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Putting heat on careless pet owners

Published June 27. 2019 12:31PM

With summer’s official arrival, and temperatures set to soar into the 90s, a state law whose mission is to protect animals in hot cars is sure to get its first major test.

The “hot car bill,” sponsored by state Rep. Frank A. Farry, R-Bucks, went into effect around the start of the year and gives first responders civil immunity to rescue unattended animals from dangerously hot vehicles. Two things to note about this law: It applies to cats, too, and it also covers vehicles that become too cold.

That’s the good news; the bad news is that this law does not apply to private citizens, so don’t try to throw a rock though a car window to give relief to an animal inside, because, if you do, you will open yourself to criminal prosecution and civil consequences, regardless of how well-intentioned your motives are.

Thankfully, from what I have been able to tell, these cases don’t happen too often, but even once is one too many. The only one I’ve personally encountered was two summers ago when I was walking on Iron Street in Lehighton. About a half-dozen men and women had gathered outside a parked SUV and were yelling about a puppy that was inside.

The vehicle’s windows were open about a quarter of an inch, but it was a blazing hot day with the sidewalk temperature in the 95- to 100-degree range. Several of the bystanders tried to open the door, but it was locked.

As the bystanders debated what to do next, the vehicle’s owner arrived, and several of those gathered gave him a tongue-lashing about leaving the animal locked in the car on such a hot and humid day.

The vehicle owner tried to defend his actions by saying that he had left the windows open a crack, but this did not satisfy the angry onlookers. I feared that the incident would escalate, but the driver rolled down the windows and drove off.

Even with this new law, if those bystanders had tried to break into the vehicle, they could have been charged with various offenses, including breaking and entering, trespassing and damaging private property.

The new law gives immunity to animal control and humane officers, law enforcement personnel and emergency responders. The law, however, does not grant immunity from civil liability for damage resulting from entry if the person’s actions constitute “gross negligence, recklessness or willful or wanton misconduct.”

The law also cautions those involved in the rescue to use “no more force than necessary” to enter the motor vehicle.

If you see a distressed animal locked inside a vehicle, your move is to contact police or humane society officials. Stay with the vehicle, if possible, until an authorized responder arrives. Write down the location and time of the incident and information about the vehicle to help police track down the offender if he or she leaves before help arrives.

This law requires officials to make a “reasonable” effort to find the owner of the vehicle before entering. Whoever performs the rescue is required to leave a note with contact information and where the owner can retrieve the animal.

When the outside temperature is as low as 70 degrees, a car can heat up to 89 degrees in just 10 minutes and to 104 in 30 minutes, according to Humane Society estimates. On humid days, the feel-like temperature can be even higher.

For your pet’s health and safety, you should never leave it unattended no matter what the outside temperature is, animal-rights advocates agree.

The state Humane Society warns owners that winter can cause problems for pets locked in cars, too. Winter exposure dangers are less well-known, but different breeds of cats and dogs have different reactions to cold weather. A good rule of thumb is: If it is too cold to keep a pet out-of-doors, it is too cold to keep it in an unattended vehicle.

Once the temperature drops below 40 degrees, owners should be concerned about exposure to cold. A shivering pet inside a locked car is a warning sign that the animal is in distress, the Humane Society said.

