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Martin County, FL Animal Ordinances: Bird Protection (2026)

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

Key Facts

Prohibited methods
Bow, net, rope, dog, trap, spotlight
Covered area
Public roads and rights-of-way, unincorporated county
First offense penalty
Up to 60 days jail, $200 fine
Repeat offense penalty
Up to 6 months jail, $500 fine
Enacted
Ord. No. 134, 1978; amended Ord. No. 897, 2011
Governing chapter
Code of Ordinances Ch. 155, Art. 5

Summary

Martin County makes it a crime to take or attempt to take any bird, animal, fowl or reptile from a public road, street, highway or its right-of-way anywhere in the unincorporated county. The ban covers bow and arrow, net, rope, dog, trap and spotlighting used to locate or facilitate a take, and a first conviction can draw 60 days in jail and a $200 fine.

These county ordinances apply to unincorporated areas of Martin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person on or from any public highway, street or road or on or from the right-of-way thereof in the unincorporated areas of Martin County, Florida, to take or attempt to take any animal, fowl, bird or reptile by the use of bow and arrow, net, rope, dog or trap and this prohibition shall include the shining of a spotlight for the purpose of disclosing the presence of any animal, fowl, bird or reptile, or to facilitate the taking of any animal, fowl, bird or reptile.

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 62 | Land Development Regulations: Supplement 62).

Full Breakdown

Chapter 155, Article 5 of the Martin County Code of Ordinances (Sec. 134) was adopted in 1978 under Ordinance No. 134 after the Board of County Commissioners declared 'an emergency exists in the County as to taking of animals, fowl, birds or reptiles from the right-of-way of public roads' (Sec. 66(3) (Sec. 132) and enact the ban immediately. The operative rule, Sec. 133, Prohibition of taking from road, makes it unlawful for anyone 'on or from any public highway, street or road or on or from the right-of-way thereof in the unincorporated areas of Martin County' to take or attempt to take any animal, fowl, bird or reptile using a bow and arrow, net, rope, dog or trap, and separately bans shining a spotlight to locate or facilitate taking any of those animals.

Martin County amended the section in 2011 under Ordinance No. 897 to add the spotlighting language, closing a loophole for night hunting from roadside pullouts. The ban only reaches the unincorporated county; it does not extend into Stuart, Sewall's Point, Ocean Breeze Park or Jupiter Island, which enforce their own municipal codes. Sec. 134 sets the penalty: up to 60 days in the Martin County jail and/or a $200 fine for a first conviction, rising to up to six months in jail and/or a $500 fine for any subsequent conviction. Cases are handled as ordinance violations in county court, charged per taking incident rather than per animal.

Violations & Fines

A first conviction under Sec. 155.133 carries up to 60 days in the Martin County jail, a fine of up to $200, or both. Any later conviction escalates to up to six months in jail, up to $500 in fines, or both, under Sec. 155.134. Deputies can cite anyone caught taking wildlife from a roadway or right-of-way with a bow, net, rope, dog, trap or spotlight.

Frequently Asked Questions

Does Martin County's road-taking ban apply inside Stuart or Jensen Beach?
No. Sec. 155.133 only governs the unincorporated areas of Martin County. Stuart, Sewall's Point, Ocean Breeze Park and Jupiter Island are incorporated municipalities that enforce their own codes, so this county ordinance does not reach roads inside their city limits.
Is spotlighting for deer or hogs along a county road illegal?
Yes. Sec. 155.133 specifically bans shining a spotlight on any public road, street, highway or right-of-way in the unincorporated county to disclose the presence of an animal, fowl, bird or reptile, or to help take one, regardless of whether a weapon is ever used.
What happens on a second citation under this ordinance?
Sec. 155.134 doubles the exposure: a subsequent conviction can bring up to six months in the Martin County jail and a fine of up to $500, compared with 60 days and $200 for a first offense, and the case is handled in county court.

Sources & Official References

Other rules in Martin County

All Martin County rules

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