City Council amended Asheville’s animal ordinance to facilitate keeping chickens in the city but held off on a proposed ban on tethering dogs.

Both issues have attracted public attention in the past year or so, as evidenced by the formation of two activist groups: Asheville City Chickens and ChainFree Asheville, both of which were well represented at Council’s April 28 session.

Words of a feather: Asheville City Council eased restrictions on raising chickens within the city limits and will consider a ban on chaining up dogs. Photo by Jason Sandford

The approved changes include reducing the buffer zone between chicken coops and property lines from 100 feet down to 10 feet from the property line or 50 feet from the nearest house (whichever is less).

Scott Barnwell of Asheville City Chickens told Council that the move would encourage local food production and expand private-property rights.

Brad Brock agreed. “We are a progressive community,” he said, “and sometimes being a progressive community means looking into the past for sustainable practices.”

The retooled ordinance prohibits keeping roosters due to noise concerns, a restriction supported by the chicken activists. But while the poultry discussion remained generally high-spirited, dog advocates came armed with grim stories and grisly pictures to support their plea that the city prohibit attaching canines to chains, ropes or even runners (which staff had recommended exempting).

Dogs kept tied up, asserted ChainFree Asheville founder Peggy Irwin, are at risk of injury, are often neglected to the point of dehydration, and are more aggressive.

“The worst problem is the dog’s psychological state,” she said. “When you adopt a dog, you are not just buying something like a lawn mower.”

“I don’t know what these dogs are, but I don’t think we can call them pets if they are on chains 24/7,” added group member Walt Sinclair. For some time, ChainFree Asheville has had a standing offer to build fences for people with tethered dogs, at no cost to the pet owner. The organization has built several such fences and plans to continue the service.

The ordinance also allows the temporary use of livestock, particularly goats, to thin grass, ivy and kudzu. In addition, beehives are now allowed within 100 feet of a neighboring property (down from 150 feet). City permits would be required in both cases.

Another provision prohibits residents from “knowingly or willingly” leaving food waste, pet food or grain where it could attract threatening wild animals, such as bears. But some, including Wild Birds Unlimited co-owner Chris Jaquette, read that change as prohibiting bird feeders, which sometimes lure bears. “This is going to hurt my business,” he predicted. “It puts out the idea that this is something that is going to get you cited.”

Coexisting with wildlife, said Jaquette, is part of living in the Appalachian region. “A lot of folks come here because nature is at your doorstep,” he noted. Jaquette was one of several speakers who argued that new developments intruding into forested areas are a more likely contributor to bear problems.

Staff, however, clarified that the provision would be triggered only if a resident disregarded a notice from the Animal Services Unit that a bear had been sighted in the area, and even then, the restrictions would apply for only a limited period of time.

The discussion got some Council members talking about their own associations with animals.

“I’ve gotta come clean: I’ve had chickens,” confessed Council member Robin Cape, adding that in her experience, hens are generally tame and quiet.

Council member Carl Mumpower said he raises bees (which can also attract bears, he noted), and Vice Mayor Jan Davis admitted: “We always had a hound or two we kept chained up. I know it’s not the thing to do now—now we have a pen.”

Nonetheless, Davis said he would probably be among “the minority at the table” who would not support the proposed changes, citing enforcement problems compounded by budget issues. And keeping chickens, he emphasized, is more work than some residents might imagine. “We’re a progressive community, and that’s the thing to do right now, so we’re going to keep chickens. But neglected chickens is something I think we’re going to have a big problem with.”

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