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Old 02-16-2012, 04:35 PM   #1
springflower
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Children left in car unattended

What would you do if you noticed young children left alone in a car with the motor running?
Would you go into the establishment and ask the manager to page the owner of the vehicle?
Would you stay to face them once the manager paged them?
Would you call the police?
I know that if I call the police I would have to talk to the officer.
I don't have a cell phone to call the police from my car.
Maybe that's the best thing to do,carry a cell phone and use it.
One thing that makes me uncomfortable is having the police ask for my information.
Is there a number to call and just let someone know that children or a child has been left along in a car. Especially with the motor running.
Maybe store owners should put signs up where people parking their cars can read ,"Please do not leave children unattended in your vehicle".
Maybe a threat, "Your Children will be taken by DPS".
Or a human services dept.
It's very frustrating!
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Old 02-16-2012, 06:38 PM   #2
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How old were the kids? were they restrained or loose crawling around in the car? Did they look to be in danger? Some people just run in and run out and it isnt a big deal. Age and circumstance is a big factor on these kinds of issues.
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Old 02-16-2012, 07:00 PM   #3
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Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, Sec. 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994

1) You can make an anonymous call to LE. You have to understand that there is only so much we can do with a case in which there is an anonymous complaint (unless we witness it ourselves).

2) The number to call is the police department, no one else will look into these complaints. Also, store owners are under no legal or moral obligation to post signs at their expense for something that should be common sense.

3) DPS does not remove children, DFPS does. They are not going to remove them for being left unattended, barring other serious, aggravating factors.

It does not matter if they are restrained or not, if they look to be under 7 and are unsupervised please feel free to call.
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Old 02-17-2012, 06:06 AM   #4
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agreed with Reapp. Call PD if the above fits, they will talk to / possibly cite the parents (hopefully) and MAYBE IT WILL DETER them from doing it again.
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Old 02-17-2012, 07:00 AM   #5
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What about dogs? I saw a recent article that a couple in Dallas went into a restaurant and left two yorkies in the car and the police broke the windows getting them out. I can understand not leaving them in a hot car but it was 55 degress outside. Is there a law on leaving dogs, too, or is it just a city ordinance?
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Old 02-17-2012, 03:00 PM   #6
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During the heat of our last summer, I saw a dog left in a car at HEB. He was barking non stop is how I noticed him. I went inside, asked the store to page the owner of the car. When the lady came out, we ended up having quite an argument because she was mad that I made mention of it. She said the dog is taken care of veryw well. I said not when he is left in a hot car. I asked her how she would like to be sitting in that car. She said some juvenile comment and I left. It's called IGNORANCE. And yes, if you see a child OR an animal in a car in summer, make it known. Maybe eventually the owners will become embarrassed enough to stop doing it. I work at a retail location here locally and see it many times every summer. If you have to go in to a store, just leave the dog at home!

Last edited by JSKR; 02-17-2012 at 03:02 PM.
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Old 02-17-2012, 07:57 PM   #7
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Reapp, Thank you for that information.
I think I'll print that out and have at least one copy in my car.
If I ever see that again, I will leave the copy on their windshield.
It was 2 children in the car. One was about 7 yrs. old and she seemed to be
reading to a younger child in a car seat.
It's good to know that at least one of the children should be at 14 yrs. old or older.
JSKR, I applaud you for doing what you can to help those who can't speak for themselves.
And I hope that woman decided not to take a chance of putting herself in such a situation again.
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Old 02-17-2012, 08:20 PM   #8
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Originally Posted by Reapp View Post
Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, Sec. 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994

1) You can make an anonymous call to LE. You have to understand that there is only so much we can do with a case in which there is an anonymous complaint (unless we witness it ourselves).

2) The number to call is the police department, no one else will look into these complaints. Also, store owners are under no legal or moral obligation to post signs at their expense for something that should be common sense.

3) DPS does not remove children, DFPS does. They are not going to remove them for being left unattended, barring other serious, aggravating factors.

