Melbourne, FL Animal Ordinances: Bird Protection (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.
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?
What happens if I injure a wild bird in Melbourne?
Does Melbourne's wildlife sanctuary rule require a permit?
Sources & Official References
Other rules in Melbourne
Florida rules heatmap·Compare Melbourne to another location·View the Florida animal ordinances overview
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