Owner ticketed for leaving pup in car

AUSTIN (KXAN) - An Austin man who left his three-week-old puppy in an SUV in the Whole Foods parkinglot has been issued a citation under a little-known city ordinance, officials said Thursday.

The puppy suffered mild dehydration, but no further injuries , and so was returned to the owner after about a week in foster care.

The owner, whose name was not available early Thursday, was ordered to pay the Town Lake Animal Center $175 for the care of the puppy.

He could also be fined up to $500 for violating a city ordinance that makes it illegal to endanger an animal by leaving it in a vehicle with high heat, cold temps or low ventilation. He was ticketed under the ordinance, but it was not clear what his fine would be.

The puppy was left in the SUV on Aug. 13, on a day when the temperatures threatened to pass 100 degrees.  His owners had only owned him for a day. The back window was cracked open, but it was unclear how long the dog was in the vehicle. When it was discovered by passersby and rescued by police (who broke into the car), it had crawled under a seat.

Because the puppy was not hurt, and because police determined that the owner didn't have any malicious intent when he left the puppy, authorities said they won't charge him with animal cruelty.

Below is the city ordinance regarding dogs in cars. The (B) section in bold type is the part of the ordinance that applies to this case.

3-2-6 SAFETY OF ANIMALS IN MOTOR VEHICLES AND ENCLOSED SPACES.
(A) A person may not transport an animal in a motor vehicle on a public roadway unless:

(1) the animal is safely enclosed within the vehicle; or

(2) if the animal is transported in an unenclosed vehicle, including a convertible, pick-up truck, flatbed truck, or motorcycle, the animal shall be confined in a secure and appropriately sized vented container or confined in a manner that prevents the animal from falling or jumping from the vehicle or otherwise being injured.

(B) A person may not keep an animal in a motor vehicle or other enclosed space in which the animal's health or life is endangered by high temperature, low temperature, or inadequate ventilation.

      (1) A peace officer or animal control officer may, after attempting to locate the animal's owner, remove the animal from a vehicle or enclosed space using any reasonable means, including breaking a window or lock. If professional services are required to remove the animal, the owner is responsible for the cost.

      (2) A peace officer or animal control officer who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage.