California Law on Pets in Passenger Vehicles
In California, both the animal welfare community and law enforcement agencies encourage people to secure their animals in some way when they travel with them in a car. Some animal welfare agencies state that an unrestrained dog can easily distract a driver, something that may lead to accidents. Other animal welfare and humane groups advocate that unrestrained dogs are highly susceptible to death or severe injury if the driver suddenly brakes (and depending on how much the driver weighs down the brake pedal), which can throw the pet into the windshield, dashboard, or other areas of the car. Restrained pets can have their own set of issues, as restraints, seat belts, crates, and other means of restraint can potentially trap a pet if a car catches on fire or if the pet becomes claustrophobic. While these concerns are valid, there is no law or regulation in California which states that an animal has to be restrained in a car. In fact, regulations in California have actually removed references to dogs needing to be restrained while in a vehicle. However , in the interest of public safety and protecting your animals, it is always best to make sure that your pet is restrained in a secure manner.
In 1994, the Center for Pet Safety (CPS) published a report about keeping pets safe in vehicles. These concerns were addressed in new California Vehicle Code § 23117, enacted into law on January 1, 2001. However, that law was later repealed in 2016 for technical reasons. Earlier this year, every automobile association and the California Highway Patrol (CHP) essentially renewed their support of the law being reinstated. On October 18, 2017, Assembly Bill 1798 was introduced (and later passed by great margins) in the California Assembly and Senate. The bill re-enacts Vehicle Code § 23117, but adds a few more limited enforcements, like citing a person who has an unsecured or injured animal wedged under a passenger seat (which could potentially impede escape during an emergency). This information is important for every California motorist to know because these laws are being publicized and may soon be enforced by law enforcement.
Legal Mandates for Dogs in Cars
California’s mandatory seat belt laws apply to all animals that require them remain restrained in vehicles. California Penal Code sections 21706 and 17157(C) state:
(a) Subsection (a) of Section 21706 shall not prevent a law enforcement officer from issuing a citation for violating any provision of Section 23117.
(b) A driver of a motor vehicle who is cited by a law enforcement officer for a violation of Section 23117, because a dog or cat was occupying a position in the vehicle prohibited by that section and the driver is charged with an offense that specified in subdivision (d) of Section 41800, may be penalized under subdivision (e) of Section 41800.
(a) No person shall drive a motor vehicle with any animal in his or her custody in or on the motor vehicle, or permit any animal on in or on any motor vehicle under his or her custody, unless the dog is restrained in such a manner that it will not obstruct the view of the driver of the motor vehicle, or interfere with the control of the vehicle by the driver.
(b) Subdivision (a) does not prohibit a dog’s head from being out of the window of a moving motor vehicle, but does prohibit any other portion of a dog from extending beyond the confines of the vehicle.
(c) Nothing in this section shall be construed to prohibit an animal from being in its owner’s place of employment, including, but not limited to, a retail establishment.
(d)(1) Every peace officer shall enforce this section.
(2) A driver of a vehicle cited by a peace officer for violating subdivision (a) or (b) shall be deemed to have committed an infraction and shall be subject to a fine of fifty-five dollars ($55).
(e) The issuance of a citation for a violation of this section shall be at the officer’s discretion based upon the officer’s assessment of the overall driving behavior of the driver.
(f) This section does not apply to the use of a police service dog in the performance of its official functions.
(g) This section does not apply to a person driving a vehicle within an animal control facility, veterinary office, animal grooming shop, or similar facility.
Illegal Actions: Leaving Dogs Alone in Vehicles
California sharply prohibits leaving dogs unattended in cars. Driving with a dog is not a problem at all, provided the driver does not leave the animal behind, even for a short time.
Unattended animals can die from dehydration or heat exhaustion, as stated in California Vehicle Code sections 597.7(b). Temperatures in a car can rise by 30 degrees or more, even when parked in a driveway. While most people never arrive at a driveway surrounded by 20 other cars, this temperature increase may happen in just 15 minutes. The ready availability of water and windows can only reduce heat effects slightly, if at all.
Cruelly leaving your four-legged friend in a hot car risks criminal prosecution. Just leaving a dog unattended in a motor vehicle can lead to a misdemeanor charge. Violations can lead to up to six months in jail and/or $500 in fines. If harm befalls your pup, those penalties can be substituted with a felony designation and the potential for up to 3 years of imprisonment and/or fines up to $20,000.
Exemptions and Unique Situations
Many statutes have exceptions—some for special circumstances and others for the purpose of avoiding problems that might be created by the law. Statutes affecting dogs are no exception.
