Breed Restrictions: Gaithersburg vs Takoma Park
How do breed restrictions rules compare between Gaithersburg, MD and Takoma Park, MD?
Gaithersburg and Takoma Park have similar restriction levels.
Gaithersburg, MD
Montgomery County
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.
View full Gaithersburg rules →Takoma Park, MD
Montgomery County
No breed-specific bans exist. Maryland HB 73 (2014) eliminated breed-specific liability statewide. All owners face the same negligence standard. Dogs are classified dangerous by behavior, not breed.
View full Takoma Park rules →Key Facts Comparison
| Fact | Gaithersburg | Takoma Park |
|---|---|---|
| Breed Bans | None in Gaithersburg | None -- no breed-specific legislation |
| State Law | MD Courts Art. 3-1901 | HB 73 (2014) eliminated breed-specific liability |
| Standard | Rebuttable presumption, all breeds | - |
| Tracey v. Solesky | Overturned by legislature (2014) | - |
| Contrast | Prince Georges Co. has pit bull ban | - |
| Liability Standard | - | Same negligence standard for all breeds |
| Licensing | - | Annual license required through Montgomery County |
| Dangerous Dogs | - | Based on behavior, not breed |
Highlighted rows indicate differences between cities.
Gaithersburg FAQ
Are pit bulls banned in Gaithersburg?
No. Gaithersburg and Montgomery County do not have breed-specific restrictions. Maryland law treats all dog breeds equally under a rebuttable presumption standard after the legislature overturned the Tracey v. Solesky ruling in 2014.
How does Maryland handle dog bite liability?
Under Courts and Judicial Proceedings Article 3-1901, evidence that a dog caused injury creates a rebuttable presumption that the owner knew or should have known the dog had dangerous propensities. This applies equally to all breeds.
Does any nearby county ban specific breeds?
Yes. Prince Georges County has maintained a pit bull ban since 1997, defining pit bulls as any dog at least 50 percent bull terrier breed. Montgomery County and Gaithersburg have no such ban.
Takoma Park FAQ
Are pit bulls banned in Takoma Park?
No. Takoma Park has no breed-specific bans. Maryland eliminated breed-specific liability rules in 2014 with HB 73. All dog owners are held to the same negligence standard regardless of breed.
What makes a dog legally dangerous in Takoma Park?
Montgomery County classifies dogs as dangerous based on behavior (biting, attacking, threatening), not breed. Dangerous dog designations carry requirements for secure enclosures, muzzling in public, and liability insurance.
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