What's the law on locking a dog in a parked car? | Eastern North Carolina Now

    Recently, at the new Wal-Mart in Greenville this reporter observed an interesting situation. I approached a parking space I observed a lady who was in obvious distress. I inquired if I could be of assistance. She exclaimed: "there's a dog in that car!" The car she pointed to was in the space next to mine. It was a van that had pulled up just before I did. An elderly lady and a younger man, who might have been her son, got out and proceeded ahead of me as I waited to pull into the space beside them.

    The lady in distress had pulled up behind the van and was looking into the tinted glass windows. All four windows were lowered by about three inches. One could clearly see the little dog wagging his/her tail at the inspectors.

    I went into the Wal-Mart, purchased one item and returned to my car. I would estimate it took me about ten minutes. When I approached my care there were several Wal-Mart employees and two Greenville policemen near my car. They too were looking into the van, but one officer - the one driving an "Animal Control" truck - was writing a ticket which he handed to the elderly lady.

    As he concluded his task I gave my card, identifying myself as a reporter, to both the lady and the officer. He was kind enough to answer my questions, and I told the lady I would be happy to serve as a witness if she needed me to.

    The dog was fine, and enjoying all the attention.

    What the officer told me left me considerably alarmed. That, because of Luke.

    You see, Luke is my best friend. He goes with me just about everywhere I go. Luke is a 10 pound toy poodle. He was with me this day, but fortunately asleep on the seat. Nobody noticed him. I had left my car, with the air conditioner on, while I went into Wal-Mart - as I do nearly everyday Luke and I go somewhere. It was about 85 degree at the time.

    I asked the officer what the ticket was for. He said: for locking that dog in the car. I asked him if he could kindly afford me the statute citation and he simply said "Animal cruelty."

    Here's the statue he was referring to:

    § 14 360. Cruelty to animals; construction of section.

    (a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

    The officer was unaware of HB 612, which I happen to have been tracking in the current legislative session. I knew it sat in the House Rules Committee and had not made the "cross-over" deadline. That bill, had it become law, would have provided:

    "§ 14-362.4. Confinement of animals in motor vehicles.

    (a) It is unlawful for a person to willfully confine any animal in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions. If the animal does not suffer serious injury or die as a result of the confinement, violation of this section is a Class 2 misdemeanor. If the confinement does cause serious injury or death to the animal, violation of this section is a Class 1 misdemeanor."

    Commentary

    Now here's my point: What we have here is "the tale of two dogs." One dog got his owner a $50 ticket, the other slept through the entire incident.

    I asked the Animal Control Officer why he gave the lady a ticket. He said, "because it is dangerous to leave an animal in a locked car as hot as it is." So here's the gest of the remainder of my "interview:"

    Q: Are you issuing your citation on the basis of the law that prohibits "confining an animal in a motor vehicle such that it is dangerous?"

    A: Yes.

    Q: Are you aware that bill has not passed the Legislature?

    A: No, I don't know about that, but this is animal cruelty. We do this all the time.

    Q: What is the definition of "cruelty" here?

    A: The dog could die locked in that van.

    Q: The dog appears to be OK, don't you agree?

    A: Yes, he's in good shape, but he could have died if left long enough.

    Q: So how long is that?

    A: That's a judgment call I have to make.

    Q: But what are the elements of the criminal offense?

    A: I don't know about that. We just give tickets if someone locks an animal in a car and we are called to respond.

    Q: Did you take any kind of temperature measurements (see his thermometer in his hand).

    A: Yes, I did, three as a matter of fact. The first was 96 degrees. The second was 94 degrees, and the third was 92.

    Q: What temperature do you determine is "dangerous?"

    A: That's a judgment call.

    Q: What if the air conditioner is running?

    A: That doesn't matter. When a car is sitting still like this even if the engine is running with the AC on it just blows stale air.

    Q: So do you consider the condition of the dog? Was this dog in distress?

    A: Yes we consider that, but he appeared to be OK and no he was not in distress, but he could have been in a little while.

    Q: But the owner returned before any harm was done. Is that a violation of the law?

    A: Yes, it's a judgment call on my part, but if we get called to investigate a dog locked in a hot car we give a citation.

    The lady, so far, has not called me. Her last question to the officer was: "Where do I go to pay this ticket?"

    Luke and I left. Luke was still asleep.

    But I'm not sure I'll go shopping in Greenville again if he's with me. And he goes everywhere I go.

    HB 612 died in committee.

    Delma Blinson writes the "Teacher's Desk" column for our friend in the local publishing business: The Beaufort Observer. His concentration is in the area of his expertise - the education of our youth. He is a former teacher, principal, superintendent and university professor.
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( August 4th, 2013 @ 2:14 am )
 
These cops were being ridiculous, just like ignorant people that claim they love animals, but don't give a crap about responsible pet owners.

You can be a responsible pet owner and still be an individual that will leave their animal in a car. If it only for a little while and they have air flow they'll be fine.

I'm really getting tired of the direction this country is going. The trend of infringing on individual rights and freedom in the name of protecting animals, majorities, etc. has got to stop.



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