We all must live with neighbourhood barking dog from time to time, a judge told a man Tuesday, saying threats to kill the annoying beast are not an acceptable option.

Martin Mueller, 43, pleaded guilty in provincial court to threatening to kill an animal. The judge handed the man a conditional discharge, with terms requiring him to have no contact with his neighbour. If he completes the probation successfully, he will not have a criminal record.

Prosecutor Chris Balison told the court the man lives in a tightly packed Kamloops trailer park. The units are situated close together and noise complaints are frequent.

Last January, Marcie Carriere, his neighbour, became annoyed because Mueller was playing his music loudly. She banged twice on the outside of his trailer to get him to turn it down.

He came out angry, jumped her fence into her yard and started yelling and swearing at her. During the exchange, he threatened to kill the woman’s Jack Russell terrier “if it didn’t shut up.”

She called the police.

Fred Kaatz, Mueller’s lawyer, told the judge Mueller’s rash act came at the end of two years of constant frustration.

“Her dog barks endlessly,” said Kaatz. “It bothers his kids, it bothers him.”

The lawyer said Mueller has tried everything to get the woman to keep her dog quiet, but nothing has worked. He’s complained to the park’s landlord, the Tk’emlups Indian Band (the trailer park is on band land) and even the RCMP.

Nothing has solved his dilemma, Kaatz said.

“It’s a year later, and the dog is still barking,” he said, adding Mueller was playing his music loudly on that day to drown out the noise of Carriere’s barking dog.

Judge Stella Frame sympathized with Mueller’s situation, noting it seems shameful authorities have not stepped in to give assistance.

“That they are not doing anything about it speaks loudly about the failings of that community. But (complaining) is all you can do,” said the judge.

The lack of action on the part of the park, band and police cannot justify Mueller’s actions.

“We have all had neighbours who let their dogs bark,” said Frame.

She urged the man to keep pursuing his complaints through legitimate channels.

“That’s all you are left with. You certainly cannot let your temper get the better of you,” said Frame. “If you manage to get through the year without further incident, you will be discharged.”