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Public Comments - Potts.pdf

Chula Vista City Council
November 14, 2023

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Public Comments - Potts.pdf
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November 14, 2023
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Chula Vista City Council
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WARNING
HEAT

KILLS OR INJURES

CHILDREN AND PETS

IN PARKED VEHICLES

WITH WINDOWS PARTIALLY OPEN
EVEN IN MILD TEMPERATURES LESS THAN 70° F
Fine & Imprisonment
California Vehicle Code § 15620
California Penal Code § 597.7

IN CASE OF EMERGENCY
CALL 911
Written Communications
Item # K Name/OHS
Sol NAir
Paola Potts
Saving Our Lives President
Avoiding Irrational Reasoning™
760.803.6012
Fax 760.747.3951 WARNING
[email protected]
www.solnair.org HEAT

KILLS OR INJURES

CHILDREN AND PETS

IN PARKED VEHICLES

WITH RINDOMS PARTALLY CAEN
Castornia Vebiele Ca + 5 19630
IN CARE OF YuRaGENCY
CALL 911

ADVERTENCIA

EL CALOR

MATA O LASTIMA
A NIÑOS Y MASCOTAS

EN CARROS ESTACIONADOS

CON VENTANAS ENTREASIERTAS
NE 1 15425

EN CASO DE EMERGENCIA
LLAME AL 911

WARNING
HEAT

KILLS OR INJURES

CHILDREN AND PETS

IN PARKED VEHICLES

WITH WINDOWS PARTIALLY OPEN

EVEN IN MILD TEMPERATURES LENS THAN THE
Fine & Imprisonment
California Vehicle Code S 15620
California Penal Code $ 597,7

IN CASE OFEMERGENCY
CALL 911

SPONSORED BY

VETERINARY SPECIALTY

WARNING
HEAT

KILLS OR INJURES

CHILDREN AND PETS

IN PARKED VEHICLES

WITH WINDOWS PARTIALLY OPEN
EVEN IN MILD TEMPERATURES LESS THAN 70° F
Fine & Imprisonment
California Vehicle Code § 15620
California Penal Code § 597.7

IN CASE OF EMERGENCY
CALL 911

SPONSORED BY
Escondido Police Officers Association

ADVERTENCIA

EL CALOR

MATA O LASTIMA
A NIÑOS Y MASCOTAS

EN CARROS ESTACIONADOS

CON VENTANAS ENTREABIERTAS
AÚN CUANDO LA TEMPERATURA ES MENOS DE 70° F
Multa y Prisión
Código de Vehículos de California § 15620
Código Penal de California § 597.7

EN CASO DE EMERGENCIA
LLAME AL 911

WARNING
HEAT

KILLS OR INJURES

CHILDREN AND PETS

IN PARKED VEHICLES

WITH WINDOWS PARTIALLY OPEN
EVEN IN MILD TEMPERATURES LESS THAN 70° F
Fine & Imprisonment
California Vehicle Code § 15620
California Penal Code § 597.7

IN CASE OF EMERGENCY
CALL 911
Location of Installed Warning Signs
City Name: Date:

Name of Contact Representative:

Address:

Phone: Fax: Email:

Number of Signs Address of Location of Sign
60 US Pediatric Vehicular Heatstroke Deaths
53:53
51 Pediatric Vehicular 50
47 43 43 44 44
40 Heatstroke by the Numbers 39 39 39
40 36 36
33 33 34 34 33
Updated through 4/30/2023 32 31
30 30
100% of heatstroke deaths of 25 25
23 20
children in cars are preventable
10 TOTAL SINCE 1998 AVERAGE PER YEAR
DEATHS
1998199920002001200220032004200S200620072008200920102011201220132014201520162017201820192020202120222023 942
HOW HOT? HOW FAST?
almost 2 per week
Interior temperatures
CIRCUMSTANCES 80% can be 50° high
than outside.

Gained Access of total heat rise occurs
26% in the 1st 30 min.

Forgotten 53% Max temps
Nearly half not dropped at childcare can exceed: 140°
Knowingly Left -20%
1% Unknown

SAFETY TIPS
Ages Never leave children unattended in a vehicle. NOT EVEN FOR A MINUTE! Forgetting Can
283
213 Happen to Anyone Always check the backseat. Leave your wallet or purse as a reminder. 175 54% Mom, Dad, Grandparent, Sitter, Always keep vehicle locked and keys out of reach.

Teacher, Administrator, Police,
133
< 2 years Dentist, Social Worker, Military. Make arrangements with your childcare provider to call if child is absent.

