I am told that a ‘heat dome’ has decided to site on top of the United States of America which potentially jeopardises life and limb for people and pets. Heat domes can cause extreme, freakish temperatures. Of particular concern are pets left in the back of cars with windows closed and no means to keep cool. Cars are like greenhouses in hot weather and heatstroke can kill a cat or dog very quickly.
Wisely 31 US states allow passersby to smash cat windows under these circumstances because it is the use of ‘reasonable force’. What about the other 19 states? Why haven’t they got the same laws? No matter, as I am pretty sure that the authorities would not prosecute a person saving a companion animal as described as it would be morally the right thing to do. No argument.
The only difficulty – and this is a real one – is the rescuer correctly deciding that the cat or dog is in imminent danger of suffering injury or death. How do they do that? Please read the sections below on this.
If the animal is near death smashing a car window and pulling them out is entirely acceptable even if the law does not specifically allow it but if the dog is fine, the rescuer has on the face of it committed criminal damage to someone’s property. And they might be exposed to an accusation that they were trying to steal a dog if the car owner is a nasty individual.
For these reasons the other states should follow the 31 who have this law. It is surprising that they do not as there is no good reason for not having it.
“While the 31 state laws tend to be very similar, they have specific requirements. Florida, for example, provides that “A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle” if the car is locked, the person has “a good faith and reasonable belief” that breaking in is necessary because the dog is in imminent danger, the person contacts law enforcement immediately before or after doing so, and then remains onsite until law enforcement or medical help arrives. In other states, the law only authorizes animal control officers and law enforcement to break in.”
Nathan Winograd
Click this link to see a table of state laws that protect animals left in parked vehicles
Here is a list of the 31 U.S. states that have laws allowing people to use reasonable force to rescue a pet from a hot vehicle as of August 2023:
- Alabama
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
Please note that laws and regulations can change over time, so this information may not reflect the current status in all states. It is always best to check the specific laws in your location.
Key points
Here is some information about American laws regarding rescuing pets from hot cars:
In many U.S. states, there are laws that allow citizens to break into a vehicle to rescue a pet that appears to be in imminent danger from heat exposure. These “hot car” laws generally have the following requirements:
- The pet must be visibly distressed, in obvious physical distress, or in immediate danger of suffering harm from the heat.
- The person must first attempt to locate the vehicle’s owner and contact emergency services (e.g. police, fire department) before breaking in.
- The person must use the minimum amount of force necessary to enter the vehicle and remove the pet.
- The person may be required to remain with the pet until authorities arrive.
Some key points about these laws:
- They provide legal immunity to the rescuer as long as they follow the proper procedures. This protects them from being liable for any property damage caused by the rescue.
- The laws vary by state, with some being more permissive than others regarding when a rescue is justified.
- Not all states have such laws, so the legal protections may not apply everywhere in the U.S.
- Even in states without explicit hot car rescue laws, there may be legal justifications under other statutes, such as animal cruelty laws.
I hope this overview of the American laws around rescuing pets from hot cars is helpful! Let me know if you have any other questions.
States where there are no such laws
In states without explicit hot car rescue laws:
- Rescuers may not have the same legal protections, so breaking into a vehicle could potentially lead to more serious charges, such as:
- Felony criminal trespassing or property damage
- Liability for the full cost of vehicle repairs
- Higher fines, potentially up to $5,000 or more
The severity of the penalties tends to depend on factors like:
- The extent of property damage caused
- Whether the vehicle was locked or unlocked
- Whether the rescuer followed appropriate steps to contact the owner/authorities
- Whether the pet was truly in immediate, life-threatening danger
It’s important for concerned citizens to be aware of the specific hot car rescue laws (or lack thereof) in their state, so they can take the proper precautions if faced with a situation where a pet appears to be in distress. Consulting local authorities is advisable to understand the legal risks.
Preparation
Here are some key steps concerned citizens can take to prepare themselves to legally and safely rescue pets from hot cars:
- Familiarize yourself with the hot car rescue laws in your state. Know the specific requirements and procedures you must follow to be protected from liability.
- Download your state’s emergency/law enforcement non-emergency number in your phone. This will allow you to quickly call for assistance if you encounter a pet in distress.
- Keep an emergency window break tool in your vehicle. This can be a small, specialized tool designed for this purpose. It will allow you to break into the car safely if needed.
- Learn how to assess if a pet is in true, imminent danger. Signs include heavy panting, lethargy, and signs of distress. A pet that appears calm may still be at risk.
- If you see a pet in a hot car, first try to locate the owner. Look around the parking lot and ask nearby businesses if they can page the owner.
- Call the non-emergency police number and explain the situation. Request they send an officer to assess the pet’s condition.
- Only break into the car as an absolute last resort if the pet appears to be in grave, immediate danger and you cannot reach the owner or police quickly enough. Use the minimum force necessary.
- Stay with the pet until help arrives, providing water if possible. Get the pet to a vet immediately for evaluation.
- Document everything, including photos/video, in case you need to justify your actions later.
Being prepared ahead of time can empower concerned citizens to act decisively but safely when a pet’s life is at risk. Knowing the law is crucial to avoiding potential legal consequences.
How can concerned citizens effectively coordinate with local authorities to ensure a safe and lawful pet rescue?
Here are some effective ways concerned citizens can coordinate with local authorities to ensure a safe and lawful pet rescue from a hot car:
- Know your local police department’s non-emergency number and be prepared to provide detailed information when you call. Explain the exact location, description of the vehicle, and the pet’s condition.
- Request that the police department dispatch an officer to the scene immediately. Emphasize that the pet’s life may be in danger from the heat.
- If possible, stay on the line with the dispatcher and provide updates on the pet’s status and the owner’s whereabouts. This will help the responding officer be fully informed.
- Once the officer arrives, work cooperatively with them to assess the situation. Provide any details you have observed about the pet’s distress.
- If the officer determines the pet is in immediate danger, work together to decide the best course of action, whether that’s breaking into the car or another approach.
- Offer to provide your contact information in case the officer needs any follow-up details from you. Be prepared to give a statement if needed.
- If the officer is unwilling to take action and you still believe the pet is at grave risk, politely insist that they contact a supervisor or animal control for a second opinion.
- If you do end up having to forcibly enter the vehicle, stay with the pet until animal control or the fire department arrives to safely remove the animal.
The key is open communication and collaboration with the authorities. By working together, you can ensure a safe, lawful, and effective rescue if a pet’s life is truly endangered. Staying calm and following their lead is crucial.
