Walsall dog owner fined after 160 complaints on noise

A neighbour complained about the noise from the Jack Russell-type dog kept at the home of James Clark. Clark had been served with an abatement notice in June 2011.

The notice was served after neighbours in Stanley Place, Rushall, complained to Walsall Council about the barking. In April this year, Clark was charged with five counts of breaching the order and was fined.

Yesterday at Walsall Magistrates Court, Clark, aged 28, was found guilty of two counts of failing to comply with the noise abatement notice. He did not appear at court, and the matter was proved in his absence.

Mrs Kerry Munro, prosecuting for Walsall Council, said that following Clark's appearance in court in April – when it emerged that more than 160 complaints had been made about the barking dog – the problem had subsided.

But on May 8, a fresh complaint was made by a neighbour who contacted officers in the council's noise team. Mrs Munro said: "The officer visited her property and upon arrival at 10.45am and in the ensuing 15 minutes he witnessed the repeated barking from a dog.

"The officer considered the frequency and volume of the noise in both the complainant's living room and garden a statutory nuisance that breaches the abatement notice."

Another complaint was made by the same neighbour on May 21. Officers again visited her property and it was concluded the notice had been breached.

Mrs Munro said Clark had been contacted and asked to attend an interview or submit a statement but had not.

Magistrates found the matter proved and fined Clark £500 for each offence, with £767.98 costs and a surcharge of £15.

Neighbours said they believed Clark had moved.