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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]
Article I. In General.
Sec. 48-1. Definitions.
Sec. 48-2. Applicability of chapter.
Sec. 48-3. Administration of chapter.
Sec. 48-4. Authority of council to regulate and control collection of solid waste.
Sec. 48-5. Permit required to collect or dispose of solid wastes.
Sec. 48-6. Regulations for collection or disposal.
Sec. 48-7. Reserved.
Sec. 48-8. Authority to establish service districts and disposal facilities.
Sec. 48-8A. Establishment of solid waste management district; systems benefit charge.
Sec. 48-9. Disposal sites generally.
Sec. 48-10. Deposit at other than approved place prohibited.
Sec. 48-11. Unlawful disposal of garbage or solid waste.
Sec. 48-11A. Disposal of garbage or solid waste in another’s container.
Sec. 48-12. Feeding of garbage to swine.
Secs. 48-13-48-15. Reserved.
Sec. 48-16. On-site disposal by burial.
Sec. 48-17. Disposal by use of compost piles.
Sec. 48-17B. Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County.
Sec. 48-18. Collectors and haulers-Generally.
Sec. 48-19. Licensing of collectors and haulers.
Sec. 48-20. Licensing of collectors and haulers - Registration of vehicles.
Sec. 48-21. General regulations for collectors.
Sec. 48-22. Permit required to haul garbage, etc., from outside state into county; exceptions; penalty.
Sec. 48-23. Leaving collection, hauling, etc., vehicle unattended; penalty.
Sec. 48-24. Storage and removal.
Sec. 48-24A. Storage of vehicles.
Sec. 48-25. Permits and licenses issued under chapter-Expiration; transfer.
Sec. 48-26. Permits and licenses - Fees.
Sec. 48-27. Permits and licenses - Refusal to renew; revocation or suspension.
Sec. 48-28. Permits and licenses - Appeals.
Sec. 48-29. Solid waste collection districts.
Sec. 48-30. Penalty for violations of chapter; injunctive, etc., relief.
Article II. Solid Waste Service Charges.
Article III. Solid Waste Advisory Committee. [Note]
Article IV. Solid Waste Fund.
Article V. Recycling.
ARTICLE VI. DISPOSABLE FOOD SERVICE PRODUCTS AND PACKAGING MATERIALS.
ARTICLE VII. PROHIBITED RELEASE OF BALLOONS.
ARTICLE VIII. WASTE REDUCTION/SOURCE REDUCTION*
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. 48-24A. Storage of vehicles.
   (a)   In this section, “unused vehicle:”
      (1)   Means a vehicle that is:
         (A)   Inoperable or not currently registered by a government agency; and
         (B)   Not subject to section 48-24;
      (2)   Includes trailers; and
      (3)   Does not include farm tractors or any farm equipment such as automobiles and trucks that are:
         (A)   Kept on properties consisting of 2 or more acres on which crops are being grown and harvested; and
         (B)   Used for the purpose of growing and harvesting crops.
   (b)   A person must not store an unused vehicle on residential property in violation of Section 26-9(a)(13). (1986 L.M.C., ch. 2, § 1; 1986 L.M.C., ch. 43, § 1; 2009 L.M.C., ch. 25, § 1.)
Sec. 48-25. Permits and licenses issued under chapter-Expiration; transfer.
   Permits, licenses or registrations issued under this chapter expire one year after the effective date of issuance unless otherwise stated thereon, and may be renewed if the applicant complies with this chapter. A registration, permit or license must not be transferred, except that if the holder dies, an executor, administrator or heirs may operate under the existing registration, permit or license. The Director may assign new dates of licensure to existing licenses to effectively stagger annual renewals evenly throughout the year and must adjust license fees pro rata. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
Sec. 48-26. Permits and licenses —Fees.
   Permit or license fees under this chapter shall be fixed annually by executive regulation adopted by the county executive under method (3) of section 2A-15 of this Code. The fees shall not exceed the cost of inspection, licensing and enforcement of this chapter. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 2011 L.M.C., ch. 17, § 1.)
Sec. 48-27. Permits and licenses —Refusal to renew; revocation or suspension.
   The director may refuse to renew or he may revoke or suspend any license or permit issued under this chapter or take such other action as he may deem necessary upon a finding that the holder of the license or permit has violated any provision of this chapter, or that the continued use or operation of the license or permit under this chapter would endanger the health, welfare or safety of the public. Notice of revocation, suspension or refusal to renew or other action shall be in writing, and mailed by certified mail or delivered in person to the address shown on the application and shall provide for a right to a hearing before the director prior to final action. In the event of an immediate danger to the public health or safety, notice and hearing shall not be required but shall be given as promptly thereafter as practical.
   In the collection and transportation of solid waste, the director may revoke the registration of a particular vehicle or vehicles of the licensee found to be in violation of this chapter, such revocation to remain in force until such time as the licensee puts any or all vehicles in compliance with the provisions of this chapter or corrects the violation. Notice of revocation shall be as provided above. Such revocation of the registration of a particular vehicle shall not otherwise affect the license to do business issued under this chapter or affect the registration of complying vehicles of the licensee. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)
Sec. 48-28. Permits and licenses — Appeals.
   Any person aggrieved by the issuance, denial, renewal, suspension, or revocation of a permit or license under this Chapter may appeal to the County Board of Appeals within 10 days after the action is taken. The Board may affirm, remand, modify, or reverse the action of the Department. An appeal to the Board must not stay the action unless the Board, upon application, grants a stay of the action. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)
   Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
   Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
   Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Sec. 48-29. Solid waste collection districts.
   (a)   A special service charge area known as the solid waste collection district, consists of that area of the county defined on maps in the office of the director where residential solid waste was collected under contract with the county government on June 1, 1977. The executive may expand or reduce the collection district under procedures adopted by Regulation under method (2) or by the county council in the comprehensive solid waste management plan. The executive may subdivide the collection district, and revise the boundaries of any subdistrict when that action will improve service or reduce cost.
   (b)   In the Solid Waste Collection District, a person may engage in the business of collecting solid waste from any single- or two-family dwelling unit under a private contract with the owner or occupant of the unit in addition to the collection by the County or its contract agent. The County or its contract agent must be the primary collection agency for single- or two-family dwelling units. The County or its contract agent must also be the exclusive collection agency for any multifamily building with 6 or fewer dwelling units. The County or its contract agent must not collect solid waste from any building with 7 or more dwelling units.
   (c)   The Director of Finance is authorized to bill and collect all County service charges imposed on property within such Solid Waste Collection Districts for solid waste collection service in the manner in which ordinary taxes are now or hereafter may be collected under the provisions of the general and local laws of the State and County; upon default in the payment of any service charge the property against which such service charge has been made shall be sold at tax sale in the same manner as real property is sold for nonpayment of ordinary taxes.
   (d)   The County Council must set charges annually for solid waste collection and management services under Section 48-31. These charges must correspond as closely as practicable to the actual cost, or an allocable portion of the cost, to the County to perform such services.
   (e)   The Director must certify, before each real property tax billing cycle, which properties are receiving solid waste collection service in the collection district.
   (f)   Service charges which are due and payable to the County, but which are omitted from tax bills for any reason, may be billed separately when due and may be collected as ordinary debts or may be added to a succeeding tax bill as provided in subsection (c) of this Section. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 1992 L.M.C., ch. 39, § 1; 1995 L.M.C., ch. 18, § 1; 1997 L.M.C., ch. 19, § 1.)
Sec. 48-30. Penalty for violations of chapter; injunctive, etc., relief.
   Any violation of any provisions of this chapter, unless otherwise provided for in the applicable section, shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53.)
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