Montgomery County, MD Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- County Code § 24-9
- Rooftop/balcony carve-out
- Allowed for restaurants
- Golf course seating
- Exempt if unstaffed
- Penalty
- Class C civil violation, per day
Summary
Montgomery County bans smoking and vaping in outdoor restaurant and bar serving areas, plus County-owned outdoor property like bus stops, under Code § 24-9.
Smoking and vaping are prohibited in certain public places. A person must not smoke or use any electronic cigarette in or on any: ... (12) outdoor serving area, except as provided in paragraph (c)(9) or (e).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
County Code § 24-9(b)(12) bars smoking or vaping in any outdoor serving area: a patio, deck, porch, or other outdoor eating/drinking space run by a restaurant or bar. Restaurants may carve out a smoking section only on a rooftop or balcony (§ 24-9(e)(1)), and golf-course outdoor seating is exempt if the eatery doesn't serve food or drink there (§ 24-9(c)(9)). The same section also bans smoking on County-owned outdoor property such as bus shelters and bus stop areas (§ 24-9(b)(11)).
Violations & Fines
Class C civil violation; each day of violation is a separate offense (§ 24-9(l)(1)). DHHS may suspend a repeat-violating restaurant's license for up to 3 days.
Frequently Asked Questions
Can a restaurant have an outdoor smoking patio in Montgomery County?
Is smoking banned at County bus stops?
Sources & Official References
Other rules in Montgomery County
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