NIAGARA FALLS, N.Y. (WIVB) — In the middle of the heat wave, Niagara Falls police responded to a report of a dog locked in a hot car Tuesday afternoon.

Around 5:45 p.m., police responded to the Walmart on Military Rd.

There, several people were standing around a car with what appeared to be a long-haired Shih-Tzu inside. Witnesses said the dog, which appeared distressed, had been inside for more than half an hour.

Police say the dog was panting and moving very slowly.

Eventually, police spoke with the driver, Franceso Fernandez, who said he’d only been shopping for 20 minutes.

“Fernandez stated there was a breeze out and it was only 89 degrees,” police wrote in their report. They say he told them that he leaves the dog in the vehicle frequently, and that nothing has ever happened to it before.

Dispatchers say it was actually 90 degrees outside during the time of the incident.

Telling police that he cracked the windows to the vehicle, Fernandez also told police that the windows will not roll up or down anymore, according to the police report.

Fernandez was issued a court appearance ticket after being charged with confining an animal in a vehicle.