What can you legally do in KY if you find a dog locked in a hot car? Here’s what the law says

As temperatures rise, so do heat distress calls made to Lexington-Fayette Animal Care and Control.

For Lt. Jai Hamilton, the agency’s animal cruelty investigator, at least some of these calls are bound to end in tragedy.

“It’s something people don’t think about,” Hamilton said, referring to someone running an errand with a pet they leave behind in a hot vehicle for what they believe to be just a few minutes.

“We’ve had animals die from heatstroke here in Lexington,” Hamilton added, noting at least two dogs that died from heatstroke last year.

Such results can have serious legal consequences for pet owners and caregivers. So what counts as animal cruelty or neglect, and what should you do if you spot a pet suffering from the heat this summer? Here’s what you should know.

What do state and local laws say about animal cruelty and neglect?

Within the Kentucky Revised Statutes, there are laws regarding animal cruelty in the first It is second degree, the torture of dogs and cats and sexual crimes committed against animals.

Of the two state animal cruelty laws, KRS 525.130 is most applicable to animal neglect cases. KRS 525.125, the state law on animal cruelty in the first degree, primarily discusses the penalty for dog fighting, which is a Class D felony in Kentucky.

KRS 525.130 states that a person is guilty of second-degree animal cruelty when he subjects any animal to or causes “cruel or harmful mistreatment through abandonment.” This also includes subjecting an animal to “cruel neglect”.

Under state law, second-degree animal cruelty is a Class A misdemeanor. This type of offense can land you imprisonment for up to one year it is a $500 fine.

When it comes to what constitutes animal cruelty and mistreatment, the Lexington-Fayette County Code of Ordinances provides more detail than state law.

Section 4-2 states that it is illegal for an animal owner or caregiver to “fail to provide” the animal with adequate food, water, shelter, shade, or veterinary care.

Doing so carries a fine of at least $100 and up to $500 and a possible prison sentence of up to a year for each act.

How does animal control respond to pets in heat distress?

Lexington-Fayette Animal Care and Control handles all animal-related complaints, according to Hamilton.

“This could be something as simple as loose dogs, sick or injured animals, bite cases, cruelty cases and animal rescue,” Hamilton said. “So if anyone sees an animal in distress, just contact our dispatcher. We have an officer working 24/7, every day… There is an animal control officer for the public.”

Fayette County residents can contact LFACC by visiting their website or calling 859-255-9033.

Except for reports made after 11 p.m. (when police handle reports), Hamilton said dedicated animal control officers respond to animal-related complaints from residents. Animal control officers do not have the power to make arrests, according to Hamilton, but they can have police make arrests in animal cruelty cases. Up to this point, however, LFACC handles animal abuse complaints and investigations.

“All cruelty complaints are a priority,” Hamilton said, especially when temperatures are high.

In the case of a dog left in a hot car for a long period of time, or perhaps a dog tied up in a yard without water or shelter from the sun, a police officer would arrive and assess the situation, Hamilton said. What happens after that depends on the specific situation.

“If we need to, we can remove that animal if we believe it is in demanding circumstances, and bring it back to Animal Control to be held,” Hamilton said.

That’s not the agency’s response, but if the animal is trapped in a hot car and appears to be suffering from heatstroke or distress, for example, animal control officers will take appropriate action to protect the animal, Hamilton said. .

“If that happens, the owner will be held criminally responsible for it,” Hamilton said.

Can you break a window to get a pet out of a hot car?

On the contrary unaccompanied childrenKentucky does not have a Good Samaritan law that protects individuals from liability for breaking a window to rescue a dog from a hot vehicle.

Hamilton said the best course of action is to call animal control and allow authorities to respond.

“We will get there as quickly as possible and take the necessary measures,” Hamilton said.

While you wait for authorities to arrive, you can monitor your dog for signs of heatstroke. According to ASPCAthese include:

• Excessive panting or difficulty breathing

• Increased heart and respiratory rate

• Drooling

• Weakness, stupor, or collapse

– Do you have a question about Kentucky for our Service Journalism team? Email us at ask@herald-leader.com or fill out our Know Your Kentucky form.