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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. 32-17A. 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.)
Sec. 32-19. Obscene, indecent or threatening language over telephone; penalty.
   If any person shall use obscene or indecent language or shall threaten any person with physical harm or shall make indecent proposals to any person by means of the telephone he 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. This section shall apply with respect to any telephone communication either originating or received in the county, or both. (Mont. Co. Code 1965, § 16-9; 1983 L.M.C., ch. 22, § 41.)
Sec. 32-19A. Harassment.
   (a)   In this Section course of conduct means a persistent pattern of conduct of a series of acts over a period of time that shows a continuity of purpose.
   (b)   A person must not follow another person in or about a public place or intentionally engage in a course of conduct that alarms or seriously annoys another person:
      (1)   with intent to harass, alarm, or annoy the other person; and
      (2)   after reasonable warning or request to desist by or on behalf of the other person.
   (c)   This Section does not apply to any constitutionally protected conduct.
   (d)   A violation of this Section is a Class A violation. Each day that a person violates this Section is a separate offense. (1993 L.M.C., ch. 27, § 1.)
   Editor’s note—Section 32-19A is quoted in Triggs v. State, 382 Md. 27, 852 A.2d 114 (2004).
Sec. 32-19B. Aggressive panhandling.
   (a)   In this Section the following words have the following meanings:
      (1)   Aggressive panhandling means asking for an immediate donation of money or any other thing of value, or attempting to sell any item or service, in an intimidating manner.
      (2)   Intimidating manner means behavior that makes a reasonable person fear harm to his or her person or property. Such behavior may include:
         (A)   touching the person solicited without the person’s consent;
         (B)   continuously soliciting or following the person solicited after a negative response;
         (C)   directing threatening language toward the person solicited; or
         (D)   interfering with the person’s safe passage.
   (b)   A person must not engage in aggressive panhandling in any place open to the general public for business or other purposes, including any public transportation vehicle.
   (c)   Any violation of this Section is a class B violation. (1995 L.M.C., ch. 11, § 1.)
Sec. 32-19C. Disruptive Behavior—Public Facilities
   (a)   In this Section, the following terms have the following meanings unless the context clearly indicates otherwise:
      (1)   Reviewing authority means the Chief Administrative Officer or an Assistant Chief Administrative Officer. An enforcement agent must not serve as reviewing authority.
      (2)   Enforcement agent means:
         (A)   a Department Director;
         (B)   a police officer, deputy sheriff, or County security officer;
         (C)   an assistant director, division chief, service chief, or other person in charge of a facility, who is designated by a Department Director; or
         (D)   a designee of the Director of Community Use of Public Facilities.
      (3)   Public facility means any building, grounds, or transit vehicle owned, leased, or used by the County, the Revenue Authority, or the Director of Community Use of Public Facilities.
   (b)   A person must not:
      (1)   act in a manner that a reasonable person would find disrupts the normal functions being carried on at that public facility; or
      (2)   engage in conduct that is specifically prohibited by a notice conspicuously posted at that public facility. The type of conduct that may be prohibited by a conspicuously posted notice is conduct that is likely to disrupt others’ use of the public facility, or conduct that poses a danger to the person engaging in the conduct or to others.
   (c)   A person must not refuse, after engaging in conduct prohibited by subsection (b) at a public facility, to accurately identify himself or herself when asked to do so by an enforcement agent.
   (d)   If a person engages in conduct prohibited by subsection (b), an enforcement agent may issue and personally deliver a written order to the person that:
      (1)   denies the recipient access to that public facility for a period not exceeding 90 days;
      (2)   prohibits the recipient, if a minor, from entering that public facility without being accompanied by a parent, custodian, or guardian;
      (3)   requires the recipient to receive prior written permission from the enforcement agent or another specified person designated by the Department Director before entering that public facility; or
      (4)   imposes any other reasonable condition intended to assure that normal functions carried on at that public facility are not unreasonably disrupted.
If the public facility is a transit vehicle, any order under this subsection may apply to some or all other transit vehicles.
   (e)   An order issued under subsection (d) must notify the recipient that he or she may meet with a reviewing authority to discuss any reasons why the recipient’s access to the applicable public facility should not be restricted. The notice must specify the proposed place, date, and time of the meeting. The meeting must initially be scheduled to be held during the next business day after the order is delivered to the recipient. At the request of the recipient, the reviewing authority may reschedule the meeting at a later date. If a meeting is held, the reviewing authority may affirm, modify, suspend, or rescind the order.
   (f)   A person must not violate an order issued under subsection (d). A person who violates subsections (b) or (c) or an order issued under subsection (d) has committed a Class A violation.
   (g)   The Chief Administrative Officer must report to the Council not later than March 1 each year on the use of this Section during the previous calendar year, including the number of orders issued under subsection (d) by each department or office. (2004 L.M.C., ch. 12, § 1.)
Sec. 32-19D. Hookah lounge, vape shop, and tobacco shop - hours of operation.
   (a)   Legislative Findings.
      (1)   The County has a responsibility to address public safety issues in an effective and rapid manner. There has been a rise in certain crimes, including armed robberies, carjackings, drug use, drunk driving, and car rallies, especially in central business districts (CBD) in Montgomery County with heightened risks during the early morning hours.
      (2)   The Montgomery County Police Department have responded to these challenges by deploying more police officers in CBDs; however, the increased police presence during overnight hours has led to significant overtime cost for the Department, reaching tens of thousands of dollars per month with a high point of $70,000 in overtime expenses. In addition, because of the concentration of police officers in CBDs there are also opportunity costs that have led to longer police response times during late nights for incidents outside of the CBD areas.
      (3)   The number of police calls received as a result of late night establishments operating in the downtown Silver Spring area between 2 a.m. and 7 a.m. increased by 16 percent from 2022 to 2023, with the highest overall count of 2,974 service calls when compared to other areas in the County.
   (b)   Definitions. As used in this Section:
      Hookah lounge means any facility, establishment, or place whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco, flavored tobacco, nicotine, or other substances, including vaping liquid, through one or more hookah pipes (also known as a hookah, electronic hookah, waterpipe, shisha or narghile). A hookah lounge may include a hookah bar or hookah cafe.
      Tobacco shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.
      Vape shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.
   (c)   Hours of operation - limited. A hookah lounge, tobacco shop, or vape shop may operate:
      (1)   on Monday through Thursday, from 9 a.m. to 2 a.m. the following day;
      (2)   on Friday and Saturday, from 9 a.m. to 3 a.m. the following day; and
      (3)   on Sunday:
         (A)   from 9 a.m. to 2 a.m. the following day; or
         (B)   from 9 a.m. to 3 a.m. the following day, if the federal government has designated the following day as a public holiday.
   (d)   A hookah lounge, tobacco shop, or vape shop that operates outside of the hours permitted under subsection (c) is in violation of this Section.
   (e)   Penalty. A violation of this Section is a Class A violation. Each day a violation occurs is a separate offense.
   (f)   Enforcement.
      (1)   The Executive may, under Method (2), adopt regulations to designate an agency or department for the implementation, administration, and enforcement this Chapter.
      (2)   The County Attorney may file an action in a court with jurisdiction to enjoin a violation of this Section. (2024 L.M.C., ch. 7, § 1.)
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