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Whittier, CA Animal Ordinances: Bird Protection (2026)

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

Key Facts

Federal law incorporated
Migratory Bird Treaty Act, 1918
Local standards source
Parkway Tree Manual
Located in
Chapter 12.40, tree ordinance
Enforced via
Same permit system as tree trimming/removal
Penalty basis
Manual's fee schedule under Sec. 12.40.130

Summary

Trimming or removing a tree in Whittier isn't just about the tree. Municipal Code Section 12.40.120 folds federal migratory-bird law into the city's tree ordinance, requiring that any interaction with wildlife during tree work follow the conditions in the parkway tree manual, on top of the Migratory Bird Treaty Act of 1918's protections for nesting birds.

The Migratory Bird Treaty Act (MBTA) of 1918 was implemented for the protection of migratory birds. Interaction with wildlife must adhere to the requirements and conditions stipulated in the parkway tree manual.

Full Breakdown

050, states that the Migratory Bird Treaty Act of 1918 was implemented for the protection of migratory birds and that interaction with wildlife must adhere to the requirements and conditions stipulated in the parkway tree manual. 050(C), is where any nesting-season timing or handling conditions are actually spelled out. The ordinance text itself does not name protected bird species; it defers entirely to the federal statute's definition of migratory bird and to the manual's operational conditions. 140.

Violations & Fines

Cutting, trimming or removing a tree in a way that violates the wildlife-protection conditions the parkway tree manual sets under Section 12.40.120 is treated like any other tree-permit noncompliance: penalties are calculated under Section 12.40.130, with appeals through Section 12.40.140. Disturbing an active nest covered by the underlying federal Migratory Bird Treaty Act also exposes the person doing the work to separate federal enforcement, independent of the city's own penalty schedule.

Frequently Asked Questions

Does Whittier have its own bird-nesting ordinance?
Not a separate one. Section 12.40.120 of the tree ordinance references the federal Migratory Bird Treaty Act of 1918 and requires that any interaction with wildlife during tree work follow the conditions set out in the city's parkway tree manual.
Can the city deny a tree-trimming permit to protect nesting birds?
Yes. Because Section 12.40.120 folds migratory-bird protection into the same chapter that governs trimming and removal permits under Sections 12.40.040 and 12.40.050, the director can condition or delay a permit to comply with the wildlife rules in the parkway tree manual.
What law actually protects the birds, not just the trees?
The federal Migratory Bird Treaty Act of 1918, which Section 12.40.120 expressly incorporates into the city's tree ordinance; violating it can bring federal enforcement in addition to any local permit penalty assessed under Section 12.40.130.

Sources & Official References

Other rules in Whittier

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