HomeMy WebLinkAboutOrdinance 5782ORDINANCE NO. 5782
AN ORDINANCE TO AMEND CHAPTER 92 ANIMALS OF THE
FAYETTEVILLE CITY CODE TO PROVIDE PROTECTION FOR ANIMALS
FROM BEING CONFINED IN ENCLOSED VEHICLES IN EXTREME
TEMPERATURES, TO PROHIBIT DECEPTIVE ACTS AND
MISREPRESENTATIONS REGARDING THE ORIGIN OF ANIMALS
TURNED INTO THE FAYETTEVILLE ANIMAL SHELTER, AND TO MAKE
OTHER TECHNICAL REVISIONS
WHEREAS, the City should protect animals confined in vehicles during periods of extreme
temperatures; and
WHEREAS, the Fayetteville Animal Shelter staff have experienced a large number of people
attempting to turn in animals to the shelter who are not Fayetteville residents or who found the
animal outside of the Fayetteville city limits, which creates an undue burden on shelter resources
and makes reunification much more difficult; and
WHEREAS, additional revisions to this section to clarify procedures regarding microchipping,
redemption of animals, spaying and neutering, and penalties for violations of this section will
provide clarity to staff and Fayetteville residents and also improve the efficiency of the Animal
Services program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.02(G)
of the Fayetteville City Code as follows:
92.02(G) No person shall:
(1) Confine an animal in an unattended, enclosed vehicle where the outside temperature is 70
degrees Fahrenheit or greater and the interior of the vehicle is not provided with conditioned air or
adequate ventilation to maintain an internal temperature of 100 degrees Fahrenheit or less.
(2) Confine an animal in an unattended vehicle where the outside temperature is 30 degrees
Fahrenheit or less and the interior of the vehicle is not provided with heated air to maintain an
internal temperature of at least 30 degrees Fahrenheit.
Page 2
Ordinance No. 5782
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.42 of
the Fayetteville City Code as follows:
92.42. Deceptive acts and misrepresentations prohibited.
(a) No person shall obtain possession or custody of any domestic animal for or on behalf of
the owner thereof for the purpose of avoiding payment of fees or penalties imposed upon the owner
by this chapter.
(b) No person shall intentionally misrepresent his or her residency to the personnel of the
Fayetteville Animal Shelter.
(c) No person shall intentionally make any misrepresentation regarding the origin of an animal
being presented to the Fayetteville Animal Shelter.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.23(B),
§ 92.24(A), § 92.24(D), and § 92.99(A) as shown in Exhibit "A" attached hereto and made a part
hereof.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends the terms
"destroy" or "destroyed" to "euthanize" or "euthanized" where they occur in § 92.04(B),
§92.23(B), and § 92.24(A).
PASSED and APPROVED this 7`b day of July, 2015.
APPROVED: / ATTEST:
4� By: �L.uGia & /""�
O AN, Mayor SONDRA E. SMITH, City Clerk Trcaj�wj,,,,,,
zU�
: FAYETEVILI i
p�.,y -kANs • ,
EXHIBIT A
§ 92.23(B) Whenever any animal in the animal shelter has been microchipped, it shall be the
duty of the animal control officer to notify the owner or the person to whom the microchip is
registered, if such person or owner can be found, that the animal has been taken up and placed in
the animal shelter and will be euthanized or placed for adoption within 7 days unless the fee
hereinafter prescribed is paid. If the owner or person to whom the microchip is registered cannot
be found, the animal control officer shall, by registered mail sent to said person's last known
address, notify said person that the animal has been impounded at the animal shelter, and will be
euthanized or placed for adoption within 7 days if the fee hereinafter prescribed is not paid. For
the purpose of this section, the first day of taking up shall be counted as the first day of the
impoundment period provided herein.
§ 92.24(A) After the expiration of seven (7) days impoundment in the case of a microchipped
animal, or the expiration of five (5) days impoundment in the case of an non-microchipped animal,
said animal shall become the property of the City, and the City shall be empowered to place for
adoption or to euthanize and dispose of said animal as provided for in §92.23 (B) above. The
animal control officer is hereby authorized to place for adoption or to euthanize such animal and
dispose of the carcass. For the purpose of this section, the day of taking up shall be counted as the
first day of the impoundment.
§ 92.24(D) Pursuant to Ark. Code Ann. § 20-19-103, no unclaimed dog or cat shall be released
for adoption without being sterilized, or without a written agreement from the adopter
guaranteeing that such animal will be sterilized, and after the adoption fee has been paid. An
adopter who fails to comply with the sterilization provision of the agreement shall be guilty of a
misdemeanor.
§ 92.99 (A) Whenever in this chapter an act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or whenever in such chapter the doing of an act is required or the
failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the
violation of any such provision of this chapter shall be punished by a fine of not more than $500.00
or double that sum for each repetition of such offense, or violation; provided, no penalty shall be
greater or less than the penalty provided for the same or a similar offense under the laws of the
state but in no case shall any penalty be less than $50.00. If the violation of the chapter is, in its
nature, continuous in respect to time, the penalty for allowing the continuation thereof shall not
exceed $250.00 for each day that the same is unlawfully continued.
