Gaithersburg, MD Animal Ordinances: Wildlife Feeding (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.
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?
Is feeding birds banned too?
What if birdseed just falls naturally from my plants?
Can the city make me take down my bird feeder?
Sources & Official References
Other rules in Gaithersburg
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