Kill Devil Hills, NC Animal Ordinances: Bird Protection (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
Kill Devil Hills Town Code § 94.03 declares the entire corporate limits of the town a bird sanctuary, making it unlawful for any person to shoot, destroy or in any way harm birds within town boundaries, subject only to the exception the section itself carves out for G.S. § 160A-188, the state law authorizing municipalities to designate bird sanctuaries and regulate hunting inside them. The provision sits in Chapter 94, Animals, alongside the town's general cruelty-to-animals section, § 94.02, which separately makes it unlawful to molest, torture, torment, cruelly beat, wound, poison or kill any animal, though that section carves out hunting and fishing allowed under the North Carolina General Statutes; § 94.03'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. Because § 94.03 does not set out its own penalty clause, a violation falls back on the chapter's cross-referenced remedies and the town's general penalty in § 10.99, which treats an unspecified violation of the code as a Class 3 misdemeanor under G.S. § 160A-175 and G.S. § 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?
Does the hunting exemption for animal cruelty also cover birds under the sanctuary rule?
Who enforces the bird sanctuary rule?
Sources & Official References
Other rules in Kill Devil Hills
Compare Kill Devil Hills to another location·View the North Carolina animal ordinances overview
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