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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Chapter 10A. Child Care.
Article 1. Child Care.
§ 10A-1. Child Care and Early Education Officer.
§ 10A-2. Child care expansion and quality enhancement initiative.
Article 2. Early Childhood Coordinating Council.
§ 10A-3. Early Childhood Coordinating Council.
Article 3. Commission on Child Care.
§ 10A-4. Commission on child care.
Article 4. Child Care Facilities Impact Statements.
§ 10A-5. Child care facilities impact statements.
Article 5. Child Day Care Facilities Loan Program.
§ 10A-6. Purpose and objectives.
§ 10A-7. Eligibility.
§ 10A-8. Uses of funds.
§ 10A-9. Loan amounts and rates.
§ 10A-10. Loan procedures.
§ 10A-11. Revolving loan fund.
Article 6. Early Care and Education Coordinating Entity.
§ 10A-12. Early care and education coordinating entity.
ARTICLE 1. CHILD CARE.
Sec. 10A-1. Child Care and Early Education Officer.
   (a)   Definition. In this Section, Officer means the Child Care and Early Education Officer.
   (b)   The County Executive must designate an employee in the Department of Health and Human Services to serve as a Child Care and Early Education Officer. Among other duties, the Officer must:
      (1)   promote coordination and collaboration among county agencies and departments to expand child care opportunities throughout the County;
      (2)   monitor and support the coordination between the Department of Health and Human Services and the Office of Community Use of Public Facilities to administer the selection of providers in public space, including in Montgomery County Public School facilities, to the extent authorized by State law;
      (3)   monitor and support the implementation of the Child Care Expansion and Quality Enhancement Initiative described in Section 10A-2;
      (4)   provide staff support for the Early Childhood Coordinating Council established in Section 10A-3;
      (5)   monitor and support the implementation of the Early Childhood Initiative as developed by the Coordinating Council;
      (6)   serve as a liaison between County government and the public on child care-related issues; and
      (7)   prepare a Strategic Plan for Child Care by [1 year from date of enactment] that includes:
         (A)   specific goals and implementation strategies for improving early childhood services and child care provider assistance and counseling;
         (B)   planning for new child care services in public space, including in public school projects;
         (C)   planning for expansion of child care space through public-private partnerships;
         (D)   research on the supply, demand, and affordability of child care throughout the County;
         (E)   a plan for a countywide universal child care and preschool program that provides every child an opportunity to participate in a high-quality preschool, early care, and education program; and
         (F)   a plan to improve readiness for children entering kindergarten through enhanced early care and education services.
   (c)   Annual report. By February 1 each year, the Officer must submit to the County Council and County Executive an annual report on:
      (1)   its activities, accomplishments, plans, and objectives;
      (2)   the implementation of the Child Care Expansion and Quality Enhancement Initiative, including the number of family child care providers serviced and types of services provided;
      (3)   steps taken to implement the Strategic Plan for Child Care, Early Care, and Education in the preceding year; and
      (4)   the activities, accomplishments, plans, and objectives of the Early Childhood Coordinating Council, including implementation of the Early Childhood Initiative. (2015 L.M.C., ch. 24, § 2.)
Sec. 10A-2. Child Care Expansion and Quality Enhancement Initiative.
   (a)   Definitions. In this Article, the following words have the meanings indicated:
      Department means the Department of Health and Human Services.
      Director means the Director of the Department or the Director’s designee.
      Family child care provider has the same meaning as in Section 5-550 of the Family Law Article of the Maryland Code or any successor provision.
   (b)   Initiative. The Department must:
      (1)   at least quarterly, hold an information session:
         (A)   for prospective family child care providers, on the steps necessary to become registered or licensed by the State; and
         (B)   for licensed family child care providers, on the steps necessary to achieve State, regional, or national accreditation;
      (2)   provide technical assistance and coordinate business training to family child care providers;
      (3)   if a potential family child care provider is pursuing registration or licensing and has submitted an application to the State Office of Child Care, provide technical assistance and general program support to the provider; and
      (4)   provide services in Spanish, and other languages as requested, in a culturally competent manner.
   (c)   Regulations. The Executive may adopt regulations under Method (2) to administer the Initiative. (2015 L.M.C., ch. 24, § 2.)
ARTICLE 2. EARLY CHILDHOOD COORDINATING COUNCIL.
Sec. 10A-3. Early Childhood Coordinating Council.
   (a)   Definitions. In this Section, the following words have the meanings indicated:
      Coordinating Council means the Early Childhood Coordinating Council.
      Department means the Department of Health and Human Services.
      Director means the Director of the Department or the Director’s designee.
   (b)   Established. The Executive must appoint, subject to confirmation by the Council, an Early Childhood Coordinating Council.