It does not matter if they are restrained or not, if they look to be under 7 and are unsupervised please feel free to call.
I asked about them being restrainind or crawling around because in a running car, it wouldnt take much for them to hit the shifter and running some poor person over. Its not really a good idea to leave it running for any age child.
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Old 02-18-2012, 06:24 AM   #9
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Originally Posted by JSKR View Post
During the heat of our last summer, I saw a dog left in a car at HEB. He was barking non stop is how I noticed him. I went inside, asked the store to page the owner of the car. When the lady came out, we ended up having quite an argument because she was mad that I made mention of it. She said the dog is taken care of veryw well. I said not when he is left in a hot car. I asked her how she would like to be sitting in that car. She said some juvenile comment and I left. It's called IGNORANCE. And yes, if you see a child OR an animal in a car in summer, make it known. Maybe eventually the owners will become embarrassed enough to stop doing it. I work at a retail location here locally and see it many times every summer. If you have to go in to a store, just leave the dog at home!
I use to live in Marble Falls now I live in Georgia and I travel down to Texas at least once a year to visit family. I have 3 little yorkies that travel with me. I only come down in late spring or early summer and I always leave the ac on and the truck running when we stop to eat. But I never let the truck out of my site. I always ask for a table close to a window so that I can see my little yorkies. To me they are are my children..I know its not safe to leave a auto running, but I try my best to keep it is site..
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Old 02-18-2012, 12:16 PM   #10
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It's also illegal in Texas.

Sec. 545.404. UNATTENDED MOTOR VEHICLE. An operator may not leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to the curb or side of the highway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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Old 02-19-2012, 03:25 PM   #11
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There is at least one business in Marble Falls that will not call the police if children are left unattended in vehicles. They are afraid of losing the parent's business if they report them. Believe me, this comment was made to my mother when she went in to ask the store to page the parents or call the police. And that is correct--they wouldn't page the parent(s), either.

Are any of you aware of how many vehicles have been stolen with children were, especially when a vehicle is left with the motor running? You may think you can dash into a store and be out in less than a few minutes, but don't count on it. Frankly, I wouldn't take the risk with my child's life, or my dog's for that matter. And, it really doesn't matter what season of the year it is.
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Old 02-20-2012, 01:25 PM   #12
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I agree whole heartedly mdarling.
It's so incredible that people can be so careless with a loved one,child,pet,elderly,any one!
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Old 02-22-2012, 10:26 PM   #13
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Originally Posted by whiteorchid View Post
What about dogs? I saw a recent article that a couple in Dallas went into a restaurant and left two yorkies in the car and the police broke the windows getting them out. I can understand not leaving them in a hot car but it was 55 degress outside. Is there a law on leaving dogs, too, or is it just a city ordinance?

The cops were Not Very Nice for breaking the windows out on that expensive vehicle. They were only dogs, not people.
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Old 06-05-2012, 09:56 AM   #14
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Originally Posted by whiteorchid View Post
What about dogs? I saw a recent article that a couple in Dallas went into a restaurant and left two yorkies in the car and the police broke the windows getting them out. I can understand not leaving them in a hot car but it was 55 degress outside. Is there a law on leaving dogs, too, or is it just a city ordinance?
I beleive the law is that it must be over 80 degrees, then you can not leave the dog in the car with the windows up. I leave my dog in the car for very short periods with the windows half way down.

I cant fathom leaving children in the car ever at any age without an adult let alone when is hot with the windows up.

I believe and I may be wrong, but it was the death of a police dog that brought about the law. I had read that a police dog was left in the squad car with the ac on for an extended period of time. When the officer returned the car wasnt running and the dog had perished. Something to think about if you leave the kids or the pooch in the car and depend on the ac.
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Old 06-05-2012, 04:22 PM   #15
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I beleive the law is that it must be over 80 degrees, then you can not leave the dog in the car with the windows up. I leave my dog in the car for very short periods with the windows half way down.

I cant fathom leaving children in the car ever at any age without an adult let alone when is hot with the windows up.

I believe and I may be wrong, but it was the death of a police dog that brought about the law. I had read that a police dog was left in the squad car with the ac on for an extended period of time. When the officer returned the car wasnt running and the dog had perished. Something to think about if you leave the kids or the pooch in the car and depend on the ac.
There is nothing in the law regarding a temperature or whether or not the windows are rolled up. Here is the actual law:

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's custody;
(5) transports or confines an animal in a cruel manner;
(6) without the owner's effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.
(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or
(2) the actor was engaged in bona fide experimentation for scientific research.
(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:
(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or
(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.
(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:
(1) form of conduct occurring solely for the purpose of or in support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or
(2) animal husbandry or agriculture practice involving livestock animals.
(g) This section does not create a civil cause of action for damages or enforcement of the section.

