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Kane County, IL Animal Ordinances: Bird Protection (2026)

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

Key Facts

Governing section
Kane County Code § 5-36
Fine range
$75 to $500 per offense
Continuing violation
each day is a separate offense
Enforcing agency
Kane County animal control administrator
Applies to
unincorporated Kane County only
Adopted
Ordinance 04-83, February 10, 2004

Summary

Unincorporated Kane County makes it illegal to injure, kill, or attempt to injure or kill any bird or other animal protected by federal or state law, and separately bans disturbing that bird's nest. Kane County Code section 5-36, part of the county's Animal Control Ordinance, is enforced by the animal control administrator with fines running $75 to $500 per offense.

These county ordinances apply to unincorporated areas of Kane County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

5-36: INJURY OR KILLING OF PROTECTED ANIMALS: No person shall injure or kill, or attempt to injure or kill or disturb the nest of any bird or other animal that is protected by federal or state law. (Ord. 04-83, 2-10-2004) ... 5-49: VIOLATIONS; PUNISHMENT: A. Any person violating or aiding in or abetting the violation of any provision of this chapter ... is guilty of an ordinance violation and shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). Each day a person fails to comply constitutes a separate offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 26-183, passed 4-14-2026).

Full Breakdown

' The provision sits in Chapter 5, the Animal Control Ordinance (Kane County Code section 5-1), adopted by Ordinance 04-83 on February 10, 2004, and it applies only to the unincorporated area of the county; Aurora, Elgin, Geneva, St. Charles, Batavia, Carpentersville and South Elgin enforce their own municipal codes. The chapter defines 'animal' broadly as 'any living vertebrate creature, domestic or wild, other than man,' so the nest protection extends to any bird species covered by state or federal wildlife law. Enforcement runs through the Kane County animal control department: the administrator, a state-licensed veterinarian or an appointed nonveterinarian who must defer to a veterinarian on medical calls, and any animal control warden appointed to carry out chapter duties.

Under section 5-43, a department investigator, law enforcement official, or approved humane investigator may enter premises during normal business hours to investigate a complaint, though entry into a residence requires a warrant absent consent. The same chapter separately restricts leghold and body-gripping traps within 150 feet of a road right-of-way and within 1,000 feet of a school, park, library, museum, pool or residence (section 5-40), reflecting the same wildlife-protection purpose. Violations of section 5-36 are prosecuted as ordinance offenses under section 5-49, with the Kane County state's attorney directing proceedings once the administrator reports a case.

Violations & Fines

Killing, injuring, or disturbing the nest of a federally or state-protected bird under section 5-36 is punishable under section 5-49 as an ordinance violation, carrying a fine of not less than $75 nor more than $500. Each day the violation continues is a separate offense. The animal control administrator reports violations to the Kane County state's attorney, who institutes and prosecutes the case in the appropriate court without delay.

Frequently Asked Questions

Does this ordinance apply inside Aurora or Elgin?
No. Kane County Code section 5-36 governs only the unincorporated area of the county. Aurora, Elgin, Geneva, St. Charles, Batavia, Carpentersville and South Elgin are separate municipalities that enforce their own animal control codes, so a nest or bird found inside city limits falls under that city's ordinance instead.
What birds count as 'protected' under section 5-36?
Any bird covered by federal or state wildlife law. Most native wild birds in Illinois, including songbirds and raptors, are protected under federal migratory bird law and Illinois wildlife statutes, so removing or destroying an active nest during construction or tree removal can trigger a violation.
Who investigates a reported violation?
A Kane County animal control department investigator, a law enforcement officer, or an approved humane investigator can enter the premises named in a complaint during normal business hours under section 5-43. Entry into an actual residence still requires a search warrant or the owner's consent.
What is the penalty if I'm cited?
Section 5-49 sets a fine of $75 to $500 for a single violation, and the fine can multiply because each day the condition continues counts as a separate offense. The Kane County state's attorney prosecutes the case once the administrator refers it.

Sources & Official References

Other rules in Kane County

All Kane County rules

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