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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]
Article I. Offenses.
Sec. 32-1. Abandoned, etc., personal property-Removal and disposition.
Sec. 32-2. Coal or coke-Definition of "person."
Sec. 32-3. Same-Weighing required, tickets; exception.
Sec. 32-4. Same-Penalty for violation of section 32-3.
Sec. 32-5. False reports to police; penalty.
Sec. 32-6. Food-Outdoor sale regulated.
Sec. 32-7. Fortunetelling.
Sec. 32-8. Handbills-Deposit in vehicles.
Sec. 32-9. Flammable liquids-Storing, parking tank vehicles, etc., on streets.
Sec. 32-10. Same-Supplying motor vehicles on streets, vacant lots, etc.
Sec. 32-11. Same-Penalty for violation of sections 32-9, 32-10.
Sec. 32-12. Injury, etc., to public property; penalty.
Sec. 32-12A. Graffiti.
Sec. 32-13. Disturbing the public peace or disorderly conduct - Definitions.
Sec. 32-14. Disturbing the public peace or disorderly conduct - Prohibited conduct.
Sec. 32-15. Temporary detention by police officer of an individual suspected of criminal behavior.
Sec. 32-16. Lawful assembly exempted.
Sec. 32-17. Disturbing the public peace or disorderly conduct - Penalties; Warning.
Sec. 32-17A. Urination and Defecation in Public.
Sec. 32-18. Obscene live conduct.
Sec. 32-19. Obscene, indecent or threatening language over telephone; penalty.
Sec. 32-19A. Harassment.
Sec. 32-19B. Aggressive panhandling.
Sec. 32-19C. Disruptive Behavior - Public Facilities
Sec. 32-19D. Hookah lounge, vape shop, and tobacco shop - hours of operation.
Sec. 32-20. Stalking.
Sec. 32-20A. Hitchhiking in street or highway.
Sec. 32-21. Police-Wearing of uniform by unauthorized person prohibited.
Sec. 32-22. Trailers-Connection with sewer system or septic tank required; exception; penalty.
Sec. 32-23. Picketing a private residence.
Sec. 32-23A. Purchase of prostitution.
Article II. Victim Advocate Program.
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. 32-12. Injury, etc., to public property; penalty.
   Any person who shall willfully or maliciously injure or destroy, or cause to be injured or destroyed, any public property of any kind whatsoever, shall be subject to punishment for a class A violation as set forth in section 1-19 of the County Code.
   For the purpose of this section, the term "public property" shall include but shall not be limited to buildings, furniture, fixtures, grounds, streets, highways, alleys, signs, fingerboards, sidewalks, curbs, gutters, storm drainage and other structures located in or on lands owned by the county, or dedicated to the use of the public. (Mont. Co. Code 1965, § 16-8; 1983 L.M.C., ch. 22, § 41.)
     
Sec. 32-12A. Graffiti.
   (a)   Definitions. In this Section, the following words have the meanings indicated.
      (1)   Graffiti means the marks made or objects applied by a person on any real or personal property of another without the consent of the owner, lessee, agent or person in charge, using paint, spray paint, markers, or any other object or substance.
      (2)   Graffiti material means any can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, any indelible marker with a marking tip of one-quarter inch or more in diameter, and any engraving device.
   (b)   Possession of graffiti material. A person must not possess graffiti material on public or private property with the intent to violate subsection (c).
   (c)   Graffiti prohibited. A person must not apply graffiti on any publicly or privately owned surface.
   (d)   Penalty. Any violation of this Section is a class A violation. (1994 L.M.C., ch. 10, § 1.)   
Sec. 32-13. Disturbing the public peace or disorderly conduct—Definitions.
   As used in Sections 32-14 through 32-17, the following terms have the following meanings:
   Place open to the public: Any place where the public is invited or permitted, including:
   (a)   a place of business;
   (b)   a parking lot;
   (c)   a place of worship;
   (d)   a cemetery;
   (e)   a place of amusement; or
   (f)   an elevator, lobby, or hallway.