By Bruce Frassinelli | tneditor@tnonline.com

Comments
So if I have an outside cat, and that cat climbs in to a vehicle in the winter...
It amazes me how some folks care so much of saving an animal in a car, and others disregard the life of a human in the womb.
Yeah... so the cat climbs in to that car an decides to sleep there, and some animal rights zealot comes along, I could be breaking this ridiculous law? Give me a break. This law is only in place, because we have legislated common sense out of our society. Does anyone out there understand that? 40 degrees?
Another thing... "Humane" Origins of the word suggest a form and stress that perhaps suggest a stronger association with Latin humanus than with Old French humain. Human and humane were used interchangeably in the senses "pertaining to a human being" and "having qualities befitting human beings". These days, many people treat animals BETTER than they would other PEOPLE! Babies in the womb? Let's truly be a Humane Society.
One more thing... The "Royal Humane Society" (founded 1774) was originally to rescue drowning persons. Words shouldn't evolve, it causes confusion. 40 degrees? Cats have fur! Dogs have fur! I get the hot car, but 40 degrees?
I saw I (Commonsense) was mentioned in your comment, so I thought I might chime in. Yeah, this all is getting out of hand (and I do mean ALL). I believe their is now a PA law that your dog cannot be left out in 30 degree or below weather for more than 30 minutes at a time! Has the majority of our society gone nuts? We watch as these extreme, intrusive, overbearing, freedom negating, and unbelievable laws, codes, ordinances are enacted. And, I can only assume that we do this because we think they will never effect us personally, or 'we can't fight city hall' as the old saying goes, or we are just too busy with our own day to day problems, or we are just too lazy to fight the zealots of conformity. Yeah, some years ago I had about 15 or so puppies and some neighbor had called the authorities with the 'concern' that I had 'too many puppies' (and, yes, there's a law for that too)! Well, an officer of the Humane Society (who by the way are given more power than police officers in that they are allowed to enter private property without a search warrant, and are allowed to be armed after taking some ridiculously short firearms course, and they can confiscate property (by the way, pets, animals, are still consider by law property although barely and soon to have more rights than people if they don't already) showed up at my door and asked to see all dogs and or puppies on my property! Well, being the reasonable person I am, I cooperated and answered all of her questions politely, and then as we were walking around my property she asked where were the water bowls for the puppies, as they were running around us having the good times puppies will have when it's a beautiful day and there's a lot to explore. I believe my eyes widened and I probably had a dumb look on my face. I quietly in a conspiratorial low voice said to her, "You see that stream there (it was literally 15' away from where we were standing)? I think at this point I probably raised my eye brows a couple of times, saying without words, "Get it? Clean, pristine stream from a mountain spring less than a mile up the road. Thirsty puppies. 2+2=4?" She immediately said, "Oh no, state law requires that each puppy have it's own water and food bowl, and I could cite your for every one individually!" I gotta admit at this point I lost my composure and probably in a very loud voice said, "Are you f--king nuts? Do you think if I had bowls of water for them they would drink from them, or from that cold, refreshing stream there? And for that matter how would I make them drink from the bowls and not the stream?" A little off point on that last comment, but I was really taken off guard by this whole thing about being not in compliance with some stupid law that requires pet owners to have a separate bowl of water and food for each pet. I think at that point because I was seeing that she didn't really get 2+2=4, I blurted out, "Then you'd better start writing citations, and get off my property!" The next time I saw her was in the company of a real police officer, in a police car, and she was in her vehicle where she stayed as the police officer questioned me. And I must have still been 'not feeling it' because I said something, again probably in a raised voice, and I heard her say to the police officer, "You see why I wanted your escort; he's aggressive!". I said, "Aggressive?, she comes here telling me that I will be cited if every puppy does not have its own water bowl when there is a beautiful clean stream running down the middle of my front yard. This is crazy and yeah, I'm obviously upset!". At some point in my tirade, I certainly must have looked 'aggressive' because I remember the cop put his hand on the but of his automatic and told me to calm down. Luckily (well maybe you wouldn't call it that) I had been shot by a police officer in the past and it wasn't something I enjoyed so I probably lowered my voice and maybe a little more calmly explained to the officer the inanity of this woman's idea that my puppies couldn't or weren't allowed to drink from my stream. He must have been given some amount of common sense, and finally realized that yes, I was upset, but I was in no way a threat to this woman because in a few minutes, after having gotten my promise to allow here to look around, he left her here. And, I noticed that her attitude had changed a little and she eventually left. I think I may have said with sarcasm, "Yeah, I'll be sure to get every puppy its own water and food bowls and try my best to make sure they don't drink outta that damned stream!" I think even she got that, knowing I had no intentions of following that stupid law. My point is (I guess) that you can't codify, legislate, or ordinance each and every human behavior or activity and not even most. Otherwise we become a society of sheep or robots, and I don't want to be a sheep or a robot (I know there's some of you out there that