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Kill Devil Hills, NC Animal Ordinances: Bird Protection (2026)

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

Key Facts

Coverage
Entire town, all birds
Prohibited acts
Shoot, destroy or harm birds
State exception
G.S. § 160A-188 only
Enforcing agency
Police Dept. Animal Control
Penalty basis
General penalty, § 10.99

Summary

In the Town of Kill Devil Hills, North Carolina, the entire town is a declared bird sanctuary under § 94.03 of the town code: shooting, destroying or otherwise harming birds anywhere within the corporate limits is prohibited, subject only to the narrow exception in G.S. § 160A-188 for cities acting as sanctuaries under state law.

Except as otherwise provided in G.S. § 160A-188, no person shall shoot, destroy, or in any way harm birds within the corporate limits of the town, which is hereby declared to be a bird sanctuary.

Full Breakdown

§ 160A-188, the state law authorizing municipalities to designate bird sanctuaries and regulate hunting inside them. 03's bird sanctuary designation is narrower and does not carry that hunting carve-out, so discharging a firearm at a bird anywhere in town, on the beach, in the maritime forest around Kitty Hawk Woods or on a residential lot, is barred outright rather than merely discouraged. Enforcement runs through the Kill Devil Hills Police Department's Animal Control Division, the same office that investigates animal cruelty and nuisance complaints under the rest of Chapter 94. § 14-4, in addition to the escalating $50-to-$500-per-day civil penalty the town can impose after written notice.

Violations & Fines

Shooting, destroying or harming a bird anywhere in Kill Devil Hills violates § 94.03 and, absent a more specific penalty elsewhere in Chapter 94, is enforced as a Class 3 misdemeanor under the general penalty in § 10.99, punishable by a fine up to $50 or up to 30 days' imprisonment under G.S. § 14-4, on top of the town's escalating $50-to-$500-per-day civil penalty for a continuing violation after notice.

Frequently Asked Questions

Is Kill Devil Hills really a bird sanctuary?
Yes. Town Code § 94.03 declares the entire corporate limits a bird sanctuary and makes it unlawful to shoot, destroy or in any way harm birds anywhere in town, from the beach and maritime forest to residential yards, with the only exception being the narrow authority state law grants under G.S. § 160A-188.
Does the hunting exemption for animal cruelty also cover birds under the sanctuary rule?
No. The hunting and fishing carve-out appears in the separate cruelty-to-animals section, § 94.02, not in § 94.03. The bird sanctuary designation stands on its own and bars harming birds within town limits regardless of that cruelty-section exemption.
Who enforces the bird sanctuary rule?
The Kill Devil Hills Police Department's Animal Control Division enforces Chapter 94, including the bird sanctuary designation, and a violation is treated under the town's general penalty in § 10.99 since § 94.03 does not set its own fine.

Sources & Official References

Other rules in Kill Devil Hills

All Kill Devil Hills rules

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