Physician, Judge, Barber, Principal,
Lawyer, Waiter, Engineer, Coach. CALL 9-1-1 if you see a child alone in a vehicle.

Accountant, Secretary. Firefighter,
Researcher, Clergy, Childcare
Provider, Barista, Tradesman, satstroke
50 100 150 200฿ 300
Student, Anyone.

Deaths Noheatstroke.org
Information taken from the National Safety Council
2018 Report - Kids in Hot Cars; One Child Is Too
Executive Summary Many; A Legislative Look Across the U.S. https://noheatstroke.org/links.htm
It takes only 10 minutes for the temperature inside a vehicle to rise 20 degrees.' For children in particular, this increase is enough to result in death.'
Sadly, children are dying in hot cars at an alarming rate, as work provides the basis for data and information in this report, vehicular heatstroke - also known as hyperthermia - continues which builds on information NSC released last year. to be one of the leading causes of non-crash vehicular fatalities In 2017, NSC unveiled The State of Safety: A State-By-State for this age group.? Between 1998 and 2017°, 742 children Report that provides a bird's eye view of where states rank on reportedly died due to pediatric vehicular heatstroke (PVH). safety-related actions and policies that can remedy preventable On average, 37 children die each year in the U.S. as a result of deaths and injuries across our roadways, in homes and
PVH. However, 42 children died during 2017 - up from 39 the communities, and in workplaces. The State of Safety report previous year." All of these deaths could have been prevented. also outlines recommended policy actions and examples of The National Safety Council (NSC), whose mission is to promising practices that can help save lives, and it specifically eliminate preventable deaths, has focused on PVH for many evaluated PVH laws. This report is a more detailed review on the years. In an effort to better understand and document this risk topic of pediatric vehicular heatstroke. At a time when numbers area, NSC works in collaboration with partners such as Jan are rising, so is the need to take action.

Null, a certified consulting meteorologist (CCM) and Adjunct With support from the National Highway Traffic Safety
Professor in the Department of Meteorology & Climate Science Administration (NHTSA), NSC conducted an analysis of
at San Jose State University. Mr. Null has been tracking child state unattended child laws in combination with a review of deaths resulting from vehicular heatstroke since 1998, and his sentencing and prosecutions of caregivers over the past 10 years, • All years with tracked PVH fatality data in the states of the U.S. - not including U.S. territories. A more detailed description about the data utilized for this report is found in the Project Description on page 15.
4 from 2007 through 2017. According to NSC analysis of a report The basic strategies for saving lives remain consistent. Robust from the National District Attorneys Association (NDAA), only documentation and research of the problem must continue to be 21 states* and Guam have laws in place to address children left the cornerstone of any campaign to reach the public - everyone unattended in vehicles. In addition, NSC and Jan Null' each from parents and caregivers to safety professionals, health care conducted reviews to confirm any changes to state unattended providers, policy makers and developers of new technologies. It child laws in comparison to those reported in the 2014 NDAA takes all of us working together and paying attention to this issue report. The pages that follow outline prevention strategies and through education and legislation in order to save lives. state legislative recommendations°, while also educating people about why our children are at risk.

Objectives

1. Support stronger laws to protect children from being knowingly' left unattended in vehicles for any amount of time

2. Increase awareness and understanding about vehicle heating dynamics

3. Increase awareness about the risk of children gaining access to vehicles on their own

4. Encourage policies for child care providers to ensure all children have exited a parked facility vehicle

5. Recommend study of factors that contribute to unknowingly leaving a child unattended in a motor vehicle
U.S. Pediatric Vehicular Heatstroke Deaths (1998 - 2017) 50 49
47 43 43 42
39 39 39
40 35 36
33 33 34
32 31 31
29 30
24 20
10 1998 1999 000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 • Includes Missouri - which addresses if an unattended child in a motor vehicle injures another person, but does not address if the unattended child is injured. • Since the time of the 2014 NDAA report, the state of Missouri enacted legislation to address leaving a child unattended in a motor vehicle • effective January 1, 2017. • State legislative recommendations outlined in this report are the result of NSC analysis of the components of existing state laws pertaining to children left unattended in motor vehicles, in combination with best practice recommendations made available by multiple safety organizations in efforts to prevent PVH deaths. (See additional resources list at the end of this report.) The opinions, findings, and conclusions expressed in this publication are those of NSC and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. • The term "knowingly left" is used in this report to describe when a parent or caregiver knowingly leaves a child in a vehicle. This is typically not with the intention to cause harm to the child. This topic 5 is addressed further later in this report.

