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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
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ARTICLE 3. COMMISSION ON CHILD CARE.
Sec. 10A-4. Commission on child care.
   (a)   Definitions. In this Section, unless the context indicates otherwise:
      (1)   Commission means the Commission on Child Care.
      (2)   Child care means caring for a child on a regular basis for pay.
   (b)   Findings and purpose.
      (1)   The increasing number of single-parent families and families in which both parents work outside the home has increased dramatically the need for infant, preschool and before- and after-school child care services.
      (2)   Parents of all income levels need high-quality, affordable and accessible child care in order to help strengthen families, increase the productivity of the County’s work force, and further many of the County’s economic development and social objectives.
      (3)   Montgomery County government has a responsibility to develop a comprehensive package of initiatives and policies designed to help families meet the wide variety of child care needs.
      (4)   The purpose of the Commission is to advise the County Executive and the County Council on the development of government policies, programs and services that enhance community support for high-quality, affordable and accessible child care.
   (c)   Membership of Commission.
      (1)   The members of the Commission are appointed by the County Executive, subject to confirmation by the County Council.
      (2)   The Commission has 17 voting members and 6 to 8 nonvoting members. The County Executive should appoint the voting members so that:
         (A)   Seven members are providers of child care services. The Executive should appoint providers of different types of child care services and providers to different age groups. These include family day care providers, group day care providers, private educational institutions, and providers serving infants, toddlers, pre-school and school-age children, and children with special needs.
         (B)   Five members are parents of children receiving child care services.
         (C)   Five members are selected from the business community and the general public.
      (3)   The Superintendent of Schools, the Chairman of the Montgomery County Planning Board, the President of Montgomery College, or their designees, are nonvoting members of the Commission. Two designees of the Director of the Department of Health and Human Services and one designee of the Director of the Community Use of Public Facilities are also nonvoting members of the Commission. In addition, upon
      (4)   Each member must reside or work in Montgomery County.
   (d)   Officers. For the Commission’s first year, the County Executive must appoint a chairperson and a vice-chairperson from among the members, subject to confirmation by the County Council. Thereafter, the Commission must annually elect one member as chairperson and another member as vice-chairperson. The terms of the chairperson and vice-chairperson are each one year.
   (e)   Term.
      (1)   Commission members serve for 3 years.
      (2)   A member must not serve more than 2 consecutive 3-year terms.
   (f)   Duties.
      (1)   The Commission must issue an annual report by October 1 of each year that addresses the County’s child care needs and that recommends short- and long-term priorities the County government should follow to improve services in support of child care. The Division on Child Care must assist the Commission in preparing the report.
      (2)   In order to develop the report, the Commission may:
         a.   Create special task forces, hold public hearings, and collect information to identify and assess needs, review services, programs and policies, and plan new strategies for supporting child care;
         b.   Analyze data on child care needs and services delivered by public and private agencies in Montgomery County;
         c.   Evaluate County government policies, funding, and programs affecting child care;
         d.   Promote the coordination of child care programs and policies among County government agencies;
         e.   Promote cooperation among the County government, the community, and business in addressing child care needs;
         f.   Make recommendations regarding the need for and use of public funds to be spent on behalf of child care services;
         g.   Recommend to the County Executive and County Council new sources of funds for child care;
         h.   Review standards for licensing and operation of child care services and programs;
         i.   Provide public information on child care programs and services in the County;
         j.   Participate in the activities of the State Office of Children and Youth;
         k.   Review federal and state policies affecting provision of child care;
         l.   Recommend policies, actions, programs, or legislation the Commission deems necessary to increase the quality, availability, and affordability of child care services;
         m.   Coordinate work with the Commission on Children and Youth and should not duplicate the work of the Commission on Children and Youth; and
         n.   Take any action the Commission finds would further the purposes of this Section.
   (g)   Compensation. A member must not receive compensation for serving on the Commission.
   (h)   Meetings.
      (1)   The Commission must meet at least 6 times a year on a day and at a time set by the Commission. The Commission may meet at other times at the call of the Chair or at the request of 9 members of the Commission.
      (2)   A majority of the members of the Commission constitutes a quorum for transacting of business.
      (3)   Action by the Commission requires a majority vote of those present.
   (i)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
   (j)   Procedures. The Commission may establish its own rules of procedure.
   (k)   Staff support. The Director of the Department of Health and Human Services must provide staff services and administrative support to the Commission. (1988 L.M.C., ch. 5, § 2; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 13, § 1; 2015 L.M.C., ch. 24, § 4; 2016 L.M.C., ch. 12, § 1; 2016 L.M.C., ch. 15, § 1.)
   Editor’s note2015 L.M.C., ch. 24, § 4, states: “Article VIII of Chapter 27 (Sections 27-62 and 27-62A) is renumbered and moved to Chapter 10A, as Articles 3 and 4 of Chapter 10A (Sections 10A-4 and 10A-5).”
   Section 5 of 1995 L.M.C., ch. 13, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
ARTICLE 4. CHILD CARE FACILITIES IMPACT STATEMENTS.
Sec. 10A-5. Child Care facilities impact statements.
   (a)   For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an analysis of:
      (1)   the feasibility of including child care facilities in the project; and
      (2)   what capital or operating budget modifications, if any, would be needed to include child care facilities in the project.
   (b)   The child care analysis submitted by OMB should discuss at least the following issues related to the capital project:
      (1)   compatibility of child care with the underlying project;
      (2)   local availability of and demand for child care in the area of the project; and
      (3)   conformity of child care facilities to applicable zoning and land use plans.
   (c)   Each child care analysis under this Section should assign highest priority to the provisions of high quality child care in areas where the provision of child care may not otherwise be financially feasible due to large numbers of low-income parents and the resulting need for significant subsidies.
   (d)   As used in this section, applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.
   (e)   In performing its analysis, OMB should consult the Department of Health and Human Services, the Planning Board, and any other County department or agency with expertise in child care.
   (f)   The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis. (2013 L.M.C., ch. 8, § 1; 2015 L.M.C., ch. 24, § 4.)
   Editor’s note2015 L.M.C., ch. 24, § 4, states: “Article VIII of Chapter 27 (Sections 27-62 and 27-62A) is renumbered and moved to Chapter 10A, as Articles 3 and 4 of Chapter 10A (Sections 10A-4 and 10A-5).”
ARTICLE 5. CHILD DAY CARE FACILITIES LOAN PROGRAM.
Sec. 10A-6. Purpose and objectives.
   (a)    The Director of the Department of Health and Human Services must establish and administer a Child Day Care Facilities Loan Program.
   (b)    The purpose of the program is to increase the number of children who receive licensed day care services in Montgomery County at reasonable costs.
   (c)    The Director may loan funds to operators of child care centers or family day care homes if the funds will:
      (1)   Increase the number of children served;
      (2)   Help a center or home begin operation; or
      (3)   Keep in operation a center or home that otherwise is likely to stop operating. (1989 L.M.C., ch. 19, § 1; 1995 L.M.C., ch. 13, § 1; 2015 L.M.C., ch. 24, § 5.)
   Editor’s note—Section 5 of 1995 L.M.C., ch. 13, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Sec. 10A-7. Eligibility.
   (a)    The director may loan funds to nonprofit or profit-making centers or homes.
   (b)    The director must give highest priority to loans to centers or homes that serve significant percentages of low-income or handicapped children.
   (c)    The recipient of any loan must agree to provide child day care services, to an extent or in an amount set by the department, for at least the term of the loan. (1989 L.M.C., ch. 19, § 1; 2015 L.M.C., ch. 24, § 5.)
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