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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. 32-20. Stalking.
   (a)   In this Section to stalk means to engage in a persistent pattern of conduct which:
      (1)   alarms, annoys, intimidates, frightens, or terrorizes a person; and
      (2)   causes the person to reasonably fear for his or her safety, or that of any third person.
   (b)   A person must not stalk another 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.
   (e)   A sentence imposed under this Section may be imposed separate from and consecutive to or concurrent with a sentence for any other offense based upon the act or acts establishing a violation of this Section. (1993 L.M.C., ch. 27, § 1.)
   Editor’s Note—Section 32-20 was cited in Attorney Grievance Commission v. Beatty, 409 Md. 11, 972 A.2d 840 (2009) and quoted and cited in Attorney Grievance Commission v. Thompson, 367 Md. 315, 786 A.2d 763 (2001).
   Former § 32-20, regarding police uniforms, is now § 32-21.
Sec. 32-20A. Hitchhiking in street or highway.
   A person must not stand or walk in the main-traveled portion of any public street or highway to solicit a ride from the driver or occupant of any vehicle. Any violation of this Section is a class C violation.
   Editor’s Note—See Editor’s note to Chapter 49 regarding 2007 L.M.C., ch. 8, § 3.
Sec. 32-21. Police-Wearing of uniform by unauthorized person prohibited.
   It shall be a class C violation as set forth in section 1-19 of chapter 1 of the County Code for any person not a member of the county police to wear the duly prescribed uniform of the county police or any distinctive part of such uniform or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the county police. Each day a violation continues to exist shall constitute a separate offense. (Mont. Co. Code 1965, § 18-4; 1983 L.M.C., ch. 22, § 41; 1993 L.M.C., ch. 27, § 1.)
   Editor’s Note-Formerly, § 32-20; former § 32-21 was repealed by 1975 L.M.C., ch. 31, § 1.
Sec. 32-22. Trailers-Connection with sewer system or septic tank required; exception; penalty.
   (a)   No automobile trailer or other vehicle shall be used as a place of residence within the Montgomery County Suburban District for more than twenty-four (24) hours, exclusive of Sundays, unless such vehicle shall have been connected under proper license to the sewer system of the Washington Suburban Sanitary District or to a septic tank constructed under license of the county board of health; provided, that this section shall not apply to vehicles so occupied within licensed tourist camps within the district.
   (b)   Any owner of property, or lessee thereof, who shall knowingly allow any such vehicle to be so used upon property owned or held as lessee by him, and any person so using any such vehicle shall be subject to punishment for a class C 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. (Code 1965, § 114-6; 1983 L.M.C., ch. 22, § 41.)
Sec. 32-23. Picketing a private residence.
   (a)   A person or group of persons must not picket in front of or adjacent to any private residence.
   (b)   This Section does not prohibit:
      (1)   a person or group of persons from marching in a residential area without stopping at any particular private residence; or
      (2)   picketing at a particular private residence:
         (A)   when that residence is also used for the occupant’s sole place of business; or
         (B)   during a public meeting.
   (c)   As used in this Section:
      (1)"Picket" or "picketing" means to post a person or persons at a particular place to convey a message.
      (2)   A "public meeting" is a gathering:
         (A)   announced in advance to the public or a portion of the public;
         (B)   held to discuss a matter; and
         (C)   attended by at least 3 people who do not reside at the residence where the meeting is held.
   (d)   Section 32-17 applies to any violation of this Section. (1993 L.M.C., ch. 36, § 2.)
Sec. 32-23A. Purchase of prostitution.
   (a)   Findings.
      (1)   Due to its location on the I-95 corridor, low crime rate, and high disposable income, Montgomery County has become a prime location for human trafficking;
      (2)   a significant number of prostitutes working in Montgomery County are victims of human trafficking; and
      (3)   the United States Department of Justice has found strong evidence to support a demand-reduction approach to combatting human trafficking.
   (b)   Definitions. In this Section, the following terms have the meanings indicated:
      Human trafficking means the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
      Prostitution means the performance of a sexual act, sexual contact, or vaginal intercourse for hire.
      Purchase means to offer or agree to pay money or something of value to another person in return for a service.
      Sexual act has the meaning stated in Md. Criminal Law Art. §3-301, as amended.
      Sexual contact has the meaning stated in Md. Criminal Law Art. §3-301, as amended.
      Vaginal intercourse has the meaning stated in Md. Criminal Law Art. §3-301, as amended.
   (c)   Prohibition. A person must not purchase prostitution in the County.
   (d)   Enforcement; penalties.
      (1)   A police officer may issue a civil citation or a criminal citation to a person whom the officer reasonably believes has violated this Section.
      (2)   A violation of this Section is a Class A violation. (2015 L.M.C., ch. 52, § 1.)
Article II. Victim Advocate Program.
Sec. 32-24. Program established.
   (a)   This Section establishes the victim advocate program to assist and support victims of crime.
   (b)   The program is administered by:
       (1)   the County Executive; or
      (2)   a nonprofit community-based service agency.
   (c)   If the Executive contracts with a nonprofit community-based service agency, that agency must:
      (1)   have a proven record in client service and advocacy; and
      (2)   be able to work with the business community to obtain goods and services and financial donations. (1987 L.M.C., ch. 4, § 1; 1998 L.M.C., ch. 25, § 1.)
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