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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. 44-12. Annual levy; sums for various purposes to be specified.
   In making its annual levy for public school purposes, it shall be the duty of the council to separately specify the sum to be used for the maintenance of the public schools other than the high school branch thereof, the maintenance of the high school department of schools containing such department and the sum to be used for new buildings and equipment of the public schools of the county; provided, that the council may levy a contingent fund which may be applied to maintenance, high schools, new buildings or equipment in the discretion of the county board of education; and, provided further, that it shall be mandatory on the council to levy for each school year a sum which, together with the estimated state apportionment therefor, will be sufficient to lawfully maintain the public schools of the county other than high schools for the period for which each class of such schools were conducted in the school year ending July 31, 1913. (Mont. Co. Code 1965, § 21-9; 1914, ch. 361, § 524B.)
Sec. 44-13. Board of education not to incur deficits.
   The county board of education shall not expend for school purposes, or for any other purpose, a greater sum of money in any one (1) year than the aggregate amount of its receipts for such school year, including the amount annually levied for school purposes by the council and the amount annually received by such board from the treasurer of the state; and such county board of education shall not borrow any sum of money in any one (1) year in excess of its actual receipts and income for such school year. It shall not be lawful for the county board of education to contract or pay any debt in excess of the receipts of such board during any such school year. (Mont. Co. Code 1965, § 21-10.)
   Editor's note-In Board of Education v. Montgomery County, 237 Md. 191, 205 A.2d 202 (1964), the court ruled that the County Council must indicate in writing what items of the annual budget of the Board of Education have been denied and the reasons therefor.
Sec. 44-14. Payment of debts incurred in violation of article prohibited.
   The county shall not assume or pay any debt or portion thereof contracted in violation of the provisions of this article; provided, however, that it shall not be unlawful for such board to borrow money sufficient to pay its teachers and other school employees at or about the first day of June in each year in anticipation of the installment of state appropriations in such school year thereafter due and payable. (Mont. Co. Code 1965, § 21-11.)
Sec. 44-15. Authority to borrow up to five thousand dollars.
   Should the necessary expenditures of the board of education exceed the bona fide estimate thereof to the extent of not exceeding five thousand dollars ($5,000.00), the two (2) preceding sections shall not be so construed as to prevent such board from anticipating its revenues from the next succeeding school year to the amount of such indebtedness of not exceeding five thousand dollars ($5,000.00) or prevent the council from taking into consideration any such possible or actual deficit to the extent of not exceeding five thousand dollars ($5,000.00) in making its levy for school purposes. (Mont. Co. Code 1965, § 21-12; 1910, ch. 282, § 5; 1912, ch. 790, § 525.)
Sec. 44-16. Penalty for violation of section 44-13.
   Upon conviction for the violation by any member or officer of the county board of education of section 44-13, he shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and removed from office. (Mont. Co. Code 1965, § 21-13; 1914, ch. 361, § 526A.)
   Cross reference-Commercial campgrounds, § 41-7 et seq.
Article III. Private Schools and Recreational Camps. 1

 

Notes

1
*Cross reference--Special zoning requirements for private educational institutions § .
Division 1. Licensing and Regulation of Private Schools Generally.
Sec. 44-17. Definitions.
   For the purposes of this Division, the following words and phrases have the following meanings:
   Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services.
   License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article.
   Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a)   Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time. (Mont. Co. Code 1965, § 97-1; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 13, § 1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
Sec. 44-18. Requirements as to licenses generally.
   (a)   Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended.
   (b)   Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division.
   (c)   Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained.
   (d)   Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license:
      (1)   A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.
      (2)   A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county.
      (3)   A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare. (Mont. Co. Code 1965, § 97-2, 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 37, § 1.)
   Cross references-Building code, Ch. 8; electrical code, Ch. 17; plumbing and gas, Ch. 34; zoning, Ch. 59.
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