   (c)   Composition and terms of members.
      (1)   The Coordinating Council has up to 33 members.
      (2)   The Executive must appoint up to 15 public members. The public members should include:
         (A)   up to 4 representatives of local providers of early childhood education and development services;
         (B)   one representative of the Montgomery County Council Parent Teacher Associations;
         (C)   one representative of the Montgomery County Commission on Child Care;
         (D)   one representative of the Organization of Child Care Directors;
         (E)   one representative of the Family Child Care Association of Montgomery County;
         (F)   one representative of the Maryland Association for the Education of Young Children;
         (G)   one representative of the business community with demonstrated leadership in early childhood care and education;
         (H)   one representative of the local pediatrician community;
         (I)   one representative of the local philanthropic community;
         (J)   one representative of the local interfaith community; and
         (K)   up to 2 parent representatives.
      (3)   The Executive must appoint the following to serve as an ex officio member:
         (A)   the Director of the Department;
         (B)   one representative of the Department’s Division of Early Childhood Services;
         (C)   one representative of the Department’s Community Health Services;
         (D)   one representative of the Department’s School Health Services;
         (E)   one representative of the Department’s Infants and Toddlers Program;
         (F)   one representative of the Montgomery County Collaboration Council for Children, Youth and Families;
         (G)   one representative of the Montgomery County Child Care Resource and Referral Center;
         (H)   one representative of the Montgomery County Community Action Agency, the administrator of public Head Start programs in Montgomery County;
         (I)   one representative of Montgomery County Department of Public Libraries; and
         (J)   one representative of the Montgomery County Council;
      (4)   The Executive must invite the following to serve as an ex officio member:
         (A)   the Montgomery County Public Schools Superintendent or the Superintendent’s designee;
         (B)   one representative of the Montgomery County Public School’s Division of Early Childhood Programs and Services;
         (C)   one representative of the School’s Division of Prekindergarten, Special Programs and Related Services;
         (D)   one representative of the Office of Child Care Region 5, Maryland State Department of Education;
         (E)   up to 2 representatives of public institutions of higher education in the County;
         (F)   one elementary school principal in Montgomery County Public Schools; and
         (G)   one prekindergarten teacher in Montgomery County Public Schools.
      (5)   The term of each member is 4 years. If a member is appointed to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.
   (d)   Voting, officers, chairs, meetings, and compensation.
      (1)   Each member of the Coordinating Council is a voting member.
      (2)   The Executive must designate the Chair and Vice-Chair.
      (3)   The Coordinating Council meets at the call of the Chair. The Coordinating Council must meet as often as necessary to perform its duties, but not less than 9 times each year.
      (4)   A member serves without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.
   (e)   Duties. The Coordinating Council must:
      (1)   conduct a periodic county-wide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including an assessment of the availability of child care, prekindergarten, and other supportive services for low- income children and their families in the County;
      (2)   identify opportunities for, and barriers to, collaboration and coordination among child development, child care and early childhood education programs, services, and advocacy groups including collaboration and coordination among State and local agencies and organizations responsible for administering or providing oversight for such efforts;
      (3)   develop recommendations for increasing the overall participation of children and their families in existing programs, including outreach to underrepresented and special populations;
      (4)   develop recommendations regarding the implementation and use of the State- established unified data collection system for public early childhood education and development programs and services throughout the County;
      (5)   develop recommendations regarding professional development, career advancement plans, compensation scales and incentives for early childhood educators in the County; and
      (6)   assess the capacity and effectiveness of 2- and 4-year public and private institutions of higher education toward supporting the development of early childhood educators, including the extent to which such institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in Early Head Start, Head Start, prekindergarten, or child care programs;
      (7)   recommend uniform regulations for the availability of quality child care in public spaces;
      (8)   develop ways to leverage public and private partnerships between private businesses, Montgomery County Public Schools, and the County;
      (9)   develop a hub consortium that connects family child care providers to accredited child care centers and schools to provide training, technical assistance, and mentoring to family child care providers; and
      (10)   update and implement an Early Childhood Initiative to integrate public and private early childhood services, including areas such as child care, early literacy, early childhood mental health consultation services, and parent support services.
   (f)   Advocacy. The Coordinating Council must not engage in any legislative advocacy at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
   (g)   Staff. The Department of Health and Human Services must provide appropriate staff to the Coordinating Council. (2015 L.M.C., ch. 24, § 3.)
   Editor’s note2015 L.M.C., ch. 24, § 7, states as follows: “Transition of the Early Childhood Coordinating Council. The County Executive must stagger the terms of the public members initially appointed to the Early Childhood Coordinating Council under Section 10A-3 as added by Section 3 of this Act so that approximately one-fourth of the terms of the public members expires each year.”
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