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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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Sec. 12-7. Minimum charges allowed auditor; tax as part of cost in suit.
   The auditor of the circuit court for the county shall be allowed a minimum charge of ten dollars ($10.00) for each and every cause audited and reported to the court, and such additional charge as may be in keeping with proper compensation for services rendered in stating, auditing or settling any such cause or account, and as may be approved by the court upon final ratification thereof. Such charges shall be taxed as part of the costs of the suit, and paid by such parties as the court shall direct. (Mont. Co. Code 1965, § 7-6; 1943, ch. 342.)
Sec. 12-8. Crier and librarian; salary, etc.
   The chief judge of the circuit court for Montgomery County is hereby authorized to fix the salaries of the crier of the circuit court and of the librarian of the law library of the circuit court of Montgomery County within the limits of the amounts appropriated therefor; provided, that, in no event, shall the amount of the salary exceed fifteen hundred dollars ($1500.00) per annum for each of these positions. The salary paid shall be in lieu of any and all other allowances now authorized by law.
   The chief judge is hereby authorized to appoint one (1) person as both crier of the circuit court and as librarian of the law library of the circuit court, if he so desires.
   In case the person appointed as crier of the circuit court is also appointed as librarian of the law library of such court, his salary shall be fixed in accordance with the provisions of this section and, in such an event, his salary for the combined positions shall not exceed a maximum of two thousand four hundred dollars ($2,400.00) per annum.
   The county council is authorized and directed to levy a tax on all assessable property in the county, sufficient for the payment of the salary of salaries of these positions. (Mont. Co. code 1965,
§ 7-7; 1908, ch. 31, § 67; 1912, ch. 790, § 168; 1939, ch. 348.)
Sec. 12-8A. Appellate judges’ secretaries’ salary supplements.
   Each of the judges of the appellate courts of the state resident in the county is authorized to set a salary supplement for his or her secretary over and above the amount of compensation provided in the state budget. The amount of the supplement shall be such that when combined with the compensation provided in the state budget the total salary will not exceed the salary for step E in grade 15 in the general salary schedule for employees of the county in effect when the salary supplement is set. The salary supplement shall be set annually and may be changed by the judge, within the foregoing limits, for year to year, without regard to length of service. Funds for the payment of the salary supplement may be appropriated annually by the county council. (1976 L.M.C., ch. 17, § 1.)
Article II. Circuit Court Generally. [Note]

 

