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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. 31-23. Authority of county executive or his designee to regulate by signs.
   (a)   The county executive or his designee is hereby authorized, by executive order in the form of traffic orders, to regulate parking of vehicles on county property by the erection of official signs conforming to the regulations regarding signs posted on public streets and highways, and conforming in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways."
   (b)   All parking signs erected on any privately owned parking lot within the county shall conform to the regulations regarding signs posted on public streets, highways or other areas in the county, and conform in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." The county executive or his designee may provide, by executive order in the form of traffic orders, for the erection of official signs regulating parking on any privately owned parking facility within the county, which parking facility is open to and used by members of the general public for parking in connection with retail commercial establishments, or other businesses to which the parking facility is appurtenant. Any traffic order issued under this section may require that the owner, tenant or employees of retail or commercial establishments furnish evidence necessary for the enforcement of such order. (1978 L.M.C., ch. 7, § 2; 1981 L.M.C., ch. 40, § 4; 1984 L.M.C., ch. 24, § 36.)
Sec. 31-24. Marking of public parking facilities.
   (a)   Spaces for parking of motor vehicles shall be marked off along public parking facilities as provided in this chapter by means of painted lines on the parking surface, by raised curbs or by other suitable means so as to clearly delineate said space as a designated and authorized parking space for one vehicle. Directional arrows, stop signs or stop bars and other traffic-control devices shall be provided to assist and direct circulation within public parking facilities.
   (b)   Areas of public parking facilities not otherwise designated by painted lines or otherwise as parking spaces, shall be considered official no parking zones when indicated by posted signs or yellow paint applied to top and face of curb or by yellow painted lines on the parking surface unless otherwise posted. (1978 L.M.C., ch. 7, § 2.)
Sec. 31-25. Method of parking.
   (a)   Every person parking a vehicle in any public parking facility shall park wholly within the area of one (1) individual parking space as marked out by painted lines, curbs or otherwise.
   (b)   No person shall park a vehicle in a designated parking space by backing said vehicle into the parking space when said space is within an area posted by front in only signs.
   (c)   It shall be the duty of all persons to observe the sign markings and other traffic and parking control devices and regulations when using a public parking facility. (1978 L.M.C., ch. 7, § 2.)
Sec. 31-26. Public parking facilities.
   Except temporarily for the purpose of and while actually engaged in loading or unloading passengers or for emergency repairs when the vehicle cannot be driven, a person must not park any vehicle on a public parking facility:
   (1)   in violation of an official sign;
   (2)   in a no-parking zone when posted by sign or indicated by yellow painted curb or yellow painted lines on the parking surface, except for a motorcycle where motorcycle parking is permitted by an official sign;
   (3)   in any place that is not designated as a parking space by painted lines, except for a motorcycle where motorcycle parking is permitted by an official sign;
   (4)   in or on any driving aisle, driveway, sidewalk, landscaped area, island, or device for channeling traffic;
   (5)   in an area where parking is temporarily prohibited when marked off by temporary signs or barricades or when an official cover or hood is placed over a parking meter;
   (6)   in a way that prevents another vehicle already stopped or otherwise legally parked in a designated parking space from moving away;
   (7)   for longer than 14 consecutive days in surface parking lots or garages, except when otherwise authorized by Executive order;
   (8)   when the vehicle is unregistered or inoperative or otherwise not capable of being operated legally or safely on County or state highways, roads or streets;
   (9)   by backing the vehicle into a parking space when posted by front-in only signs;
   (10)   in a way that causes the vehicle to straddle the painted lines marking a parking space or otherwise to be parked not wholly in one designated parking space;
   (11)   by leaving the vehicle unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake; or
   (12)   in a way that impedes or obstructs the free flow of traffic or causes a hazard to public safety. (1978 L.M.C., ch. 7, § 2; 1983 L.M.C., ch. 23, § 1; 1984 L.M.C., ch. 24, § 36; 1986 L.M.C., ch. 22, § 1; 2006 L.M.C., ch. 42, § 1; 2017 L.M.C., ch. 25, §1.)
Sec. 31-26A. Parking spaces reserved for handicapped individuals.
