Gaithersburg, MD Public Conduct: Public Alcohol Use (2026)

Section 15-1 of the Gaithersburg City Code addresses alcohol consumption on the grounds of larger apartment complexes, not on public streets or in city parks generally. The ordinance makes it unlawful to consume an alcoholic beverage or to possess an open container of one in the parking lot or common area of a residential apartment community containing four or more dwelling units, unless the property owner or an authorized agent has given prior written approval. The code defines a residential apartment community as a residential property containing leased multi-family dwelling units, so the rule targets rental complexes rather than condominiums or single-family neighborhoods.

Because the prohibition sits in Chapter 15, Offenses Miscellaneous, it carries the general penalty set for that chapter. Section 15-19 makes any violation of a Chapter 15 provision a misdemeanor punishable as provided in Section 1-7 of the code, which sets a fine of up to $500, imprisonment for up to 90 days, or both, at the discretion of the court, with each day of a continuing violation treated as a separate offense. Gaithersburg police officers can issue a citation in lieu of arrest under Section 1-8 rather than take a person into custody.

Property managers who want to allow drinking at a resident event, such as a pool party or clubhouse gathering, avoid a violation by securing written approval in advance; verbal permission from an on-site leasing agent does not satisfy the section's written-approval requirement. The rule was adopted by Ordinance No. O-11-99 on November 1, 1999, and has not been substantively amended since.