Northwood News ♦ December 2010

Officer Doug on the Law on Drinking in Public

By Douglas J. Miller

[Officer Miller responds to a list serve discussion on a group of teens repeatedly drinking alcohol and becoming rowdy at Belton and Lockridge Roads during nice weather.]

Drinking alcohol in public is illegal, technically.  We have a latitude to enforce these and all laws.  For those who want real specifics, or just for curiosity, here are the charges:

• Article 2B-19-202(a)1, Drinking on Public Property (sidewalk, park, etc.) — Criminal Offense:  $100 fine.
• Article 2B-19-202(a)2, Drinking in a Shopping Center Parking Lot — Criminal Offense:  $100 fine.
• Article 2B-19-202(a)3, Drinking in a Retail Parking Lot — Criminal Offense:  $100 fine.
• Article 2B-19-202(a)4, Drinking in a Parked Vehicle (on any of the above, including public street) — Criminal Offense:  $100 fine.
• Article 2B-19-301(b)1, Possession of an Open Container in a Shopping Center Parking Lot — Criminal Offense:  $100 fine.
• Article 2B-19-301(b)2, Possession of an Open Container in a Retail Parking Lot — Criminal Offense:  $100 fine.
• Article 2B-19-301(b)3, Possession of an Open Container in a Parked Vehicle — Criminal Offense:  $100 fine

CR 10-100 to CR 10-120 are the civil violations (possession under age 21, etc.).  A big one we enforce is CR 10-117, where an adult (someone over the age of 21) has furnished alcohol to people under 21.  That’s a $2,500 fine for the first offense and $5,000 for a second offense and judges do hammer the fines.  Parents are allowed to let their own kids drink for personal or religious reasons in their own homes, but they have no right to provide alcohol for their children’s friends.  But usually our presence and a simple warning to take it inside is enough to end it.  Plus it’s not illegal to drink on your property unless you are under 21.

It seems as though things are handling themselves well.  I would suggest, as most people are doing, to be neighborly and address the topic with the family.  Do it at normal hours if it’s more comfortable.  If you are nervous or worried about personal safety, then call the police.

As I said before, when you call 911 or the nonemergency number (301.279.8000), your calls get ranked by seriousness.  Obviously, assaults, robberies, etc., get preference and noise complaints and drinking in public are the lowest priority.  Every night is different, so our response times will be different.  Weekends are usually busy because everyone is out enjoying themselves and/or getting into trouble but that can be any night.  For example, on any given night, two very serious calls have the potential to tie up the majority of the district (dealing with the bad guys, giving aid to victims, looking for remaining bad guys, processing the crime scene, etc.).  We all care but sometimes we just can’t get to the problems until they are gone.  Keep calling though.  We have people who look for trends.  If a particular neighborhood or street has an increased call volume, then they sometimes notify the officers who adjust their patrols.

Common sense goes a long way of solving most problems.  Take care.

[Miller is an Patrol Officer with the Montgomery County Police Department, stationed at the Silver Spring District.  He lives in our neighborhood.]   ■