California residents who see a pet trapped in a heated vehicle now have cover from the law under certain circumstances if they take desperate action to free the animal.
Gov. Jerry Brown signed Assembly Bill 797 on Sept. 24, which grants legal immunity under specific conditions to anyone who damages a vehicle while rescuing a pet trapped inside a vehicle on a hot day.
The so-called “Right to Rescue” law will take effect on Jan. 1 and was cheered by animal advocates locally and across the state.
Under the new law, a citizen must first contact law enforcement to report a situation where they think the pet maybe in danger. If the animal is in imminent danger, the car is locked, and law enforcement is not arriving quickly enough to save the animal’s life, the bill provides immunity from civil and criminal liability to a person causing vehicle damage for the purpose of rescuing the animal.
According to the Humane Society, on an 85 degree day the temperature inside a car with the windows open can reach 102 degrees within 10 minutes. After 30 minutes, the temperature will reach 120 degrees and a pet may suffer irreversible organ damage or even die.
Representatives of the Friends of the Culver City Dog Park and Friends of Culver City Animals could not be reached for comment.
Bric Butler of the Libertarian Republic opposed the law, writing in an online blog, “Enacting laws that attempt to bestow them with rights destroys the definition of and qualification for rights; which is dangerous because the moment you can give rights to anything, you can just as easily take away rights for anything.”
To receive legal immunity, a person must comply with all of the following requirements:
Determine the car is locked or there is no other reasonable method to remove the animal from the vehicle, have a reasonable and good faith belief that the animal is in imminent danger if not immediately removed and use no more force than necessary to enter the vehicle.
If the rescuer does enter the vehicle, he or she must remain nearby with the animal in a safe location until law enforcement arrives. The person may not leave the scene.
AB 797 had bipartisan support and was authored by Assemblymen Marc Steinorth (D- Rancho Cucamonga) and Miguel Santiago (D- Los Angeles).
Florida and Tennessee have enacted similar laws.
