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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. 31-66. Receipts not required for payments received by mail.
   The provisions of section 2-35 relative to the issuance of a receipt to a person paying same shall not apply to the payment of parking violations and related charges by mail. The canceled check of the owner or operator shall suffice as a receipt in all instances. Payment may be made in person or by mail to the department of finance. (1978 L.M.C., ch. 7, § 2.)
Sec. 31-67. Penalties, generally.
   (a)   No vehicle shall be parked in violation of the provisions of this chapter or regulations issued thereunder, and the owner thereof shall be subject to the fines and penalties established under the provisions of article VII of this chapter for such violation.
   (b)   Any violation of any provisions of this chapter or regulations promulgated hereunder shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day that a violation continues shall be deemed as a separate offense. (1978 L.M.C., ch. 7, § 2; 1983 L.M.C., ch. 22, § 38.)
ARTICLE VIII. Miscellaneous Provisions.
Sec. 31-68. Pedestrian and bicycle saf\ety impact statements.
   (a)   For each applicable capital project in the Capital Improvements Program, the Office of Management and Budget must include in or transmit with the CIP an analysis of:
      (1)   the effect of the project on pedestrian and bicyclist access and safety in the project and the surrounding area; and
      (2)   what capital or operating modifications, if any, will be required to promote and maximize safe pedestrian and bicyclist access to, and in the area of, the project.
   (b)   As used in this section, applicable capital project includes:
      (1)   any new or modified building, road, park, school, or other capital project which is:
         (A)   proposed for development on a single unified site; and
         (B)   identifiable as a separate facility; and
      (2)   any project that comprises individual subprojects or items if any individual subproject or element listed in the project description form submitted by OMB, if treated separately, would be covered by paragraph (1).
   (c)   The Council may require any other County department or agency to supplement the analysis submitted by the Office of Management and Budget.
   (d)   The Council may by resolution exempt a category of capital projects which by their nature do not require an analysis under this Section.
(1978 L.M.C., ch. 9, § 1; 2007 L.M.C., ch 7, § 1.)
Sec. 31-69. Residential Traffic Management Areas.
   (a)   The County Council finds that the health, safety and welfare of many residents of the County are adversely affected by excessive non-local traffic in residential neighborhoods. Restrictions on traffic access into or through particular residential areas can enhance the quality of life by reducing traffic hazards, noise, air pollution and litter. The Council enacts this Section to relieve these conditions, encourage mass transit and car pool use, and promote and preserve the livability of residential neighborhoods.
   (b)   The County Executive may, by regulation adopted under Method (3):
      (1)   create, modify, or discontinue a residential traffic management area; and
      (2)   adopt a residential traffic management plan which restricts traffic flow on specified streets in that traffic management area.
   (c)   As used in this Section, unless the context clearly indicates another meaning:
      (1)   area means a residential traffic management area; and
      (2)   plan means a residential traffic management plan.
   (d)   A plan must consider traffic control measures and pedestrian safety improvements which do not close a road or right of way. These measures include signs, pavement markings, sidewalks, speed humps, and physical devices which limit access, channel vehicle movement, or otherwise divert traffic.
   (e)   After receiving an application from a citizens association which represents a significant number of residents of a proposed area, or a petition signed by 15 percent of the households in a proposed area, the Executive must decide whether to create an area and adopt a plan for that area.
   (f)   In deciding whether to create an area and adopt a plan for that area, the Executive must consider:
      (1)   the classification or function of each street in the area and existing street widths;
      (2)   overall traffic volumes and level of use by non-local traffic;
      (3)   pertinent traffic and pedestrian safety factors;
      (4)   the impact of possible traffic flow restrictions on nearby residential areas, businesses, public access and facilities, and the surrounding street network;
      (5)   feasibility of compliance and enforcement;
      (6)   the need of the residents in the proposed area for traffic flow restrictions;
      (7)   approved or pending master or sector plans; and
      (8)   any other factor the Executive finds relevant. The Executive must not reject a proposed plan primarily because it would increase traffic volumes on arterial roads.
   (g)   The Department of Transportation must seek advice on any proposed plan from affected residents and other interested persons on an ongoing basis through regular open meetings and other reasonable means.
   (h)   The Executive or the Executive’s designee must hold a public hearing before creating, modifying or discontinuing an area. The hearing must be held after notice published for two consecutive weeks in a newspaper of general circulation in the County, with the last publication at least 15 days before the hearing. The notice must specify the boundaries of the proposed area, describe the proposed plan, and tell where to obtain more information. A copy of the notice must be prominently posted in the proposed area.
   (i)   Within 60 days after the record of the public hearing closes, the Executive must decide whether to establish an area and implement a plan. Before adopting a plan under subsection (b)(2), the Executive may by any reasonable means confirm the support by citizens in the proposed area for that plan.
   (j)   The authority delegated by this Section is in addition to any other authority the Executive has to regulate vehicle or pedestrian traffic.
   (k)   The Executive may adopt regulations under method (2) to implement this Section. These regulations may include, among other provisions, standards and procedures to reassess periodically any plan adopted under this Section or before this Section took effect.
   (l)   Any traffic restriction which was adopted before this Section took effect to control the volume of traffic in a residential area, and which is lawfully in force when this Section takes effect, must remain in effect until modified or revoked under this Section.
   (m)   The Executive must report by July 1 of each year to the Council on all applications approved or rejected under this Section and the status of pending applications. (1994 L.M.C., ch. 20, § 1; 1996 L.M.C., ch. 4, § 1; 1997 L.M.C., ch. 22, § 1; 2008 L.M.C., ch. 5, § 1.)
   Editor’s note2008 L.M.C., ch. 5 , § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
ARTICLE IX. E-Scooters.
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