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Montgomery County, MD Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Gaithersburg, and Rockville have their own outdoor smoking restrictions rules that differ from Montgomery County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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).

View official code

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?
Only on a rooftop or balcony portion of its outdoor serving area: ground-level patios and decks must be smoke-free under § 24-9(e)(1).
Is smoking banned at County bus stops?
Yes. § 24-9(b)(11) bans smoking on County-owned property including bus shelters and bus stop areas.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland public conduct overview

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Outdoor Smoking Restrictions in Cities Across Montgomery County