The law that prohibits leaving or confining a dog in a car under dangerous conditions (e.g., high temperature, exposure to sun, lack of ventilation, or lack of sufficient space) does not apply to: At the risk of stating the obvious, what this section means is that you can leave a dog in a vehicle in a dangerous condition if you are a first responder or work for an animal control agency and are responding to a disabled or abandoned animal. Also exempt are first responders who break into a vehicle to remove a confined animal. This exception will avoid any vehicle damage claims from a car owner who does not know better but takes his or her dog with them into the grocery store only to return 30 minutes later and find a window broken and an animal gone. Another important exception is for a person who leaves a dog in a vehicle while "in an amount of time that does not constitute a danger to the dog." This section essentially codifies what a great many people would consider common sense. Even on a sunny, 100 degree day with the windows rolled up, it doesn’t take a long time before conditions become dangerous to a dog. Generally, though, a few minutes is okay, so long as the dog is not in a small car with the windows rolled up with no ventilation. We see this all the time at dog shows, an activity where your dog is inside a vehicle for a time, but usually the windows are open and the car parked under a shade tree. So, a few minutes inside a hot car may not be a danger to the dog. If the car is in full sun and windows up, it could still be okay if the dog will only be in the car for a few minutes, but the answer is a judgment call rather than something that could be decided by looking at a checklist. The bottom line is whether the amount of time the dog is left in the car, as well as the conditions themselves, are such that it becomes dangerous to the dog.
When Traveling with Dogs in California – A Safety Overview
For those who live in California, the decision to travel with a dog is not always an easy one. Even traveling with a pet for a short period can have dangerous consequences. You must stay alert. After all, you don’t want to end up with a ticket simply because you didn’t take the necessary steps to avoid distraction. Luckily, there are a few things you can do to ensure your dog stays safe and that you continue to follow the law if you plan to travel with your dog on California roadways. According to California Vehicle Code, if a driver has pets in the vehicle while driving, the driver shall not allow the dog(s) to sit in the driver’s seat, unless the pet is secured in a restraining device. A "dog" is defined as any truncated canid that is domesticated or a feral canine protected under the federal Wild Free-Roaming Horses and Burros Act (Public Law 92-195). While it is important for dogs to be properly restrained while in the vehicle , keeping the interior cool is also important. If you travel with your dog during the summer, practicing proper temperature management in the car will not only protect yourself from improper restraint tickets, it will also protect your dog from overheating. Dogs are particularly vulnerable to heat. Dogs that are left in hot cars can possibly succumb to heat stroke or even death within a matter of minutes. Because of this, it is not surprising that in the case of a serious incident involving a dog locked in the vehicle, you could be charged with animal cruelty. If your dog happens to survive, the dog will be seized and could be euthanized. Therefore, proper temperature management in the vehicle is extremely important.
Real-world Scenarios: Penalties and Implementation
In October of 2017, a dog was found dead in a car at a shopping center in Moreno Valley. Although the driver fled the scene before being identified, it is likely they would have faced animal neglect charges under California’s laws as well as potential fines for unlawful transport of an animal. A dog rescue organization in Los Angeles known as Hope For Paws worked with the Los Angeles Police Department to issue a fine to the owner of a dog that was abandoned on the side of a freeway with her young puppies in 2012. The entire ordeal was caught on video and posted to the organization’s YouTube channel. The video drew attention to the plight of dogs in California, which has one of the highest amounts of animal cruelty cases in the country. Local authorities in Los Angeles County utilize animal control officers employed by the county to investigate cases of dogs left in vehicles. These officers work with police departments to issue fines to those who violate California dog-in-car laws. Many petty offenders who leave their dogs in vehicles are slapped with a fine of $100 or more, whereas more serious misdemeanors can lead to up to six months in jail and up to $1,000 in fines. The law is often enforced in Valley Center, Riverside County through warnings rather than legal action, but authorities have issued citations to numerous offenders for crimes involving dogs left in vehicles. Those issued citations must appear in court; failure to do so is considered failure to obey a lawful order of a police officer that may involve additional criminal charges and consequences.
Closing Thoughts: Responsible Driving and Pet Ownership
It is the responsibility of a loving and thoughtful dog owner to never leave their dog alone in a locked car while parked in a public place such as a grocery store or shopping plaza, regardless of the weather. It is against the law, is not safe for your dog and is unfair to your dog. If you cannot take your dog with you while running errands , you should leave your dog at home. We hope this blog post and vlog have provided you with the information you need regarding why leaving a dog in a locked car is dangerous for your dog and bad for our community. If you see a dog left unattended in a car do not attempt to break the window to rescue the dog. Call animal control immediately and have them contact the authorities. We urge you to educate other pet owners that leaving a dog unattended in a car is against the law, bad for their dog, and unfair to our community. Thank you for helping us create a better world for dogs and their human companions.