Tempe, AZ Animal Ordinances: Bird Protection (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.
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?
Why does the bird rule need three witnesses instead of two?
What counts as a bird nuisance under this section?
Sources & Official References
Other rules in Tempe
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