Gaithersburg, MD Public Conduct: Loitering Rules (2026)

Section 15-4 of the Gaithersburg City Code defines loitering broadly: standing around or remaining, or parking and remaining parked in a vehicle, at a public place or a place open to the public while engaging in conduct the section prohibits. 'Place open to the public' reaches beyond city streets into privately owned parking lots, stores, offices and apartment building lobbies and hallways, while 'public place' covers streets, sidewalks, parks, playgrounds, municipal parking lots and vacant lots.

The ordinance prohibits three kinds of loitering conduct: interfering with, impeding or hindering pedestrian or vehicle traffic; interfering with, obstructing, harassing, cursing, threatening or physically harming another member of the public; or acting in a way that makes a breach of the peace or disorderly conduct reasonably likely. A separate clause bars remaining without lawful business within 100 feet of any exterior portion of a business that sells alcoholic beverages for off-premises consumption if a police officer orders the person to move on and public safety is at stake. Anyone loitering in a public place must also identify themselves by name and address if a uniformed or properly identified plainclothes officer asks, when the circumstances indicate public safety requires it.

The section expressly protects orderly picketing and other lawful assembly, and it builds in a warning requirement: no one can be charged under Section 15-4 unless the arresting officer first warned them of the violation and they failed or refused to stop. The rule dates to Ordinance No. O-2-69 and was last amended by Ordinance No. O-4-07 in February 2007.