   (a)   Application and interpretation of this section. This section applies to all parking facilities that are open for use by members of the general public. The requirements in this section are in addition to, not instead of, any other federal, State, or local law regarding parking spaces reserved for handicapped individuals.
   (b)   How to tell when a parking space is reserved for handicapped individuals. A parking space is reserved for handicapped individuals if it is designated by an official sign.
   (c)   When a person may park a vehicle in a space that is reserved for handicapped individuals. An individual must not park a vehicle in a space reserved for handicapped individuals unless:
      (1)   an individual who will be getting into or out of the vehicle is handicapped; and
      (2)   a special state registration plate for handicapped individuals or a disabled person's parking permit is displayed on or in the vehicle.
   (d)   Obstructing a space reserved for handicapped individuals. A person who is responsible under Section 49-24A(a) for removing snow and ice from a parking area must not at any time obstruct, or allow another person to obstruct, any space in the parking area that is reserved for handicapped individuals. This subsection applies to any type of obstruction, other than a legally parked vehicle, such as plowed snow or ice, construction materials, or an illegally parked vehicle owned or controlled by the person. A natural accumulation of snow or ice in a parking area reserved for handicapped individuals is not an "obstruction" under this subsection, but must be removed when and as required by Section 49A-24A. (1986 L.M.C., ch. 22, § 2; 2001 L.M.C., ch. 6, § 2.)
   Editor's note2001 L.M.C., ch. 6, § 1, states: This Act may be cited as "The Pedestrian Winter Safety Act of 2001."
Sec. 31-26B. Parking spaces reserved for a plug-in vehicle.
   (a)   In this Section, a plug-in vehicle means a vehicle that:
      (1)   is made by a vehicle manufacturer;
      (2)   is manufactured primarily for use on a public street, road, and highway;
      (3)   has a rated unloaded gross vehicle weight of no more than 8,500 pounds;
      (4)   has a maximum speed capability of at least 55 miles per hour; and
      (5)   is propelled to a significant extent by an electric motor that draws electricity from a battery that:
         (A)   for a 4-wheeled vehicle, has a capacity of at least 4 kilowatt-hours;
         (B)   for a 2-wheeled or a 3-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and
         (C)   can be recharged from an external source of electricity.
   (b)   Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer's specifications.
   (c)   A person may not stop, stand, or park a vehicle that is not a plug-in vehicle in a space that:
      (1)   is marked for the use of plug-in vehicles with an official sign that conforms to regulations adopted pursuant to Section 31-23; and
      (2)   provides access to a plug-in vehicle recharging station. (2014 L.M.C., ch. 2, § 1.)
Sec. 31-27. Vehicles prohibited by type, weight or size.
   Except when expressly authorized in writing by the county, the following vehicles are prohibited from entering upon a county-owned and -operated public parking facility:
   (1)   Any trailer or towed vehicle.
   (2)   Any truck having a manufacturer's rated carrying capacity greater than (1) ton.
   (3)   Any vehicle with a gross weight greater than eight thousand (8,000) pounds.
   (4)   Any vehicle having an overall length more than twenty (20) feet including any load thereon.
   (5)   Any vehicle wider than eight (8) feet.
   (6)   Any bus. (1978 L.M.C., ch. 7, § 2.)
Sec. 31-28. Acts and conduct prohibited.
   It shall be unlawful for any person to enter upon a county-operated public parking facility and:
      (1)   Engage in any conduct, sport or activity which may jeopardize the safety or welfare of persons or property, including but not limited to riding any coasting device, bicycle or unregistered self-propelled vehicle, playing in or tampering with elevators, climbing, skating or skateboard riding, ball playing, throwing, slinging or otherwise projecting objects within or from public parking facility and sledding.
      (2)   Tamper with, deface or otherwise cause injury to fire equipment, parking equipment or other county property contained therein or to any automobile parked therein.
      (3)   Discard waste material or otherwise deposit litter on the premises.
      (4)   Fail to pay the prescribed parking fee to the attendant/cashier upon removing a vehicle from said facility when such facility is operated by an attendant/cashier employed by the county. (1978 L.M.C., ch. 7, § 2.)
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