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Revised December 2023 CITY OF KENNEWICK ANIMAL NUISANCE COMPLAINT Barking dogs and persistent animal noises are a nuisance only to the neighbors of the offending dog owners; therefore, it is not effective to rely on a police officer to investigate these types of cases. It is therefore necessary that a complaint be fully documented by the best witnesses to the offense; the neighbors themselves. Animal Nuisance Complaints cannot be made anonymously, as they may result in court proceeding if not corrected and would require the person who submitted the complaint to testify. The City’s animal nuisance ordinance, codified under KMC 8.02.340, provides as follows: Animals Disturbing the Peace - It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others. An animal is harbored in violation of this section if, without provocation, it makes noise which can be heard continuously within an enclosed structure off its owner's property for more than five minutes. Specific information is required to prove the elements of any offense. It is required that the complaining witness maintain a log regarding the offenses as they occur. These logs serve as more reliable evidence than a person’s memory, and each instance of barking must be thoroughly documented before the City Attorney’s Office can file a complaint. A complaint may be stronger if it is supported by more than one neighbor. Anyone who may be a witness at a hearing should keep a log themselves. If the complaining party has audio or video of the offense, it should be notated on the log for the appropriate date and submitted with the complaint. The following information is required when filing a complaint: 1) A completed Complaint Information form that includes the correct address where the animal(s) resides and a name of the animal owner(s). If no name is provided for the animal owner, the City will do its best to ascertain that information correctly, but there is a higher chance that no action can be taken if the owner cannot be properly identified. 2) A completed Animal Nuisance Log that includes the following detailed information: The date and the start and end time of each barking/nuisance interval; (Please note that a denotation of “all day” or an otherwise incomplete time frame is insufficient to file charges. Barking/Noise must be continuous for 5 minutes or more and have at least 3 days’ worth of nuisances on the log. Days do not have to be consecutive.) The specific location of the animal and the location of complaining party; (Barking/Nuisance must be audible within a neighboring enclosed structure not on the animal owner’s premises.) The identification and/or specific description of the offending animal; and (When called to testify, the complaining party must be able to positively identify which animal is creating the nuisance.) Was the animal provoked? (Provocation is NOT someone passing by paying no attention to the animal or another animal passing through. The animal may bark/create noise temporarily, but is expected to cease once the person/animal is out of the area.) ---PAGE BREAK--- Revised December 2023 There is a sample of completed information on the attached log. Enforcement of the Animal Nuisance ordinance is only possible with the cooperation of the citizens of Kennewick. Complaints and logs that are submitted with incomplete and/or insufficient evidence will be returned to the complaining party for further information. If, upon review, sufficient evidence is provided, the Kennewick City Attorney’s Office will: 1) Send a 10-Day Compliance Letter notifying the animal owner that a complaint has been made and giving them an opportunity to correct the situation. A copy of the compliance letter will be sent to the complaining witness with additional instructions. 2) During this 10-day compliance period, the complainant should continue to monitor the nuisance and must notify the City Attorney’s Office if the nuisance persists 10 days after receipt of the compliance letter. 3) If, at the end of the 10-day compliance period, the violation has not been corrected and complete information has been provided by the complainant, the City Attorney’s Office will file one or more civil infractions in Benton County District Court against the dog owner. Pursuant to KMC 8.02.360, the first violation within five years is $50.00, the second violation within five years is $100.00, the third violation within five years is $200.00, and the fourth and subsequent violation within five years is $400.00. The City of Kennewick typically files multiple counts in one complaint based on the information provided by the complaining party. Unless the defendant chooses to pay without protest, the case will be set for a contested hearing before a district court judge. These hearings can be set many weeks from the date of filing, and may also be continued several times before they result in a disposition. When the case is set for a hearing, the complaining witness will be subpoenaed to testify about the animal nuisance log and their personal observations on the charged offense dates. Once a subpoena is received, court attendance is mandatory. The defendant will also be allowed to testify and to present witnesses on their behalf. After all testimony is taken, the judge will determine whether the evidence supports one or all of the infractions charged. If the infractions are deemed committed, the court will impose the appropriate fine amount. If you have questions about the animal nuisance ordinance or filing a complaint, please contact the Kennewick City Attorney’s Office at (509) 585-4274 or by email at [EMAIL REDACTED] or visit our website at www.go2kennewick.com. ---PAGE BREAK--- BARKING DOG COMPLAINT INFORMATION FORM COMPLAINING WITNESS DEFENDANT Name: Name: Address: Address: City: City: Phone: Can We Text You At This Y or N Phone: Email: Do They Own OR Rent (if known-Circle One) Most follow-up correspondence will be distributed digitally through text or email, unless you request otherwise. Thank you. Preferred Method of Contact: { } Text { } Email { } USPS Mail STATEMENT: (Use back if necessary) I certify under the penalty of perjury under the Laws of the State of Washington that the foregoing is true and correct. Signature of Complaining Witness ---PAGE BREAK--- Date SAMPLE Time Began Time Ended Was Dog Provoked? Were Owners at Home? Location of Dog Your Location Description of Dog 04/26/2009 3:43 pm 4:28 pm 6:14 pm 4:06 pm 5:00 pm 6:23 pm No No No No No Yes Backyard at address 1309 W. 21st Ave) Living Room Kitchen/Dining Room Living Room Black Lab Black Lab & Chihuahua 04/27/2009 2:08 am 4:45 am 2:26 am 5:06 am No No Yes Yes Backyard Kennel at 1309 W. 21st Ave Master Bedroom Black Lab 04/28/2009 10:16 pm 11:53 pm 10:33 pm 12:19 am No No Yes Yes Backyard Kennel at 1309 W. 21st Ave Family Room Master Bedroom Black Lab & Chihuahua Chihuahua Date Time Began Time Ended Was Dog Provoked? Were Owners at Home? Location of Dog Your Location Description of Dog ---PAGE BREAK--- Date Time Began Time Ended Was Dog Provoked? Were Owners at Home? Location of Dog Your Location Description of Dog