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Dog Owner Cited After Neighbor Videotapes Barking

LONGMONT, Colo. (CBS4) - A Longmont man says he had enough of his neighbor's barking dog, so he videotaped the dog and turned the evidence over to police.

The complaint was filed against a home in the 2400 block of Pennock Way. It's a complaint that's been going on for years, but this time there was video proof.

James Wait claims he is the victim of his neighbor's barking dog. To prove his point Wait videotaped the incident on Aug. 23 and turned his proof over to police. The dog owner was then issued a citation.

"We encourage the persons who are complaining to take up an active role in the investigation," Cmdr. Jeff Satur with Longmont police said.

The video shows Wait's neighbor's back yard and 45 minutes of consecutive barking.

Wait declined an interview. The dog's owner, Fred Agado, says his neighbor has gone too far.

"My neighbor has been, in my opinion, has been harassing us. He has come to my house, left notes at my house, knocked on my door, called the police several times," Agado said.

Agado said the complaints from his neighbors have gone on for 4 years and he's had enough.

"Dogs will bark and they do bark," he said.

Longmont police say they encourage others to use video proof of dog barking complaints, as long as they don't trespass.

"As long as you can show continuous recordings that say, 'This is the dog,' and you can justify why," Satur said.

Agado was issued a citation for disturbing the peace, which he plans to fight in court, claiming the video doesn't prove his dog was the offender.

"I think it would be really tough for him to say that it is my dog without an actually picture of my dog barking," Agado said. "A sound recording? That can be manipulated. I just don't see how I can get a citation for that."

A disturbing the peace violation is punishable by a fine of up to $999 and 180 days in jail. That is for the most severe offenses. Agado is scheduled to be in court for the citation on Oct. 7.

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