Animals and Animal Husbandry
Cruelty to Animals
§ 4-1-3.2 Animal confinement in motor
(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
(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.)