Gaithersburg, MD Public Conduct: Public Urination (2026)
Key Facts
- Governing section
- City Code § 15-7
- Covers
- public places and adjacent private retail lots
- Exempt
- designated enclosed restroom facilities
- Maximum fine
- $500 (§ 1-7)
- Maximum jail term
- 90 days
- Adopted
- Ordinance No. O-5-95, June 5, 1995
Summary
Gaithersburg makes it unlawful to urinate or defecate in or around any public place, way, building, structure or park, or near a privately owned retail business or its parking area. City Code Section 15-7 exempts use of an enclosed restroom or similar facility clearly designated for that purpose, and a violation is prosecuted as a Chapter 15 misdemeanor.
It shall be unlawful for any person to urinate or defecate on or about any public place, way, building, structure or park, or on or about any privately owned retail business establishment or parking area adjacent thereto. This section shall not apply to such conduct in any enclosed restroom or similar facility clearly designated to the public for such activity.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
Section 15-7 of the Gaithersburg City Code, adopted by Ordinance No. O-5-95 on June 5, 1995, prohibits urinating or defecating on or about any public place, public way, building, structure or park within the city. The prohibition extends past purely public land: it also covers the area on or about any privately owned retail business establishment or the parking area adjacent to it, so a person cannot avoid the ordinance simply by stepping onto a store's private lot. The only carve-out in the section is for conduct that takes place inside an enclosed restroom or similar facility that is clearly designated to the public for that activity, meaning a portable toilet at a public event, a park restroom or a store bathroom.
Because Section 15-7 sits in Chapter 15, Offenses Miscellaneous, alongside the loitering and disturbing-the-peace provisions, it is enforced the same way those sections are: Section 15-19 makes a violation a misdemeanor punishable as provided in Section 1-7, meaning a fine of up to $500, imprisonment of up to 90 days, or both, at the court's discretion. City police may issue a citation in lieu of an arrest under Section 1-8 rather than take the person into custody on the spot, and each separate act of the offense would be charged individually.
Violations & Fines
Violating Section 15-7 is a misdemeanor under Section 15-19, punishable by a fine of up to $500, up to 90 days in jail, or both, per Section 1-7. Officers can issue a citation in lieu of arrest under Section 1-8 rather than take a person into custody for the offense.
Frequently Asked Questions
Does the ban apply on private property, like a store parking lot?
Is using a portable toilet at a festival covered by this ban?
What penalty applies to a first violation?
Sources & Official References
Other rules in Gaithersburg
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