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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]
Article I. In General.
Article II. Merit System. [Note]
Article III. Employee's Retirement System. [Note]
Article IV. Employer-Employee Relations. [Note]
Article V. Police Labor Relations. [Note]
Article VI. RESERVED.
Article VII. County Collective Bargaining. [Note]
Article VIII. Employees' Retirement Savings Plan. [Note]
Article IX. Deferred Compensation Plan.
Article X. Fire and Rescue Collective Bargaining. [Note]
ARTICLE XI. OTHER POST EMPLOYMENT BENEFITS TRUST.
ARTICLE XII. MONTGOMERY COUNTY GROUP TRUST.
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. 33-54. Exemption from execution, garnishment, or attachment.
   The right of a person to pension, the return of member contributions with credited interest, any pension payment option, death benefit, or any other right accrued or accruing to any person under this Article, and the money used to fund the retirement system created by this Article are not subject to execution, garnishment, attachment or any other process, and are not assignable, except as provided in this Article, or when an employee is indebted to the County or the Montgomery County Employees' Federal Credit Union.
   Despite any other provision in this Section, a benefit is payable to an alternate payee under a domestic relations order, as defined in Section 414(p)(1)(B) of the Internal Revenue Code, if the order is considered a qualified domestic relations order under Section 414(p)(11) of the Internal Revenue Code. The Chief Administrative Officer must authorize forms and procedures to determine whether a domestic relations order is qualified, and must determine the form and timing of distributions under a qualified order. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1978 L.M.C., ch. 44, § 1; 1998 L.M.C., ch. 31, § 1.)
Sec. 33-55. Filing of retirement system plan and contract.
   (a)   Filing of plan. The plan of the employees' retirement system of the county shall be filed with the Insurance Department of the State of Maryland and the Internal Revenue Service, United States Treasury Department.
   (b)   Filing of contract. The contract entered into between the county and the funding agent shall be filed with the Insurance Department of the State of Maryland and the Internal Revenue Service, United States Treasury Department. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1978 L.M.C., ch. 44, § 1.)
Sec. 33-55A. Qualification contingency for elected officials' plan.
   (a)   In the event it is determined that the elected officials' plan is not a qualified plan within the meaning of section 401(a) of the Internal Revenue Code, then the provisions of this chapter regarding the elected officials' plan are repealed as of the date of the determination. The repeal dates back to the original effective date of this act.
   (b)   Any account balance with respect to county elected officials' contributions must be returned to the county as soon as administratively possible after the repeal.
   (c)   Any account balance with respect to required elected officials' participant contributions or account balance with respect to voluntary elected officials' participant contributions, including any amount picked up by the county pursuant to section 33-39(a)(3), must, as soon as administratively possible following a repeal under this section 33-55A, be returned to the elected officials' participant who made them.
   (d)   (1)   Following a repeal under this section 33-55A, an elected officials' participant who does not make the election provided for in subsection 33-55A(e) may choose to become a participant in a retirement plan of the retirement system in which that individual would have been eligible to participate if the elected officials' plan had never existed.
      (2)   Benefits and vesting under a plan in which the individual becomes a participant under paragraph (d)(1) must be determined based only on credited service earned or purchased after the individual becomes a participant in the plans, plus any credited service earned or purchased prior to the individual's becoming an elected officials' participant, except as otherwise provided in paragraph (d)(3).
      (3)   Credited service earned while an elected officials' participant must be counted in determining benefits and vesting under a plan in which the individual becomes a participant under paragraph (d)(1) if the individual so chooses. An individual making that choice must contribute to the plan, in a single lump-sum cash payment, the total nonvoluntary employee contributions that the employee would have been required to make under the plan for the period during which that individual was an elected officials' participant if the individual had participated in the plan instead of the elected officials' plan. The county must also make, on behalf of any individual making the choice and contribution, contributions to the plan in the amount the county would have made on behalf of that individual for the period during which that individual was an elected officials' participant if the individual had participated in the plan instead of the elected officials' plan.
   (e)   Following a repeal under this section 33-55A, an individual who was an elected officials' participant may choose to have the county establish on that individual's behalf a nonqualified deferred compensation arrangement within the meaning of section 457 of the Internal Revenue Code. The arrangement must provide for deferral of compensation, beginning as of the first day of the month following the month in which the arrangement is entered into, until the individual's normal retirement date, in amounts that are sufficient to provide for a benefit comparable to the benefit the individual would have received under the elected officials' plan from the county elected officials' contributions account of the individual, assuming for purposes of the arrangement that the elected officials' plan would have continued to the individual's date of distribution and that all county elected officials' contributions would have been made to the elected officials' plan on the individual's behalf up to that date and that the account balance in the county elected officials' contributions account as of the date of repeal under this section 33-55A, and all subsequent contributions, would have earned interest, from and after the date of repeal under this section 33-55A, at the rate of six (6) percent per year. The regular earnings of such elected official must be increased as of the first day of the month following the month in which such arrangement is entered into by an amount equal to the amount to be deferred each month under such arrangement. (1987 L.M.C., ch. 27, § 11.)
Sec. 33-56. Interpretations.
   (a)   The Chief Administrative Officer is responsible for deciding questions arising under this Article. Any member of the County's retirement system and any retiree or designated beneficiary eligible to receive benefits from the retirement system, may request, in writing, a decision on questions arising under this Article from the Chief Administrative Officer, who must respond in writing to such request within 60 days. The response must include a statement of appeal rights.
   (b)   The Chief Administrative Officer's decision on a disability application under Section 33- 43 may be appealed under subsection 33-43.
   (c)   Any other decision by the Chief Administrative Officer may be appealed within 15 days to the Merit System Protection Board under procedures established by the Board. The decision of the Board is final. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1974 L.M.C., ch. 31, § 16; 1978 L.M.C., ch. 44, § 1; 1982 L.M.C., ch. 40, § 5; 1995 L.M.C., ch. 3, § 1; 2003 L.M.C., ch. 31, § 1.)
   Editor’s note-The above section is cited in Fultz v. Shaffer, 111 Md.App. 278, 681 A.2d 568 (1996).
Sec. 33-57. Records.
   (a)   Records generally. The chief administrative officer must prescribe the form, the scope, and the maintenance of records. The records of the retirement system must be maintained on the basis of the plan year.
   (b)   Decision of chief administrative officer on records. The decision of the chief administrative officer relating to the confidentiality, use, maintenance and disposition of all records and materials relating to the employees' retirement system of the county, and as to whether any information contained therein may be disclosed, shall be final.
   (c)   Time limit records are to be kept. The chief administrative officer, when not in conflict with state or county law, shall determine the time limit that retirement system records shall be kept on file and the final disposition of such records. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1978 L.M.C., ch. 44, § 1; 1987 L.M.C., ch. 29, § 10.; 1993 L.M.C., ch. 3, § 1.)
Sec. 33-58. Trust established-Trust fund.
   (a)   The county establishes a trust, which is part of the retirement system, for the benefit of the members of the retirement system. The trust consists of the money and property of the retirement system on the day before the day all the trustees have accepted the trust in writing, and any earnings, profits, increments, appreciation, and other additions that accrue.
   (b)   All of the money and property, all investments made with that money and property, and all earnings, profits, increments, and other additions, less the payments previously made by the board, are to be referred to as the trust fund.
   (c)   The board has legal title to all cash and other property of the retirement system, but may delegate some or all incidents of ownership as provided in this article. (1987 L.M.C., ch. 29, § 11.)
   Editor’s note—See County Attorney opinion dated 11/14/11 regarding the County’s liability for errors in the administration of the pension and retirement funds of employees.
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