Notes

[Note]
   *State law reference-Circuit courts generally, Ann. Code of Md., Art. Courts and Judicial Proceedings, §§ 1-501 et seq., 2-501 et seq.
Sec. 12-9. Rules of court; licensing of attorneys.
   The circuit court for the county is hereby authorized and empowered to make rules of court relating to practice before such court and relating to admission of attorneys to practice before such court, and the circuit court is authorized and empowered to license attorneys to practice before the circuit court for the county and fix a fee for the issuance of such license in an amount not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00), and such license fee shall be paid to the clerk of the circuit court for the county and be disbursed by him for the purchase of law books for the court library as directed by the judges of the circuit court for the county.
   No person shall practice law in the county or appear before any court in the county until he or she shall have first complied with the rules of practice established by the circuit court for the county and until he or she has procured a license for the same whenever so required. (Mont. Co. Code 1965, § 7-12; 1943, ch. 1004.)
   Editor’s note—In Bastian v. Watkins, 230 Md. 325, 187 A.2d 304 (1963), it was held that that portion of a local rule of court as prohibits a Maryland attorney from filing a pleading in the circuit court unless he maintains a bona fide office in Maryland is invalid because it is contrary to and inconsistent with the Maryland Rules of Procedure. In Lakes v. Bar Ass’n of Montgomery County, Md., Inc., 35 Md. App. 442, 371 A.2d 669 (1977), it was held that a “personnel consultant” who respresented County employees in personal matters against the County was engaged in the unauthorized practice of law.
Sec. 12-10. Pension of judges and spouses of deceased judges.
   (a)   The county council for Montgomery County is authorized to pay to any elected judge of the circuit court for the sixth judicial circuit resident in Montgomery County whose active service is or has been terminated and who is or hereafter becomes entitled to a pension from the State of Maryland under the provisions of any act of the general assembly of Maryland, in addition to any such pension by the state, a pension to be paid by the county. Such pension shall be calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, and such percentage will be multiplied by the number of years or part of a year of active service, by appointment as well as election, up to a maximum number of twenty (20) years.
   (b)   The county council is authorized to pay and will pay to any elected former judge of the circuit court for Montgomery County, Maryland, who has served at least twenty (20) years of active service as a judge of the State of Maryland, and who has retired and to any judge of the Court of Special Appeals of Maryland who has served as a judge of the circuit court for Montgomery County, Maryland, in addition to any pension by the state, a pension calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, multiplied by the number of years of active serice as a judge of the State of Maryland up to a maximum number of twenty (20) years.
   (c)   No appropriation for pension of judges shall be paid except in accordance with the provisions of this section. Any former judge not engaged in the active practice of law shall be paid the pension authorized under this section. Any former judge engaged in the active practice of law shall be paid two-thirds of the pension authorized under this section.
   (d)   The spouse of every judge eligible for a pension under this section who dies in active service shall be paid one-half of the pension to which such judge would have been entitled under this section on the date of death as if such judge had terminated his active service on such date. The spouse of every judge deceased after termination of active service shall be paid one-half of the pension which such judge was receiving at the date of his death; or one-half of the pension to which such judge was entitled on the date of his death if he had not been engaged in the active practice of law whichever is the greater. In order to be entitled to the pension provided by this section, a spouse of a judge who dies during active service shall have been married to such judge for a period of not less than three (3) years prior to such judge’s death, and, in the case of a judge not in active service, not less than three (3) years prior to the date of termination of active service. A spouse who is entitled to a pension under the provisions of this section shall be paid for the period of his or her life unless such spouse remarries, in which event the pension is to cease and terminate.
   (e)   The county council is hereby authorized to levy upon the assessable property of the county a tax sufficient to pay the pensions provided for in this section. (Mont. Co. Code 1965, § 7-14; 1968 L.M.C., Ex. Sess., ch. 21, § 1.)
   State law reference-Pension of judges and their surviving spouses, Ann. Code of Md., Art. 73B, § 55 et seq.
Sec. 12-11. Inspection of records; new record book; indexes; preparation and payment.
   It shall be the duty of the judges of the circuit court for the county at every term to inspect the records, indexes and papers of the office attached to such court relating to lands, tenements or other real estate, and examine the condition thereof and see whether the clerk of such court has performed the duties required of him by law, relating to the recording of judgments, decrees, proceedings and executions, and whether he has entered an transcribed the docket entries as required by law. If it should appear on such examination that any of the records or indexes have become so dilapidated and worn as to require them to be transcribed, they shall order and direct the clerk to transcribe the same into new record or index books, which the clerk shall procure for that purpose. Such new records and indexes, when so transcribed, shall be carefully examined and certified by such clerk, and when so examined and certified shall be substituted for and become the records and indexes of such court in lieu of the worn-out records and indexes. The council shall annually levy by estimate in advance a sum of money sufficient to provide a fair compensation for the labor of the clerk in making such new records and indexes; and shall pay to such clerk at the end of each calendar month such sum of moneys as may be found due to the clerk for services rendered under the provisions of this section. (Mont. Co. Code 1965, § 7-16; 1904, ch. 71, § 13; 1912, ch. 790, § 103.)
Sec. 12-12. Court reporters-Appointment; oath; salary.
   The judges of the circuit court for the county are hereby authorized to appoint two (2) court reports, who shall be sworn officers of such court. The salary of such reporters shall be fixed by order of the judges of such court within the limits of amounts appropriated therefor, and shall be paid by the county. (Mont. Co. Code 1965, § 7-17; 1910, ch. 380, § 1; 1912, ch. 790, § 104; 1943, ch. 116, § 140.)
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