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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]
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
Chapter 35. Police. [Note]
Article I. In General.
§ 35-1. County police subject to control by director of police.
§ 35-2. Law Enforcement Trust and Transparency Act.
§ 35-3. Powers and duties of director.
§ 35-4. Headquarters and substations-Generally.
§ 35-5. Takoma Park reimbursement.
§ 35-6. Advisory Commission on Policing.
§ 35-6A. Community policing.
§ 35-6B. Community informed police training.
§ 35-7. Fees, costs and charges.
§ 35-8. Service of process; powers of police.
§ 35-9. Internal affairs procedures and reporting requirements.
§ 35-10. Social security for members.
§ 35-11. Physical examination of applicants.
§ 35-12. Reserved.
§ 35-13. Police mutual aid agreements authorized.
§ 35-13A. Anti-Hate/Violence Fund.
§ 35-13B. Drug Enforcement Forfeitures Fund.
§ 35-13C. Private security camera incentive program.
§ 35-13D. Late night business safety plan.
Article II. Relief and Retirement Fund.
§ 35-14. Generally.
§ 35-15. Benefits generally.
§ 35-16. Procedure for obtaining benefits.
§ 35-17. Change or discontinuance of benefits.
§ 35-18. County's right of subrogation against third parties causing disability.
§ 35-19. Investment of funds.
§ 35-20. Transfer of fund and powers of trustees--Authority.
Article III. Regulations.
§ 35-21. General rules of conduct and performance.
§ 35-22. Police use of force and no-knock warrant policy – minimum standards.
Article IV. Police Discipline.
§ 35-23. Definitions.
§ 35-24. Police Accountability Board.
§ 35-25. Administrative Charging Committee.
§ 35-26. Trial Board.

 

Notes

[Note]
*Editor's note—Section 3 of 1999 L.M.C., ch. 30, reads as follows:
   "Regulations. All personnel regulations in effect when this Act becomes law [March 3, 2000] continue in effect, except that any reference in the regulations to an employee's "spouse" (or equivalent term, such as "widow") or a "spouse's dependent" means "spouse or domestic partner" and "spouse's or domestic partner's dependent", respectively, when that meaning is consistent with this Act. Within 120 days after this Act becomes law [March 3, 2000], the County Executive must submit to the Council, for approval under method (1), amendments to the personnel regulations to implement this Act. In this Section, "employee" includes both active and retired employees."
A deputy sheriff is not a police officer for the purpose of worker's compensation presumption of occupational disease in accordance with Annotated Code of Maryland, Art. 101, § 64A. Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982) (citing Code §§ 2-6(a), 2-43, 35-3(b), 35-8, 35-21(b)).
Cross references-Special deputy sheriffs, § 2-6; sheriff generally, § 2-7; alarm systems, ch. 3A; false reports to police, § 32-5; police labor relations, § 33-75 et seq.
Article I. In General.
Sec. 35-1. County police subject to control by director of police.
   The members of the county police are hereby required to report to the director of the county police immediately after their appointment and qualification and shall be at all times under the supervision and orders of such director. (Mont. Co. Code 1965, § 18-1; 1979 L.M.C., ch. 6, § 1; 1990 L.M.C., ch. 31, § 2.)
Sec. 35-2. Law Enforcement Trust and Transparency Act.
   (a)   Definitions. As used in this Section:
      Department means the Montgomery County Department of Police.
      Law enforcement agency means a government agency charged with enforcing Federal, State, or County law.
      Officer involved death means the death of an individual resulting from an action by a police officer or while the individual is in police custody.
      Police officer means a sworn officer employed by the County Department of Police.
      State’s Attorney means the State’s Attorney for Montgomery County.
   (b)   Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators:
      (1)   who are not employed by the County or the State’s Attorney;
      (2)   who have significant experience and expertise in conducting homicide and law enforcement officer use of force investigations; and
      (3)   work for a:
         (A)   local law enforcement agency located outside of the County;
         (B)   Federal law enforcement agency; or
         (C)   State law enforcement agency.
   (c)   Report. The independent investigators must submit a final written report to the State’s Attorney.
   (d)   Publication of the investigation report.
      (1)   Except as provided in paragraph (2), the written report must be released to the public to the extent permitted by law:
         (A)   if no criminal charges are filed against the police officer; or
         (B)   after the conclusion of any criminal case against the police officer.
      (2)   The custodian of the report may deny inspection of any part of the written report if it would:
         (A)   interfere with a valid and proper law enforcement proceeding;
         (B)   deprive a person of a right to a fair trial or an impartial adjudication;
         (C)   constitute an unwarranted invasion of personal privacy;
         (D)   disclose the identity of a confidential source;
         (E)   disclose an investigative technique or procedure;
         (F)   prejudice an investigation; or
         (G)   endanger the life or physical safety of an individual.
      (3)   This subsection must apply to a written investigation report prepared by the independent investigators or a report prepared by the Department if the Executive is unable to obtain an independent investigation.
   (e)   Internal investigation. This Section must not be interpreted to prohibit:
      (1)   an internal administrative review of the incident by the Department for possible discipline of a police officer pursuant to the Law Enforcement Officers’ Bill of Rights, MD Public Safety Code, §§3-101 to 3-113, as amended; or
      (2)   the Department from:
         (A)   responding to the crime scene to perform routine police duties to protect members of the public and members of the Department; or
         (B)   providing support and assistance to the independent investigators leading the investigation as requested by the independent investigators.
   (f)   Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit:
      (1)   a report to the Council on or before January 1, 2020:
         (A)   explaining all efforts made to secure an agreement with another law enforcement agency; and
         (B)   recommending changes to the law to support its goals; and
      (2)   updates to the Council every 90 days beginning on April 1, 2020 explaining continuing efforts to secure an agreement. (2019 L.M.C., ch. 6, §1; 2021 L.M.C., ch. 26, § 1.)
   Editor’s note—2019 L.M.C., ch. 6, §2, states: Effective Date. This Act must take effect on January 1, 2020. The amendments in Section 1 must apply to each officer involved death occurring after the Act takes effect.
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