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Commerce City, CO Animal Ordinances: Bird Protection (2026)

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

Key Facts

Protected
Nests, eggs and young of birds or fowl
Charge level
Misdemeanor (designated "unlawful")
Liability standard
Strict liability, Sec. 4-1002
Private-property defense
Not available, Sec. 4-2000(h)
Property-damage trapping exception
Sec. 4-2000(i), snares only

Summary

Commerce City makes it unlawful to molest or injure the nest, eggs or young of any birds or fowl within city limits. Sec. 4-2000(c) of the Revised Municipal Code folds this protection into the general mistreatment-of-animals article, and animal control agents enforce it as a strict-liability offense alongside the section's broader bans on trapping and injuring wildlife.

(c)It is unlawful for any person to knowingly, recklessly or negligently capture, ensnare, net, trap or in any other manner molest or injure any animal, other than insects, mice, rats, bats or other wild rodents, or in any manner molest or injure the nest, eggs or young of any birds or fowl. ... (h)The commission on private property of the acts described in subsections (a) through (g) of this section shall not constitute a defense of a violation charged under this section.

Full Breakdown

Sec. 4-2000(c), part of Article II's "Mistreatment and neglect of animals generally," makes it unlawful for any person to knowingly, recklessly or negligently capture, ensnare, net, trap or in any other manner molest or injure any animal, and separately makes it unlawful to molest or injure the nest, eggs or young of any birds or fowl. The section carves out insects, mice, rats, bats and other wild rodents from the general trapping ban, but the nest, egg and young protection for birds and fowl carries no comparable carve-out.

Subsection (h) closes an obvious loophole by providing that committing the prohibited acts on private property is not a defense to a charge under this section, so a homeowner cannot claim the nest was on their own lot. Subsection (i) preserves a narrow property-protection exception: an animal causing damage, injury or destruction to private property may still be trapped or restrained with a snare or mechanical device designed not to injure it, by the property owner, occupant, their agent, or a city, state or federal agent acting in an official capacity, but that exception is about trapping a nuisance animal, not about disturbing a nest.

Because the definition of "Animal" in Sec. 4-1001 already includes birds, the nest and egg protection in subsection (c) operates as a specific reinforcement of that broader definition rather than a stand-alone bird ordinance, and it sits alongside the chapter's bans on poisoning (Sec. 4-2001) and on failing to maintain sanitary animal enclosures (Sec. 4-2002).

Violations & Fines

A violation of Sec. 4-2000(c) is prosecuted under the strict-liability standard in Sec. 4-1002: the city does not need to show the person knew the conduct was occurring, and because the subsection uses "unlawful" it is charged as a misdemeanor in municipal court rather than a civil infraction. Each day the violating conduct occurs or continues counts as a separate offense for sentencing purposes.

Frequently Asked Questions

Is it illegal to disturb a bird's nest on my own property in Commerce City?
Yes. Sec. 4-2000(c) bans molesting or injuring the nest, eggs or young of birds or fowl, and subsection (h) specifically says committing the act on private property is not a defense.
What if a bird is damaging my property?
Sec. 4-2000(i) lets a property owner trap or restrain an animal causing damage with a snare or mechanical device designed not to injure it, but that exception covers the animal itself, not disturbing its nest, eggs or young.
Is disturbing a nest a fine-only ticket or a criminal charge?
It is charged as a misdemeanor in municipal court because Sec. 4-2000(c) labels the conduct "unlawful," and Sec. 4-1002 makes the offense strict liability with each continuing day a separate count.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

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