Deb D’Andrea, Nederland. House Bill 17-1179 has been signed into Colorado Law; what does this mean for you? “Section 2. 18-1-706.5. Justification and exemption from liability when rending
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Deb D’Andrea, Nederland. House Bill 17-1179 has been signed into Colorado Law; what does this mean for you? “Section 2. 18-1-706.5. Justification and exemption from liability when rending emergency assistance to an at-risk person or animal in a locked vehicle. A person is justified and exempt from criminal liability for criminal mischief, criminal trespass, or criminal tampering involving property if such action occurred when he or she rendered emergency assistance to an at-risk person or animal in a locked vehicle, provided the person rendering assistance acted in accordance with the provisions of Section 13-21-108.4”
Section 13-21-108.4 says you need to take several steps before doing what is necessary to save the person or animal in distress. Please note that “animal” is defined as a dog or cat and does not include livestock (cattle, horses, mules, burros, sheep, poultry, swine, llamas and goats). The steps to take if you see an animal or person and you fear they are “at risk” in a locked vehicle are:
“The vehicle is not a law enforcement vehicle; and
An at-risk person or animal is present in the vehicle and the person rendering assistance has a reasonable belief that the at-risk person or animal is in imminent danger of death or suffering serious bodily injury; and
The person determines that the vehicle is locked and that forcible entry is necessary; and
The person makes a reasonable effort to locate the owner or operator of the vehicle and documents the color, make, model, license plate number, and location of the vehicle; and
The person contacts a local law enforcement agency, the fire department, animal control, or a 911 operator prior to forcibly entering the vehicle, and the person does not interfere with, hinder, or fail to obey a lawful order of any person duly empowered with police authority or other first responder duties who is discharging or apparently discharging his or her duties; and
The person uses no more force than he or she believes is reasonably necessary; and
The person rendering assistance remains with the at-risk person or animal, reasonably close to the vehicle, until law enforcement officer, emergency medical service provider, animal control officer, or other first responder arrives at the scene.
This is great news, as before there was the question of getting into trouble if you broke a window to save an animal or person in a hot car. Years ago I purchased a window breaker just in case I ever needed to save someone who had landed in the creek. Now I’ll be sure to carry it with me should I witness an animal or person in distress locked in a hot car. Also, where this law has passed in other States, there has not been an increase in vigilantism or random smashing of car windows.
Stay cool and be safe. Till next time. Deb D’Andrea, founder of 4TheLuvOfDogz & the Caribou Dog Ranch is recognized by the State of Colorado as a Certified Canine Massage Therapist and will visit your home or Vet’s office to work with your dog. Canine Agility may be offered at the Caribou Dog Ranch in 2017 if there is interest. Deb currently has limited availability for new Petz Nanny Clients; and she bakes up fresh dog treats & doggy birthday cakes per order. For information contact Deb at 720-675-7078 or email: info@4theluvofdogz.com.