EXHIBIT A
§ 92.23(B) Whenever any animal in the animal shelter has been microchipped, it shall be the
duty of the animal control officer to notify the owner or the person to whom the microchip is
registered, if such person or owner can be found, that the animal has been taken up and placed in
the animal shelter and will be destroyed or placed for adoption within 7 days unless the fee
hereinafter prescribed is paid. If the owner or person to whom the microchip is registered cannot
be found, the animal control officer shall, by registered mail sent to said person's last known
address, notify said person that the animal has been impounded at the animal shelter, and will be
destroyed or placed for adoption within 7 days if the fee hereinafter prescribed is not paid. For
the purpose of this section, the first day of taking up shall be counted as the first day of the
impoundment period provided herein.
§ 92.24(A) After the expiration of seven (7) days impoundment in the case of a microchipped
animal, or the expiration of five (5) days impoundment in the case of an non-microchipped animal,
said animal shall become the property of the City, and the City shall be empowered to place for
adoption or to destroy and dispose of said animal as provided for in §92.23 (B) above. The animal
control officer is hereby authorized to place for adoption or to destroy such animal and dispose of
the carcass. For the purpose of this section, the day of taking up shall be counted as the first day
of the impoundment.
§ 92.24(D) Pursuant to Ark. Code Ann. § 20-19-103, no unclaimed dog or cat shall be released
for adoption without being sterilized, or without a written agreement from the adopter
guaranteeing that such animal will be sterilized, and after the adoption fee has been paid. An
adopter who fails to comply with the sterilization provision of the agreement shall be guilty of a
misdemeanor.
§ 92.99 (A) Whenever in this chapter an act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or whenever in such chapter the doing of an act is required or the
failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the
violation of any such provision of this chapter shall be punished by a fine of not more than $500.00
or double that sum for each repetition of such offense, or violation; provided, no penalty shall be
greater or less than the penalty provided for the same or a similar offense under the laws of the
state but in no case shall any penalty be less than $50.00. If the violation of the chapter is, in its
nature, continuous in respect to time, the penalty for allowing the continuation thereof shall not
exceed $250.00 for each day that the same is unlawfully continued.
City of Fayetteville, Arkansas 113 West Mountain Street
.,. ,. Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0256
Agenda Date: 7/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
AMEND CHAPTER 92 ANIMALS
AN ORDINANCE TO AMEND CHAPTER 92 ANIMALS OF THE FAYETTEVILLE CITY CODE
TO PROVIDE PROTECTION FOR ANIMALS FROM BEING CONFINED IN ENCLOSED
VEHICLES IN EXTREME TEMPERATURES, TO PROHIBIT DECEPTIVE ACTS AND
MISREPRESENTATIONS REGARDING THE ORIGIN OF ANIMALS TURNED INTO THE
FAYETTEVILLE ANIMAL SHELTER, AND TO MAKE OTHER TECHNICAL REVISIONS
WHEREAS, the City should protect animals confined in vehicles during periods of extreme
temperatures; and
WHEREAS, the Fayetteville Animal Shelter staff have experienced a large number of people
attempting to tum in animals to the shelter who are not Fayetteville residents or who found the animal
outside of the Fayetteville city limits, which creates an undue burden on shelter resources and makes
reunification much more difficult; and
WHEREAS, additional revisions to this section to clarify procedures regarding microchipping,
redemption of animals, spaying and neutering, and penalties for violations of this section will provide
clarity to staff and Fayetteville residents and also improve the efficiency of the Animal Services
program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section L That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.02(G) of the
Fayetteville City Code as follows:
92.02(G) No person shall:
(1) Confine an animal in an unattended, enclosed vehicle where the outside temperature is 70
degrees Fahrenheit or greater and the interior of the vehicle is not provided with conditioned air
or adequate ventilation to maintain an internal temperature of 100 degrees Fahrenheit or less.
(2) Confine an animal in an unattended vehicle where the outside temperature is 30 degrees
Fahrenheit or less and the interior of the vehicle is not provided with heated air to maintain an
internal temperature of at least 30 degrees Fahrenheit.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.42 of the
Fayetteville City Code as follows:
City or Fayetteville, Arkansas Pagel s Priniedon"812015
File Number: 2015-0256
92.42. Deceptive acts and misrepresentations prohibited.
(a) No person shall obtain possession or custody of any domestic animal for or on behalf of the
owner thereof for the purpose of avoiding payment of fees or penalties imposed upon the owner
by this chapter.
(b) No person shall intentionally misrepresent his or her residency to the personnel of the
Fayetteville Animal Shelter.
(c) No person shall intentionally make any misrepresentation regarding the origin of an animal
being presented to the Fayetteville Animal Shelter.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.23(B), §
92.24(A), § 92.24(D), and § 92.99(A) as shown in Exhibit "A" attached hereto and made a part hereof.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends the terms
"destroy" or "destroyed" to "euthanize" or "euthanized" where they occur in § 92.04(B), § 92.23(B),
and § 92.24(A).
