Kerry Hutchinson, of Albury, had taken her Maltese cross Sallee for a walk and on the way home, she parked under shade at Centro Lavington to do some grocery shopping.

When she returned an hour later, a police officer was at her car.

“It’s the middle of winter, we actually look forward to winter so we can take the dog with us on all our trips and then somebody reports me for having the dog locked in the car,” Mrs Hutchinson said.

“She’s quite happy sitting there and looking out the back window at everything, she loves it.”

“It’s just staggered me that people could be so silly.”

Mrs Hutchinson and her husband David said they often left Sallee in the car during winter but always in the shade.

Mr Hutchinson said the Maltese cross is a part of their family and they are responsible dog owners who would not do anything to hurt her.

“We love our dog, she’s like a kid to us, we’re not going to leave her anywhere where she’s distressed,” he said.

Mrs Hutchinson said she did not leave a window open as police can fine individuals for an unsecured vehicle.

Sgt Steve Bosch, of Albury police, said car owners could be booked for leaving a window down for a pet.

“Even if you’ve got the quietest Chihuahua in the world it is an offence to not secure your vehicle in a public place,” Sgt Bosch said.

He said police assessed each situation on a case-by-case basis but it was illegal to leave a dog in the car if it was at risk.

“We assess the temperature, access to water and many other variables,” he said.

“It’s a welfare issue for the dog, and the owner has an obligation to ensure their dog is not distressed.”

Mrs Hutchinson was not given an infringement notice and she said it had been a waste of the police officer’s time.