cruelty to animal laws, the point is, it's a stupid law. If in fact leaving an animal in a car is cruel (and it isn't always) then use the laws on the books, never mind all these silly laws, don't we have bigger problems to address?
Jessie wrote on Sep 29, 2006 2:46 AM:This law and the one the Governor signed today about not being able to leave your dog on a chain for more than 3 hours put me in a difficult situation. My dog cannot stay in the house due to family allergies. If I leave him unchained in the backyard, he jumps the six foot fence and could be run over. If I take him with me and have to run into any businesses even for a few minutes, I can't leave him in the car. Up to this time, I took him with me whenever I would not have to leave him in the car more than a few minutes and chained him in the backyard with plenty of room to roam when I could not take him with me. The only option I have left is to get a dog run and leave him there whenever I can't be home. He is being punished by these new laws.
Dear Chuckadiah: wrote on Sep 29, 2006 5:54 AM:I'm wondering if you remember the cop whose K-9 partner died after the airconditioning konked out in the patrol car. Yeah, it's a rare occurance, but it does happen, and usually at the worst possible time (e.g: hot days). I wouldn't wish that fate even on a pit bull, or especially a pit bull owner, but clearly you are among the motoring masses who never stops to think "what if." Nothing bad will ever happen in traffic, or anywhere else. Must be nice to live in such a perfect world.
To Jesse wrote on Sep 29, 2006 7:40 AM:Your dog is not being punished by these laws, he is being punished by the fact that you have an animal that your lifestyle does not allow you to properly take care of. If your family is allergic to your dog and you are never home to take care of it properly, as hard as it is, take the dog to the pound and get a cat.
Dave wrote on Sep 30, 2006 6:52 PM:I belong to a dog club that has formal training each Sunday. The dogs stay in their crates between training sessions; the crates are in back of our pickup trucks (with camper shells) or minivans. Is that cruelty? Many people at the club chose the truck or minivan they drive based on whether they could get their dogs and dog gear into it. The argument that these "'careless' owners leave their dogs in hot cars" is ridiculous. I just did the math on what I have spent on obtaining and training one purebred male German Shepherd Dog. Cost of the dog - $1800. Private 15 minute obedience lesson per week - $20. Times the 104 weeks of his life - $2080. Private 15 minute task-specific lesson per week - $ 20. Again, times the 104 weeks of his life - $2080. Since my time has been shown to be worth $20 per 15 minutes, and I easily spend the other 45 minutes in an hour training on my own during the week, we could add another $6240 ($60 X 104 weeks), as I could use that 45 minutes to do something that results in income rather than an expense (economics classes call this "opportunity cost"). We're up to $10,120 already, and the dog hasn't taken a bite of food ($30 per month X 24 months = $720 to date) or been to the vet. That's $10,840 spent for this dog and his food and training. I'll round off to $11,000 by saying a well check at the vet cost him $160. Now, take that $11,000 and multiply it by 1.5 ($5500 per year times three) and you get $16,500, the cost of my OTHER, 3 year old female GSD. $11,000 + $16,500 = $27,500 that I've spent on these two dogs. The joy they bring me, the antidote to depression, the love they give me, the knowledge that I can leave them home with my 16 year old daughter while I run to the grocery store and nobody is getting past them, having one of them walk up onto the couch beside me and fall asleep with his or her head on my leg - PRICELESS. The idea that I neglect these dogs by making them stay in a crate in my car sometimes is so stupid that I can't believe I've spent this much time addressing it. But now I have to worry about some busybody taking my family members away. Oh, I get it; we'll only go after the BAD pet owners. Maybe this is why politicians aren't respected anymore.
Dragon wrote on Oct 1, 2006 7:52 PM:There already is a law which lets the police or animal control release a dog from a hot car. Why do we need another one? I have a dog that loves to go with me in the car. When I get out of the car, she sits in my seat like she is driving, but when she sees me coming, she jumps back down behind my seat so I can pet her when it's safe. I only take her in the late fall and winter even when I am going to take her out of the car, and I don't think most people are going to delibertly endangered their pets.
ANIMAL KOPPER wrote on Oct 2, 2006 9:30 AM:Hey Chuckadiah...if I ever got a call about your dog locked in your truck on a hot day...I would break your window to save your precious pit bull. If the dog then gave me any lip, I'd Taze him. Then I would fine you or have you arrested for animal cruelty, depending on the circumastances. If you gave me any lip, I'd taze you and have you arrested. You would not be able to do a thing about it. I can do that because I am the Animal Kop...defender of man's best friend. Think about that one for a bit.
Dave wrote on Oct 2, 2006 8:33 PM:Animal Kop, thanks for the fine display of why people hate us. Yeah, I work in law enforcement, too. Cops like you are working overtime to make some civil rights attorney's Lamborghini Diablo daydream a reality. Find a different line of work, because I'm tired of cleaning up the messes cops like you make. Hopefully Chuckadiah's pitbull will give you more than just lip.
Wacky Jacky wrote on Feb 11, 2007 5:49 PM:I'm visiting from Texas in January with my spoiled rotten pup who's sitting in her doggie seat on her custom blanket in my Mercedes passenger seat and someone tells me I can't run into the store because I'm endangering my pet? WHAT? I would never leave her in a hot car. I'm very protective of her and her comfort. Is there no personal responsibility left in the world?
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