No good resolution to neighbor dispute over barking dogs
Driven crazy by the barking dogs of neighbors, Judy West says she is pulling up her life-long stakes in Haywood County and abandoning her farm, but not without sounding a warning to her fellow county residents: it could happen to you one day, too.
“It has destroyed our life. It has destroyed our home and our property. We can no longer farm because we have to listen to dogs all day long,” West said.
The Wests live near a dog and cat rescue shelter, which houses around 14 orphaned dogs at any given time awaiting adoption or transport.
West has been at odds with Duke’s Animal Haven since it opened next door to her two years ago. She has repeatedly called the sheriff’s office to report Duke’s for noise violations, and has sworn out her own nuisance claim in court. Nothing stuck.
The barking isn’t bad enough to cross the threshold of a noise violation — defined as “any unreasonably loud, disturbing of raucous and unnecessary noises which annoy or disturb a reasonable person of normal sensibilities.”
County Attorney Chip Killian said the noise ordinance is subjective by definition.
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So West made a last-ditch emotional plea at a Haywood County commissioners meeting in late July — partly just to share her plight and partly as a warning cry that a lack of rules in the county leaves people vulnerable to encroachments like this.
West said the commissioners should pass stronger rules to protect people in the future.
“I know some of you’uns mothers and some of you’uns grandmothers and you know what is right and what is wrong,” West said, tearing up as she spoke. “To let dogs destroy two people’s lives who are elderly and with health problems, shame on you.”
Helen McLeod, who operates Duke’s Animal Haven, said barking is minimal. In an attempt to alleviate West’s complaints, the shelter was soundproofed on the inside and dogs barely go outside.
“The dogs only get to go out twice a day because of them,” McLeod said.
They only go out one at a time to reducing barking. Plus, vegetation and a soundproof fence were also put in. Deputies have visited the property several times in response to complaints from West, but have never found the shelter to be in violation of the noise ordinance.
Disputes between neighbors over barking dogs aren’t unique. Kirkpatrick, an attorney who’s seen them first hand, said the story line is almost always the same.
“I’ve had homeowners who say they want dogs to quit barking and dog owners saying their dogs aren’t barking,” Kirkpatrick said.
Commissioners respond
Commissioners listened sympathetically to West, but were at a loss of what they could do. The only way to stop someone from building an animal shelter in an otherwise residential area would be rules for what can be built where — a.k.a. zoning.
“The only way we as county commissioners could regulate the use of property is by passing zoning ordinances,” Commissioner Kirk Kirkpatrick replied.
Kirkpatrick said zoning is too controversial and not something commissioners want to take on.
“If we said we were going to zone this county signs would be going up and this place would be full of people,” Kirkpatrick said at the commissioners meeting where West spoke.
However, there is middle ground between whole-hog countywide zoning and the laissez-faire approach.
Some counties have rules banning certain operations deemed particularly detrimental to neighbors — like landfills and racetracks — through a so-called “high-impact” use ordinance.
Macon County has one that regulates things along the lines of asphalt plants, mining pits, slaughterhouses and hazardous material factories. They must have a buffer of 1,000 to 1,500 feet from the nearest property line in every direction. At a minimum, you would need a tract of at least 25 acres, with the operation smack dab in the middle, to accomplish a 1,000 foot set back from any neighboring property line.
Haywood County actually has a handful of ordinances that address certain types of operations, like junkyards, cell towers and adult entertainment. The county has a blanket ban on billboards and helicopter sightseeing businesses, as well.
But Haywood lacks a general “high-impact” ordinance against egregious enterprises.
“Everybody wants bacon but no one wants a pig farm next door,” Kirkpatrick said.
After West’s shared her issue publicly at a county meeting in July, commissioners asked County Manager Ira Dove to visit Duke’s Animal Haven and see what he found. He reported back at the next meeting.
“They were definitely making attempts to keep any noise down,” Dove said, citing the soundproofing and accommodations to keep the dogs indoors. Dove said barking could be heard from the dogs of other homeowners, but he didn’t particularly hear much barking from the shelter at the time he was there.
Commissioner Bill Upton said the issue is a delicate one.
“There is no good answer when it comes to the balance of property rights and still being a good neighbor. We are still searching,” Upton said.