City o/Fayettevi0e, Arkansas Page 2 Printed on 9/25/2015
City of Fayetteville Staff Review Form
2015-0256
Legistar File ID
6/16/2015
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Justine Lentz
Submitted By
5/15/2015 Animal Services /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
(1) Approval of proposed changes to Chapter 92: Animals, see attached detail. (2) Approval of two new sections;
"92.02 (G)" which sets limits for leaving pets unattended in vehicles and, "92.42 Deceptive acts and
misrepresentations prohibited."
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? No
Current Budget
$
Funds Obligated
$
Current Balance
Does item have a cost? NA
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
WettvIlle
ARKANSAS
MEETING OF JUNE 16, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Yolanda Fields, Director of Community Resources
Jeremy Pate, Director of Development Services
FROM: Justine Lentz, Animal Services Superintendent
DATE: 5/15115
SUBJECT: Approval of revisions and two additions to Chapter 92: Animals
RECOMMENDATION:
Staff recommends approval of revisions to Chapter 92: Animals and the addition of two new
sections 92.02 (G) which sets limits for leaving pets unattended in vehicles and, "92.42
Deceptive acts and misrepresentations prohibited."
BACKGROUND:
Staff reviewed Chapter 92: Animals and identified four areas where amendments would make
the ordinances clearer and/or better improve the efficiency of the Animal Services program.
DISCUSSION:
The first section we are proposing to amend is 92.23(B) which concerns the impounding of
dogs or cats that are found running at large. Most of the changes are to update language that
was previously missed when we eliminated city tags and approved mandatory microchipping in
2011. The only substantive change would be to lower the holding period for microchipped pets
from 10 days to 7 days. This change would allow us to move animals through our shelter more
quickly, not leaving them in limbo, while still allowing the owners ample time to come and
reclaim their pet(s). The shelter is open six days a week and our animal control officers work
seven days a week.
The second proposed amendment is to section 92.24(A) Redemption of Animals. This change
is just to make sure the language regarding the holding period reflects the change from 10 days
to 7 days for microchipped animals.
The third proposed amendment involves striking a portion of language about issuing vouchers
for spay/neuter services in 92.24(D) Redemption of Animals. This is not a practice the shelter
has had for at least ten tears since we have our own Veterinarian on staff.
The final proposed amendment is to 92.99 (A) Penalty which would add language to specify a
minimum penalty of $50, where now there is no minimum. There is a limit of $500 per violation
built into the ordinance already, with the possibility of double that amount for repeat violations.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
There are two new proposed sections. The first is an addition to the existing 92.02 Animal Care
section which would add subsection (G) to add a specific prohibition against confining an animal
in an enclosed vehicle where the outside temperature is 70 degrees or greater and the interior
of the vehicle is not provided with conditioned air or adequate ventilation to maintain an internal
temperature of 100 degrees or less. There is also a correlating section to prevent leaving
animals in the same situation in cold weather with the limits being an outside temperature of 30
degrees and the internal vehicle temperature would need to be maintained at more than 30
degrees. The temperature guidelines were arrived at after careful research and consideration
as well as consultation with colleagues, by the staff veterinarian, Dr. Henley.
While humans cool themselves by way of sweating and evaporation, dogs and other animals
have a much more difficult time staying cool and this leaves them much more susceptible to
heatstroke. A study published in Pediatrics in 2005 showed that regardless of outside air
temperatures (measured 72 to 96°F), temperatures inside a car increased an average of 40°F
within an hour with 80% of the temperature rise occurring during the first 30 minutes. For
outside temperatures from 74°F and higher, it took less than 30 minutes for temperatures to rise
above 110°F — temperatures that are deadly to animals and children. Many people think that
parking in the shade, cracking the windows, or running the air conditioner from home to the
store will keep their pets safe from the heat. However, this study also demonstrated that this did
not impact the rate at which the temperature increased inside a vehicle.
Beyond the damage to the animals left in vehicles, these complaints are almost always
accompanied by a very upset complainant who, in turn, can become very combative when told
that there is no specific provision against this activity. Often they threaten to take matters into
their own hands by breaking and entering the vehicle to remove the pet(s).
Currently our policy is to dispatch an animal control officer to do a conditions check on the
animal; this is considered an emergency (priority one) call. They will observe the pet to see if
there are any signs of possible heatstroke (excessive panting and/or drooling, trouble breathing,
disorientation, loss of consciousness, seizure or darkening of the tongue) if they see such signs
and are able to remove the animal they will. Otherwise, they call dispatch for an emergency
police assist. If no visible signs of heatstroke are present, the officer will take an internal
reading of the temperature inside the vehicle. If the temperature is over 103 degrees, it is
considered too hot, and a police officer will be requested to assist in removing the animal. In
the meantime, our animal control officer makes every effort to locate the owner and make
contact.
Lastly, we are proposing to add a new section entitled "Deceptive acts and misrepresentations
prohibited." This is based off of an ordinance that the city of Lowell passed last year to good
effect. Essentially the new section would provide that it would be a misdemeanor to
intentionally misrepresent to shelter staff your residency or the origin of animal that a person is
trying to turn into the shelter. We are having a high number of people who bring animals to our
city shelter that do not live in city limits or they found the animal far outside city limits and they
lie to get staff to accept the pet and then later, through investigation mainly through social media
or Craigslist, we find out that the animal was from another municipality or even state. This not
nnly rraatac it undue_bLirden�rces,_it alcnLora raft .eli[pjnatec th„ .,,. hanrac.nUha}
pet being reunited with their owners. The new section would also provide against someone
obtaining custody of a pet for someone else specifically to avoid that true owner having to pay
fees or penalties.
