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Miami Beach, 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 Sec. 10-6
Coverage
All territory in the city
Prohibited acts
Injure, kill, hunt, capture, molest birds
Nests/eggs
Taking or possessing prohibited
Exception
Police chief permit for state/federal scientific permit holders

Summary

Miami Beach declares the entire city a bird sanctuary under Sec. 10-6, banning killing, hunting, capturing or molesting any bird anywhere in city limits, along with traps, poisons and nets aimed at birds and the taking of nests or eggs.

(a)All territory embraced within the city is declared to be a bird sanctuary.(b)It shall be prohibited for any person to injure, kill, hunt, destroy, capture or molest, by any means whatsoever or in any manner or form, any bird within the city; provided, that the chief of police may issue a special permit therefor to persons holding a valid permit to destroy birds for scientific purposes issued by the state fish and game commission and by the United States Fish and Wildlife Service, Department of the Interior.

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 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).

Full Breakdown

Sec. 10-6(a) declares 'all territory embraced within the city' a bird sanctuary, the broadest possible geographic reach: it covers public and private property alike, not just parks or beaches. S. Fish and Wildlife Service permit to destroy birds for scientific purposes. Subsection (c) separately bars using any pitfall, deadfall, scaffold, cage, snare, trap, net, salt-lick, blind-pen, bait-hook, bait-field or similar device, or any drug, poison, chemical or explosive, to injure, capture or kill game birds or wild birds within the city. Subsection (d) protects nests and eggs directly: no one may take or willfully destroy the nest or eggs of any game bird or wild bird, or even possess them.

5) and has not been narrowed since, so it applies today to the pigeons, shorebirds and wading birds throughout South Beach and the barrier island the same as it would to a protected species. Because chapter 10 places general animal-ordinance enforcement with the police department, fire department and code compliance officers under the Sec. 10-1 definition of animal control officer, a bird-sanctuary violation is handled through the same civil-infraction and special-magistrate process as other chapter 10 offenses unless it also implicates state or federal wildlife law.

Violations & Fines

A violation of Sec. 10-6 is enforced as a civil infraction like other chapter 10 offenses: an officer issues a notice of violation, and Sec. 10-2's general fine schedule of $50 for a first offense, $100 for a second within 12 months and $200 for each additional offense applies unless the conduct also triggers separate state or federal wildlife penalties.

Frequently Asked Questions

Is all of Miami Beach a bird sanctuary?
Yes. Sec. 10-6(a) declares 'all territory embraced within the city' a bird sanctuary, meaning the protection applies citywide on both public and private property, not just designated park land.
Can I remove a bird nest from my property in Miami Beach?
No. Sec. 10-6(d) prohibits taking or willfully destroying the nest or eggs of any game bird or wild bird, or even possessing them, anywhere in the city.
Are bird traps or bait ever allowed?
Sec. 10-6(c) bans using traps, nets, snares, poison or similar devices against birds citywide; the only exception in the section is a police-chief permit tied to an existing state and federal scientific-collection permit.
What happens if someone harms a bird in Miami Beach?
It is treated as a civil infraction under the chapter 10 process, with Sec. 10-2's general fine schedule of $50, $100, then $200 for repeat offenses within 12 months, unless state or federal wildlife law also applies.

Sources & Official References

Other rules in Miami Beach

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