Penal Code 597.7 PC - Leaving an Animal in an Unattended Vehicle
California Penal Code 597.7 PC prohibits leaving an animal unattended, typically a dog, in a motor vehicle when the conditions can endanger its health or well-being.
In most cases, violations are infractions that carry a $100 fine, but they could be charged with a misdemeanor if the animal suffers a great bodily injury.
Notably, it's not illegal to leave a pet in a locked car, but only when weather conditions, such as hot temperatures, can put the animal's health in danger. Simply put, this statute prohibits leaving an animal unattended in a car if the current conditions threaten its well-being.
PC 597.7 says, “(a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal's safety is in immediate danger 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.
(2) A person who removes an animal from a vehicle by paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all the following:
(A) Determines whether the vehicle is locked or there is no reasonable way to remove the animal.
(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
(C) Has contacted a local law enforcement agency, the fire department, animal control, or the “911” emergency service before forcibly entering the vehicle.
(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives.
(E) No more force than necessary was used to enter the vehicle and remove the animal.
(F) Immediately turn the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene.”
When Is It Illegal to Leave a Pet in a Car?
As noted, it is NOT illegal to leave your pet unattended in a vehicle, but only when the circumstances would endanger the animal's well-being, such as
- excessive heat or cold,
- lack of food or water,
- inadequate ventilation,
- other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
As noted, violations are typically infractions that carry a fine only unless the animal suffers harm due to your actions. In that case, it could be charged as a misdemeanor with more serious penalties.
What Does the Law Say?
Penal Code 597.7 PC prohibits leaving or confining an animal in any unattended motor vehicle under circumstances that could endanger their health and well-being, such as heat, cold, lack of food or water, etc. Other specific language within the law that you should know includes the following:
- This law applies to animals left unattended in vehicles, not just cats and dogs.
- The animal does not have to suffer harm to be found guilty of violating this law; instead, police need to show that the conditions of confinement were potentially dangerous to the animal's health.
- Anyone who removes an animal from a vehicle is not criminally liable if the car is locked or there is no reasonable way to remove them.
What is the PC 597.7 Penalties?
Suppose you are accused of Penal Code 597.7 PC leaving an animal unattended in a vehicle in unsafe circumstances. In that case, the penalties will include the following:
- If you're cited for violating the law, this infraction carries a maximum fine of $100 if the animal did not suffer great bodily injury due to your actions. If there was more than one animal, the $100 fine applies to each.
- If the animal suffered great bodily harm or death due to being left in the vehicle, you could be charged with a misdemeanor crime that carries up to six months in county jail, a fine not exceeding $500, or both.
What are the Related Laws?
Several California laws are related to Penal Code 597.7 PC leaving an animal unattended in a vehicle, including the following:
- Penal Code 597 PC – animal abuse and cruelty. This law makes it a crime to maliciously kill, harm, maim, or torture an animal. Notably, you could be charged under both this statute and PC 597.7.
- Penal Code 597a PC – transport animals cruelly or inhumanely. This law makes it a crime to carry domestic animals cruelly knowingly.
- Penal Code 596 PC – poisoning someone's animal. This law makes it a misdemeanor crime to poison another person's animal willfully.
- Penal Code 597.5 PC – dogfighting laws. This law makes it a crime to own, possess, keep, or train a dog to engage in dog fighting. It's also a crime to be present at a dogfight.
- Penal Code 399 PC – failure to control dangerous animals. This law makes it a crime to own or keep a dangerous animal, fail to take steps to control it, and somebody is seriously injured or killed as a result.
What Is the PC 597.7 Defenses?
If you are accused of violating Penal Code 597.7, our California criminal defense lawyers can use different strategies to obtain the best possible outcome, such as the following:
- The conditions were not harmful,
- Lack of knowledge,
- False allegation,
- Emergencies.
Maybe we can argue there were no harmful conditions as this law only applies to situations that could endanger the animal's health or well-being.
The term “unsafe conditions” can be ambiguous and sometimes challenging to prove. Perhaps we can argue your animal was left in conditions that did not threaten their well-being. If your animal was not injured, maybe we can get the infraction dismissed.
Maybe we can argue that there was a lack of knowledge. Perhaps we can claim that you reasonably believed the conditions would not harm the animal and that your conduct was not willful or negligent.
Maybe we can argue there was an emergency. Perhaps you had no other option but to leave your pet in the vehicle due to an emergency.
Maybe we can argue that you are the victim of a false accusation. Perhaps someone falsely accused you of leaving a pet unattended as retaliation or harassment. Contact us for more information. Cron, Israels & Stark has offices in Los Angeles, CA.
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