Added by Acts 2007, 80th Leg., R.S., Ch. 886, Sec. 2, eff. September 1, 2007.
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Old 06-06-2012, 06:16 AM   #16
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Thanks Reapp

I swore I read that somewhere years ago after an incident at the HEB in Beecave. A man left his two dogs in the car with the windows up. It was well over 100 degrees and one dog was out cold. We called 911 and had the man paged in the store. He ran to the car, called us names and tore off. I would bet the one dog died.
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Old 06-14-2012, 06:33 AM   #17
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Reading the actual law above just makes me think how unnecessary it should be to write such a long piece to set forth what ought to be plain common sense. Obviously, "ignorance of the law is no excuse" applies, but how many of us actually know chapter and verse? Common sense would say, for example, that you don't leave a dog in a hot car or starve it or chain it up where it can not find shade.

We have so many lines of law that you just kind of have to hope that your good common sense is enough.
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Old 06-15-2012, 08:58 PM   #18
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Reading the actual law above just makes me think how unnecessary it should be to write such a long piece to set forth what ought to be plain common sense. Obviously, "ignorance of the law is no excuse" applies, but how many of us actually know chapter and verse? Common sense would say, for example, that you don't leave a dog in a hot car or starve it or chain it up where it can not find shade.

We have so many lines of law that you just kind of have to hope that your good common sense is enough.
Common sense does,nt matter in this country anymore. there are so many laws on the books that folks everyday break as many as 3 and don,t even realize they had. Even the LEO s dont know them all and ignorance of the law should not be an excuse for them either because they dont always understand chapter and verse. But since they wear a badge they must be right. Or are they.
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Old 06-15-2012, 10:35 PM   #19
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Common sense does,nt matter in this country anymore. there are so many laws on the books that folks everyday break as many as 3 and don,t even realize they had. Even the LEO s dont know them all and ignorance of the law should not be an excuse for them either because they dont always understand chapter and verse. But since they wear a badge they must be right. Or are they.
Huh?
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Old 06-16-2012, 11:32 AM   #20
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That was refering to an interesting book. Three Felonies A Day. By Harvey a Silvergate. read it and you will get an understanding of why common sense does,nt really matter. it boils down to ****ed if ya do ****ed if ya dont.
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Old 06-16-2012, 12:49 PM   #21
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That was refering to an interesting book. Three Felonies A Day. By Harvey a Silvergate. read it and you will get an understanding of why common sense does,nt really matter. it boils down to ****ed if ya do ****ed if ya dont.
You are referring to the police state of which is alive and well.....my favorite is the seat belt ticket. It isnt any concern other than my own if I wear one or not, but the police state needs to intrude upon my life (hope I have dope in the car or warrants) and collect revenue in one fell swoop.
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Old 06-16-2012, 01:00 PM   #22
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You are referring to the police state of which is alive and well.....my favorite is the seat belt ticket. It isnt any concern other than my own if I wear one or not, but the police state needs to intrude upon my life (hope I have dope in the car or warrants) and collect revenue in one fell swoop.
Wow. Thank you for your support of police officers.
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Old 06-16-2012, 01:26 PM   #23
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You are referring to the police state of which is alive and well.....my favorite is the seat belt ticket. It isnt any concern other than my own if I wear one or not, but the police state needs to intrude upon my life (hope I have dope in the car or warrants) and collect revenue in one fell swoop.
What about the children riding in your car? Should the decision be left up to you to decide if they should be restrained or not?

And the other issue I have is that, even in a crash, having the driver buckled in gives him or her a better chance of controlling the vehicle, which could protect others who share the road with you...
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Old 06-16-2012, 09:49 PM   #24
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You are referring to the police state of which is alive and well.....my favorite is the seat belt ticket. It isnt any concern other than my own if I wear one or not, but the police state needs to intrude upon my life (hope I have dope in the car or warrants) and collect revenue in one fell swoop.
Believe it or not, I stop folks for not wearing a seat belt because I am looking for.... folks not wearing their seat belts (dope and warrants are a bonus). If you don't want to wear one then don't, it's only going to take a few minutes out of your day when you get stopped.

If I cared about revenue, I wouldn't write 3-4x as many warnings vs. citations as I do (which have 0 monetary impact on your wallet).
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Old 06-17-2012, 07:27 AM   #25
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Believe it or not, I stop folks for not wearing a seat belt because I am looking for.... folks not wearing their seat belts (dope and warrants are a bonus). If you don't want to wear one then don't, it's only going to take a few minutes out of your day when you get stopped.

If I cared about revenue, I wouldn't write 3-4x as many warnings vs. citations as I do (which have 0 monetary impact on your wallet).
Interesting quote: I stop folks for not wearing a seat belt because I am LOOKING for folks not wearing seat belts. And just why is that Hmm I wonder,does that fall under the protect or serve category?
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