Pets In Cars: Council Adopts New Intermediate Penalty Law

GIG HARBOR, WA — At the urging of Gig Harbor Police Chief Kelly Busey, the city council at its meeting Monday formally adopted into the city code a state law that in certain cases lessens the penalty for instances of animals left in enclosed spaces without proper ventilation or access to food and water.

Previously, because of how the city's court handles local and state laws, Gig Harbor police were limited to filing misdemeanor or felony animal cruelty charges for offenders who left their pets in cars or other enclosed spaces during hot or cold days. With the newly adopted Ordinance 1421, police can now file for a fine — depending on the situation.

"If a dog is harmed or dies, of course we'll send in for the felony," Busey told Patch on Tuesday. "But if a pet is in imminent danger, though not necessarily being abused, we'd like to have the intermediate penalty in place."

Under the intermediate penalty, the fine for leaving a pet in a locked car without adequate care is around $257.

Pet owner ignorance or obliviousness, Busey said, are often cases that don't necessarily merit such a steep criminal penalty as a misdemeanor or felony charge; and the city's new ordinance broadens the responding officer's purview for how to individually handle each case of animal neglect and/or abuse.

However, the new ordinance does not affect how an officer chooses to go about rescuing the pet. So, offenders may also need to pay for a new window.

The state law providing for the intermediate penalty, RCW 16.52.340, was enacted in 2015.