Barking dogs land Castleton couple in court

A Castleton couple wound up in court because their barking dogs drove a neighbour to despair.

Mr and Mrs McKinley of Chesham Avenue, received a one year Conditional Discharge from Rochdale Magistrates because their pets had been causing a noise nuisance.

The council had been receiving complaints from the neighbour about the couple’s noisy pets since 2006.

They were served with a noise abatement notice in October 2007, instructing them to take practical stops to minimise the annoyance caused to their neighbours because of their dogs’ persistent barking.

When Environmental Health Officers witnessed a breach of this notice in June 2008 and combined with 10 pages of logged barking incidents by neighbours, legal action was pursued.

The couple were convicted at Rochdale Magistrates Court yesterday (Wednesday 13 May), of an offence under the Environmental Protection Act 1990 – Section 80 for causing a statutory noise nuisance.

During the trial, which took place over two days, Rochdale Council and the neighbour presented Magistrates with enough credible evidence to secure the conviction which led to the court imposing the 12 month Conditional Discharge. This means that if either Mr or Mrs McKinley commits any further offence within the next 12 months they will be called back to court to be re-sentenced, where the original offence and further breaches will be taken into account.

The couple have been ordered to pay a contribution to court costs in the sum of £220.

Andy Glover, Public Protection Manager at Rochdale Council, said: “Barking dogs is one of the most commonly complained about causes of noise nuisances. Most pet owners do not realise that the law requires them to take responsibility for noise caused by their pets and where it is causing a disturbance they have an obligation to minimise it.

“This is a positive result for the council and will hopefully bring relief to the victim.”