How Does This Happen?
What is Heatstroke?
Also known as hyperthermia, according to the American A child can die when his or her temperature reaches 107 Academy of Pediatrics (AAP)®, a child's body heats up three to degrees F. The AAP also warns that vehicular heatstroke can five times faster than an adult's. When left in or gaining access to happen when outside temperatures surrounding the vehicle are a hot car, a child's major organs begin to shut down when his or as low as 57 degrees F. her body temperature reaches 104 degrees Fahrenheit (F).

It Can Happen to Anyone, Anywhere
Pediatric vehicular heatstroke fatalities can happen to anyone, and 18 percent died after knowingly, or intentionally, being left anywhere and from any socioeconomic class, and they have - inside a vehicle. even with loving and attentive parents and caregivers. Articles In incidents where children reportedly gained access to vehicles have been written asking the question, "How is it possible to on their own, locking vehicles is an important barrier to prevent forget a child?"' Often it happens when parents or caregivers are children from gaining access to the inside of vehicles. Teaching especially busy" or tired', or there is a change in the responsible children cars are not play areas, and that keys and key fobs are adults' regular routine - all of which increase the risk of making not toys provide additional protection.
a potentially fatal mistake. Further study and documentation of PVH deaths would need to be conducted in order to clearly Furthermore, knowingly leaving a child unattended does not identify factors that may have contributed to known PVH typically equal malintent. Parents and caregivers have been deaths. known to leave children unattended in a car as they intend to do something quickly. In some cases, vehicles have served as a In addition, almost half of all PVH deaths are not related to a substitute for childcare. In general, a better understanding by caregiver unknowingly leaving their child in a vehicle. Twenty- caregivers of the risks involved due to vehicle heating dynamics seven percent of children gained access to a vehicle on their own, is needed.
• More information about the human brain and multitasking can be found at http://www.nsc.org/DistractedDrivingDocuments/Cognitive-Distraction-White-Paper.pdf • Additional information about the general affects of fatigue can be found at nsc.org/fatique Vehicle Heating Dynamics
Vehicles Quickly Become Too Hot
Vehicular heatstroke can occur any time of the year, in any state or community, and to any parent or caregiver. Even on relatively mild days, vehicles can reach life-threatening temperatures quickly.

Leaving windows open does not prevent heatstroke from The study found that regardless of the starting temperature, the occurring, nor do particular vehicle exterior colors lessen the rate at which temperatures increased inside the vehicles were sun's heating effects. What does matter is how the rays from the consistent. Eighty percent of the overall rise in temperature sun interact with vehicle windows, creating a greenhouse effect. occurred within 30 minutes. On average, the temperature inside the vehicle rose more than 40 degrees during the 60 minute Studies have found that - on days when temperatures exceeded period of observation. The study also found that "cracking" 86 degrees - the temperatures inside of vehicles quickly reached windows open did not reduce the rate of temperature rise inside 134 to 154 degrees Fahrenheit. On average, in the first 10 of the vehicle. The study concluded that vehicles heat up quickly, minutes, the temperature inside a vehicle rises by 19 degrees. with most of the temperature increase occurring in the first This quick rise in temperature inside a car can become fatal for 15 to 30 minutes.
children living anywhere. In areas where outside temperatures are at 90 degrees, however, temperatures inside of vehicles can become fatal for children in just 10 minutes.

On an 80 degree day
One such observational study published in Pediatrics ° in 2005 measured the rise of temperatures during a 60-minute period over 16 different days. During each observation, the starting outdoor temperatures ranged between 72 and 96 degrees. On Elapsed Time two of these days, observations were documented while the 10 min vehicle windows were open 1.5 inches.

Temperature Temperature
Outside Inside
50 43 80F 99F
41 38
40 34
29 30
Temperature Rise
19 20 Elapsed Time
20 min
10 10 20 50 60
Elapsed Time in Minutes Temperature Temperature
Outside Inside
80F 109F
9 National Safety Council
Recommendations
Unattended children cannot be left in vehicles, or allowed to gain access to them, due to the nature of vehicle heating dynamics. In order to prevent pediatric vehicular heatstroke, there are many safety recommendations that must be conveyed clearly, consistently and proactively.