   Public place:  
   (a)   Any public way, including
      (1)   a street, road, or highway;
      (2)   a sidewalk;
      (3)   an alley or land; or
      (4)   a crosswalk.
   (b)   Any public facility, including
      (1)   a park;
      (2)   a playground;
      (3)   a school; or
      (4)   a government building.
   (c)   Any vacant lot or parcel of land. (1968 L.M.C., Ex. Sess. ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)
Sec. 32-14. Disturbing the public peace or disorderly conduct—Prohibited conduct.
   An individual must not at, on, or in a public place or place open to the public:
   (a)   interfere with or hinder the free passage of pedestrian or vehicular traffic; or
   (b)   incite unlawful conduct, by words or intentional conduct, which is likely to produce imminent unlawful conduct. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)
   Editor’s note— See County Attorney Opinion dated 11/14/11-A regarding legislation to address loitering and prowling violating the constitutionality and rights of a person to move about in a public place.
Sec. 32-15. Temporary detention by police officer of an individual suspected of criminal behavior.
   (a)   A police officer may temporarily detain any individual under circumstances that reasonably indicate that the individual:
      (1)   has engaged in conduct prohibited under Section 32-14;
      (2)   has violated or is violating a condition of parole or probation; or
      (3)   has committed, is committing, or is about to commit a crime.
   (b)   A police officer may detain an individual under this Section only to determine the individual’s identity and the circumstances surrounding suspected criminal behavior. Any detained individual must truthfully identify himself, but must not be compelled to produce identification or answer any other question from any police officer.
   (c)   An individual must not be detained under this Section longer than is reasonably necessary to achieve the purposes of this Section. Unless the individual is arrested, the detention must not last longer than 60 minutes or extend beyond the place, or the immediate vicinity of the place, where the individual was first detained. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)
Sec. 32-16. Lawful assembly exempted.
   Nothing in this article, except section 32-23, prohibits lawful picketing or other lawful assembly. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 1993 L.M.C., ch. 36, § 1; 2006 L.M.C., ch. 22, § 1.)
Sec. 32-17. Disturbing the public peace or disorderly conduct—Penalties; Warning.
   (a)   An individual who violates Section 32-14 or Section 32-15 has committed a Class B violation.
   (b)   An individual must not be charged with a violation of Section 32-14 or Section 32-15 unless the arresting officer has first warned the individual of the violation and the individual has failed or refused to stop the violation. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 1983 L.M.C., ch. 22, § 41; 2006 L.M.C., ch. 22, § 1.)
Sec. 32-17A. Urination and Defecation in Public.
   (a)   In this section the words “public place” and “place open to the public” have the meanings stated in Section 32-13.
   (b)   Except as provided in subsection (c), a person must not urinate or defecate, whether or not the act is actually viewed by another person, in:
      (1)   a public place;
      (2)   a place open to the public; or
      (3)   any other place where the person may be seen from a public place or place open to the public.
   (c)   This Section does not prohibit a person from using an enclosed public restroom or other similar facility that is clearly designated for use as a bathroom, toilet, or lavatory.
   (d)   A person who violates this Section has committed a Class A violation. (2005 L.M.C., ch. 21, §1.)
Sec. 32-18. Obscene live conduct.
   Any individual, partnership, firm, association, corporation or other legal entity who knowingly produces, sponsors, manages, directs, presents, or engages in, performs, or participates in any live obscene conduct, in any public place or in a place exposed to public view, or in any place open to the public or to a segment thereof, in the presence of any other person or persons who have paid a consideration of any type whatsoever, or presented a membership card or other token, to observe the conduct; and any owner, lessee or manager of any premises who knowingly permits the same to be used for any of the activities described above shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.
   For the purpose of this section, “obscene live conduct” shall be defined as live conduct, the dominant theme of which, when taken as a whole: (a) Appeals to the prurient interest in sex; (b) is so patently offensive that it affronts contemporary community standards relating to the representation of sexual matters; and (c) lacks serious literary, artistic, political or scientific value. (1981 L.M.C., ch. 46, § 1; 1983 L.M.C., ch. 22, § 41.)
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