Gaithersburg and Montgomery County do not impose breed-specific restrictions on dogs. Maryland Courts and Judicial Proceedings Article 3-1901 eliminated breed-specific strict liability after the legislature overturned the 2012 Tracey v. Solesky ruling. All dog breeds are treated equally under a rebuttable presumption standard.
Maryland Courts and Judicial Proceedings Article 3-1901, as amended in 2014, eliminated breed-specific strict liability for dog bites. The 2012 Maryland Court of Appeals ruling in Tracey v. Solesky had declared pit bulls and pit bull mixes inherently dangerous, imposing strict liability on their owners and landlords. The General Assembly overturned this ruling, establishing a breed-neutral rebuttable presumption standard: evidence that a dog caused personal injury creates a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities. This applies equally to all breeds. Gaithersburg and Montgomery County do not have breed-specific legislation. Unlike neighboring Prince Georges County, which has maintained a pit bull ban since 1997, Montgomery County treats all dog breeds equally. Gaithersburg Chapter 4 requires all dogs to be licensed, vaccinated against rabies, and under the control of their owner. Dangerous dog determinations are made on an individual basis regardless of breed.
Dog bite liability: rebuttable presumption of owner knowledge under Art. 3-1901. No breed-specific penalties. Dangerous dog determination: individual assessment regardless of breed. All dogs must be licensed and vaccinated.
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