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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 53. TAXICABS.*
*Editor's note—2004 L.M.C., ch. 27, § 1, repealed former Chapter 53, §§ 53-1 through 53- 67, and enacted a new Chapter 53, §§ 53-101 through 53-704. The former Chapter 53 was derived from the following: Mont. Co. Code 1965, §§ 14-4, 14-6, and §§ 106-1 through 106-68; 1945, ch. 941, § 1130A; 1963, ch. 700, § 1; Ord. No. 6-41; Ord. No. 6-163; Ord. No. 6-177, §§ 1 through 4; 1969 L.M.C., ch . 35, § 18; 1969 L.M.C., ch. 44, § 6; 1972 L.M.C., ch. 16, § 5; 1973 L.M.C., ch. 18, § 1; 1974 L.M.C., ch . 37, § 1; 1974 L.M.C, ch. 38, § 1; 1975 L.M.C., ch. 22, § 1; 1975 L.M.C., ch. 37, §§ 1 through 7; 1977 L.M.C., ch. 7, § 1; 1977 L.M.C., ch. 28, § 16; 1977 L.M.C., ch. 29, §§ 1, 2; 1977 L.M.C., ch. 31, § 1; 1978 L.M.C., ch. 33, §§ 1, 3; 1983 L.M.C., ch. 44, § 1; 1983 L.M.C., ch. 49, § 1; 1984 L.M.C., ch. 24, § 51; 1984 L.M.C., ch. 27, § 34; 1985 L.M.C., ch. 31, § 32; 1986 L.M.C., ch. 5, § 1; 1986 L.M.C., ch. 41, § 1; 1989 L.M.C., ch. 5, § 2 through 4; FY1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C, ch. 4, § 1.)
Cross reference—Traffic, ch. 31.
Article 1 General Provisions.
§ 53-101. Definitions.
§ 53-102. Enforcement of chapter.
§ 53-103. Taxicab Services Commission.
§ 53-103A. Biennial review of the taxicab industry.
§ 53-104. Regulations.
§ 53-105. Administrative record.
§ 53-106. Rates.
§ 53-107. Fees.
§ 53-108. Taxicab stands.
§ 53-109. Duplicates.
§ 53-110. Centralized electronic dispatch system.
§ 53-111. Uniform agreements; maximum lease and affiliation rates and other charges.
Article 2. Taxicab Licenses.
Division 1. General License Provisions.
§ 53-201. Required.
§ 53-202. Display.
§ 53-203. Types of licenses; cross-ownership.
§ 53-204. Transferability; security interest.
§ 53-204A. Sublicenses.
Division 2. Issuance, Denial, Expiration, and Renewal.
§ 53-205. Periodic issuance of new licenses.
§ 53-206. License issuance; initial fee.
§ 53-207. License application.
§ 53-208. Individual licenses.
§ 53-209. Individual license application.
§ 53-210. Individual license lottery.
§ 53-211. Fleet license application.
§ 53-212. Criteria to deny a license.
§ 53-213. Additional criteria to deny a license.
§ 53-214. Expiration of license.
§ 53-215. Renewal of license.
Division 3. Duties of Licensees.
§ 53-216. Notice of change of address.
§ 53-217. Quarterly reports.
§ 53-218. Responsibility of licensees, affiliates, and drivers.
§ 53-219. Dispute resolution.
Division 4. Additional Duties of Fleets and Associations.
§ 53-220. Essential requirements.
§ 53-221. Operating requirements.
§ 53-222. User-side subsidy programs — participation.
Division 5. Taxicab Vehicles.
§ 53-223. Mechanical inspection certificate.
§ 53-224. Insurance required.
§ 53-225. State registration required.
§ 53-226. Continuous operation.
§ 53-227. Procedure when vehicle placed in or removed from service.
§ 53-228. Age of vehicles.
§ 53-229. Maintenance and repair.
§ 53-230. Vehicle numbering, lettering, and markings; rate chart.
§ 53-231. Doors; lettering; color; special equipment.
§ 53-232. Cruising lights.
§ 53-233. Seat belts.
§ 53-234. Taxicab meters.
§ 53-235. Inspections.
Article 3. Taxicab Driver Identification Cards
Division 1. General Identification Card Provisions.
§ 53-301. Identification Card Required.
§ 53-302. Display.
§ 53-303. Transferability.
Division 2. Issuance, Denial, Expiration, and Renewal.
§ 53-304. Identification card issuance.
§ 53-305. Contents of card.
§ 53-306. Application; temporary card.
§ 53-307. Physician’s certificate.
§ 53-308. Criteria to deny an identification card.
§ 53-309. Expiration of identification card.
Division 3. Duties of Drivers.
§ 53-310. Taxicabs from other jurisdictions.
§ 53-311. Notice of change of address.
§ 53-312. Duty to accept and convey passengers.
§ 53-313. Passenger receipts; credit card transactions.
§ 53-314. Trip records.
§ 53-315. Out of service notice.
§ 53-316. Parking at taxicab stands.
§ 53-317. Parking to solicit business.
§ 53-318. Trips to be made by most direct route.
§ 53-319. Accident reports.
§ 53-320. Use by other persons prohibited.
§ 53-321. Hours of operation.
§ 53-322. Driver and passengers only permitted in vehicle; exception.
§ 53-323. Maximum number of passengers.
§ 53-324. Group riding.
Article 4. Driver and Passenger Conduct.