References: Pediatrics Vol. 116 No. 1 July 1, 2005 pp. e109 -e112
BUDGET/STAFF IMPACT:
n/a
Attachments:
Proposed revisions and additions to Chapter 92: Animals
New 92.02(G) No person shall:
(1) Confine an animal in an unattended, enclosed vehicle where the outside temperature is 70
degrees Fahrenheit or greater and the interior of the vehicle is not provided with
conditioned air to maintain an internal temperature of 80 degrees Fahrenheit or less.
(2) Confine an animal in an unattended vehicle where the outside temperature is 30 degrees
Fahrenheit or less and the interior of the vehicle is not provided with heated air to
maintain an internal temperature of more than 30 degrees Fahrenheit.
Amend 92.23(B) Whenever any animal in the animal shelter bears a city taghas been
microchipped, it shall be the duty of the animal control officer to notify the owner or the person
to whom the tag was issued, if such person or owner can be found, that the animal has been taken
up and placed in the animal shelter and will be destroyed or placed for adoption within 1-0-7 days
unless the fee hereinafter prescribed is paid. If the owner or person to whom the tag was
issuedmicroehip is registered cannot be found, the animal control officer shall, by registered mail
sent to said person's last known address, notify said person that the animal has been impounded
at the animal shelter, and will be destroyed or placed for adoption within 4 -O --days if the fee
hereinafter prescribed is not paid. For the purpose of this section, the first day of taking up shall
be counted as the first day of the impoundment period provided herein.
Amend 92.24(A) After the expiration of ten -seven (4-07) days impoundment in the case of a
microchipped animal, or the expiration of five (5) days impoundment in the case of an non-
microchipped animal, said animal shall become the property of the City, and the City shall be
empowered to place for adoption or to destroy and dispose of said animal as provided for in
§92.23 (B) above. The animal control officer is hereby authorized to place for adoption or to
destroy such animal and dispose of the carcass. For the purpose of this section, the day of
taking up shall be counted as the first day of the impoundment.
Strike 92.24(D) No unclaimeddog u be released for adoption without being sterilized
ear -without a-wt4tttewaei ei-Went-f ern. fie-adepte t+amnteeing that such-animal-wi#-be stet i1azed;
acrd-afle+•-theacitapt+c>n-itMet hatrbeea-pairrl-vcit�bet --wi N-lie-issrteti-t<r tbe>-adopterzl+3d sait4
wstehe rray Fie ed--at the t+rue to li ed-Awadep wk*fails-ttre€*mPlY-wiih-tire
sterilization provision ,.fthe. agreement shall beguile misdemeanor.
New 92.42. Deceptive acts and misrepresentations prohibited
(a) No person shall obtain possession or custody of any domestic animal for or on behalf of
the owner thereof for the purpose of avoiding payment of fees or penalties imposed upon
the owner by this chapter. Penalties for violation of this section shall be assessed against
both the owner of such animal and the person in possession and custody of the animal.
(b) No person shall intentionally misrepresent his or her residency to the personnel of the
Fayetteville Animal Shelter.
(c) No person shall intentionally make any misrepresentation regarding the origin of an
animal being presented to the Fayetteville Animal Shelter.
Amend 92.99 (A) Whenever in this chapter an act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor, or whenever in such chapter the doing of an act is
required or the failure to do any act is declared to be unlawful, and no specific penalty is provided
therefor, the violation of any such provision of this chapter shall be punished by a fine of not more
than $500.00 or double that sum for each repetition of such offense, or violation; provided, no
penalty shall be greater or less than the penalty provided for the same or a similar offense under
the laws of the state but in no case shall any penalty be less than $50.00. If the violation of the
chapter is, in its nature, continuous in respect to time, the penalty for allowing the continuation
thereof shall not exceed $250.00 for each day that the same is unlawfully continued.
PEDIATRICS
Heat Stress From Enclosed Vehicles: Moderate Ambient Temperatures Cause
Significant Temperature Rise in Enclosed Vehicles
Catherine McLaren, Jan Null and James Quinn
Pediatrics 2005;116;e 109
DOT: 10.1542/peds.2004-2368
The online version of this article, along with updated information and services, is
located on the World Wide Web at:
http://pedintrics.aapp ubli cations.orgleon tent/116/1/e109.full.htm l
PEDIATRICS is the official journal of the American Academy of Pediatrics. A monthly
publication, it has been published continuously since 1948. PEDIATRICS is owned,
published, and trademarked by the American Academy of Pediatrics, 141 Northwest Point
Boulevard, Elk Grove Village, Illinois, 60007. Copyright ® 2005 by the American Academy
of Pediatrics. All rights reserved. Print ISSN: 0031-4005. Online ISSN: 1098.4275.
