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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. 13-18. Disciplinary and revocation measures.
   (a)    Division staff may use counseling when appropriate for improper conduct.
   (b)    The Program Administrator may:
      (1)   restrict or remove privileges in the Pre-Release Center for not more than 30 days for any breach of discipline or violation of Division rules;
      (2)   suspend the inmate from the Pre-Release Center for not more than 14 successive days for any breach of discipline or violation of Division rules; or
      (3)   if an inmate is participating in Home Confinement services, place the inmate at the Pre-Release Center, restrict or remove privileges, or return the inmate to the appropriate security facility.
   (c)    If an inmate commits a serious violation of a rule or regulation identified in the Program Guidebook or Section 13-16, or performs unsatisfactorily in the Program, the Program Administrator may immediately remove the inmate from the Pre-Release Center or return the inmate to the appropriate security facility. The Program Administrator must forward a full report to the court stating the circumstances and reasons for revocation. The judge of the committing court may, on the basis of the revocation action, redesignate the State Department of Public Safety and Correctional Services as the agency of custody for the remaining term of the inmate's confinement, under Section 11-717 of the Correctional Services Article of the Maryland Code.
   (d)   The Program Administrator may revoke an inmate’s participation in the Program if the inmate makes a false statement on the application or during the screening process. If the Program Administrator revokes an inmate’s participation in the Program, the inmate must be removed from the Program and is not eligible to reapply to the Program for 60 days, as provided in Sections 13-14 and 13-15. An inmate in the custody of the State Department of Public Safety and Correctional Services or Federal Bureau of Prisons is subject to any time limit in the applicable state or federal law. (1976 L.M.C., ch. 24, § 1; 1978 L.M.C., ch. 15, § 1; 2006 L.M.C., ch. 31, § 1.)
Sec. 13-19. Disposition of inmate funds and earnings.
   (a)    The Director may establish and maintain inmate personnel and financial records and require written reports from the inmate as necessary to administer the Program.
   (b)    The Director is authorized to receive, deposit, and disburse the funds and earnings of each inmate in accordance with regulations established by the Director.
   (c)    The Director may deduct the following from an inmate’s earnings:
      (1)   all or part of the cost to the County to provide an inmate with food, lodging, and clothing;
      (2)   actual and necessary food, travel, and other expenses incidental to the inmate’s participation in the Program;
      (3)   any amount the inmate is legally obligated or desires to pay to support a dependent;
      (4)   a reasonable amount to repay the State or County for an attorney appointed by the court, if applicable; and
      (5)   a court-ordered payment for restitution.
   (d)    The Director must apply any remaining balance, less deductions identified in subsection (c), to the inmate’s account and must dispose of the funds as the inmate requests and the Director approves.
   (e)    Inmate funds must be accounted for as prescribed by the Director of the Department of Finance. The Department of Finance must conduct a yearly audit of inmate funds and submit a written report to the Director of the Department of Correction and Rehabilitation.
   (f)   The Director must set, by method (3) regulation, a reasonable fee for the cost of electronic and staff supervision. The Director may collect the fee from participants in the non-residential component of the Program. If the Director finds that a participant cannot afford to pay the fee, the Director may wholly or partially exempt the inmate from paying the fee. (1976 L.M.C., ch. 24, § 1; 1980 L.M.C., ch. 6, § 6; 2006 L.M.C., ch. 31, § 1.)
Sec. 13-20. Graduated release.
   The Director must cooperate with federal, state, or other County correctional officials to develop a system of graduated release for County residents who are within 12 months of release or a parole hearing date and who are returning to the County after serving a period of their confinement in a correctional institution. After approval by an appropriate court or other agency having jurisdiction, the Director may place a qualified inmate in the Program; however, any inmate transferred from another correctional agency to the Department must meet the eligibility standards specified in Section 13-14 and be subject to all rules, regulations, and guidelines of the Program. Under Section 11-717 of the Correctional Services Article of the Maryland Code the Director may negotiate a contract each year with the State Department of Public Safety and Correctional Services for state reimbursement on a per diem basis to the County for providing community correctional services to state inmates. (1976 L.M.C., ch. 24, § 1; 1980 L.M.C., ch. 6, § 7; 2006 L.M.C., ch. 31, § 1.)
Sec. 13-21. Court directed early release.
   Under Section 11-717 of the Correctional Services Article of the Maryland Code after the inmate enters the Program, the judge ordering the confinement or, if the judge is unable to act, any other judge of the committing court, may order the release of the inmate from custody based on the Program Administrator's recommendation and report of the inmate’s performance in the Program. (1976 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 31, § 1.)
Sec. 13-22. Conditional parole and probation cases.
   (a)    In lieu of pursuing a parole violation, state or federal parole authorities may require a parolee to participate in the Program for residential treatment as a condition of continued parole. The Program Administrator may screen and accept a parolee who meets Program criteria.
   (b)    In specific cases, the federal court may require a probationer to participate in the Program for residential treatment as a condition of probation. The Program Administrator may screen and accept a probationer who meets Program criteria.
   (c)    The Program Administrator must take appropriate steps to determine that the parolee and/or probationer is a resident of the Washington Metropolitan Area and meets the eligibility criteria in Section 13-14. The parolee's or probationer's participation in the Program must not exceed six 12 months. The parolee or probationer must be subject to the rules and guidelines of the Pre-Release Center. If the Program Administrator finds that the parolee or probationer should be withdrawn from the Pre-Release Center because of improper conduct or other appropriate reasons, the Program Administrator must release the parolee or probationer to the parole or probation agent and provide the agent a report of the individual's performance and conduct while at the Pre-Release Center.
   (d)    The County may negotiate a contract each year with federal and state adult parole and probation authorities for reimbursement on a per diem basis to the County for providing community correctional services to a parolee or probationer. (1976 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 31, § 1.)
Sec. 13-23. Confidentiality.
   The Program administrator may require an inmate who participates in the Program to agree in writing to waive any right of confidentiality and authorize the Program Administrator to release relevant personal information, except for psychological information:
   (a)   to essential community resources and volunteer staff to obtain employment, training, education, and treatment for the inmate; or
   (b)   to an individual who agrees to sponsor the inmate in the individual’s home for home confinement, an authorized visit, or a furlough. (1978 L.M.C., ch. 15, § 1; 1980 L.M.C., ch. 6, § 8; 2006 L.M.C., ch. 31, § 1.)
Article III. Alternative Community Service Program.
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