§ 90.12 BIRD SANCTUARY.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CAGED BIRD. Includes any caged bird legally propagated and raised in captivity for the purpose, but does not include birds captured in the wild.
      DOMESTIC FOWL. Includes chicken (Gallus gallus), turkey, domestic Mallard duck (Anas Platyrhynchos), domestic Muscovy duck (Cairina moschaeta), domestic goose (Anser anser), Chinese goose (Anser cygnoides), swans (Cygnus spp.), helmeted guineafowl (Numida meleagris), ring-necked pheasant (Phasianus colchicus), common peafowl (Pavo cristatus), domestic pigeon (Colomba livia), ostrich (Struthio emelus), emu (Dromaius novaehollandiae), greater rhea (Rhea americana) or other domesticated fowl.
      EXCLUDED SPECIES. Includes domestic fowl, legally caged birds and non-native birds, whether naturalized or not. EXCLUDED SPECIES are not covered by this section. For some species, domesticated individuals are excluded as private property while wild individuals are included as native birds.
      NATIVE BIRD. A bird belonging to a species naturally occurring or residing in or migrating through the city without benefit of current or past transport by humans.
      NON-NATIVE BIRDS. Includes feral rock dove (Columba livia), European starling (Sturnus vulgaris), house sparrow (Passer domesticus), any member of the parrot family (Psittacidae) not native to the states of Nuevo Leon and Tamaulipas, Mexico, or Texas and any other birds transported by humans to North America and released. Naturalized NON-NATIVE BIRDS are those birds which have established themselves and are reproducing in the wild after transport by humans, usually from another continent.
   (B)   It shall be unlawful for any person(s) within the city limits to knowingly or intentionally injure, capture, harass or kill a native bird.
   (C)   It shall be unlawful for any person(s) within the city to knowingly or intentionally take, remove or destroy nestling of native birds from a nest or in any manner take, remove or destroy any eggs of native birds.
   (D)   It shall be unlawful for any person(s) within the city limits to knowingly or intentionally cut down or in any other way harm any tree, shrub or structure in which there exists an active nest of a native birds containing nestlings or eggs on publicly-owned property. Property owners are asked and encouraged to not cut down or harm any tree, shrub or structure in which and while there exists an active nest of a native bird containing nestlings or eggs on their private property.
   (E)   It shall be unlawful for any person(s) within the city limits to knowingly or intentionally release from captivity any caged bird, domestic fowl, non-native bird or naturalized bird. Owners should recapture escapees.
(Ord. 97-01, passed - -1996) Penalty, see § 90.99