American Academy of Pediatrics
DEDICATED 'r0 THE HEALTH OF ALL CHILDREN"
Downloaded from pediatrics.aappublications.org by guest on April 21, 2015
Heat Stress From Enclosed Vehicles: Moderate Ambient Temperatures
Cause Significant Temperature Rise in Enclosed Vehicles
Catherine McLaren, MD*; Jan Null, CCMt; and James Quinn, MD*
ABSTRACT. Objective. Each year, children die from
heat stroke after being left unattended in motor vehicles.
In 2003, the total was 42, up from a national average of 29
for the past 5 years. Previous studies found that on days
when ambient temperatures exceeded 86°F, the internal
temperatures of the vehicle quickly reached 134 to 154°F.
We were interested to know whether similarly high tem-
peratures occurred on clear sunny days with more mod-
erate temperatures. The objective of this study was to
evaluate the degree of temperature rise and rate of rise in
similar and lower ambient temperatures. In addition, we
evaluated the effect of having windows "cracked" open.
Methods. In this observational study, temperature
rise was measured continuously over a 60 -minute period
in a dark sedan on 16 different clear sunny days with
ambient temperatures ranging from 72 to 96°F. On 2 of
these days, additional measurements were made with the
windows opened 1.5 inches. Analysis of variance was
used to compare how quickly the internal vehicle tem-
perature rose and to compare temperature rise when win-
dows were cracked open 1.5 inches.
Results. Regardless of the outside ambient tempera-
ture, the rate of temperature rise inside the vehicle was
not significantly different. The average mean increase
was 3.2°F per 5 -minute interval, with 80% of the temper-
ature rise occurring during the first 30 minutes. The final
temperature of the vehicle depended on the starting am-
bient temperature, but even at the coolest ambient tem-
perature, internal temperatures reached 117°F. On aver-
age, there was an --40°F increase in internal temperature
for ambient temperatures spanning 72 to 96°F. Cracking
windows open did not decrease the rate of temperature
rise in the vehicle (dosed: 3.4°F per 5 minutes; opened:
3.1°F per 5 minutes or the final maximum internal tem-
perature.
Conclusions. Even at relatively cool ambient temper-
atures, the temperature rise in vehicles is significant on
clear, sunny days and puts infants at risk for hyperther-
mia. Vehicles heat up rapidly, with the majority of the
temperature rise occurring within the first 15 to 30 min-
utes. Leaving the windows opened slightly does not sig-
nificantly slow the heating process or decrease the max-
imum temperature attained. Increased public awareness
and parental education of heat rise in motor vehicles may
reduce the incidence of hyperthermia death and improve
From the 'Division of Emergency Medicine, Stanford University, Palo Alto,
California; and the 'Department of Geoscience, San Francisco State Univer-
child passenger safety. Pediatrics 2005;116:e109 -e112.
URL; www.pediatrics.org/cgi/doi/10.1542/peds.2004-2368;
child passenger safety, injury prevention and control, hy-
perthennia.
ABBREVIATION. CI, confidence interval.
Every year, children die from heat stroke after
being left unattended in a vehicle. From 1998 to
2002, the average number was 29 children per
year (Fig 1). In 2003, this number increased to 42 (Fig
2) and was 35 in 2004. In addition to death, it is
estimated that annually hundreds of children expe-
rience varying degrees of heat illness from being left
in cars.' This danger exists despite public education
efforts and lobbying for laws against leaving chil-
dren unattended in vehicles. In a survey performed
by Roberts and Roberts,2 approximately one quarter
of interviewed women who had infants or toddlers
admitted to leaving their children unattended in
cars.
Previous studies have examined the internal envi-
ronment of motor vehicles. King et a13 found that in
an ambient temperature of 36.8°C (98.2°F), 75% of the
maximum temperature rise occurred within 5 min-
utes of closing the doors and maximized within 15
minutes to 51 to 67°C (124-153°F). Opening the win-
dows 20 cm (-8 inches) had minimal effect on the
temperature rise and maximum temperature at-
tained. Roberts and Roberts2 had similar findings.
Most studies examined temperature rise on days
with ambient temperatures >90°F, except for the
study of Robert and Roberts, in which the ambient
temperature was 83°F. These studies show that, not
surprising, significant heat rise occurs on hot days.
We hypothesized, however, that even on cooler
days, the risk for heat illness is significant inside a
vehicle. This study was designed to quantify the
amount and the rate of heating inside vehicles over a
broader range of ambient temperatures. We also
sought to determine whether "cracked" windows
made any difference on the heating of vehicles, be-
cause in a survey, fewer than one third of mothers
would leave the windows half open because of theft
slay, San Francisco, California. concerns.
Accepted for publication Feb 14, 2005.
do::! 0. 154 I pec x. c
No conflict of interest declared. METHODS
Address correspondence to Catherine McLaren, MD, Division of Emer-
gency Medicine, Stanford University, (C.M.) 701 Welch Ed, Building C, Palo Study Design
Alto, CA 94304. E-mail: cmclarenl8GJyahoo.com This was an observational study in which we measured the
PEDIATRICS (ISSN 0031 4005). Copyright @2005 by the American Aced- interior vehicle temperature on 16 different cloud -free days be-
emy of Pediatrics. tween May 16 and August 8, 2002, in Fremont, California. Ambi-
www.pediatrics.org/cgildoi/IQ.1542/.r'eds.2004-2365 PEDIATJIC$ Vol 176 No. 1 July 2005 e109
m pediatrics.aappublications.org by guest on April 21, 2015
C,
'0
a
i
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z
1996 19'99 2000 tom 2002 2003 2na4
Year
Fig 1. Annual vehicle -related hyperthermia fatalities in children.