Recommendations for • Some states have enacted unattended child laws Lawmakers pertaining only to child care providers, centers and facilities. Meanwhile, other states cite responsible

1. Eliminate "safe" time periods from legislation parties as any person providing supervision of any child. • Some states define a time period before a person can Guam goes so far as to specify responsible persons over act to rescue a child from distress. For example, Florida the age of 12 years, and Hawaii includes responsibility allows for 15 minutes, Louisiana 10 minutes, and for adults even if they were not charged with the care of Hawaii and Texas specify that bystander action can the child. be taken if the driver or adult passenger leaves a child • NSC supports requirements to ensure child care unattended in a vehicle for five minutes or longer. Some providers implement policies and procedures to include language such as "reasonable time," "significant confirm all children have exited a parked facility vehicle risk," "unreasonable risk," and "substantial risk."a
driven by child care personnel.
• All language relating to "safe" time periods should 3. Clearly define and/or increase the age of persons that be struck from laws. Children should not be left should not be left unattended unattended, even for a minute.' Temperatures inside
a vehicle rise to lethal levels quickly, and the public is • States vary on what age they define as "child." State generally unaware of this danger. Safety of children definitions range from 6 years old or younger' to should be the priority. anyone younger than 18. While some may consider protection to everyone younger than 18 extreme, a

2. Expand laws to pertain to any person providing supervision 14-year-old died from heatstroke inside of a vehicle in of any child who knowingly leaves a child unattended in 2013.2 While vehicle features may have played a role a motor vehicle and clearly define the age of responsible in that case, education, awareness and legislation could individuals
prevent individuals from remaining in a vehicle, thus
• Emphasis is placed here on individuals who knowingly averting similar future scenarios. leave a child unattended in a motor vehicle. Typically, • NHTSA defines a child as age 14 and younger." At a parent or cargiver who knowingly leaves a child a minimum, laws should take this definition in to unattended does not intend to harm the child. In
account. Some states already define a child as older
general, continued education and increased awareness than 14. In this case, that is an option for stronger are needed to help parents and caregivers understand protections. vehicle heating dynamics and why our children are at
risk, even if they plan to leave the child unattended for a few minutes.
• A chart is provided on pages 12 and 13 to reference which states include components of each recommendation. • Guam defines an unattended child as 5 years of age or younger 10 4. Include protection for vulnerable individuals • Tennessee provides additional information about which agencies can operate and conduct these
• Like children, vulnerable individuals may not be
education programs, and even outlines allowable
able to remove themselves from a hot vehicle and
registration fees ($50.00 - $175.00).
increasingly dangerous situations. Alabama has
incorporated language pertaining to "incapacitated"
persons, and Oklahoma's law includes protections Additional Considerations for "vulnerable adults." Likewise, Oklahoma specifies
that a supervising person should not be mentally Policymakers should take the following actions into consideration when drafting new legislation or amending incompetent as defined by state statutes.
existing laws:

5. Protect "any person" who acts to rescue a child in good faith • Clearly define "unattended" as the act of knowingly
• Several states have language to protect only law leaving a child unsupervised and alone in a motor enforcement officers from being held liable in any civil vehicle for any period of time action for any act performed in good faith. Some states • Clearly define "unsupervised," "child" and age of
expand this protection to include law enforcement and
responsible person; states that include such definitions emergency personnel. NSC supports this protection
and recommends expanding it to all persons acting in are identified in the following section, Components of good faith, as is currently the situation in a number of Existing State Unattended Child Laws States. • Include language to clarify that an enclosed
compartment means any enclosed area of a motor

6. Expand scope to allow individuals to take action if a child is in physical danger or "poses a danger to others" vehicle, including the passenger compartment, regardless of whether a door, window, sunroof/
• Hawaii's unattended child law directs law enforcement moonroof or hatch is left open or rescue team personnel to take action if they
• Clearly state that persons are breaking the law
observe a child left unattended in a motor vehicle and
determine "that the unattended child is in physical whenever a child is knowingly left unattended inside of a motor vehicle, regardless of whether the vehicle is danger, or poses a danger to others..." Inclusion
running and/or the keys are in the ignition
of similar language could lead to opportunities to
educate people about the dangers of leaving children • Make it a separate offense for each child knowingly unattended beyond heatstroke. These dangers include, left unattended - not a single offense regardless of the but are not limited to, abduction, strangulation with number of children seat belts or power windows, and shifting a vehicle out • Punishments should increase for second and
of park, whether the engine is on or not."
subsequent convictions, such as fines or license

7. Direct funds received from fines to support education revocation programs for parents, caregivers and offenders
• Consider specifying separate punishment if a child is • Several state laws include the option to sentence left unattended in a place that sells alcohol offenders to participate in training courses about the
• Provide guidance about how to involve child protective dangers of vehicular heatstroke and leaving children
services agencies or whether law enforcement will hold
unattended in vehicles.
a child until a caregiver returns
• California allows the court to waive the $100 fine if the defendant establishes to the satisfaction of the court
that he or she is economically disadvantaged. In lieu
of this fine, offenders can be required to attend an
education program.
11 It's The Law!
Do Not Leave Your Dog In The Car
FEBRUARY 24. 2006
An act to add Section 597.7 to the Penal Code, relating to animals.

