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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
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Sec. 44-5A. Enterprise fund established; accounts.
   (a)   An enterprise fund is established. The Director of Finance administers the fund. The Director of Finance must deposit to the enterprise fund:
      (1)   all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;
      (2)   funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;
      (3)   all funds paid to the County from user fees and other payments for community use of other public facilities; and
      (4)   any funds appropriated by the County Council to the enterprise fund.
   (b)   The Director of Finance must pay from the enterprise fund amounts necessary to:
      (1)   reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;
      (2)   reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;
      (3)   pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and
      (4)   pay any other expenses necessary to carry out the activities authorized or required by this Chapter.
   (c)    (1)   The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use. For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board. This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.
      (2)   The accounts established under paragraph (1) must provide the financial basis to:
         (A)   calculate and establish fee schedules;
         (B)   estimate any subsidy the County will provide for a particular type of community use; and
         (C)   prepare budget requests for the appropriation of County funds to implement this Article. (1979 L.M.C., ch. 19, § 2; 1998 L.M.C., ch. 29, § 1.)
Article II. Public Schools.
Sec. 44-6. Annual expense allowance for members of board of education.
   The members of the board of education of the county shall each receive annually the sum of three hundred dollars ($300.00) for traveling and other expenses incident to attending the meetings and transacting the business of the board within the county, the sums to be put in the school budget and to be levied by the council. (Mont. Co. Code 1965, § 21-1; 1931, ch. 172.)
Sec. 44-7. Denominational and parochial school students entitled to transportation.
   All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools. (Mont. Co. Code 1965, § 21-2; 1945, ch. 977, § 1.)
   Editor's note-A similar provision, applicable to Baltimore County, ch. 185, 1937, was held to be valid in Board of Education v. Wheat, 174 Md. 314, 199 A. 628 (1938). See also, Adams v. County Commissioners of St. Mary’s County, 180 Md. 550, 26 A.2d 377 (1942), upholding a somewhat different statute providing for transportation of private school children. A New Jersey statute providing for public transportation for private school children was held not to violate the fourteenth amendment to the United States Constitution in Everson v. Board of Education, 330 U.S. 1 (1947).
Sec. 44-8. Cost of transportation of students; levy and appropriation; charge to students.
   The council is hereby authorized to levy and appropriate annually sufficient funds to defray any costs incurred by it in carrying into effect the provisions of section 44-7 and for the establishment of new bus routes, if in their discretion the board of education of the county and the council deem it desirable to establish new routes and to purchase additional buses, for the transportation to and from school of children attending schools not receiving state aid. The transportation of children to and from schools not receiving state aid shall be upon such reasonable terms and conditions as the board of education may from time to time determine but in no event shall the amount charged children attending such schools for using such buses or conveyances be greater or less than the amount charged children attending the public schools for the same kind of transportation. (Mont. Co. Code 1965, § 21-3; 1945, ch. 977, § 1.)
Sec. 44-9. Acceptance of donations for school purposes; requirements and procedure; power of council to forbid.
   The county board of education is hereby, in its discretion, authorized and empowered to accept donations of land and improvements thereon in the county, suitable for public school uses subject to mortgage indebtedness or indebtedness thereon not exceeding two-thirds of the value of each such donation, and to assume the payment of such indebtedness, to make extensions thereof and to pay the interest thereon as the same shall become due and payable out of any funds derived by such board from time to time from the county; provided, however, that a good and sufficient title shall be given in the corporate name of the county board of education for such land, subject only to such mortgage indebtedness; and provided further, that in case of the erection of a new building or of any addition to any such building under agreement with such board to accept a donation, as provided for in this chapter, the plans and specifications of such new building or addition to any building, so proposed to be donated, and any and all modifications thereof shall be submitted to and approved by the board; and further provided, that the interest on such indebtedness so assumed shall not exceed in any case a fair rental for the property donated; that before accepting any such donation the board shall advise the council of its purpose so to do and in writing, and the council shall have the right to consider the same ten (10) days and to forbid such acceptance if it shall be of the opinion that such indebtedness exceeds two-thirds of the value of the property donated or the interest thereon exceeds a fair rental for the property donated. (Mont. Co. Code 1965, § 21-4; 1908, ch. 229, § 1; 1912, ch. 790, § 531.)
Sec. 44-10. Biennial survey of school construction needs required.
   On or before January 1, 1939, and in every second year thereafter, the county board of education shall prepare a comprehensive survey and report on the needs of the county with respect to the construction, maintenance, repair and equipping of schools during the succeeding four-year period, with full estimates of their cost and the recommendations of such board with respect thereto. A copy of such report shall be submitted to the council, and to the senator and each delegate to the general assembly from the county for their use and information. (Mont. Co. Code 1965, § 21-5; 1937, ch. 480, § 861B.)
Sec. 44-11. Teachers' salaries to be paid monthly; report.
   The county board of education is hereby required hereafter to pay the salaries of the teachers of public schools in the county monthly; and that such teachers be and they are hereby required to make their reports to the board monthly instead of quarterly. (Mont. Co. Code 1965, § 21-6; 1898, ch. 451, § 1; 1912, ch. 790, § 526.)
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