San Antonio — If you saw a baby alone in a car, you would certainly act, but if you saw a dog barking and crying in the heat, what rights or penalties are at stake if you get involved?
That is the question being asked by a family who witnessed a disturbing sight at a local movie theater Tuesday.
"It was very hot. It was 101," said Dr. Sanjie Garza-Cox, who heard a puppy yelping for help in a locked SUV when she took her teenaged daughters to a movie at the Palladium in the Rim.
"The dog was a tiny Chihuahua who was wearing clothing on top of the heat," Garza-Cox said.
She took photographs of the late evening sun baking the parking lot.
Garza-Cox said her two young daughters were really rattled by the dog's cries.
"We had to do something," Garza-Cox said.
She asked the theater staff for help, but then she said she called police when she learned taking action could lead to charges for damages.
She says the OnStar service popped the locks of the GMC vehicle after talking with police, but it took an hour to get the tiny, distressed dog out of the vehicle.
"I was clearly angry," Garza-Cox said.
There is a city ordinance making it illegal to leave a dog in danger, but Animal Care Services said to wait for help and don't break anyone’s property.
Joel Skidmore is a Field Operations Supervisor for Animal Care Services.
Skidmore said "Let us take the action. That way you as a private citizen aren't held accountable for any property damage. Let us worry about that."
ACS was called to help the dog, but they were cancelled before arriving because the dog was rescued.
The police officer who responded to the call did file a report, but it is not available yet, so what happened to the owner and the hot dog is not known at this time.
"She was shaken. She seemed weak," Garza-Cox said.
Skidmore said any dog owner who puts their pet at risk can face sanctions.
“It's not fine. It's not appropriate. You can't do it. You are going to face a citation and possibly going to jail.”
SAPD did provide the following material that explains the City Ordinance:
City Ordinance: Sec. 5-15. - Safety of animals in motor vehicles.
(a) No person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle; and if traveling in an unenclosed vehicle (including, but not limited to convertibles, pick-up trucks, jeeps, and flatbed trucks), the animal shall be confined by a vented container or cage, rope or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash.
(b) No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health or safety. Any animal care officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal's health or safety is endangered and said neglected or endangered animal shall be impounded.
(Ord. No. 2010-06-17-0555, § 1, 6-17-10; Ord. No. 2017-10-05-0755 , § 1, 10-5-17)