By Jennifer Braster, Esq.
Since 2007, Nevada’s animal cruelty laws have prohibited a person from leaving a dog or cat in a car during periods of extreme heat or cold. NRS 574.195. Violation of this law is a misdemeanor. Id. During the 2017 Legislative Session, with Senate Bill 409, Senators Manendo, Cannizzaro, and Parks sought to expand this law to further protect animals left in vehicles and those who come to the animals’ aid. Ultimately, the revised law essentially made three changes: (1) expressly stating that animal control officers must provide these rescued animals with shelter and care; (2) clarifying the protections afforded to those individuals authorized to aid these animals; and (3) expanding the application of the law to not just dogs and cats but all pets. It remains to be seen if these changes will result in change.
Within minutes, a vehicle can prove deadly to children and animals
While unfortunately there are several stories a year about children dying in hot cars, many do not realize how quickly a vehicle can also become a death trap for animals. The Animal Veterinary Medical Foundation provides the following chart: 
See AVMA, https://www.avma.org/public/PetCare/Pages/Estimated-Vehicle-Interior-Air-Temperature-v.-Elapsed-Time.aspx (last visited July 30, 2017).
In Washoe County, Regional Animal Services responds to an average of 400 to 500 calls of dogs and cats left in hot vehicles each summer. Minutes of the Senate Committee on the Judiciary, 79th Session (April 7, 2017) (statement of Robert Smith, Manager, Washoe County Regional Animal Services). Clark County Animal Control has reported responding to over 200 calls a day in the summer regarding animals left in extreme heat – whether in vehicles or simply outside. With S.B. 409, Senator Manendo sought to bring the dogs in hot cars law in line with the laws regarding children left in hot cars. At the end of the day, the legislation that passed did not deviate significantly than the laws on the books, but serves as a stepping stone to further protecting animals from these dangerous circumstances.
Nevada is one of 25 states that allows the rescuing of animals left in hot cars
Approximately half of the states allow certain individuals to rescue animals left in hot cars and/or provides immunity to those that undertake such acts. Nevada is one of sixteen states that allows public officers to rescue an animal left in a hot vehicle and/or provides civil and/or criminal immunity for such acts. Nine states go one step further and have enacted legislation allowing good samaritans to rescue animals left in hot cars in certain situations and/or provides civil and/or criminal immunity from such acts. See Humane Society, Pets in Hot Cars Laws – Current Landscape, http://blog.humanesociety.org/wp-content/uploads/2017/06/hot-car-laws-map-1.pdf (last visited July 30, 2017).
Changes in Nevada’s hot car law as a result of SB 409
During the 2017 Legislative Session, the Humane Society of the United States lobbied to expand the language of S.B. 409 to allow good Samaritans to save animals left in hot vehicles without incurring civil liability. The proposed language suggested by the Humane Society of the United States would have allowed someone with a good faith belief that an animal was in imminent danger to forcibly enter a vehicle to save the animal if the person first called 911, or otherwise contacted the authorities, and remained with the animal until the authorities arrived. Minutes of the Senate Committee on Judiciary, 79th Session (April 7, 2017) (Exhibit K). Ultimately, the enrolled version of S.B. 409 did not expand on those authorized individuals who could rescue such distressed animals. Under S.B. 409, only the following individuals may rescue a pet left unattended in a parked or standing motor vehicle during periods of extreme heat or cold without incurring civil liability: peace officer, animal control officer, governmental officer or employee whose primary duty is to ensure public safety, employee or volunteer of a fire department, or a member of a search and rescue organization that is under the direct supervision of a sheriff. S.B. 409.
There are three main changes to Nevada’s laws protecting animals from being left in hot cars – and protecting those who come to the animals’ aid. Both the 2007 law and S.B. 409 allow those certain authorized individuals identified above to rescue such animals without incurring civil liability. S.B. 409 specifically states that those authorized individuals “who reasonably believe that a violation of this section has occurred may, without incurring civil liability, use any reasonable means necessary to protect the pet and remove the pet from the motor vehicle.” S.B. 409.
SB 409 also clarified that both peace officers and animal control officers must take possession of such animal if they deem the animal to have been treated cruelly and provide it with shelter and care. S.B. 409 protects such individuals from liability:
A person required … to take possession of a pet removed pursuant to this section may take any action relating to the pet specified [under Nevada law] and is entitled to any lien or immunity from liability . . .
Lastly, the 2007 law only protected cats and dogs left in hot cars. S.B. 409 expanded those protections to all pets.
The changes to Nevada’s animal cruelty laws are encouraging and hopefully will result in fewer animal deaths – and further protections to those authorized individuals who come to the aid of these animals, especially in a state with such extended periods of extreme heat.
This article was originally published in Communiqué, the official publication of the Clark County Bar Association. (September 2017). https://www.clarkcountybar.org/communique/september-2017/#animallawnv