Does Delaware allow pet rescues from vehicles? What state law says, who can intervene

If you see a pet waiting in a hot car, your first instinct might be to rescue it, but this could be a costly mistake.

While most states have laws prohibiting leaving pets unattended in vehicles on hot or cold days, some also have laws about who can rescue endangered furry friends and a hefty fine and/or mark on your record for violating them.

Here’s what to know so you don’t get into a tricky situation the next time you see a pup locked in a vehicle.

Animal “hot car” laws

Thirty-one states have laws dealing with animals left in unattended vehicles or those who rescue them, according to Michigan State University College of Law’s Animal Legal & Historical Center, with some states allowing anyone to rescue a pet in distress and others allowing only a protected group to do so.

Delaware law says that “confining an animal unattended in a standing or parked motor vehicle in which the temperature is either so high or so low as to endanger the health or safety of the animal” is considered a class a misdemeanor. “Animal” does not include fish, crustaceans or mollusca, according to the Delaware Code.

Delaware is one of 21 states with a law allowing only certain public officials the right to rescue pets in unattended vehicles with conditions “that are likely to cause suffering, injury or death to the animal,” granting them civil immunity from any car damages during the rescue. Delaware specifies police officers, animal cruelty investigators, animal control officers and firefighters and those allowed to act.

Once the animal is removed, Delaware law requires the person to use reasonable means to contact the owner. If they are unable to do so, they can take the animal to a shelter, but must leave a note with their name and office and the address of where the animal was taken. The vehicle and pet owner are not liable for any injuries sustained by the rescuer.

Fines range, but if a resident not included in the exemption above attempts to rescue an animal from a car, they could lose up to $2,000 or even be sued. Exact legal action afterward depends on the situation and the severity of the damage.

Safety tips for pets in the heat:Heat wave: What to know when extreme hot weather is forecasted

“Good Samaritan” laws

A third type of “hot car” law is “Good Samaritan” laws that protect anyone, including uncredentialed civilians, who rescue pets from dangerous situations in vehicles.

More than a dozen states have “Good Samaritan” laws, but most only permit the rescue of “domestic” animals, which vary by state. These laws also include specific requirements, according to Animal Legal Defense Fund, such as:

• Having reasonable belief that the animal’s health or life is at imminent risk

• Contacting law enforcement before attempting to get into the vehicle

• Using only the needed amount of force to enter the vehicle

• Remaining in a safe location with the animal until law enforcement arrives

Most “Good Samaritan” laws only provide civil immunity, meaning the vehicle or animal’s owner cannot sue to recover the cost of the damages. Unless the law also provides criminal immunity, rescuers could still be prosecuted for trespassing, property damage or other applicable crimes, which means it is best to contact law enforcement before taking any action, reports Animal Legal Defense Fund.

Delaware is not one of the states with “Good Samaritan” laws.

Got a tip or a story idea? Contact Krys'tal Griffin at kgriffin@delawareonline.com.