do, and I'm even OK with that), my puppies don't want individual water bowls instead of a stream, and every dog I have ever owned (quite a few by the way) is perfectly content at 29 degrees. You want a law that says a hairless Chihuahua standing outside, shivering from the cold and pawing at the door and the homeowner won't let the Chihuahua in is a violation of the law. I'm all for it. But it shouldn't be codified that at this or that temp, this or that breed of dog in this or that state, let alone a sweeping category of 'dogs', should be a violation is crazy. I know I'm probably mixing metaphors or some other violation of grammar, but at some point the sheep are gonna stand up and say, "Hey, wait a minute, I'm not a sheep, F you!" I only hope I'm alive to see the day when we trash this out of control system. No one is positive who originated the saying, "You rights end where my nose begins". But I think that is a little too generous and it should be, "Your rights end at the tip of your nose." That's a big part of this problem -- people minding other people's business! Stop that and there'd be very few problems and we could enjoy this little bit of life we are given. Think about that the next time you see someone doing something you don't like, disagree with, think is wrong, immoral, dangerous, stupid, disgusting, or possibly even evil if you are of that type of persuasion. And as long as it isn't actually (and I do mean actually, not offending you or someone else other than in one of the ways mentioned above), and I know this is hard if not impossible for some, but say to yourself, "Hey, I really don't like what he/she is doing, but it's actually not effecting me or anyone else, so it's really none of my business." I think if 75% of people could do that our world would change significantly for the better, instead of where we are heading right now.
Nice funny story Commonsense. Thanks for sharing it. Rules & regulations have gotten out of hand. I once got an award and a reprimand for the very same thing when I was in the military. There were rules to support each position!
Thanks, and yeah it was an interesting first meeting with our local Humane Society officer. When you said about both being reprimanded and awarded. It brought to mind as I mentioned above when I was shot by this police officer. After he shot me (I won't get into too much detail) and I was bleeding and surrounded by about twenty police officers all yelling conflicting orders to me, another shot was fired, and I could only assume it was at me and missed. Well, come to find out later that it was another officer who fired a warning shot into the air and not at me. The funny part of all this was that the officer who fired the warning shot was fired the next day because it was against that police department's policy to fire such shots. Whereas, the police officer who shot me (from behind, with my hands up where he could see I had no weapon) received a commendation! Yeah, things really can get mixed up. And with all these codes, ordinances and laws that keep being thought up and enacted it's certainly not going to do what is intended which I'm assuming is simplify what is a correct or acceptable behavior and what isn't. I think it will make it harder to navigate through life. Also, maybe or maybe not an intended consequence of this flood of legislation or codification is it gives the powers that be all the more chances of finding anyone in violation and thus penalizing them in some form. We are giving more and more power to the state, and conversely taking it away from the individual. I think the erosion of individual rights is not a good thing, and I know it will only be tolerated to a certain point, but how far that point is I don't know. I know I'm past it or think I am, and probably a lot of people feel this way too, but like me they figure what can one person do against this giant machine of government that we created but that now seems to get more and more powerful seemingly on its own. It's not Democrats or Republicans, or who's got the majority that matters because they both feed the system and grow it. We see all these laws being enacted, but then there probably should be just as many being repelled, but that's not happening. For hundreds if not thousands of years people got along at least as good if not better than we do today with a very simple code, like the 10 commandments (not saying they were right or wrong), or Hammurabi's Code. And I'm not saying it could ever be that simple again, but it certainly doesn't have to be so complicated that no one but specialized lawyers can decipher it. And, at least in my opinion we should not want all of our actions covered and directed by laws or ordinances. And like your situation in the military, the more rules we have in society the more chance that they will conflict. Then you know what happens -- it allows the enforcers to pick and choose where and on whom these rules or which rules are applied, thus giving them even more power. It already happens with selective prosecutions, or differing punishments for equivalent crimes. Well, I've said way more than I planned to.
Let's put some heat on our elected officials to honor their Oath of Office.
Directors Andrew Yenser, Rita Spinelli, Wayne Wentz, Larry Stern, and Steve Holland all seem to fail in the simple task of honoring an oath of office.

What do you get when Director Yenser fails to do his duty as treasurer, Rubber-stamping Rita chooses to ignore common sense, wasteful Wayne Wentz a veteran that fought in foreign lands to defend the constitution yet fails to uphold it locally, Larry Stern's claims of immunity and Steve Holland's proposal to spend money on lighting up the student's bleachers yet fails to give students their rights in the classrooms?

Well, a tax increase and the Lehighton Area School District Government, of, by and for the administration. Five abdicating much of their authority to the very people they were elected to oversee in spite of their Oath of Office.


Sincerely,

Citizen David F. Bradley, Sr.

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