The more people I meet, the more I love dogs. No I am not an old man with 200 dogs in my house. My love of dogs coincides with my love for the little children in the world. Both are innocent little beings dependent on the kindness and love of a human being. All the dogs and babies I have come into contact with are big hearts with basic needs and are quite helpless without the proper care.

That being said, some people out there are either clueless or just downright stupid when it comes to the care of the innocent. The case in point is the leaving of a dog or child for that matter in a car on a sunny day with no ventilation. We read and see on the news every summer about a dog or child who was left in a sealed car and died or suffered severe brain damage. Leaving a window cracked is not proper ventilation either.

Ohio has finally addressed the matter by passing a law that removes liability from any person who finds an animal in danger of severe injury or death should they take action and break into a vehicle to rescue the dog. The new law, Ohio Revised Code Section 959.133 does not take effect until 08-31-2016. But there are requirements that go along with taking action to save an animal.

So before deciding to break out the window of a car, check to see if any of the doors are unlocked. Should you break a window out and then find the door unlocked, expect to pay for the damages.

The animal must be in imminent danger of harm if the action is not taken. A car in the grocery parking lot on a winter day with the temperature of 30 degrees F is not in imminent danger. Other than getting a shard of broken glass in their eye.

The person coming to the rescue must also contact the local police, fire or 9-1-1. If the animal is awake and looking around, it can probably await the arrival of a LEO. If you are not carrying a cell phone or have no way to contact the authorities, make contact as soon as possible after the rescue.

The rescuer must also stay with the animal until the police arrive and if it must be moved to a different location, leave a note on the vehicle telling the owner where the animal can be found and that the authorities have been contacted.

You must use reasonable force to rescue the animal. Breaking all the windows on the vehicle or kicking in the door panels is not reasonable, no matter how mad you are. Contrary to how you feel, the animal does not become your property since the stupid people don’t deserve to have it. That is theft and you do have civil and criminal liability in that matter.

Following is the Ohio Revised Code Section that goes into effect this month:

959.133 [Effective 8/31/2016] Immunity from liability for damage resulting from forcible entry of a motor vehicle for purpose of removing an animal.

(A) Except as provided in division (C) of this section, a person shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing an animal from the vehicle if the person does all of the following:

(1) Determines the vehicle is locked or there is otherwise no reasonable method for the animal to exit the vehicle.

(2) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one.

(3) Has made a good faith effort to contact the local law enforcement agency, the fire department, or a 9-1-1 operator prior to forcibly entering the vehicle. If contact is not possible prior to forcibly entering the vehicle, the person shall make contact as soon as possible after forcibly entering the vehicle.

(4) Makes a good faith effort to place a notice on the vehicle’s windshield with the person’s contact information, the reason the entry was made, the location of the animal, and the fact that the authorities have been notified.

(5) Remains with the animal in a safe location until law enforcement or emergency responders arrive.

(6) Used not more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.

(B) Nothing in this section shall affect the person’s civil liability if the person attempts to render aid to the animal in addition to what is authorized by this section.

(C) A person shall not be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing an animal from the vehicle if the person’s actions constitute recklessness or willful or wanton misconduct with regard to the forcible entry of the motor vehicle.

(D) As used in this section, “harm” means injury or death.

Added by 131st General Assembly File No. TBD, SB 215, §1, eff. 8/31/2016.

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