A. No person shall leave or confine a domestic animal unattended in any motor vehicle or trailer under conditions that a reasonable person would believe endangers the health, safety, or well-being of the animal due to heat, cold, or lack of adequate ventilation.
B. Prima Facie Evidence: A rescued animal examined by a licensed veterinarian and diagnosed with heat stroke, heat exhaustion, hypothermia, hypoxia, or frostbite shall be deemed prima facia evidence of animal endangerment under this section.
C. Immunity From Penalties Or Damages To Motor Vehicle Or Trailer: A person who enters a motor vehicle or trailer, by force or otherwise, for the purpose of rescuing a domestic animal is immune from criminal penalties and civil liability for damages to the motor vehicle or trailer if the person:
1. Has a good-faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle or trailer is necessary because a domestic animal is in imminent danger of suffering great bodily harm or death;
2. Determines that the motor vehicle or trailer is locked and there is no other reasonable method for the domestic animal to be removed from the motor vehicle or trailer;
3. Contacts law enforcement or the "911" emergency service prior to forcibly entering the motor vehicle or trailer;
4. Uses no more force to enter the motor vehicle or trailer than necessary to remove the domestic animal;
5. Remains with the domestic animal in a safe location within reasonable proximity to the motor vehicle or trailer until an authorized officer or other emergency responder arrives; and
6. Surrenders the animal immediately to the responding an authorized officer or other emergency responder on the scene.
D. Emergency Response: This section does not prevent an authorized officer or other emergency responder from removing an animal from a motor vehicle or trailer if the animal's health, safety, or welfare appears to be in imminent danger of suffering great bodily harm or death from heat, cold, or lack of adequate ventilation.
1. An authorized officer or other emergency responder who takes possession of a rescued domestic animal, or who removes a domestic animal from a motor vehicle or trailer, shall take such animal to the Animal Shelter or a veterinary hospital for medical treatment and safe-keeping, if the officer deems it necessary. The owner or custodian of the rescued domestic animal is responsible for all expenses for the medical treatment, impoundment, and care of such animal.
2. An authorized officer or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an endangered domestic animal from a motor vehicle or trailer, including, but not limited to, forcibly entering the motor vehicle or trailer, after making a reasonable effort to locate the owner or custodian.
3. An authorized officer or other emergency responder who rescues a domestic animal from a motor vehicle or trailer, or who receives a rescued domestic animal on scene from another person, shall leave written notice in a secure and conspicuous location on or within the motor vehicle, bearing the officer's name, office name and address, and the name and address of the location where the rescued animal can be claimed. The rescued animal may be claimed by the owner or custodian only after payment of all expenses for the medical treatment, impoundment, and care of such animal.
E. Penalties: Unless the animal suffers great bodily harm or death, a first conviction for violation of this section is punishable by a civil infraction as set forth in 1-4-2 of this code. If the animal suffers great bodily harm or death, a violation of this section shall be punishable as a misdemeanor as set forth in 1-4-1 of this code. Any subsequent convictions for violation of this section, regardless of injury to the animal, shall be punishable as a misdemeanor as set forth in 1-4-1 of this code. (Ord. 20-21, 5-11-2021)