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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. 12-10. 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.)
Sec. 12-13. Same-Qualification; term; duties; authority to hold position as "examiner in chancery."
   The reporters so appointed shall be skilled in the practice of their art and shall hold their positions during the pleasure of the judges of such court. It shall be their duty to perform such stenographic and typing work, connected with the business of such court, at law and in equity, as they may be directed to perform by the judges of such court. Section 12-12 and this section shall not be construed as preventing the same person from holding the positions of "court reporter" and "examiner in chancery" at the same time. (Mont. Co. Code 1965, § 7-18; 1910, ch. 380, § 2; 1912, ch. 790, § 105; 1943, ch. 116, § 141.)
Sec. 12-14. Judges’ secretaries.
   Each of the judges of the sixth judicial circuit resident in Montgomery County is hereby authorized to appoint a competent secretary who shall have had some previous experience in secretarial work, involving duties that demonstrate the ability to take rapid dictation, typing and to exercise independent judgment. Each of said secretaries shall hold his or her position at the pleasure of the judge by whom he or she is appointed and shall receive compensation therefor in the following manner:
   The judge who appoints his or her secretary shall fix such secretary’s salary in the discretion of such judge between step A in grade 12 and step E in grade 15 in the pay schedule for employees of Montgomery County in force at the time such salary is fixed. The salary shall be fixed annually and may be changed, within such limits, from year to year by such judge, without regard to length of service. The compensation for such salaries shall be levied annually by the County Council of Montgomery County and shall be paid as are the salaries of other county employees. (Mont. Co. Code 1965, § 7-20; 1957, ch. 77, § 1.)
Article III. Clerk of Circuit Court.
Sec. 12-15. Index of judgments; information to be shown.
   The clerk of the circuit court of the county shall make a full and general alphabetical index, after the method known as the Campbell System, in a book well bound for that purpose, of all judgments recovered in such court, which index shall be indexed in the name of each defendant in such judgments, and shall also show the plaintiff, the amount of the judgment, the date at which it was obtained, and from which it bears interest, the term of the court at which it was rendered, the number of the case on the term docket; and if the records of such court show that the same has been satisfied, made, or in any way discharged, the index shall set forth the fact, and the clerk shall be allowed the usual fees therefor, to be taxed to the plaintiff. Such clerk shall also keep an index of all judgments rendered by a justice of the peace, which shall be recorded in this office, and have become liens on real estate. (Mont. Co. Code 1965, § 7-21; 1888, Art. 16, § 60; 1912, ch. 790, § 123.)
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