Milpitas, CA Animal Ordinances: Bird Protection (2026)
Key Facts
- Applies in
- Any park in the City of Milpitas
- Protected
- Domestic or wild animals (includes birds)
- Permit source
- City Manager or authorized agent
- 1st offense
- Fine up to $100
- 2nd offense (1 yr)
- Fine up to $200
- 3rd+ offense (1 yr)
- Fine up to $500
- Continuing violation
- Each day is a new infraction
Summary
In the City of Milpitas, no one may trap, catch, injure, annoy, molest, or destroy any wild or domestic animal inside a city park without a written permit from the City Manager. The Animal Trapping rule sits among a short list of permit-only park activities, alongside running a business or soliciting donations, and protects the birds and other wildlife that use Milpitas's park system, including Ed Levin Park and the creek-side trails.
Unless a written permit is first obtained from the City Manager or his authorized agent, and subject to such conditions as may be imposed in connection therewith, it shall be unlawful for any person, firm or corporation to do any of the following acts within any park in the City of Milpitas. ... Trapping, catching, injuring, annoying, molesting, or destroying any domestic or wild animal.
Full Breakdown
Section V-9-4.00 of the Milpitas Municipal Code makes it unlawful, absent a written permit from the City Manager or an authorized agent, to do any of several listed acts within any park in the City of Milpitas. Section V-9-4.03, titled Animal Trapping, is one of those acts: trapping, catching, injuring, annoying, molesting, or destroying any domestic or wild animal on park property. Because the section reaches both 'domestic or wild animal,' it covers songbirds, waterfowl, and other birds that nest or feed in Milpitas parks such as Ed Levin Park, Sandy Wool Lake, and the creek trail system, not just dogs or cats.
The same permit-only list in Section V-9-4 bars running a business or concession, soliciting donations, remaining in a park after 10:00 p.m., and using a loudspeaker without City Manager approval, so animal trapping sits alongside activities the Council treats as needing case-by-case oversight rather than an outright citywide ban. Because Section V-9-4.03 is not named in the Municipal Code's schedule of misdemeanors at Section I-1-4.09-3, a violation defaults to an infraction under Section I-1-4.09-1 rather than a misdemeanor, and enforcement typically falls to Milpitas Police Department park patrols or Code Enforcement staff within Planning and Neighborhood Services. Santa Clara County Animal Services, which handles Milpitas's animal-control contract, may also respond where a trapped or injured bird or animal is involved.
Violations & Fines
A first violation of the park rules, including unauthorized animal trapping, is an infraction under Section I-1-4.09-1 punishable by a fine of up to $100. A second violation of the same offense within one year rises to a fine of up to $200, and a third or further violation within that year rises to up to $500. Each day the violation continues counts as a new, separate infraction under the same section.
Frequently Asked Questions
Is it illegal to trap or catch a bird in a Milpitas park?
Who enforces the animal trapping ban in Milpitas parks?
What other activities need a City Manager permit in Milpitas parks?
How much can I be fined for illegally trapping wildlife in a Milpitas park?
Sources & Official References
Other rules in Milpitas
California rules heatmap·Compare Milpitas to another location·View the California animal ordinances overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Bird Protection in Nearby Cities
How other cities in Santa Clara County handle bird protection.