Pet in a hot car? Legislation would let authorities break windows

People who leave a pet in a sweltering vehicle will risk having a window broken and getting a fine under legislation state Sen. Karen Peterson, D-Stanton, has sponsored.

The proposal would clarify state rules so that first responders can use reasonable force to remove pets from dangerous situations. The current statute doesn't specifically give authorities permission to rescue animals.

The legislation would allow Delaware's firefighters, ambulance operators and police officers to break into vehicles, remove animals in distress, and take them to a shelter if the absent owner doesn't return. It would allow a $1,000 fine for first-offense negligent owners.

"They do that for children, and they do that with a wellness check and if need be, they will break the door down," Peterson said. "I couldn't believe that the same wouldn't be true for animals."

The legislation has Republican and Democratic support in Dover.

Hetti Brown, executive director of the state's Office of Animal Welfare, said the legislation is necessary. In 2014, Delaware Animal Care and Control received more than 200 calls to assist pets confined in a vehicle under dangerous conditions.

"The inside of a car can get dangerously hot in a matter of minutes, even when the outdoor temperature is somewhat mild," she said.

Maryland, New Jersey and 14 other states have similar laws, Brown said.

"We want to make sure that first responders know what action they can take," she said.

Dover police Cpl. Mark Hoffman said he can recall at least one instance where police had to break into a car. Police found two German Shepherds in a black SUV parked outside of the Dover Acme about three or four years ago, he said.

"It was a tremendous heat wave ... they were on their side, panting, and had their tongues out," Hoffman said. "They were in bad shape. We broke in and took them out."

"We know those animals would have perished," Hoffman said.

Dover police receive calls during the summer for animals and children left in vehicles, he said. But rarely do they take the step of breaking windows.

"It is a very extreme last resort," he said. "When push comes to shove, we're going to have to do what we have to do to save a life."

Wilmington police Sgt. Andrea Janvier said they also receive calls in the summer. Most times, the person who left the pet is back by the time police arrive, she said.

The legislation allows first responders to take the animal to the nearest shelter after using "reasonable means" to contact the owner.

"The idea is that you wouldn't have a first responder waiting for three hours for the owner to come out of a bar or something," Peterson said. "This is a bill that's long overdue."

The legislation goes before the Senate Judiciary Committee when lawmakers return to Dover this month.

Contact Jon Offredo at (302) 678-4271, on Twitter @jonoffredo or at joffredo@delawareonline.com.