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Boulder, CO Animal Ordinances: Bird Protection (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
BRC § 6-1-35(a)
Sanctuary created by
§6-1-33, citywide
Poison ban
§6-1-34, any wild bird
Permit path
§6-1-39 special permit
Max penalty
$2,650 fine or 90 days jail

Summary

Boulder Revised Code § 6-1-35 makes it unlawful to shoot at, wound, kill, capture, ensnare, net, trap, or injure any wild bird within the city, or to damage a protected bird's eggs or nest, backed by the city's declared bird sanctuary in Section 6-1-33. Landowners who knowingly let someone else do it are equally liable.

(a)Except as authorized by provisions of this chapter, it shall be unlawful for any person in the city knowingly to shoot at, wound, kill, capture, ensnare, net, trap or injure any wild bird, or for any person to damage the eggs or nest of any protected bird. It shall also be unlawful for any landowner within the city knowingly to permit another to engage in any of the actions forbidden by this subsection.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 167 Update 3).

Full Breakdown

Section 6-1-35(a) bars anyone in the city from knowingly shooting at, wounding, killing, capturing, ensnaring, netting, trapping, or injuring a wild bird, and separately bars damaging the eggs or nest of a protected bird. The prohibition extends to landowners: a property owner who knowingly permits someone else to do any of those things is also liable. This sits inside the city's Bird Protection Sanctuary, created by Section 6-1-33, which declares the entire city "a sanctuary for the refuge of protected birds" based on findings that lethal control methods are often ineffective and can harm nontarget species, and urges residents to use mechanical or structural methods to discourage nesting rather than lethal ones.

Section 6-1-34 separately bans poisoning any wild bird or distributing poison meant to poison one. Section 6-1-35(b) lists six affirmative defenses, including incidental capture while removing a bird or nest from a structure such as a sidewalk covering, action needed to protect an existing structure or resolve a verified health or safety hazard under a Section 6-1-39 special permit, purely humanitarian capture-and-release, and activities by Humane Society of Boulder Valley employees, veterinarians, Colorado Division of Wildlife staff, City Park Rangers, City Wildlife Managers, permitted wildlife rehabilitators, or holders of a federal depredation permit.

Because 6-1-35 sets no penalty of its own, a violation is punished under the general penalty in Section 5-2-4: up to $2,650 in fines, up to ninety days in jail, or both.

Violations & Fines

Violating Section 6-1-35 is punished under the citywide general penalty, Section 5-2-4: up to $2,650 in fines, up to ninety days in jail, or both, since the bird protection section carries no fine of its own. Landowners who knowingly permit a violation on their property face the same exposure as the person who did the shooting, trapping, or nest damage.

Frequently Asked Questions

Can I remove a bird's nest from my porch in Boulder?
Only carefully. Section 6-1-35(b)(1) provides a defense for incidental capture or injury while removing a bird or its nest from a structure, including a sidewalk covering, but deliberately damaging eggs or a nest outside that narrow circumstance still violates 6-1-35(a).
Is trapping a nuisance bird ever legal in Boulder?
Only with a special permit under Section 6-1-39, granted when the birds pose a shown health hazard or block a council-approved public improvement project, and only after the applicant shows nonlethal exclusion or repellents were tried first or are infeasible.
Does Boulder's bird law cover the whole city?
Yes. Section 6-1-33 declares the entire city a bird protection sanctuary, and Section 6-1-35's ban on shooting, capturing, or injuring wild birds applies citywide, not just in parks or open space.

Sources & Official References

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