Animal rescue law takes effect in California

UPDATE 1/2/17 5:55PM: In California, it’s now legal to rescue an animal trapped inside a car.

The new law passed last year is aimed at saving pets before it’s too late.

But some are a little skeptical about how it’ll be handled.

AB 797 officially became California law on January 1st, and will basically allow citizens to lawfully break a car window to help a distressed pet. As easy as that sounds, there’s a lot more to it.

On a hot day, temperatures inside a locked car could rise to nearly 120 degrees, which could be deadly for trapped animals. That’s why the majority of voters approved AB797.

“It basically allows citizens to break into cars to save animals from overheating and that type of stuff,” said Marty Opseth, Humane Investigator for the SPCA for Monterey County.

But that doesn’t mean you can just run around smashing car windows with a pet inside.

The SPCA for Monterey County says there’s a few things people will want to keep in mind before making a rushed decision.

“You have to call law enforcement first, and if they can’t respond in a timely manner, then they can take matters into their own hands, that are necessary,” said Opseth.

Calling authorities first is part of the new law, and they will advise you on what to do, which could just mean waiting a few minutes for an officer to get there.

“Those things would be on audio tape, and there would be some kind of recording that said yes this person did call in, and we did advise them to break a window or whatever we needed to do,” said Opseth.

For the most part, pet owners are all for the new law.

“I think it’s probably a good thing in the long run as long as everybody’s responsible about it, they stick around, they call police. I think it’s a good thing,” said Dog Owner, Charles Parsons.

“I agree with it, I mean, an animal is just like a child. You get an animal to care for and you leave a child or animal in a hot car…there’s gonna be problems,” said Dog Owner, Ali.

But some are a little skeptical.

“But right now I’m not just gonna go up and start breaking people’s windows because I’m gonna get put in jail,” said Dog Owner, Dani.

Talking about the law is easy, but being put in the situation is very different.

“No, breaking a car window is kind of difficult. And you’re going to cut you hands and there’s a lot of variables going on there,” said Dani.

“I will use a rock, yes, I will break their car window. I will break their car window, yes, if it will save the dog,” said Ali.

While some are willing to be heroic, authorities are asking people to take caution before breaking a car window.

“9 times out of 10, we can probably get there in a timely manner,” said Opseth.

ORIGINAL STORY: As of January 1, 2017, any person who breaks into a car to save a distressed animal will be excused from civil liability for damages to the vehicle. Before you break any windows, though, you need to call 9-1-1.

AB 797 was signed into law by Governor Jerry Brown last September. It allows a person to break the window of a car where an animal is in danger of freezing or, more commonly, overheating. The law requires that authorities be notified before any action is taken.

“If your local police department or Sheriff’s office or SPCA or Humane officer or animal control officer can’t get out there, and you feel like it’s something that needs to be done right away, then you can do what you have to do and not be held civilly liable for it,” explained Marty Opseth, a humane investigator for the SPCA for Monterey County.

Advocates suggest that such intervention be considered a last resort as it might place additional stress on an animal. Tonight at 6 p.m., KION’s Matt Sizemore has a full report.