New Massachusetts Law Will Protect Dogs in Hot Cars

Adding to the increase in legislation addressing the dangers of leaving animals in hot cars, Massachusetts SB2369 was signed into law by Governor Charlie Baker on August 19. The governor noted that Massachusetts has laws protecting children left in hot cars and that it makes sense to extend that protection to animals.

Effective 90 days after passage, the new law will prohibit the negligent confinement of animals in motor vehicles during extreme heat or cold and authorizes animal control officers, law enforcement officers and firefighters to enter the vehicle to prevent imminent injury or death of the animal. Significantly, this legislation goes further than many similar laws in also allowing private citizens to break a car window and free the animal if he or she appears to be in immediate danger.

Before taking this action, a person is required to make a reasonable effort to find the owner and contact law enforcement in order to be immune from criminal and civil liability. The law also prohibits tethering an animal outside for more than 15 minutes in extreme weather conditions.

More than 20 states currently have statutes that either prohibit leaving an animal confined in a vehicle or protect a person who rescues an animal from a vehicle from being sued under certain conditions. Several of these laws have been passed within the last few years as public concern has mounted about this issue. Where such laws do not exist, an owner could still potentially be charged under that state’s general animal neglect law.

Further Reading:

• “Bill Passed To Let People Break Into Hot Cars And Free Pets.” CBS Boston. August 12, 2016.
• “ Senate passes animal welfare legislation.” Wicked Local Newburyport. June 28, 2016.
• Text of Bill S.2369: An Act preventing animal suffering and death.
• See the Animal Legal Defense Fund’s resources, “An Avoidable Tragedy: Dogs in Hot Cars” and “Overview of State Laws: Leaving Unattended Animals in Vehicles.”