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Gaithersburg, MD Animal Ordinances: Wildlife Feeding (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 4-6
Covers
Wild animals and rabies vector species
Allowed exception
Elevated bird/small-mammal feeders excluding deer
Not a violation
Feed from vegetation or gardening, § 4-6(c)
City power
Order temporary feeder removal, § 4-6(d)

Summary

Feeding or otherwise attracting wild animals and rabies-vector species like raccoons, foxes, skunks, deer and groundhogs is unlawful in Gaithersburg under City Code § 4-6, though elevated feeders for wild birds and small mammals are allowed if they exclude deer and vector species.

(a)It is unlawful for a person to use an attractant or otherwise to engage in any activity or behavior that is intended to attract, to encourage the tameness of or to otherwise encourage any wild animal or any designated rabies vector species to be unafraid of human activity.(b)Attractants may be placed solely for the purpose of feeding wild birds and small mammals if placed in feeding devices or structures at a sufficient height or design to prevent access by deer or rabies vector animals.(c)Feed that is deposited by natural vegetation or found solely as a result of normal agricultural or gardening practices is not a prohibited attractant.(d)The city manager or designee may from time to time require the temporary removal of such structures and devices during a high incidence of rabies or otherwise to protect the health, safety and welfare of residents.

View official code

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 4-6(a) makes it unlawful to use an 'attractant,' defined in § 4-1 as food products, pet food, feed, grain or salt, or otherwise engage in behavior intended to attract or tame any wild animal or 'designated rabies vector species,' the list of species the state identifies each year as capable of carrying rabies. Section 4-6(b) carves out an exception: attractants may be placed solely to feed wild birds and small mammals if the feeding device or structure is built or positioned at a height or design that keeps deer and rabies vector animals from reaching it.

Feed that lands naturally from vegetation, or that results from ordinary agricultural or gardening practices, is not a prohibited attractant under § 4-6(c). The city manager can also order the temporary removal of feeding structures and devices under § 4-6(d) during a period of high rabies incidence, or otherwise to protect resident health and safety. 'Wild animal' is defined in § 4-1 to include designated rabies vector species and other non-domesticated mammals such as deer, foxes, coyotes, opossums, raccoons, skunks and groundhogs.

Violations & Fines

Violating § 4-6 is a municipal infraction 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 each incident a separate offense. Ignoring a city manager order to temporarily remove a feeding structure during a rabies alert under § 4-6(d) is itself an additional violation, and the city may pursue injunctive or mandamus relief under § 4-2(b) to stop ongoing feeding.

Frequently Asked Questions

Can I feed deer in my Gaithersburg yard?
No. City Code § 4-6(a) bans placing an attractant that draws or tames a deer, since deer are treated among the wild animals the section targets, and deer access is specifically what the feeder-height exception is meant to block.
Is feeding birds banned too?
No. Section 4-6(b) allows attractants placed solely for wild birds and small mammals as long as the feeder is designed or positioned high enough to keep out deer and rabies vector species.
What if birdseed just falls naturally from my plants?
That's not a violation. Section 4-6(c) excludes feed deposited by natural vegetation or found as a normal result of agricultural or gardening practices from the definition of a prohibited attractant.
Can the city make me take down my bird feeder?
Yes, temporarily. Section 4-6(d) lets the city manager order the temporary removal of feeding structures during a period of high rabies incidence or otherwise to protect resident health and safety.

Sources & Official References

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