What can you legally do in KY if you find a dog locked in a hot car? Here’s what the law says
As the temperature rises, so do heat distress calls placed to Lexington-Fayette Animal Care and Control.
For Lt. Jai Hamilton, an animal cruelty investigator with the agency, at least a few of those calls are bound to end in tragedy.
“It’s a thing that people don’t think about,” Hamilton said, referring to someone running an errand with a pet they leave behind in a hot vehicle for what they believe is only a few minutes.
“We’ve had animals die of heat distress here in Lexington,” Hamilton added, recalling at least two dogs that died of heat stroke last year.
Such outcomes can carry serious legal consequences for pet owners and caregivers. So what counts as animal cruelty or neglect, and what should you do if you spot a pet in heat distress this summer? Here’s what to know.
What do state and local laws say about animal cruelty and neglect?
Within the Kentucky Revised Statutes, there are laws pertaining to animal cruelty in the first and second degree, the torture of cats and dogs and sexual crimes committed against animals.
Of the state’s two animal cruelty laws, KRS 525.130 is more applicable to cases of animal neglect. KRS 525.125, the state law about animal cruelty in the first degree, mainly discusses the penalty for dog fighting, which is a Class D felony in Kentucky.
KRS 525.130 states a person is guilty of cruelty to animals in the second degree when they subject any animal to or cause “cruel or injurious mistreatment through abandonment.” This also includes subjecting an animal to “cruel neglect.”
Under state law, cruelty to animals in the second degree is a Class A misdemeanor. That type of offense could land you in jail for up to a year and a $500 fine.
When it comes to what animal cruelty and mistreatment is, the Lexington-Fayette County Code of Ordinances offers more detail than state law.
Section 4-2 states it is illegal for an owner or caregiver of an animal to “fail to provide” the animal with adequate food, water, shelter, shade or veterinary care.
Doing so comes with a fine of at least $100 and up to $500 and a possible jail sentence of up to a year for each act.
How does animal control respond to pets in heat distress?
Lexington-Fayette Animal Care and Control handles all animal-related complaints, according to Hamilton.
“That could be something as simple as loose dogs, sick or injured animals, bite cases, cruelty cases and animal rescue,” Hamilton said. “So if anyone sees an animal in distress, they just reach out to our dispatcher. We have an officer staffed 24/7 every single day… There’s an animal control officer for the public.”
Fayette County residents can contact LFACC by visiting its website or calling 859-255-9033.
Except for reports made after 11 p.m. (when the police handle reports), Hamilton said dedicated animal control officers respond to animal-related complaints from residents. Animal control officers don’t have the power to make arrests themselves, according to Hamilton, but they can have police make arrests for them in animal cruelty cases. Up to that point, however, LFACC handles animal mistreatment complaints and investigations.
“All cruelty complaints are a priority,” Hamilton said, particularly when temperatures are high.
In the case of a dog left in a hot car for an extended period, or maybe a dog tethered in a yard with no water or shelter from the sun, an officer would arrive and assess the situation, Hamilton said. What happens after that depends on the specific situation.
“If we need to we can remove that animal if we believe that it’s in exigent circumstances, and bring that animal back to Animal Control for holding,” Hamilton said.
That isn’t the agency’s go-to response, but if the animal is stuck in a hot car and seems to be going into heat stroke or distress, for example, then animal control officers will take appropriate action to protect the animal, Hamilton said.
“If that were to happen, the owner is going to be criminally liable for that,” Hamilton said.
Can you break a window to get a pet out of a hot car?
Unlike for unattended children, Kentucky doesn’t have a Good Samaritan law that shields individuals from liability for breaking a window to rescue a dog in a hot vehicle.
Hamilton said the best course of action is to instead call animal control and allow the authorities to respond.
“We’ll get there as soon as we can, and take what action is necessary,” Hamilton said.
As you wait for authorities to arrive, you can monitor the dog for signs of heat stroke. According to the ASPCA, these include:
- Excessive panting or difficulty breathing
- Increased heart and respiratory rate
- Drooling
- Weakness, stupor or collapse
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This story was originally published June 5, 2024 at 5:55 AM.