§ 53-401. Alcoholic beverages; controlled dangerous substances.
§ 53-402. Smoking.
§ 53-403. Duty of passenger to pay fare.
Article 5. Accessibility.
§ 53-501. Standards
§ 53-502. Interior numbering and lettering.
§ 53-503. Training.
§ 53-504. Duty to accept and transport persons with disabilities.
§ 53-505. Accessible taxicab trip records.
§ 53-506. Number of accessible taxicab licenses.
Article 6. Enforcement.
§ 53-601. Duty of licensees and drivers generally.
§ 53-602. Obstruction and hindering of investigations; false statements.
§ 53-603. Penalty for violations.
§ 53-604. Suspension or revocation of license or identification card.
§ 53-605. Notices of violations and actions.
Article 7. Hearings, Appeals, and Judicial Review.
§ 53-701. Administrative appeal of certain denials
§ 53-702. Hearing on suspension or revocation.
§ 53-703. When effective; surrender of license
§ 53-704. Judicial review — denial, revocation, or suspension.
Article 8. Transportation Services Improvement Fund.
§ 53-801. Transportation Services Improvement Fund.
ARTICLE 1. GENERAL PROVISIONS
Sec. 53-101. Definitions.
   In this Chapter, unless the context indicates otherwise:
   Accessible taxicab means a taxicab that the Department has authorized to transport passengers with disabilities.
   Association means individual licensees who join together to form a business entity to provide taxicab service utilizing a single trade name consisting of a minimum of six licenses.
   Commission means the Taxicab Services Commission.
   Department means the Department of Transportation.
   Director means the Director of the Department or the Director’s designee.
   Dispatch means the traditional methods of pre-arranging vehicle-for-hire service, including through telephone or radio.
   Driver means an individual authorized to operate a taxicab under this Chapter and issued a Taxicab Driver Identification Card.
   Entity means a legally formed business organization in good standing, including any form of sole proprietorship, limited liability company, cooperative, corporation or partnership.
   Fleet means any entity that holds in its own name six or more licenses.
   In service means the operation of a taxicab on any roadway in the County when the driver is not displaying an approved out of service sign or notice.
   Individual Licensee means a person or entity who has an ownership interest in no more than five licenses and who is required to either affiliate with a Fleet or an Association in order to provide Taxicab Service.
   License or Taxicab License means a Passenger Vehicle License issued under this Chapter.
   Licensee means an individual or fleet to whom the Director has issued a license.
   Out of service means a taxicab that:
      (1)   displays a Department approved out of service sign or notice while being operated; or
      (2)   is removed from revenue service and parked.
   Owner means an individual or entity that:
      (1)   is listed with the state motor vehicle agency as holding legal title to a specific motor vehicle;
      (2)   is a conditional vendee or lessee of a vehicle that is the subject of an agreement for conditional sale or lease, if the conditional vendee or lessee has assumed liability, and is authorized to pay judgments and accept any legal notice or service of process, with respect to the vehicle; or
      (3)   acts as the agent of the registered owner for all purposes, including acceptance of liability, payment of judgments and other legal obligations, and receipt of any legal notice or service of process.
   Passenger means a person who engages a taxicab for hire.
   Passenger Vehicle License means a license to provide taxicab service using a specified motor vehicle.
   Seat belt means a seat belt as defined in State law.
   Security seal means a lead and wire seal, or a similar device, attached to a taximeter to secure the meter against unauthorized access, removal, or adjustment.
   Security interest means any security interest, pledge, mortgage, deed of trust, or similar encumbrance, by act or deed or by operation of law, to secure the repayment of indebtedness incurred with respect to a licensee’s taxicab business or the acquisition of a passenger vehicle license by a licensee.
   Taxicab means a motor vehicle that:
      (1)   is designed or configured to carry 7 or fewer persons, not including the operator;
      (2)   is used to provide for-hire taxicab service in the County, and
      (3)   either:
         (A)   appears to be a taxicab or otherwise for hire;
         (B)   displays the words “taxi,” “cab,” or “taxicab” anywhere on the vehicle;
         (C)   is advertised or held out to the public as a taxicab; or
         (D)   is used to respond to an immediate request for passenger transportation.
   Taxicab Driver Identification Card or Identification (ID) Card means a card showing that the holder has qualified to drive a taxicab in the County.
   Taxicab Service means carrying one or more passengers for compensation between points chosen by the passenger:
      (1)   regardless of how or when engaged, for a fare that is based on the distance traveled, time elapsed, or both, except as expressly authorized in this Chapter; or
      (2)   after being engaged by hail from a street, or from a parking lot, taxi stand, or other location where the vehicle is waiting for a request for service.
   A person who provides for-hire transportation service without a valid license or permit from an appropriate governmental authority is a provider of illegal taxicab service irrespective of the type of vehicle used.
   Taxicab Stand means an area marked solely for the use of taxicabs to wait for passengers.
   Transfer:
   (1)   means an assignment, sale, gift, conveyance, or other disposition that has as its purpose or effect the transfer of the rights conferred under this Chapter on the licensee to another person or entity; and
   (2)   if the licensee is a business entity, includes the transfer of 50 percent or more of the stock, voting rights, membership interest, or other ownership or controlling interest in the entity, regardless of whether the transfer occurs as one transaction or a series of separate transactions. (2004 L.M.C., ch. 27, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 39, § 1.)
   Editor’s note2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
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