CHAPTER 64

An Act to amend the Code of Virginia by adding in Title 8.1 a chapter
numbered 88 containing sections numbered 8.1-1011 through 8.1-1020
relating to control of nuisance birds. F

[S 76]

Approved February 26, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 38 of
Title 3.1 thereof containing sections numbered 3.1-1011 through 3.1-1020
as follows:

§ 3.1-1011. Short title-—The short title of this chapter shall be known
and cited as the ‘““Nuisance Bird Law.”

§ 3.1-1012. Definitions.—For the purpose of this chapter:

(1) “Nuisance birds” means blackbirds, red-winged blackbirds,
grackles, cowbirds, pigeons, and starlings, or any other species so declared
by regulations of the Board when causing or about to cause economic
losses in the State; becoming detrimental to the public health and welfare;
defacing or defiling public or private property or otherwise creating a
public nuisance.

(2) “Board” means the Board of Agriculture and Commerce of the
State of Virginia.

(3) “Commissioner” means the Commissioner of Agriculture and
Commerce of the State of Virginia.

(4) “Person” means any individual, partnership, company, corpora-
tion, society or association.
§ 3.1-1013. Commissioner authorized to conduct investigations,
make surveys, demonstrate and render technical assistance, and develop a
plan of action——The Commissioner, or his representatives, shall conduct
investigations and surveys to determine economic losses or public nuisances
caused by nuisance birds and may develop a plan of action when he has
determined that they are causing or about to cause economic losses in the
State, are detrimental to the public health and welfare, or otherwise
create a public nuisance.

The Commissioner may demonstrate and/or render technical assist-
ance to persons for the suppression of any nuisance birds when it has been
determined that they are defacing or defiling public or private property.

§ 3.1-1014. Advisory Committee—The Commissioner may appoint
an advisory committee to evaluate facts in any particular situation and to
make recommendations to him on the course of action. Plan of action
programs shall be selected and executed so as to protect human life, other
birds, and wildlife.

§ 3.1-1015. Commissioner to investigate and advise upon com-
plaints.—The Commissioner may, upon receipt of a complaint of a nuisance
bird problem from an individual property owner, tenant or sharecropper,
make an investigation and determine the degree of assistance required. If
after such investigation the Commissioner finds suppression necessary, he
shall recommend acceptable means and methods.

§ 3.1-1016. Board may adopt rules and regulations.—The Board may
provide rules and regulations under which the Commissioner may carry
out the purposes of this chapter.

§ 3.1-1017. Commissioner may delegate his authority.—All author-
ity vested in the Commissioner by virtue of the provisions of this chapter
may with like force and effect be executed by such employees of the
Department of Agriculture and Commerce or other cooperators as the
Commissioner may from time to time designate for such purpose.

§ 3.1-1019. Commissioner authorized to cooperate with other agen-
cies.—The Commissioner is authorized to provide assistance and to
cooperate with Federal agencies, other State agencies, other states, polit-
ical subdivisions of the State of Virginia, public and private agencies,
organizations, institutions, and persons in the exercise of the duties im-
posed upon him by this chapter. Any plan of action conducted by the
Commissioner under the provisions of this chapter shall be consistent with
other applicable State and/or federal laws. Money accepted from any
cooperator or person shall be deposited to a special nuisance bird fund
to be expended in the enforcement of this chapter.