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Melbourne, FL Animal Ordinances: Bird Protection (2026)

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

Key Facts

Governing section
City Code § 10-2
Scope
All lands and waters within the city
Protected
Any bird, waterfowl or wild animal
Adopted
Ord. No. 2001-31, June 26, 2001
Maximum penalty
$500 fine or 60 days jail

Summary

Melbourne has declared every land and water area within the city a wildlife sanctuary. Sec. 10-2 makes it unlawful to intentionally kill or injure any bird, waterfowl or wild animal anywhere inside the city limits, a blanket local protection layered on top of state and federal wildlife law.

Sec. 10-2. - Designation of city as wildlife sanctuary. All lands and waters within the city are hereby declared to be and are designated as a wildlife sanctuary and, as such, it shall be unlawful for any person to intentionally kill or injure any bird, waterfowl or wild animal within said area.

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 32).

Full Breakdown

Sec. 10-2, adopted in 2001, designates 'all lands and waters within the city' as a wildlife sanctuary. Within that designation, the code makes it 'unlawful for any person to intentionally kill or injure any bird, waterfowl or wild animal within said area,' with no carve-out for private property, meaning the sanctuary status applies citywide rather than to a specific park or preserve. This sits in Chapter 10, Article I, alongside Sec. 10-1, which separately adopts the Brevard County animal control ordinance as the 'City of Melbourne Animal Control Code' for domestic-animal matters like leash and nuisance enforcement, so bird and wildlife protection under Sec.

10-2 is enforced independently of the county's dog-and-cat animal control program. Because Sec. 10-2 does not carry its own penalty clause, a violation falls back on the citywide general penalty in Sec. 1-14, and intentional killing or injury of protected native species may separately trigger state penalties under the Florida Fish and Wildlife Conservation Commission's jurisdiction referenced elsewhere in Chapter 10's animal permit article, since Sec. 10-25 confirms the city defers permitting of state-regulated wildlife to the FWC. The sanctuary designation does not require a permit or registration; it operates as a flat prohibition rather than a licensing scheme, distinguishing it from the permit-based animal-keeping rules that follow in Article II of the same chapter.

Violations & Fines

Intentionally killing or injuring any bird, waterfowl or wild animal anywhere in the city violates Sec. 10-2 and is enforced under the citywide general penalty in Sec. 1-14: a fine of up to $500, up to 60 days in the county jail, or both, with each incident treated as a separate offense. Conduct involving state-regulated or protected species can also draw separate enforcement from the Florida Fish and Wildlife Conservation Commission.

Frequently Asked Questions

Is all of Melbourne a wildlife sanctuary?
Yes. Sec. 10-2 designates 'all lands and waters within the city' as a wildlife sanctuary, not just a specific park or preserve, so the protection against intentionally killing or injuring a bird, waterfowl or wild animal applies citywide, including private property.
What happens if I injure a wild bird in Melbourne?
Intentionally killing or injuring a bird, waterfowl or wild animal violates Sec. 10-2 and is punishable under the citywide penalty in Sec. 1-14: up to a $500 fine, up to 60 days in jail, or both. State wildlife penalties can apply separately for protected species.
Does Melbourne's wildlife sanctuary rule require a permit?
No. Sec. 10-2 is a flat prohibition on intentionally killing or injuring birds, waterfowl or wild animals citywide; it does not involve a permit or license. That is distinct from the animal-keeping permits addressed later in the same chapter's Article II.

Sources & Official References

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