TITLE 4

Animals and Animal Husbandry

CHAPTER 4-1

Cruelty to Animals

SECTION 4-1-3.2



   § 4-1-3.2  Animal confinement in motor

vehicles prohibited. –

(a) No owner or person shall confine any animal in a motor vehicle that is done

in a manner that places the animal in a life-threatening or extreme

health-threatening situation by exposing it to a prolonged period of extreme

heat or cold without proper ventilation or other protection from such heat or

cold. In order to protect the health and safety of an animal, an animal control

officer, law enforcement officer, or fire fighter who has probable cause to

believe that this section is being violated shall have the authority to enter

such motor vehicle by any reasonable means necessary under the circumstances

after making a reasonable effort to locate the owner or other responsible

person.



   (b) A law enforcement or animal control officer may take all

steps that are reasonably necessary to remove an animal from a motor vehicle if

the animal's health, safety, or well-being appears to be in immediate danger

from heat, cold, or lack of adequate ventilation and the conditions could

reasonably be expected to cause extreme suffering or death.



   (c) Nothing in this section shall prevent a law enforcement

officer or animal control officer from removing an animal from a motor vehicle

if the animal's safety appears to be in immediate danger from heat, cold, lack

of adequate ventilation, lack of food or water or other circumstances that

could reasonably be expected to cause suffering, disability, or death to the

animal. A law enforcement officer or animal control officer may enter the motor

vehicle for the sole purpose of rescue or release of the animal and may not

search the vehicle unless otherwise permitted by law.



   (d) A law enforcement or animal control officer who removes

an animal in accordance with this section shall, in a secure and conspicuous

location on or within the motor vehicle, leave written notice bearing the

officer's or agent's name and office and the address of the location where the

animal may be retrieved. The owner may retrieve the animal only after payment

of all charges that have accrued for the maintenance, care, medical treatment,

and impoundment of the animal.



   (e) A law enforcement or animal control officer who removes

an animal from a motor vehicle pursuant to this section is immune from criminal

or civil liability that might otherwise result from the removal.



   (f) Any person who knowingly violates this section shall be

punished by imprisonment for a term not exceeding one year or by a fine of no

more than one thousand dollars ($1,000), or both.



History of Section.

(P.L. 2014, ch. 262, § 1; P.L. 2014, ch. 320, § 1.)