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Gaithersburg, MD Public Conduct: Public Urination (2026)

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

View official code

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?
Yes. Section 15-7 covers not just public places but also the area on or about any privately owned retail business establishment and its adjacent parking area, so the prohibition follows the conduct onto nearby commercial property, not just city streets and parks.
Is using a portable toilet at a festival covered by this ban?
No. Section 15-7 exempts conduct inside any enclosed restroom or similar facility that is clearly designated to the public for that purpose, which includes portable toilets set up for a public event, park restrooms and store bathrooms open to customers.
What penalty applies to a first violation?
A conviction is a misdemeanor under Section 15-19, carrying a fine of up to $500 or up to 90 days in jail, or both, at the discretion of the court, the same general penalty that applies throughout Chapter 15 of the Gaithersburg City Code.

Sources & Official References

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