California's Law on Pets Left in Hot Cars

The consequences for pet owners and the protections for pet rescuers

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on February 9, 2024

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Pets have become our family members. They are the best of companions and want to come with us wherever we go. Nothing can be better than heading to the beach with your furry friend and playing in the surf for hours. But if you leave your pet in your car, you may end up behind bars rather than relaxing on the sand.

Temperatures in parked cars can rise swiftly even when it’s cloudy, and cracking a window does not affect this rise in temperature. Animals left in hot vehicles can suffer heatstroke and brain damage in short order, so even a quick run into the store could be deadly.

California’s Law Against Leaving Animals Unattended in Dangerous Vehicle Conditions

California’s penal code includes a section on animal endangerment that lays out the circumstances and penalties for confining an animal in an unattended motor vehicle. It also has rescue procedures for concerned citizens to follow when removing an animal that is in danger.

The law states: “A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or wellbeing of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.”

The law goes on to define what is reasonable: Basically, if any person passing by a parked car with an animal in it holds a reasonable belief the animal is in immediate danger, they are authorized to remove the animal.

The law protects rescuers from any and all criminal liability from any forcible entry of a locked car. They must:

  • Determine that the car is locked or there’s no way to remove the animal apart from forcible entry;
  • Act in a good faith belief that forcible entry is necessary because the animal is in imminent danger of harm;
  • Contact a local law enforcement agency;
  • Use no more force than is necessary to enter the vehicle and remove the animal;
  • Remain in the area with the animal until an officer comes; and
  • Immediately turn the animal over to any emergency responder or police officer.

Acting within these parameters, they are protected from any potential property damages assessed against them.

Penalties for Violating the Law

Even if no great bodily injury occurs, the fine could be $100. If a pet is injured, fines can go up to $500, and an owner could be jailed for six months.

Law enforcement officers are mandated to take the rescued animals to a shelter or veterinary hospital if necessary, and the owner of the pet is responsible for paying any and all fees, fines, and bills accrued for maintenance, treatment, or impoundment. The animal will not be returned to the owner until all of these have been satisfied.

On top of that, the law specifically states that it does not prevent any other law from being enforced upon an owner. That means that animal cruelty laws, neglect, and other more serious charges can all be levied for the same incident.

If you are facing charges for the endangerment of an animal, consider reaching out to a reputable and experienced attorney. For more information on this area of law, see our overview of animal law.

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