Kildare man 'had to leave bedroom and wear ear plugs because of barking dogs'

Claim

A man who had a number of dogs in his care is being prosecuted for an alleged failure to comply with an enforcement notice issued by Kildare County Council.

The case arose following a complaint from a neighbour about noise created by the barking of the animals.

Kildare County Council planner Damian Daly told Naas District Court he issued the notice to Gerard McNally, whose address was given at Heatherview, Roseberry, Newbridge, after visits to that premises where he found a number of dogs in the defendant’s care.

Mr Daly said he paid a number of visits in 2021 and 2022.

He told the court that on one occasion when he met the defendant there were six dogs on the site. He said the defendant was polite, courteous and helpful at all times.

He said on another occasion in June 2022 he again spoke to Mr McNally and he counted 32 dogs and Me McNally said he owned 14 of these.

Mr Daly said considerable noise was being created by barking.

He said the enforcement notice was issued to Mr McNally on June 24, 2022.He said that on another date there were approximately 40 dogs present and Mr McNally said he owned 14.

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Mr Daly said there was no planning permission for dog kennelling activity.

Under cross examination he agreed Mr McNally indicated he kept and bred dogs for 30 years.

Martin Conlon said he and his family live nearby and have done so since 2004. He said there were no dogs on site between then and 2018. He said the situation worsened following the Covid-19 pandemic. He said there was a lot of barking and family members could not work because of the noise.

“We had to move out of the bedroom into a granny flat,” he said.

He added he had to wear ear plugs in bed and you cannot sleep with ear plugs.

He said there were dogs barking 20 hours a day, sometimes up to 4am. He agreed Mr McNally was living there for a long time. Mr Conlon went to a solicitor and made a statutory declaration about the barking.

Mr McNally, a peace commissioner who is aged 76, said he was involved with dogs all his life and he built a house there in the 1970s, moving in in 1981. He boards dogs during the day, overnight and mainly at weekends. He described the barking as “seven days a week 365 days a year.”

He said he and his wife inherited a lot of dogs, especially after Covid-19 and these included rescue dogs.

“We love dogs, this is my life. It’s a hobby and something that has me get up every morning.”

He said he had done work on the property  including raising a wall and providing curtains to prevent the dogs from seeing out. He also did work to the entrance to prevent cars blocking the road and made it safe for pedestrians. He said if he has to stop he would be devastated and it would be like a bereavement in the family.

Under cross examination, he admitted he did not have permission and following the pandemic the number of dogs increased and he was working 18 hours a day. Colin Roycroft told the court he knew the defendant for many years and used to leave his dog with him when he worked in Limerick.

Another witness, Sharon O’Carroll, said she has been homing her dog with him since 2012 and “I wouldn’t go anywhere else.”

Barrister Richard Wixted told the court there is a seven year time limit relating to the case which could have a bearing on it.

Judge Michael Ramsey adjourned the case to December 12.