Loading...
(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.)
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.)
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.)
(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).
(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.)
(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.)
(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.)
Loading...