You may face charges for breaking into an unattended vehicle to rescue an animal.
July 28, 2024 – Nevada County Sheriff's Office officials want to let people know what to do, and NOT do, when faced with rescuing an animal from a hot car. Know the law in your area.
Many of us have encountered a dog or other animal left inside a parked vehicle, unattended on a hot day. While this is alarming (and illegal in most circumstances), Good Samaritans do NOT have the right to smash out a window or break into the vehicle to rescue the animal unless several conditions have been met. If these conditions are not met, the Good Samaritan runs the risk of criminal charges and possible litigation.
Under CA Penal Code 597.7, if a Good Samaritan believes an animal’s safety is in immediate danger from heat, cold, lack of ventilation, food, water, etc. causing extreme suffering or possible death, Good Samaritans may take action to remedy the situation, if they do ALL of the following:
- Determine the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.
- Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
- Has contacted a local law enforcement agency, the fire department, animal control, or the "911" emergency service PRIOR to forcibly entering the vehicle.
- Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.
- Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.
- Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.
ALL six steps must be taken to avoid liability. As our deputies and Animal Control division routinely encounter people who believe they can smash out car windows, penalty free, to rescue animals, we hope this information helps clear the air on when and how this law applies.
We appreciate all Good Samaritans who are keeping their eyes peeled for animals in distress and calling us immediately for support. To animal owners, PLEASE leave your animals at home and not in your car.
Stay tuned for more information on the dangers of leaving animals in the car and learning how serious this can be for an animal’s livelihood.
Animal Safety:
Have you ever wondered just how hot your car can get in just 5 minutes’ time after driving it? Should you leave your animal in the car? Or what about trails—are they safe for your animals to walk on in the heat? In the following video, members of our Animal Control team simulate several scenarios of common occurrences we see in the community. Each scenario includes real temperature readings of vehicles, pavement, wood chips, and grassy trails.
Please watch, share, and inform.
View video here.
As a final reminder, under 597.7 (a), a person shall not 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 an animal. We will take necessary steps to save the animal at the owners’ expense and the owner will be subjected to criminal charges.
Source: Nevada County Sheriff's Office