LEGISLATIVE COUNSEL'S DIGEST
SB 1806, Figueroa Animals: abuse. Existing law provides that any person who subjects any animal to needless suffering...

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following (a) Leaving companion animals unattended inside closed vehicles in the heat, even for short periods of time, has caused severe injury and death to animals. (b) Moderately warm temperatures outside can quickly lead to deadly temperatures inside a closed car, for example, within one hour an outside temperature of 72 degrees Fahrenheit can cause unhealthful conditions inside a vehicle that can adversely affect the health, safety, or well-being of an (c) With the vehicle windows left slightly open, an outside temperature of 85 degrees can cause a temperature of 102 degrees inside a vehicle within 10 minutes, and 120 degrees within half of an hour.

A healthy dog, whose normal body temperature ranges from 101 to 102.5 degrees, can withstand a body temperature of 107 to 108 for only a short time before suffering brain damage or death............

SEC. 2. Section 597.7 is added to the Penal Code, to read 597.7. (a) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(b) Unless the animal suffers great bodily injury, a first conviction for violation of this section is punishable by a fine not exceeding one hundred dollars ($100) per animal. If the animal suffers great bodily injury, a violation of this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment.

Any subsequent violation of this section, regardless of injury to the animal, is also punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months. or by both a fine and imprisonment.
(c) (1) Nothing in this section shall prevent a peace officer, humane officer, or an animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

WHAT MANY PEOPLE DO NOT KNOW ABOUT THEIR CAR
A quick trip to the store can be painful or even deadly to your dog The American Veterinary Medical Association warns that even a 60° F day can be fatal to a dog.

It has stated that a dog inside a parked car with the windows cracked, in the shade or even with the air conditioning running does not help to cool down the temperature of a dog. When the air conditioner is left running in a parked car, the air from the air conditioner will become stagnant after about 5-10 minutes; consequently, the temperature inside a parked car will rise even with the air conditioner running. Remember that a dog must have cool air to maintain a safe body temperature. This is impossible when the dog is inside a warm car, let alone inside a hot car!!
'No one ever told me not to leave my dog in the
car' said woman accused of animal cruelty
Posted on: 11:45 am, April 11, 2013, by Scott Wise (http://wtvr.com/author/scottdwise/) and Lorenzo Hall (http://wtvr.com/author/wtvrlorenzohall/), updated on: 11:16pm, April 11, 2013 CHESTERFIELD COUNTY, Va. (WTVR) - "No one ever told me not to leave my dog in the car," Linda Pegram said as she left Chesterfield County court Thursday morning.

Pegram is charged with two felony counts of animal cruelty after police said two dogs died in her locked car Wednesday afternoon. Police said they were called to Pegram's vehicle parked outside the Walmart at 12000 Iron Bridge Plaza around 1:15 p.m. Wednesday to investigate a report of a dog locked inside the car. Once on scene, police said they found two dogs inside. After they forced their way into the car, police discovered both dogs were dead.
"I didn't intentionally kill my animals. I love my animals with everything," Pegram said. She added she parked close to the store, in a shaded area.

Police said it appeared the dogs were in the car for about an hour before police were notified. CBS 6 meteorologist Carrie Rose said temperatures in Central Virginia were in the mid-80's at that time. She said temperatures inside vehicles could rise 20 - 30 degrees over outside temperatures. "I was devastated. My daughter was crying. I was crying. Some lady walked up to me and called me a stupid bitch. Police didn't do anything," Pegram said. "We just made a mistake, a human mistake and I don't know what the outcome will be."
Pegram is due back in court on June 19.

Please help!
If you see a distressed dog in a car, have the owner
paged in nearby stores immediately. Call the local
CAR TEMPERATURE humane society authorities or the police.

PET SAFETY CHART If a dog shows any of the symptoms of heat exhaustion, place the dog in a shady or air
How long does it take conditioned area immediately. Lower body -for a car to get HOT? temperature gradually by providing water to drink; applying a cold towel or ice pack to the head, neck
VEHICLE TEMPERATURE and chest; or immersing the dog in cool (not cold) Inside water. Seek veterinarian help immediately.

Temp (F)
10mins 30mins
89° 104°
94° 109°
99° 114° Some signs of Heat Exhaustion
104* 119° • glazed eyes • heavy panting
109° 124° DoGs DIE EVERY SUMMER • restlessness • rapid pulse 114° 129° In minutes your • excessive thirst • fever
car temps are deadly!
• lethargy • vomiting
• lack of appetite • dizziness
• dark tonque • lack of coordination.

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