A dog spent over an hour panting in a scorching hot car on Stoney Creek Mountain in Hamilton on Sunday evening, a woman says, but she couldn't get police to come help despite repeated efforts.

Hamilton police say a high volume of higher-priority calls kept officers from the scene, but Stephanie Baran says that's just not good enough during a heat warning.

Without police there, city animal control says its hands were tied, too. So in the meantime, all Baran could do was sit there, watch and debate: Does she wait for police, or bust out a car window to save the dog, risking a mischief charge?

"I think it's completely unacceptable that the police didn't make it a priority to come and check on the state of the dog, especially when there was nothing I could legally have done to save the dog if he took a turn for the worse," Baran told CBC News. The owner came out after an hour of shopping and the dog seemed OK, said Baran.

Dog suffering during heat alert

There is no statute in Ontario that lets a concerned citizen break a car window with impunity, Const. Michael Hall, a police spokesman, told CBC News. "If a concerned citizen even with the best of intentions smashed out a window, there is still a chance they could be charged with mischief.

"Certainly officers could break open a window if they thought it was necessary, but that's very specific to each case."

Hamilton police have done this in the past.

Baran first noticed what she thought was a miniature pinscher sitting in a car with the windows open a crack in the Dollar Tree parking lot on Rymal Road and Upper Centennial around 4:55 p.m. ET.

Hamilton was still under a Stage 2 heat warning over the weekend. According to Environment Canada, it was 27 C at the time, with a humidex of 38.

The heat inside a car at temperatures like that can reach 38 C within 10 minutes, the Humane Society of the United States says. After 30 minutes, the temperature will reach close to 50 C.

"Your pet may suffer irreversible organ damage or die," the society's website reads.

After waiting for the owner for about 15 minutes, Baran called animal control, which then transferred her to police. Animal control said there was nothing they could do without an officer at the scene.

"We unfortunately do not have jurisdiction to act without police presence," city spokeswoman Ann Lamanes said.

Baran called police again at 5:15 p.m. ET.

"I was told they couldn't find a free officer but that someone would be on their way when they could."

No police available to respond

She waited 45 minutes, but no police officer showed up. Hall confirmed that police received a call about the incident.

"Unfortunately due to the volume of calls, we just couldn't get to it," Hall said.

Police are bound by logistics and priority sequence in these sorts of situations, he said, and calls involving humans take priority.

The owner did eventually show up just before 6 p.m., about an hour after Baran had arrived.

"I had some choice words for her and told her I had called the police, which may have scared her because she basically jumped in the car and sped away," she said.

The car's owner has not responded to requests for comment.

Should a citizen break car window to save a pet?

Baran, who volunteers with the SPCA and local dog rescues, says she felt she could judge whether the dog needed immediate help, and knows she would have acted if it did.

"Morally, if I thought the dog needed medical attention, I would have done something to get him out of there, but the dog needlessly suffered while his ignorant owner shopped," she said.

adam.carter@cbc.ca | @AdamCarterCBC