Is it Illegal to Leave a Dog Unattended in the Car?

Posted on May 14, 2021

About 31 states in the U.S. have laws that make it a crime for a person to leave an animal confined in a vehicle under dangerous conditions (such as extreme hot or cold temperatures or lack of ventilation). Some of these states include

• Arizona,
• California,
• Indiana,
• Minnesota,
• Nevada, and
• New York.

Depending on the state, a violation of these laws could lead to misdemeanor charges.¹

Even if a state does not have one of these laws, it is possible that a person could still be charged with a crime for leaving a dog unattended in a vehicle under a state animal abuse and animal cruelty law.

Note that some states have laws that allow persons to rescue animals that are confined in parked vehicles under hazardous conditions. These persons may include local law enforcement officers and firefighters. Some states even say that any person can rescue an animal.

Under California law, Penal Code 597.7 PC makes it a crime for a person to leave a dog in an unattended motor vehicle if the conditions would endanger the animal’s health or well-being.

Relevant considerations include the:

• weather,
• temperature inside the vehicle,
• lack of adequate ventilation,
• lack of food or water, and
• length of time the animal is unattended.

Most states outlaw leaving animals confined in a vehicle under dangerous conditions (such as in a hot car, which can cause heatstroke).

Is it illegal for dog owners and pet owners to leave their animals in a car?

The majority of U.S. states have laws in place that prohibit pet owners from:

1. leaving an animal confined and unattended in parked vehicles, and
2. doing so when the condition in the parked cars poses an imminent danger to the animal’s life.

Some of the states with these laws include:

• Maine,
• Maryland,
• Nevada,
• New Hampshire,
• New Jersey,
• North Carolina,
• North Dakota,
• Rhode Island,
• South Dakota,
• Vermont, and
• West Virginia.²

Some state laws specifically declare that the following conditions “endanger” an animal’s life:

• extreme heat or cold,
• lack of adequate ventilation, and/or
• lack of food or drink.³

Other laws only state that a pet cannot be left in a vehicle if conditions pose:

• an immediate danger to the animal, or
• an imminent threat to the animal’s health or safety.⁴

Further, some state laws only protect dogs and cats while others protect a broader category of “animals.”⁵

The penalties for violating these laws vary by state. Some states say a violation is an infraction that is punishable by a fine. Most states say a violation is charged as a misdemeanor that is punishable by a fine and/or jail time.

Note that animal abuse and cruelty laws make it a crime for a person to maliciously harm an animal. This means that a person could be charged under these laws in the event he/she:

• leaves an animal in an enclosed space in a vehicle, and
• the act poses a threat to the well-being of an animal.

Note too, that with regards to temperatures, even a moderately warm outside temperature such as 72 degrees Fahrenheit can quickly escalate inside a car and threaten an animal’s body temperature. Further, even when the windows are slightly cracked on a hot day, temperatures inside a car can reach 102 degrees within ten minutes and 120 degrees within half an hour.

What are animal rescue laws?

Some states have laws that allow persons to rescue animals that are confined in a parked vehicle under dangerous conditions.

Some states, though, say only the following persons can perform such a rescue:

• law enforcement officers,
• police officers,
• firefighters,
• animal control officers,
• first responders, or
• authorized humane officers.

Other states (about 15) have good Samaritan laws that allow any person to rescue an animal if it is suffering from life-threatening conditions in a car.

If a person violates PC 597.7, and the animal does not suffer great bodily injury, then he/she is charged with an infraction and must pay a $100 fine.

What is the law in California?

Penal Code 597.7 PC is the California statute that makes it a crime for a person to:

1. leave an animal confined in an unattended motor vehicle, and
2. by doing so, the person endangers the health or well-being of the animal.⁶

The law states that the following conditions may endanger an animal:

• heat,
• cold,
• lack of adequate ventilation,
• lack of food or water, and
• other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.⁷

Further, the law is not limited to just dogs and cats. It applies to “an animal.”⁸

If a person violates PC 597.7, and the animal does not suffer great bodily injury, then he/she is charged with an infraction and must pay a $100 fine.⁹

A violation of the law that results in great bodily injury to the animal is charged as a misdemeanor. The crime is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $500.¹⁰

Note that this California statute also sets forth laws on animal rescue. These laws state that:

1. any person can take reasonable steps to remove an animal from a motor vehicle, and
2. the person attempts removal after holding a reasonable belief that the animal’s safety is in immediate danger.¹¹

This danger can come from:

• heat,
• cold,
• lack of adequate ventilation,
• lack of food or water, or
• other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.¹²

What are some ways to keep a pet safe in a car?

Pet owners should consider doing some of the following when leaving their animals in a parked vehicle:

1. park in the shade,
2. decide not to park a car, or leave a pet inside the vehicle, if there are extreme weather conditions,
3. leave plenty of food and fresh water for the animal,
4. use a sunscreen on the car’s windshield to block sunlight,
5. occasionally return to the vehicle to check on the animal, and
6. use a pet temperature monitor, to check on the temperature inside the vehicle.

Legal References:

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.