Gaithersburg, MD Animal Ordinances: Breed Restrictions (2026)
Key Facts
- No breed-specific rule
- Designation is behavior-based, § 4-5
- Potentially dangerous test
- Includes 3 at-large incidents/12 months
- Designated-dog leash cap
- 6 feet, adult handler required
- Dangerous-dog pen minimum
- 5 ft x 10 ft, sides sunk 2 ft
- Noncompliance consequence
- Permanent removal from the city
- Attack dog enclosure
- 6-ft fence with barbed-wire anti-climb top
Summary
Gaithersburg does not name or restrict any dog breed. Instead, City Code § 4-5 lets the city manager declare an individual animal 'potentially dangerous' or 'dangerous' based on its own demonstrated behavior, triggering mandatory secure confinement, a leash cap, signage and other conditions regardless of breed.
(a)Potentially dangerous animals. The city manager or designee may deem any of the following to be a potentially dangerous animal:(1)Any animal that chases, approaches in a threatening manner or otherwise menaces a person or another domestic animal in a manner exhibiting an aggressive or attack demeanor;(2)Any animal with a known propensity, tendency, or disposition to attack, without provocation, persons or other domestic animals in a manner which threatens the health and safety of such persons or other domestic animals;(3)Any animal which has either been observed by an animal control officer or otherwise determined to be at large, or which has been impounded by the city, on three (3) separate occasions within the immediately preceding twelve-month period;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
Section 4-5(a) authorizes a 'potentially dangerous animal' finding for any animal that menaces a person or pet with an aggressive demeanor, has a known unprovoked attack propensity, or has been observed at large or impounded three separate times within a 12-month period; a finding cannot rest on behavior directed at someone who has provoked or abused the animal, or who was committing a crime. Once designated, § 4-5(b) requires the owner to keep the animal indoors or in a secure enclosure, cap any leash at six feet under an adult handler's control, provide the city a current photo, post caution signage, and comply with any further city manager conditions, including neutering or microchipping at the owner's expense.
A 'dangerous animal' finding under § 4-5(d) applies to an animal that bites a person or kills or badly injures another pet off its owner's property, and carries tougher terms in § 4-5(e): a locked pen at least five feet by ten feet with sides sunk two feet into the ground, tattoo identification, signage, and a duty to notify the city immediately if the animal escapes, attacks, dies, or is sold. Owners of attack or guard dogs must keep them behind a six-foot fence topped with an angled anti-climb device carrying barbed wire, per § 4-5(g); police dogs are exempt under § 4-5(h).
Violations & Fines
Failing to comply with the confinement, leash, signage or notification directives for a potentially dangerous or dangerous animal is grounds for the animal's permanent removal from the city under § 4-5(c) and (f). General Chapter 4 violations are also municipal infractions enforceable under § 1-9 pursuant to § 4-2(a), with the maximum penalty for each initial and repeat violation set by city council resolution, and the city may separately pursue injunctive or mandamus relief.
Frequently Asked Questions
Does Gaithersburg ban pit bulls or other dog breeds?
What behavior triggers a 'potentially dangerous' declaration?
What must the owner of a declared dangerous dog do?
What happens if an owner won't comply with the conditions?
Sources & Official References
Other rules in Gaithersburg
How Gaithersburg compares: Cities with No Dog Breed Restrictions·Compare Gaithersburg to another location·View the Maryland animal ordinances overview
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Breed Restrictions in Nearby Cities
How other cities in Montgomery County handle breed restrictions.