ent temperatures ranged from 72 to 96°F. The vehicle was parked
in full sun, oriented 45 degrees to the sun's rays to minimize direct
sunlight through the windshield. Internal vehicle temperature
was measured continuously from time 0 to 1 hour. Temperature
was recorded at time 0 and every 5 minutes for I hour. The vehicle
was a dark -blue 2000 Honda Accord with medium -gray interior
and without tinted windows. Recordings were made with closed
windows on 16 different days. On 2 of these days, recordings were
made first with the windows closed. Then the doors were opened
to return the vehicle to ambient temperature, and a second hour of
measurements was made with the windows cracked 1.5 inches. It
was ensured that no significant change in ambient temperature
occurred during these 2 hours.
Data Collection
Ambient temperature was recorded continuously with a Davis
Instruments Vantage Pro Sensor Suite. Wireless temperature sen-
sors were placed in the test vehicles in the rear passenger section
—15 inches above the seat, in the shade and not in direct contact
with any part of the car. The temperature sensors had a resolution
of 1°F and accuracy of a 1°F. All recorded data were transmitted to
the Vantage Pro base station.
iv
Statistical Analysis
Data were recorded on an excel spreadsheet (Microsoft Corp,
Seattle, WA) and imported into SPSS 11.0 (Chicago, IL) for statis-
tical analysis. Analysis of variance evaluated for differences in the
rate of temperature rise and final enclosed temperatures for the
varying ambient temperatures. Analysis of variance was also used
to compare the rate of temperature rise and maximum tempera-
ture attained with windows cracked open or closed. The record-
ings on the 2 separate days for these measures were averaged at
each 5 -minute interval, before analysis.
RESULTS
Rate of Temperature Rise Versus Ambient Temperature
Regardless of the ambient temperature, the rate of
internal vehicle temperature rise was similar (P =
1.0). Figure 3 shows how the slope of the tempera-
ture over time was virtually the same for the differ-
ent ambient temperatures. Eighty percent of the tem-
perature rise occurred during the first 30 minutes (P
< .0001).
The effect of air conditioning the vehicle before
start of measurements was negligible. In preliminary
measurements, the vehicle consistently reached am-
bient temperatures within 5 minutes of the air con-
ditioning's being turning off and then would heat up
at a similar rate to non —air-conditioned cases.
Final Internal Vehicle Temperature Versus Ambient
Temperature
The maximum internal temperature was attained
at —60 minutes of exposure in our study. We also
found that the final vehicle temperature was depen-
dent on the initial ambient temperature. In addition,
an average 41°F (range: 28-49°F) increase from start-
ing ambient temperature occurred for the ambient
temperature range of 72 to 96°F.
Comparison of Closed Versus Cracked Open Windows
Figure 4 illustrates a nonsignificant trend to faster
heating in the first 20 minutes with the windows
TTV
"I 1.
:i
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' nattended Childre
, / ❑ Existing Law
`—t O S- t --' ^ids 0 Proposed Law
~ --� ) ;� '.a\ I Only w/ Injury
Fig 2. Location of 42 vehicle -related hyperthermia deaths of children hi 2003. States are color -coded by status of legislation for leaving
a child unattended in a vehicle.
e110 HEAT STRESS FROM ENCt,QSED VEHICLES
Downloadea rrom pediatnes.aappuhlications.org by guest on April 21, 2015
140
130
� I20
y I Ambiem
Fig 3. Representative vehicle temperature rise over n . mmpe,arorc
time. tE 1003 .. 73
y 14
r' 7a
—as
—93
70 _.. _...!_.__.. .... .. _
0 5 10 15 20 25 30 35 40 45 50 55 60
Elapsed Time (min.)
90
iperature
—Ambient
—Cracked Fig 4. Interior vehicle temperature over time: closed
Ck cd versus cracked windows.
0 5 10 15 20 25 30 35 40 45 50 55 60
Elapsed Time (min.)
closed 6.25°F per 5 minutes (95% confidence interval
[CI]: 1.0-11.5) versus 5.5°F per 5 minutes (95% Cl:
1.2-9.8) with the windows cracked open. However,
overall, the rate of temperature rise for windows that
were cracked open was 3.4°F per 5 minutes (95% Cl:
2.4-4.4°F) compared with the rate for closed win-
dows of 3.1°F per 5 minutes (95% Cl: 1.4-4.8°F), with
the final temperature for both circumstances being
identical.
DISCUSSION
We demonstrated that on sunny days, even when
the ambient temperature is mild or relatively cool,
there is rapid and significant heating of the interior
of vehicles. On days when the ambient temperature
was 72°F, we showed that the internal vehicle tem-
perature can reach 117°F within 60 minutes, with
minutes. In general, after 60 minutes, one can expect
an --40°F increase in internal temperatures for am-
bient temperatures spanning 72 to 96°F, putting chil-
dren and pets at significant risk. We also determined
that cracking open windows is not effective in de-
creasing either the rate of heat rise or the maximum
temperature attained.
