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Austin, TX Animal Ordinances: Bird Protection (2026)

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

Key Facts

General bird/fowl protection
City Code Sec. 3-2-61
Native songbird protection
City Code Sec. 3-2-64
Pigeon cap per location
100 birds
Competition pigeon exception
Banded birds may be released
Exempt facilities
Vet clinics, zoos, shelters, pet stores

Summary

Austin makes it an offense to kill or injure any bird or fowl that does not belong to you, and adds an outright ban on killing, injuring, capturing, or selling mockingbirds and other native songbirds or robbing their nests. Pigeon keeping is separately capped at 100 birds per location, with a carve-out for banded competition birds.

Sec. 3-2-61 - KILLING OR INJURING A BIRD OR FOWL. A person may not kill or injure a bird or fowl that does not belong to the person. Sec. 3-2-64 - MOCKINGBIRDS OR OTHER NATIVE SONGBIRDS. (A) A person may not kill or injure a mockingbird or other native songbird. (B) A person may not rob or destroy the nest of a mockingbird or other native songbird. (C) A person may not capture, sell, or offer for sale a mockingbird or other native songbird.

Full Breakdown

City Code Sec. 3-2-61, in the Birds and Fowl article of the animal code, bars a person from killing or injuring a bird or fowl that does not belong to them. Sec. 3-2-64 goes further for native songbirds: a person may not kill or injure a mockingbird or other native songbird, may not rob or destroy its nest, and may not capture, sell, or offer to sell one. Pigeon and similar-bird keeping is regulated separately under Sec. 3-2-63, which caps ownership at 100 pigeons or other birds at one location, while allowing release of a pigeon wearing a leg band issued by a recognized pigeon fanciers' association for exercise, performance, or competition.

Sec. 3-2-62 exempts veterinary clinics, zoos, shelters, pet stores, and educational or institutional research facilities from the pigeon enclosure and quantity rules in Sec. 3-2-17 and Sec. 3-2-63. Anyone keeping birds or fowl in an enclosure must also meet the general Sec. 3-2-11 standard: securely built, adequately sized for the number and kind of animals housed, and maintained sanitarily so it does not breed flies or create an odor offensive to neighboring properties.

Violations & Fines

Killing or injuring any bird or fowl that belongs to someone else is an offense under Sec. 3-2-61, and killing, injuring, capturing, selling, or nest-robbing a mockingbird or other native songbird is a separate offense under Sec. 3-2-64, each independently chargeable. Keeping more than 100 pigeons or similar birds at one location without qualifying for the veterinary, zoo, shelter, pet-store, or research-facility exemption in Sec. 3-2-62 violates the Sec. 3-2-63 cap.

Frequently Asked Questions

Is it illegal to kill a wild bird in Austin?
Yes, if it belongs to someone else. Sec. 3-2-61 makes it an offense to kill or injure a bird or fowl that does not belong to the person doing it, and Sec. 3-2-64 adds a flat ban on killing or injuring mockingbirds or other native songbirds specifically.
Can I remove a mockingbird's nest from my property in Austin?
No. Sec. 3-2-64(B) prohibits robbing or destroying the nest of a mockingbird or other native songbird, with no property-owner exception listed in the ordinance.
How many pigeons can I keep at my Austin property?
Up to 100 pigeons or other birds at one location under Sec. 3-2-63(A), unless your property qualifies for the veterinary, zoo, shelter, pet-store, or research-facility exemption in Sec. 3-2-62.
Can I release my competition pigeons in Austin?
Yes. Sec. 3-2-63(B) allows release of a pigeon bearing a leg band issued by a recognized association of pigeon fanciers for exercise, performance, or competition.

Sources & Official References

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