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Homestead, FL Animal Ordinances: Bird Protection (2026)

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

Key Facts

Sanctuary area
Entire city designated a bird sanctuary
Core ban
Trapping, shooting, hunting, molesting birds banned citywide
Nests
Robbing bird or wild fowl nests also prohibited
Exception
Nuisance-bird destruction needs health authority + police oversight
Penalty
Up to $500 fine or 60 days jail (Sec. 1-11)
Continuing violation
Each day of violation is a separate offense

Summary

Homestead's code declares the entire city a bird sanctuary and makes it unlawful to trap, shoot, hunt or otherwise molest any bird or wild fowl, or to rob a bird's nest, anywhere inside city limits, with violations enforced under the city's general penalty and a narrow health-authority nuisance exception.

The entire area embraced within the city is hereby designated as a bird sanctuary. ... It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests; provided, that if birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the health authorities, such birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the police department of the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 87).

Full Breakdown

Sec. 4-3 of the City of Homestead Code of Ordinances, carried over from Code 1975 § 5-7, designates the entire area within the city as a bird sanctuary. Sec. 4-4, derived from Code 1975 § 5-8, backs that designation with a broad prohibition: no one may trap, shoot, hunt or attempt to shoot any bird or wild fowl, molest one in any manner, or rob a bird's or wild fowl's nest, anywhere in the city. The only carve-out is narrow and administrative, not a resident's self-help right.

If birds congregate in a particular locality in numbers that, in the opinion of health authorities, create a nuisance or a menace to health or property, those birds may be destroyed, but only in the manner the health authorities deem advisable and only under the supervision of the Homestead Police Department. An ordinary property owner bothered by pigeons, grackles or other birds on their own land has no independent authority under this chapter to trap, shoot or otherwise molest them; that decision belongs to city health officials working with police oversight.

Chapter 4 does not attach its own fine to Secs. 4-3 or 4-4, so a violation falls to the citywide general penalty in Sec. 1-11: a fine of up to $500, up to 60 days in jail, or both, with each day a violation continues treated as a separate offense. Chapter 4 cross-references Chapter 19 (nuisances) and Chapter 7 (code enforcement) as the enforcement pathways, and separately notes the state law reference to cruelty to animals under Fla. Stat. Chapter 828.

Violations & Fines

Because Secs. 4-3 and 4-4 carry no standalone fine, a violation is punished under the citywide general penalty, Sec. 1-11: a fine not exceeding $500, imprisonment not exceeding 60 days, or both, at the judge's discretion. Each day the violation continues is a separate offense, and only the health authorities, working with the Homestead Police Department, may order destruction of nuisance birds.

Frequently Asked Questions

Can I shoot or trap birds bothering my property in Homestead?
No. Sec. 4-4 designates the entire city a bird sanctuary and bans trapping, shooting, hunting or molesting any bird or wild fowl anywhere within city limits, with no homeowner self-help exception. Only city health authorities, acting under police department supervision, can order destruction of birds found to be a genuine nuisance or health menace in a particular locality.
Is robbing a bird's nest illegal in Homestead?
Yes. Sec. 4-4 explicitly makes it unlawful to rob bird nests or wild fowl nests anywhere in the city, alongside the ban on trapping, shooting, hunting or otherwise molesting birds. There is no exception for nests found on private property.
What's the penalty for violating the bird sanctuary ordinance?
Chapter 4 sets no specific fine for Secs. 4-3 or 4-4, so the citywide general penalty in Sec. 1-11 applies: up to a $500 fine, up to 60 days in jail, or both, with each day a violation continues counted as a separate offense.

Sources & Official References

Other rules in Homestead

All Homestead rules

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