Violation of the provision of Chapter 8.72.090 (Public Disturbance Noise) and Chapter 8.72.100 (Public Nuisance Noise) shall not be filed unless a written statement from three or more persons residing within separate residences in the same community or neighborhood is available from the witnesses as to the facts constituting the offense.
You may be asked to give evidence at a court hearing as to the facts you have witnessed. You agree to this by completing this affidavit.
REQUIREMENTS: State the offense in detail, listing all the information below:
- Each witness shall give his/her first and last name, address, and zip code together with home and business phone, if applicable.
- Each witness must have personal knowledge of pertinent facts as they relate to the alleged offense. A person should not consider him or herself a witness unless they have personally observed occurrences relating to the incident(s). All witnesses submitting statements may be expected to testify in open court.
- Each witness must write a full statement as to the facts constituting the offense. Each witness must list specific instances, dates, and times of barking that have occurred within the past year (i.e., 'The yellow Labrador Retriever started barking on September 15, 2004, from 9:00 am to 9:20 am while I was working in my backyard.'). It is not enough to say that the dog barks all night or all the time. These are the facts that the court will consider in determining a violation of the code, which would need to include the nature, duration, volume, frequency, time, and location of the noise. Note: the log can be kept by using any type of calendar where you can keep an accurate and complete record of the barking.
- Include the breed of dog(s) (i.e., German Shepherd, Doberman, Labrador Mix, etc.), color, size, sex (if known), and name of dog(s) if known.
- Name and phone number of animal owner to be included, if known.
- The address of the animal owner must be included. This is necessary in order for officers to make contact (if necessary) with the proper resident.
- The witness statement must meet the criteria of 8.72.090 by explicitly documenting the 'frequent, repetitive, or continuous sounds made by the dog(s) which unreasonably disturb or interfere with the peace, comfort, and repose of property owners or possessors, except that such dog sounds which are made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels, licensed under Title 5 PCC are exempt from this subsection.' No action will be taken if the witness statement does not meet the criteria.
The detailed information should be filled out on the back of the form. A signature must be provided. If you find that you need more room than what is provided on the form you may attach a separate sheet. However, you must copy the phrase that is located on the back of the statement form and sign both the statement form and your attached sheet(s).
All witness statements, addresses, and names will be verified by Pierce County Animal Control Officers for completeness of information.
PROCEDURE: The purpose of the complaint/petition is to allow Pierce County Animal Services to issue a monetary citation to the dog owner based upon the witness statement.
