Hot Car Dogs - What Does "Imminent Danger" Mean?

Imminent Danger?

​Exactly what does that mean?

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Speak up. Silence is the voice of complicity.

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​The new Oregon law regarding breaking into hot cars to rescue dogs and children is short, simple, and to me, unclear.

The law says, in part, that the rescuer must have "a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm."

​What is "imminent danger"? Your opinion may differ greatly from mine.
​
I am aware of laws that say that in order to legally break into a hot car, the animal must be "in distress." That's pretty clear I think, and is very different from imminent danger. Imminent danger comes before distress. But to what degree?

Where the law states the dog must be in distress, you can't break the window just because you believe the animal to be in "imminent danger." He must be experiencing extreme suffering. "DISTRESS."

I wanted to get a clarification on this, so I tried The Humane Society (referred me to Animal Control), Animal Control (left a voice message), the Police Bureau (no answer) and finally, the office of Senator Manning Jr., one of the sponsors of the bill. (Reminded me of my old days out of college when I was a newspaper reporter, especially when he asked if I was with the media. LOL)

​His office checked with the Judiciary Council which said there was no clear definition. They offered to check court decisions for an answer and if not, they would refer to the "dictionary definition." They are to call me soon with an opinion and I will pass that on to you next week.

Interesting... 

Click here to see the law's other requirements

Here is the language of the full bill:

​79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session
 
Enrolled House Bill 2732
Sponsored by Representative CLEM; Representatives POST, RESCHKE, Senator MANNING JR
 
AN ACT Relating to a limitation on liability for entry into a motor vehicle; and declaring an emergency. Be It Enacted by the People of the State of Oregon:
 
SECTION 1. (1) As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360.
 
(2) A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person:
 
(a) Before entering the motor vehicle, determines that the motor vehicle is locked or there is no reasonable method for the child or animal to exit the motor vehicle without assistance;
 
(b) Has a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm;
 
(c) Before or as soon as is reasonably practicable after entering the motor vehicle, notifies law enforcement or emergency services;
 
(d) Uses no more force than is necessary to enter the motor vehicle and remove the child or animal; and
 
(e) Remains with the child or animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, emergency services or the owner or operator of the motor vehicle arrives.
 
(3) This section does not limit the liability of a person for gross negligence or for reckless, wanton or intentional misconduct.
 
(4) This section does not limit the liability of a peace officer as defined in ORS 161.015.
 
SECTION 2. Section 1 of this 2017 Act applies only to entries into motor vehicles occurring on or after the effective date of this 2017 Act.
 
SECTION 3. This 2017 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2017 Act takes effect on its passage.

We all love and care about dogs and their well-being. I commend anyone who steps up to the plate to help dogs. We need to understand the law so we don't get into trouble. I'll be in touch next week with a clarification.

Speak up. Silence is the voice of complicity.