FAYETTEVILLE -- The city's Animal Services Division wants to make it illegal to leave a dog in a hot car.
A proposal up for consideration at the City Council's July 7 meeting would prohibit someone from "confining an animal in an unattended, enclosed vehicle" if the temperature outside is hotter than 70 degrees, unless the car is air-conditioned or ventilated, keeping its internal temperature below 100 degrees.
Fayetteville City Council
The City Council is scheduled to meet at 5:30 p.m. Tuesday in Room 219 of the City Administration Building, 113 W. Mountain St.
Also on the agenda:
• A $186,000 payment for a traffic signal at College Avenue and Masonic Drive, where a shopping center anchored by a Whole Foods Market is being built.
• Rezoning 17.7 acres at the northeast corner of Van Asche Drive and Steele Boulevard where an apartment complex is planned.
• Rezoning 16 acres a 4065 E. Huntsville Road where a mixed-use residential and commercial development is planned.
Source: Staff Report
The state's animal cruelty law prohibits someone from knowingly subjecting an animal to cruel mistreatment, but no local laws exist barring pet owners from leaving their animals trapped in a car on a hot day.
According to Justine Lentz, Fayetteville's Animal Services superintendent, a judge recently dismissed a case animal control officers thought was a clear example of animal cruelty.
"We've had some issues with people being able to successfully argue that they shouldn't be held liable," Lentz said. "It's a lot easier for us to be able to have kind of a bright-line rule as far as what is a good, safe, acceptable temperature if you want to take your dog or cat somewhere and leave it in the car."
According to research published in Pediatrics, the official journal of the American Academy of Pediatrics, the temperature inside a car on a clear, sunny day rises by an average of 40 degrees in a 1-hour span when it's 72 to 96 degrees outside. Eighty percent of that heating can occur in the first half hour.
People for the Ethical Treatment of Animals reports dogs can suffer brain damage or die from heatstroke after just 15 minutes of excessive heat.
When it's 98 degrees outside, the temperature in a vehicle can reach 124 to 153 degrees within 15 minutes, according to the research in Pediatrics. Even when it's just 72 degrees outside, internal vehicle temperature can reach 117 degrees within an hour.
"Leaving the windows opened slightly does not significantly slow the heating process or decrease the maximum temperature," according to a 2005 study.
Currently, if Police or Animal Services departments receive a call about an animal left in a car, an animal control officer will investigate.
If he sees a dog with visible signs of distress, such as dilated eyes, heavy breathing, foaming at the mouth or lethargy, or if he's able to determine the internal temperature of the car is over 103 degrees, the officer will check the car doors and try to let the animal out.
If the car is locked, the officer will call police and a police officer has the authority to break into the vehicle.
Lentz said the Animal Services Division has done 47 animal-in-vehicle checks so far this year. None resulted in citations.
"We always have our professional discretion as to whether or not to write a ticket," she added. "We're very much about education and educating people how to be responsible pet owners. We don't get commission on tickets or anything like that."
Lentz said typically the people who report animals in cars "really feel pretty strongly about it."
She advised residents to stay calm, however.
"If you're worried, if you think the car has been there for a while or if an animal seems to be in distress, definitely call the police or call Animal Services," Lentz said. "Those are priority calls for us. We're going to get out there as soon as we can and address it. But it's best to try to remain calm and let the professionals handle it."
"Please don't break and enter into anyone's vehicle," she added, "because then it can very much become an issue for you, too."
If approved by the City Council, the penalty for violating the new code would be an up to $500 fine.
Violating the state's animal cruelty law is an unclassified misdemeanor. The first offense is punishable by fines between $150 and $1,000 along with up to one year in jail and/or required community service.
The ordinance aldermen will consider July 7 also prohibits leaving an animal in a car when it's colder than 30 degrees outside if the vehicle isn't heated to above 30 degrees.
"We actually haven't had any serious cases of that," Lentz said, but, she added, prolonged exposure to extremely cold temperatures can also be hazardous to pets.
NW News on 07/01/2015