Answer Man: My neighbor won't stop feeding the bears!

John Boyle | The Citizen-Times

Show Caption Hide Caption Why doesn't Asheville provide 'bear-proof' trash cans? A reader in East Asheville has a real problem with bears getting into trash and wonders why the city doesn't provide "bear-proof" trash cans.

Today’s batch of burning questions, my smart-aleck answers and the real deal:

Question: Out here in Buncombe County, we have a family of snowbirds who feed our local bears, contributing to all the problems you highlighted in your previous column. Neighbors have spoken to them, but they are stubborn. Can we go to the police to seek some legal action get them to stop? What if someone is hurt because of their irresponsible behavior?

My answer: I've got to assume these are the same folks who use blow dryers in the bath tub, slow down for green lights and eat raw chicken for the thrill of it.

Real answer: Seriously, stop doing this, people!

We'll get to the legalities in a second, but it's worth noting off the top why feeding bears is such a bad idea, especially if you purportedly love the animals.

"Basically, it habituates bears to human foods, so that the bear loses the fear of humans," said Mike Carraway, a wildlife biologist with the North Carolina Wildlife Resources Commission. "And it attracts bears and draws bears into residential neighborhoods where the bears can have interactions with people who don’t want them there."

Bears can become a nuisance, as they learn quickly where food is and will return to the same places to dine. They are notorious for getting into garbage cans and bird feeders.

To be clear, bears are not typically aggressive toward humans. But they are wild animals, with strong instincts, including protection of their young.

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A reader chastised me last week for making a crack on a radio program about bear maulings in Asheville, which I thought was very clearly a joke. So, for the record...

"We do not have a bear mauling problem here in Asheville," Carraway said. "At the present time, people and bears seem to get along very well."

Why doesn't Asheville provide 'bear-proof' trash cans? A reader in East Asheville has a real problem with bears getting into trash and wonders why the city doesn't provide "bear-proof" trash cans.

With 6,000-8,000 bears in the mountains of Western North Carolina, that's saying something.

But, as Carraway says, feeding bears "increases the probability that it might happen someday." He also says the old saying, "A fed bear is a dead bear," is absolutely true, because they're more likely to be hit by cars in residential areas, or even shot or otherwise killed by people who don't want them around.

So, for the thousandth time, don't feed bears!

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Now, as far as legalities, I wrote a column last year on this topic, and the Buncombe County Sheriff's Office and Asheville Police Department weighed in.

Their positions remain unchanged, so I'm quoting from their statements of a year ago.

To review: Buncombe County does have an ordinance regarding nuisance animals, and that could apply to bears, according to Natalie Bailey, spokeswoman for the Buncombe County Sheriff's Office.

Chapter 6 of the county ordinances addresses animals, with section 57 addressing "public nuisance" animals.

It reads, in part: "The keeping of any animal in such manner or in such numbers as to constitute a public nuisance is hereby prohibited." Public nuisances include, "The keeping, possessing, harboring or feeding of any animal which may threaten the public health, safety and welfare of the community..."

That offers some grounds for intervening, according to Sgt. Robert Robinson of the Sheriff’s Office Animal Services division.

Robinson says if someone knows that there is a person in the community that is feeding bears or other wildlife, and members of the community, or their pets, are harmed by those bears or wildlife, then it's possible the person feeding the wildlife would be subject to litigation, even it not directly involved.

Bailey added this last year: "If proof is received by law enforcement that someone is feeding bears or other wildlife, that person would be fined for violating the ordinance civilly, or possibly criminally, if that behavior continues."

Some counties in other states have passed ordinances that specifically prohibit bear feedings, and ultimately that's what Carraway would like to see locally. The Wildlife Resources Commission's law enforcement officers cannot write criminal citations for bear feeding, as they would need a statewide law to reference.

"The Wildlife Resources Commission can't pass regulations to that effect by itself," Carraway said. "The state legislature could."

So that would seem to leave the matter up to the county. Ultimately, Carraway says, it's up to the county to enforce its ordinance.

Also, bear feeders need to consider legal liability if a person or pet is injured or killed by bears someone was feeding, as lawyers could argue they, ahem, bear partial responsibility for creating the problem.

In the city limits, the Asheville Police Department has jurisdiction, but don't look for enforcement there, as the state has no law banning it.

Christina Hallingse, spokeswoman for the Asheville Police Department, said last year, "Feeding bears is not illegal and therefore the Asheville Police Department cannot cite individuals for doing so." She cited Lt. Mike Yelton, who oversees the APD's Animal Control Division.

He stated, "While it's not illegal to feed bears, this type of activity is strongly discouraged. Although these creatures are cute and cuddly, their presence in heavily populated areas, such as neighborhoods, is dangerous."

Hallingse said last week nothing has changed in the city's stance.

This is the opinion of John Boyle. Contact him at 232-5847 or jboyle@citizen-times.com