Skip to code content (skip section selection)
Compare to:
Montgomery County Overview
Montgomery County Code
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
Sec. 35-22. Police use of force policy and no-knock warrant policy – minimum standards.
   (a)   Definitions. In this Section, the following terms have the meanings indicated.
   Alternatives means tactics and methods used by a law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time, options, and resources can be called upon to resolve the situation without the use of force. With respect to the use of deadly force, such term includes the use of less lethal force.
   Carotid restraint means a technique applied in an effort to control or disable a subject by applying pressure to the carotid artery, the jugular vein, or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by constricting the flow of blood to and from the brain.
   Deadly force means force that creates a substantial risk of causing death or serious bodily injury, including the discharge of a firearm, a carotid restraint, or a neck restraint.
   Deescalation tactics and techniques means proactive actions and approaches used by a law enforcement officer to stabilize the situation so that more time, options, and resources are available to gain a person’s voluntary compliance and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve the incident.
   Less lethal force means any degree of force that is not likely to have lethal effect.
   Necessary means that another reasonable law enforcement officer would objectively conclude, under the totality of the circumstances, that there was no alternative to the use of force.
   Neck restraint means a technique involving the use of an arm, leg, or other firm object to attempt to control or disable a subject by applying pressure against the windpipe or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by blocking the passage of air through the windpipe.
   Restrained individual means an individual who is under control and is not actively resisting arrest by use of intentional force that threatens serious bodily injury.
   Serious bodily injury means bodily injury that creates a substantial risk of death, causes a serious, permanent disfigurement, or results in long term loss or impairment of any bodily member or organ.
   Striking means hitting forcibly and deliberately with: a weapon; a body part such as a hand, elbow, knee, or foot; or any other implement.
   Totality of the circumstances means all credible facts known to the law enforcement officer leading up to and at the time of the use of force, including the actions of the person against whom the law enforcement officer uses such force and the actions of the law enforcement officer.
   (b)   Use of force policy directive – required.
      (1)   The Police Chief must issue a policy directive that establishes the permissible use of force by members of the police.
      (2)   The directive must:
         (A)   prioritize the safety and dignity of every human life;
         (B)   promote fair and unbiased policing; and
         (C)   protect vulnerable populations, including individuals with disabilities, children, elderly persons, pregnant individuals, persons with limited English proficiency, individuals without regard to sex, including gender identity or orientation, individuals without regard to race, persons with mental or behavioral disabilities or impairments, and populations that are disproportionately impacted by inequities.
   (c)   Minimum standards for use of force policy. The use of force policy directive required under this Section must, at a minimum:
      (1)   comply with the Constitutions of the United States and the State of Maryland;
      (2)   prohibit a member of the police from using deadly force against a person unless:
         (A)   such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person; and
         (B)   the use of such force creates no substantial risk of injury to a third person;
      (3)   prohibit a member of the police from using deadly force against a fleeing person unless:
         (A)   such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person;
         (B)   the use of such force creates no substantial risk of injury to a third person; and
         (C)   reasonable suspicion exists that the fleeing person committed a felony that threatened or resulted in death or serious bodily injury;
      (4)   prohibit a member of the police from striking a restrained individual;
      (5)   require a member of the police to stop, or attempt to stop, and to report to a supervisor, another officer who is using excessive force, violating the use of force policy, or committing a crime;
      (6)   protect a member of the police from retaliation or discipline for taking action under paragraph (5);
      (7)   prohibit a member of the police from using a neck restraint or a carotid restraint against an individual;
      (8)   prohibit a member of the police from shooting from a moving vehicle unless circumstances would authorize the use of deadly force;
      (9)   prohibit a member of the police from shooting at a moving vehicle unless the vehicle is being used as a weapon and the circumstances would authorize the use of deadly force; and
      (10)   prohibit any less lethal force unless such less lethal force is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense, and only after exhausting alternatives to the use of such force.
   (d)   Policy directive regarding knocking and announcing entry into a residence - required. The Chief of Police must issue a policy directive that regulates when a member of the police may:
      (1)   seek or participate in the execution of no-knock warrants; or
      (2)   enter private premises without first knocking and announcing the member’s presence.
   (e)   Minimum requirements for policy directive regarding no-knock entries into private premises. The policy directive issued under subsection (d) must, at a minimum, require that:
      (1)   only an officer assigned to the Montgomery County Police Special Weapons and Tactics (SWAT) Team may participate in the execution of a no-knock warrant;
      (2)   a member of the police may not enter into private premises without first knocking and announcing the member’s presence unless:
         (A)   exigent circumstances exist;
         (B)   other methods of serving a warrant, including methods which would mitigate risk, have been considered and have been determined to:
            i.   pose unacceptable risk to the life or safety of executing officers or another person; or
            ii.   be futile;
         (C)   the crime being investigated is:
            i.   a crime of violence as defined in Section 14-101(a) of the Criminal Law Article of the Maryland Code;
            ii.   related to firearms possession;
            iii.   related to a warrant obtained under Section 5-607 of the Public Safety Article of the Maryland Code;
            iv.   related to child abuse;
            v.   related to child pornography;
            vi.   related to domestic violence; or
            vii.   related to terrorism; and
         (D)   at least one of the following factors is present:
            i.   reasonable suspicion that a person is present at the location who has demonstrated a propensity for violence; or
            ii.   reasonable suspicion that entry into the location has been fortified, is “booby trapped”, or has unique characteristics which would make knocking and announcing one’s presence inherently unsafe; and
      (3)   a member of the police may not enter private premises without first knocking and announcing the member’s presence if the sole purpose of entering the premises is to prevent the destruction of evidence.
   (f)   The Chief of Police annually must provide a public report indicating the number of no-knock search warrants served by the Montgomery County Police SWAT team, including statistics on the number of warrants served:
      (1)   on behalf of the Montgomery County Police Department; and
      (2)   on behalf of another agency at a location within Montgomery County.
   (g)   The Chief of Police, in consultation with impacted persons, the Police Advisory Commission, communities, and organizations, including representatives of civil and human rights organizations, victims of police use of force, and representatives of law enforcement associations, must provide written guidance regarding:
      (1)   the types of less lethal force and deadly force that are prohibited under this Section; and
      (2)   how a law enforcement officer may assess whether the use of force is appropriate and necessary, and how to use the least amount of force necessary, when interacting with all individuals, including:
         (A)   pregnant individuals;
         (B)   children and youth under age 21;
         (C)   elderly persons;
         (D)   persons with mental, behavioral, or physical disabilities or impairments;
         (E)   persons experiencing perceptual or cognitive impairments due to use of alcohol, narcotics, hallucinogenic, or other drugs;
         (F)   persons suffering from serious medical conditions; and
         (G)   persons suffering from mental health concerns.
   (h)   Scope of directive. The policy directives established under this Section:
      (1)   must dictate the conduct of members of the county police in the performance of their duties;
      (2)   must not be construed to alter standards of civil or criminal liability;
      (3)   must not be construed to create private rights enforceable by any person or individual; and
      (4)   must not be construed to alter state or federal rules of evidence. (2020 L.M.C., ch. 24, §1.)
   Editor’s note2020 L.M.C., ch. 24, § 3, states: The Police Chief must issue the policies required under this Act, and the written guidance required under this Act, within 6 months after the effective date of the Act.