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Tempe, AZ Animal Ordinances: Bird Protection (2026)

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

Key Facts

Governing section
Tempe City Code § 21-3(b)(21)
Petition threshold
3 witnesses, separate households
Triggering harm
Frequent public bird defecation
Waiver
Available with independent evidence
Max civil sanction
$2,000/day per property

Summary

Tempe cites keeping or feeding outdoor birds as a nuisance when frequent public defecation from the birds annoys or disturbs a neighborhood. City Code § 21-3(b)(21) requires a petition from at least three witnesses in separate households before the City can act, a higher bar than the two-witness threshold for barking animals.

The keeping or feeding of outdoor birds that by frequent public defecation on private or public property, annoys or disturbs a neighborhood or any number of persons; provided, that an action for a violation of this subsection shall not be initiated, unless a petition is received signed by at least three (3) witnesses in separate households with independent knowledge of the nuisance. The petition requirements may be waived if the circumstances and evidence otherwise support grounds for enforcement.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

" The subsection is built around bird droppings specifically, not noise, so it reaches backyard flocks, pigeon feeding stations or dense roosting sites whose mess spreads onto neighboring yards, sidewalks or the street. As with the barking-animal rule in Section 21-3(b)(19), the City cannot open a case on its own initiative: it must first receive a petition signed by at least three witnesses from separate households who have independent knowledge of the nuisance, one more signature than the two required for noisy pets, reflecting how the Council calibrated the evidentiary bar by nuisance type.

That petition requirement can be waived "if the circumstances and evidence otherwise support grounds for enforcement," letting an inspector proceed on documented conditions, photographs of accumulated droppings, or repeat complaints, without waiting on three signed witness statements. Once triggered, enforcement follows the standard Chapter 21 path: a notice to comply issued by Community Development under Section 21-43 giving the property owner a compliance window, then a citation under Section 21-42 if the bird-feeding nuisance continues.

Violations & Fines

A confirmed violation of Section 21-3(b)(21) is enforced as a civil sanction under Section 21-42, with fines set by the Council's schedule and capped at $2,000 per day per property, plus a $50 default fee for a missed hearing; the City may instead charge a Class 1 misdemeanor. Each day the bird-feeding nuisance continues past the notice-to-comply deadline is a separate offense.

Frequently Asked Questions

Can I be cited for feeding birds in my backyard in Tempe?
Only if the feeding causes frequent public defecation that annoys or disturbs a neighborhood, per Section 21-3(b)(21), and the City has received a petition signed by at least three witnesses from separate households, unless an inspector's own evidence is enough to waive that step.
Why does the bird rule need three witnesses instead of two?
Chapter 21 sets a higher evidentiary bar for outdoor bird nuisances than for barking animals, which need two witnesses under Section 21-3(b)(19). The bird provision, Section 21-3(b)(21), requires three witnesses from separate households before the City can initiate an action.
What counts as a bird nuisance under this section?
The ordinance is defecation-driven: it covers keeping or feeding outdoor birds when their frequent public defecation on private or public property annoys or disturbs a neighborhood or any number of people, not noise or numbers of birds alone.

Sources & Official References

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