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Albuquerque, NM Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
ROA § 10-1-1-3(C), Park Property rules
Protects
eggs, nests, and young of any bird
Feeding ban
no food, tobacco, alcohol to birds/wildlife
Penalty
up to $500 fine, 90 days jail
Companion rule
§ 5-8-6(F), Open Space Lands
Enforced by
Parks & Recreation, APD

Summary

Albuquerque's Parks Code bans hunting, harming, frightening, or shooting at any bird within city parks, and it makes removing or possessing a bird's eggs, nest, or young illegal. Feeding birds noxious substances like tobacco or alcohol is also prohibited. Violators face the city's general penalty of up to a $500 fine and 90 days in jail.

(C) Wild Animals, Birds and the like.

(1) Hunting. No person in a park shall hunt, molest, harm, frighten, tease, shoot or throw missiles at any animal, reptile or bird; nor shall a person remove or possess the young of any wild animals, or the eggs or nest, or young of any reptile or bird. Exception is made for poisonous reptiles, such as rattlesnakes, which may be killed if presenting an immediate, direct, and proximate threat.

(2) Feeding. No person in a park shall give or offer food, tobacco, alcohol, or other known noxious or injurious substances to any bird or wild animal. Park users shall clean up and remove all food scraps and wrappers that could attract wild animals.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).

Full Breakdown

Section 10-1-1-3(C) of the Revised Ordinances of Albuquerque, part of the city's Park Property rules, protects birds and other wildlife inside every city park. Subsection (C)(1) makes it unlawful to hunt, molest, harm, frighten, tease, shoot, or throw missiles at any bird, and it separately bars removing or possessing a bird's eggs, nest, or young. The only carve-out is for poisonous reptiles that pose an immediate threat; birds get no comparable exception. Subsection (C)(2) adds a feeding rule distinct from feeding wildlife generally: no one may give or offer food, tobacco, alcohol, or other noxious or injurious substances to a bird or wild animal in a park, and park users must clean up food scraps and wrappers that could attract wildlife.

The ordinance dates to Ord. 150-1971 and was last amended by Ord. 2024-046. A companion rule outside the park system, Section 5-8-6(F) of the Open Space Ordinance, separately bars feeding, harming, hunting, trapping, or collecting birds and other animals on the city's Open Space Lands and Regional Preserves, so the same conduct is regulated whether it happens in a neighborhood park or on Open Space trails. Neither section reaches the narrower feral-pigeon nuisance rule at Section 9-18-3, which addresses intentional pigeon feeding as a civil violation rather than bird harm.

Enforcement of the park rule falls to the Parks and Recreation Department and Albuquerque Police Department; the Mayor delegates comparable citation authority for the parallel Open Space provision.

Violations & Fines

Because Chapter 10, Article 1 sets no bird-specific fine, a violation of Section 10-1-1-3(C) is punished under the city's general penalty at Section 1-1-99: a fine of up to $500, up to 90 days in jail, or both, with each day of a continuing violation counted as a separate offense. Open Space bird harm under Section 5-8-6(F) is enforced the same way, through citation authority the Mayor delegates to city personnel patrolling those lands.

Frequently Asked Questions

Can I feed birds in an Albuquerque park?
No. Section 10-1-1-3(C)(2) bars giving birds or wild animals food, tobacco, alcohol, or other noxious substances anywhere in a city park, and it requires park users to clean up scraps and wrappers that could attract wildlife. This is separate from the feral-pigeon feeding ban in Section 9-18-3, which targets pigeon nuisances specifically.
Is it illegal to take a bird's nest or eggs in Albuquerque?
Yes. Section 10-1-1-3(C)(1) makes it unlawful to remove or possess the eggs, nest, or young of any bird found in a city park, with no exception for common species. The same conduct on city Open Space Lands is separately barred by Section 5-8-6(F) of the Open Space Ordinance.
What is the penalty for harming birds in an Albuquerque park?
Chapter 10 sets no dedicated fine, so a violation defaults to the city's general penalty at Section 1-1-99: up to a $500 fine, up to 90 days in jail, or both, with each day of a continuing violation treated as a separate offense.
Does the bird protection rule apply outside city parks?
Within park boundaries, Section 10-1-1-3(C) governs. On the city's Open Space Lands and Regional Preserves, a parallel rule at Section 5-8-6(F) bars feeding, harming, hunting, trapping, or collecting birds, so the protection follows city-managed land generally, not just designated parks.

Sources & Official References

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