Animal Ordinances in Gaithersburg, MD

If you live in Gaithersburg or are thinking about moving there, animal ordinances are one of those things you probably won't think about until they affect you directly. Gaithersburg has 8 specific rules on the books covering different aspects of animal ordinances, and some of them might surprise you.

Exotic Pets

Gaithersburg bans keeping wild and exotic animals as pets outright. City Code § 4-101 makes it unlawful to sell, keep, board or exhibit any 'prohibited animal,' a list that names monkeys, alligators, raccoons, foxes, bears, sea mammals, poisonous snakes and any non-domestic cat, plus every domestic farm animal from horses to goats.

Key details: Ban scope: wild, exotic and farm animals as pets. Named prohibited species: monkeys, alligators, raccoons, foxes, bears. Exception: fixed zoos, licensed research/medical institutions. Exception: falconers with federal or state raptor permit. Only lawful path: §4-102 temporary permit from city manager.

Keeping, selling, boarding or exhibiting a prohibited or performance animal without one of the § 4-101(c) exceptions or a § 4-102 temporary permit is a municipal infraction under § 4-26, citable under Article 23A of the Maryland Annotated Code. The animal can be impounded and, if unclaimed or the owner does not prevail on appeal, disposed of; fines increase with each repeat violation under the fee schedule the mayor and council set by resolution.

This is not one of those rules that cities tend to ignore. Gaithersburg actively enforces its exotic pets requirements.

Breed Restrictions

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.

Key details: 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.

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.

This is one of the stricter rules in Gaithersburg's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Mandatory Spay/Neuter

Gaithersburg has no citywide spay/neuter mandate for pets, but City Code § 4-5(b)(5) and (e)(6) require a dog declared 'potentially dangerous' or 'dangerous' to be neutered and/or microchipped, at the owner's expense, within a period the city manager sets.

Key details: No general mandate: No citywide spay/neuter law. Trigger: Dog declared dangerous, § 4-5(b)(5),(e)(6). Cost: Borne entirely by the owner. Breeding permit: Required for any breeding, § 4-8.1. Breeding age window: Female must be 2-6 years old.

Failing to have a designated potentially dangerous or dangerous dog neutered or microchipped as directed is grounds for the animal's permanent removal from the city under § 4-5(c) and (f). Separately, failing to obtain a required breeders or litter permit under § 4-8.1 is a municipal infraction with a fine set by city council resolution and can result in seizure and impoundment of the female animal and her litter.

Wildlife Feeding

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.

Key details: 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).

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.

Beekeeping

Beekeeping in Gaithersburg is permitted under Maryland Agriculture Article 5-501, which requires every beekeeper to register each apiary annually with the Maryland Department of Agriculture before April 1. There is no Gaithersburg-specific ban or municipal permit requirement for keeping bees. The state registration allows the State Apiary Inspector to track colony health and inspect for diseases such as American foulbrood and varroa mite infestations. Montgomery County zoning (Chapter 59) may impose accessory-use conditions in specific residential zones, and hive placement should follow general nuisance setback principles to avoid creating disturbances for neighbors. Best management practices recommended by the Maryland Beekeepers Association include maintaining a flyway barrier of at least 6 feet near property lines, providing an on-site water source, and keeping colony numbers appropriate to the lot size. The MDA Apiary Inspection program provides free guidance and disease testing for registered beekeepers throughout the state.

Key details: State Law: MD Agriculture Article 5-501. Registration: Annual with MD Dept. of Agriculture by April 1. City Ban: None -- permitted in Gaithersburg. Inspection: State Apiary Inspector may inspect for disease. Best Practice: 6-ft flyway barrier near property lines.

Failure to register with MDA by April 1: subject to state enforcement action and potential inability to move colonies across county lines. Nuisance complaints from neighbors are handled through Montgomery County code enforcement and may result in required relocation of hives or colony reduction.

Pet Store Rules

Gaithersburg does not ban pet shops or commercial kennels from selling dogs, cats or other animals, but City Code § 4-81 makes it unlawful to operate one without an annual license from the animal control officer, who must inspect the premises before issuing or renewing it. Plain pet supply stores selling only supplies need no license.

Key details: License: annual, issued by animal control officer. Employee training: 1.5 hrs within 15 days of hire. Hot water standard: minimum 160°F for cleaning. Sale age minimum: no dogs/cats under 8 weeks. Reapply wait: 60 days after revocation or denial.

Operating a pet shop or commercial kennel without a current § 4-81 license, or failing to meet the § 4-82 care standards or § 4-83 caging rules, exposes the business to license suspension or revocation by the animal control officer and to municipal infraction citations under Chapter 4. More than six Class B citations or two suspensions in one license period is itself grounds for revocation, and animals on the premises after revocation can be condemned, sold or euthanized at the licensee's expense.

This is not one of those rules that cities tend to ignore. Gaithersburg actively enforces its pet store rules requirements.

Dog Leash Laws

A dog off its owner's property in Gaithersburg must be on a leash and under a capable handler's effective control; being 'at large' without that restraint is declared an animal public nuisance under City Code § 4-4(a)(1), except in city-designated dog exercise areas.

Key details: Leash rule: Restraint required off owner's property, § 4-1. Violation label: Animal public nuisance, § 4-4(a)(1). Off-leash exception: City-designated dog exercise areas. Escalation trigger: 3 at-large incidents in 12 months. Escalation result: Potentially dangerous designation, § 4-5(a)(3).

Violations of Chapter 4, including keeping a dog at large, are 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 each incident a separate offense; the animal control board may also impose administrative charges. The city may impound an at-large dog whose owner is not readily accessible under § 4-4(c), and may seek injunctive or mandamus relief under § 4-2(b) for ongoing violations.

Chickens & Livestock

Gaithersburg lets residents keep chickens and other domestic fowl at home, but City Code § 4-7 caps a residential lot at six birds and sets strict placement rules. Enclosures must sit at least 30 feet from any neighboring inhabited dwelling and 5 feet from property lines, or the flock must clear a 200-foot setback instead.

Key details: Flock limit: 6 fowl per residential lot. Standard setback: 30 ft from dwellings, 5 ft from lot lines. Larger-flock setback: 200 ft required to exceed 6 fowl. Coop cleaning: weekly minimum, May 1-Nov 1. Livestock status: cattle, roosters, goats are prohibited animals.

Keeping more than six fowl without meeting the 200-foot setback, or placing an enclosure inside the 30-foot/5-foot minimum, is a municipal infraction under § 4-26 enforced by the city's animal control officer. Fines follow a schedule the mayor and council set by resolution under § 4-27 and increase with each repeat offense. Keeping a prohibited farm animal, including a rooster, without a § 4-102 temporary permit is a separate violation subject to impoundment.

The Bottom Line

Gaithersburg is tougher than many cities when it comes to animal ordinances. Out of the 8 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Gaithersburg, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Gaithersburg can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.