The exact affect of such temperatures on infants is
unknown, but from case reports, we know that they
can be devastating. We do know that heat illness is a
continuum that is divided into 3 phases. The mildest
form is heat stress, the physical discomfort and phys-
iologic strain as a result of a hot environment. Next is
heat exhaustion, a mild to moderate illness associ-
ated with dehydration and a core temperature rang-
ing from 37°C to 40°C. Symptoms of heat exhaustion
include intense thirst, weakness, discomfort, anxiety,
dizziness, fainting, and headache. Finally, heat
stroke is a life -threatening illness characterized by an
elevated core body temperature >40°C with central
nervous system dysfunction. resulting in delirium,
convulsions, coma, and death.4
heat illness than adults for several reasons. Physio-
logically, toddlers and infants, despite their in-
creased body surface area to mass ratio, seem to have
less effective thermoregulation in comparison with
adults as proposed by Tsuzuki-Hayakawa and
www.gedia�rics.orr/cg�/d�»i10.75g2/peds.2004-2368 e111
Downloaded from pediatrics.aappubhcauo s.org y gue on pn I, 2015
Tochihara.5 In their study, they demonstrated that
children (aged between 9 months and 4.5 years) who
were placed for 30 minutes in rooms that were 35°C
(95°F) had a rectal temperature that increased more
rapidly and was significantly higher than their moth-
ers'. This was despite that children and infant per-
spire more by body mass in comparison with their
mothers. This finding was speculated to occur be-
cause smaller masses warm more quickly and that
young children have an immature thermoregulatory
system. In addition to the potential physical and
physiologic differences, adults have the ability to
modify behavior on the basis of the environment.
They can undergo cooling measures: take off excess
clothing, obtain cold drinks, and seek cooler environ-
ments (eg, get out of a hot car).
Although these results are significant numerically
and perhaps would be sufficient to influence paren-
tal behavior and perhaps lawmakers, the question
still remains as to what is an unsafe temperature for
an infant and how long until the infant experiences
adverse effects from a particular heat. Intuitively, it
would seem unconscionable to subject a child to an
117°F environment, and that is probably why the
literature is sparse in quantifying the effect of heat on
infants and children. As mentioned earlier, Tsuzuki-
Hayakawa and Tochihara5 found that infants and
young children developed significantly higher core
and surface body temperatures compared with their
mothers despite increased perspiration. Studies by
Levine and Ginandes6's proposed that a 12 -month -
old infant loses 1 to 2 mL/kg per hour through
perspiration at an ambient temperature of 86°F. In
studies of adults in extreme heat exposure, the max-
imum loss measured has been 10 to 20 mL/kg per
hour.9 it is thought that similar fluid loss is possible
in children and probably greater according to the
work of Tsuzuki-Hayakawa. This would conserva-
tively amount to a loss of 400 to 800 mL over a 4 -hour
period, or --4% to 8% dehydration of a 10 -kg infant.
Future study to evaluate heat stress in infants and
children would be difficult to do for obvious ethical
reasons, so although we may never know the rate of
dehydration and body temperature rise for infants
and children in enclosed vehicles, the risk is clear.
Our results were consistent with previous research
for similar temperature ranges except in 1 re-
spect? -3.10'11 King et a13 noted 75% of the maximum
stabilized temperature within 5 minutes of closing
the doors as opposed to our finding of 30 minutes
required for attaining 80"/c of the maximum temper-
ature. We believe that this difference occurred be-
cause their sensor was placed in direct sun, whereas
our sensor was in the shade. This suggests that if a
child were positioned in full sun, then the heat stress
would be greater and more rapid in onset than stated
here.
In addition to heat illness, leaving children unat-
such __ieReieNl=^i94-VelOleleN-�9rttetltetNttt^i 1SlE•fCil'•H#}ieF-1M1ti`tri;
as thermal burns from buckles, abduction, and
injury from the child's putting the car in motion or
operating power control features. The Morbidity and
Mortality Weekly Report found that 78 children died
from July 2000 to June 2001 from being left unat-
tended in or around motor vehicles. In addition,
there were 9160 nonfatal injuries reported. Of those
who died, —35% were attributable to heat illness and
82% were between the ages of 0 and 3 years.l2
Prevention of heat illness in children and poten-
tially other injuries is straightforward. Do not leave
them in the car. Parental attitudes and behavior may
be related to erroneous beliefs regarding the internal
heat rise of vehicles on milder and even cool sunny
days as well as the effects of cracking the windows.
Laws regarding kids in cars currently exist in 9 states
and are proposed in an additional 9.13 Although the
problem of nonexertional hyperthermia in children
pales in comparison with that of the top 3 causes of
unintentional death (motor vehicle accidents, drown-
ing, and burns) heat illness is conceivably easier to
prevent if their caregivers are aware of the danger. It
is worth considering incorporating this message
along with a discussion of the importance of car seats
as part of child passenger safety education for care-
givers. Legislation efforts may help to raise aware-
ness, but as these events are mostly unintentional,
additional public education effortsultimately are
necessary to decrease the incidence of this fatal yet
preventable behavior.
