Portsmouth, VA Animal Ordinances: Bird Protection (2026)

City Code § 4-3 declares the City of Portsmouth, within its corporate limits, a bird sanctuary for the protection of all birds covered by the Migratory Bird Treaty Act, the federal law Congress adopted to protect migratory species. The ordinance carves out three exceptions: starlings, English sparrows, and pigeons receive no protection under this section. The city manager may authorize signs at public places identifying Portsmouth as a bird sanctuary under § 4-3(b), though posting is optional rather than mandatory. Section 4-4 backs the sanctuary designation with a criminal penalty: killing or injuring any protected bird, or destroying or injuring its nest or eggs, is a class 1 misdemeanor, the same class covering the general animal cruelty statute at § 4-7 and punishable per the citywide misdemeanor schedule at § 1-11.

2-6555. A related cross-reference bars hunting or molesting wildlife in city parks at § 25-109, so the sanctuary protection functions alongside, not instead of, park-specific wildlife rules. Because the ordinance tracks the federal Migratory Bird Treaty Act rather than creating its own species list, whether a given bird is protected depends on that federal act; most native songbirds, raptors, and waterfowl found in the Hampton Roads area qualify, while the three excluded species can be addressed without violating § 4-4.