Smoking | Environmental Health
Violating the Montgomery County Non-Smoking law is $50 for the first offense and $75 for each repeat offense.
Montgomery County Smoke-Free Playground Areas & Common Areas in Apartments/Condominiums
The Montgomery County Board of Health Regulation 17-210 became effective August 12, 2011 and bans:
- Smoking in common indoor areas of multi-unit residential dwellings.
- Smoking within 25 feet of a playground area on privately owned property that has a primary purpose of serving residents of more than one dwelling unit.
- Common areas and playgrounds are required to post at least one sign in each area prohibiting smoking. The signs must include the words "No Smoking"; the international symbol for no smoking; or both the words "No Smoking" and the international symbol.
Non-Smoking Documentation | Format |
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Sample Smoking Ban Letter | |
Smoking Complaint Affidavit | |
No Smoking Sign |
All Montgomery County Non-Smoking signs should display the international symbol, no smoking phrase or both.
Posting appropriate "NO SMOKING" sign requirements
- Signage Requirements - Signs are to be posted at each entrance stating: "No Smoking by Order of the Montgomery County Code § 24-9. Enforced by the Department of Health and Human Services. "
- Minimum dimensions: 6 1/2" high x 11" wide with "No Smoking" in letters at least 3/4" high, and "by Order of the Montgomery County Code § 24-9. Enforced by the Department of Health and Human Services" in letters at least 3/8" high.
- The international "No Smoking" symbol may be used as a substitute for the "No Smoking" phrase.
- The sign must be of a contrasting color from the background.
- Variation to the sign must be pre-approved by the Department of Health and Human Services. You may submit requests in writing for alternative wording to the Office of Licensure and Regulatory Services, 2425 Reedie Drive, 9th floor, Wheaton, Maryland 20902 or fax to 240-777-3088.
Refuse to serve a patron who violates the law while in a public facility.
- Service Requirement: The owner or management of an establishment or covered area must refuse to serve or seat anyone who smokes in a prohibited area and must ask them to leave if he/she continues to smoke. We suggest that the initial contact with the smoker is to remind them that smoking is prohibited as mandated by County law and ask them to extinguish it immediately.
When did the smoking ban go into effect?
Are there any penalties for violating the law?
The fine for violating the law is $50 for the first offense. A patron as well as the establishment can be fined for violating the law. The Department of Health and Human Services may suspend the license of an Eating and Drinking Establishment (Food Service Facility) for up to three days for failure to maintain properly posted signage or for permitting patrons to smoke in their establishments.
What are the smoking regulations for Montgomery County and the State of Maryland?
Montgomery County Code § 24 - Health and Sanitation
- Chapter 24-9: Smoking in Public Places. Enforcement by Montgomery County Department of Health and Human Services, Office of Licensure and Regulatory Services, 240-777-3986.
- Chapter 24-9B: Availability of Tobacco Products to Minors. Enforcement by Montgomery County Board of Liquor License Commissioners, 240-777-1999.
- Chapter 24-9C: Distribution of Tobacco Products to Minors. Enforcement by Montgomery County Board of Liquor License Commissioners, 240-777-1999.
- Chapter 24-9D: Tobacco Product - Placements. Enforcement by Montgomery County Board of Liquor License Commissioners, 240-777-1999.
Code of Maryland Regulation (COMAR) 10.15.03.05 B (3) - Food Service Facilities
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Code of Maryland Regulation (COMAR) 10.15.03.05 B (3) - Use of Tobacco During Food Preparation. Enforcement by Montgomery County Department of Health and Human Services, Office of Licensure and Regulatory Services, 240-777-3986.
- Code of Maryland Regulation (COMAR) 09.12.23 - Smoking in Enclosed Workplaces. Enforcement by Maryland Occupational Safety and Health (MOSH), 410-803-2837.