Whittier, CA Animal Ordinances: Bird Protection (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
Section 12.40.120, sitting inside Chapter 12.40's "tree ordinance" alongside the trimming and removal permit rules of Sections 12.40.040 and 12.40.050, 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. In practice, that means the same director who issues a permit to trim or remove a parkway tree under Section 12.40.040 or processes a trimming request under Section 12.40.050 has to weigh migratory-bird protection before authorizing the work, since the manual, reviewed by the parks, recreation and community services commission at least every five years under Section 12.40.050(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. Enforcement of a wildlife-interaction violation tied to tree work runs through the chapter's general penalty and appeal structure: penalties for noncompliance with permit conditions are calculated under the manual per Section 12.40.130, and a permittee can appeal under Section 12.40.140.
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?
Can the city deny a tree-trimming permit to protect nesting birds?
What law actually protects the birds, not just the trees?
Sources & Official References
Other rules in Whittier
California rules heatmap·Compare Whittier to another location·View the California animal ordinances overview
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