REFERENCES
1. Null J. Hyperthermia fatalities. Golden Gate Weather Services; 2003.
Available at: http://ggtveather.com/heat/hyperthermia2003.htm. Ac-
cessed November 2, 2003
2. Roberts KB, Roberts EC. The automobile and heat stress. Pediatrics.
197658:101-104
3. King K, Negus K, Vance JC. Heat stress in motor vehicles: a problem in
infancy. Pediatrics. 1981;68:579-582
4. Bouchama A, KnochclJP. Heat stroke. N Engl J Med. 2002;346:1978-1988
5. Tauxuki-Hayakawa K, Tochihara Y. Thermoregulation during heat ex-
posure of young children compared to their mothers. Lot'! App! Physiol.
1995,72:12-17
6. Levine SZ, Kelly M, Wilson JR. The insensible perspiration in infancy
and childhood. 2. Proposed basal standards for infants Am ) Dis Child,
1930;39:917
7. Levine SZ, Marples F. The insensible perspiration in infancy and in
childhood: BASAL metabolism and basal insensible perspiration of the
normal infant: a statistical study of reliability and of correlation. Am J
Dis Child. 1930;40¢69
8. Ginandes GJ, Topper A. Insensible perspiration in children: statistical
correlation of insensible perspiration and various body measurements:
proposed basal standards for children. Am J Dis Child. 1936,52:1335
9. Hardy JD. Physiology of temperature regulation. Physiol Rev, 1961,41:
521
10. Surpure JS. Heat -related illness and the automobile. Ann Emerg Med.
198211:263-266
11. Gibbs Ll, Lawrence DW, Kohn MA. Heat exposure in an enclosed
automobile. J Let State Mod Soc. 1995;147:545-546
12. Centers for Disease Control and Prevention. Injuries and deaths among
children left unattended in or around motor vehicles —United States,
July 2000 -June 2001. MMWR Mort Mortal Wkly Rep. 2002;51(26):
570-572. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/
mm5126a3.htm
13 Fennell J I e 'station Kids and cars. Available ab ww-w kidsandcars
org. Accessed November 2, 2003
14. banks DM, Webb DW, Allen J. Heat illness in infants and young
children. Br Med f. 1962;53:287-293
e112 HEAT STRESS FROM FNCLQSED VEHICLES
own ade rom pedlatrics.aappublications.org by guest on April 21, 2015
Exhibit A with Changes Tracked
Amend 92.23(B) Whenever any animal in the animal shelter beam a city taghas been
microchipped, it shall be the duty of the animal control officer to notify the owner or the person
to whom the tag was issuedmicrochip is registered, if such person or owner can be found, that
the animal has been taken up and placed in the animal shelter and will be destroyed or placed for
adoption within 4-0-7 days unless the fee hereinafter prescribed is paid. If the owner or person to
whom the swag issuedmicrochip is registered cannot be found, the animal control officer shall,
by registered mail sent to said person's last known address, notify said person that the animal has
been impounded at the animal shelter, and will be destroyed or placed for adoption within 3&7
days if the fee hereinafter prescribed is not paid. For the purpose of this section, the first day of
taking up shall be counted as the first day of the impoundment period provided herein.
Amend 92.24(A) After the expiration of tee -seven (3-07) days impoundment in the case of a
microchipped animal, or the expiration of five (5) days impoundment in the case of an non-
microchipped animal, said animal shall become the property of the City, and the City shall be
empowered to place for adoption or to destroy and dispose of said animal as provided for in §92.23
(B) above. The animal control officer is hereby authorized to place for adoption or to destroy such
animal and dispose of the carcass. For the purpose of this section, the day of taking up shall be
counted as the first day of the impoundment.
Amend 92.24(D) Pursuant to Ark. Code Ann. S 20-19-103. Neno unclaimed dog or cat shall be
released for adoption without being sterilized, or without a written agreement from the adopter
guaranteeing that such animal will be sterilized, and after the adoption fee has been paid. A
stems flized-An adopter who fails to comply with the sterilization provision of the agreement shall
be guilty of a misdemeanor.
Amend 92.99 (A) Whenever in this chapter an act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor, or whenever in such chapter the doing of an act is
required or the failure to do any act is declared to be unlawful, and no specific penalty is provided
therefor, the violation of any such provision of this chapter shall be punished by a fine of not more
than $500.00 or double that sum for each repetition of such offense, or violation; provided, no
penalty shall be greater or less than the penalty provided for the same or a similar offense under
the laws of the state but in no case shall any penalty be less than $50.00. If the violation of the
chapter is, in its nature, continuous in respect to time, the penalty for allowing the continuation
thereof shall not exceed $250.00 for each day that the same is unlawfully continued.
R,ECtIV D
JUL t 9
NORTHWEST ARKANSAS �mc'
Demomt ( azett-e
P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5782
Was inserted in the Northwest Arkansas Democrat
Gazette on:
July 16, 2015
Publication Charges: $ 168.61
v
Cathy Wiles
Subscribed and sworn to before me
This 1i, day ofQu(11 , 2015.
Notary Public
My Commission Expires:
NOTARYPA
PU_BLIC `;
**NOTE**
Please do not pay from Affidavit.
fnvofce;wl1>f4cse37i9ar c E
"4''CTON