It's a dog's life next to Howling Dog Kennels.
Jenny Manley, who owns the Howling Dog Kennels in Hythe, Hampshire, has 24 Siberian huskies that howl in the open.
New Forest District Council served the notice after the former owners of the Four Seasons Hotel next door, Louise and Michael White, complained.
Tests showed the dogs' howling registered 60 decibels in Mr White's bedroom.
Mrs Manley, who has bred the animals since 1973 with her husband Albert, claims the notice relies on the same facts as in 1999 when the council lost a High Court battle over the same issue.
'I think the council are persecuting me over this and they are playing games,' she said. 'It seems to me to be a waste of taxpayers' money.'
Mrs Manley said the council wanted the dogs shut indoors from 9pm until 8.30am.
Yet the High Court in 1999, after hearing expert evidence that the dogs could not be locked up or separated, ruled that that all practical steps at the licensed kennels had been taken, she added.
That action, starting with the issuing of a nuisance notice in 1997, had cost the council pounds 200,000, even though the howling lasted a maximum of two minutes in the morning and evening, she claimed.
Veterinary evidence insisted that locking up the dogs was impossible on animal health grounds.
; Mrs Manley said reducing the size of the pack would involve having some dogs destroyed.
~, without the overall noise being reduced.
The Manleys hope a judge will throw out the latest order at a hearing at New Forest Magistrates' Court on December 16. Their legal team will argue the second notice is effectively double jeopardy.
Senior environmental health officer at the council Edward Vandyck said noise monitoring showed the dogs howled several times a week at night. He denied the council was persecuting the Manleys.
Jenny Manley at home with her huskies
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|Publication:||The Birmingham Post (England)|
|Date:||Nov 2, 2005|
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