A couple whose four barking dogs have repeatedly caused problems in their village have failed to stop legal action being taken against them.
Robert Hildreth, 34, and Emma Robinson, 26, have been warned that unless they keep their three Labradors and one cocker spaniel quiet they face prosecution under noise nuisance laws.
They failed in their court bid to stop City of York Council forcing them to keep their pets quiet and are now hoping to leave their village.
York Magistrates' Court heard that the council had received several complaints about the dogs’ barking over a period of time.
When a council officer went to the couple’s neighbours, they heard at least two dogs barking continuously from the couple’s home from 10.45pm to 11.24pm on September 9 with only a couple of breaks of 10 seconds or less. The couple said they were at someone's wedding at the time.
The council served a noise abatement notice on the couple, but the problems continued into March this year, the court heard.
The couple, of Wetherby Road, Rufforth, who are preparing for their wedding, took the council to court to try and get the notice removed.
Mr Hildreth played recordings of what he said was the neighbour’s dog and said that was causing the barking noise.
But after hearing from both sides, deputy district Nicholas Hayley declined the couple's application, saying the barking of the couple’s dogs was clearly noise pollution.
“If your dogs continue to make a noise, you are likely to be prosecuted,” he said. “I think you really must learn how dogs can be restrained. If you don’t ….stop them barking for long periods of time you are in trouble.”
Mr Hildreth told the court: “We are absolutely mortified by this. We are absolutely devastated by the situation. We didn’t want to upset anybody.”
He said they had tried to co-operate with the council.
Both the couple work away from their home.
By law, the council has to act when it is notified of a noise nuisance. The court heard the council had contacted the couple after the initial complaints and had sent them a letter. But the noise continued, so the council served the noise abatement notice, which compels the couple to stop the noise nuisance.
It is a criminal offence to breach a noise abatement notice.
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