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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. 53-111. Uniform agreements; maximum lease and affiliation rates and other charges.
   (a)   The Executive must establish, by method (2) regulation:
      (1)   uniform lease, sublicense, and affiliation agreements which must conform to the minimum requirements of Section 53-218;
      (2)   maximum lease, sublicense, and affiliation rates that a licensee may charge a driver; and
      (3)   a list of types and amounts of other charges that a licensee may charge a driver.
   (b)   Maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, must be set at amounts determined by the Executive to:
      (1)   enable the licensee to receive adequate revenues to pay the licensee’s reasonable expenses and receive a fair and reasonable rate of return on the licensee’s investment; and
      (2)   provide drivers with an opportunity to earn a fair and reasonable income.
   (c)   In determining the maximum lease rates, the Executive must consider:
      (1)   vehicle, equipment and license costs;
      (2)   asset depreciation;
      (3)   the costs of insurance, operation and maintenance, uninsured repairs, wages and salaries, garage storage, taxes, fees, two-way dispatching and administration, as well as all other periodic expenses paid by the licensee; and
      (4)   any other factors that the Executive considers appropriate to further the purposes of this Chapter.
   (d)   The Executive must periodically review the maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, to ensure that the rates and charges are consistent with the objectives expressed in this section.
   (e)   The Executive may require all licensees to provide such financial information as may be reasonably necessary to establish maximum rates and charges allowed under this Section. Information submitted under this subsection is confidential and must not be disclosed to the public. (2015 L.M.C., ch. 39, § 1.)
ARTICLE 2. TAXICAB LICENSES.
Division 1. General License Provisions.
Sec. 53-201. Required.
   (a)   A person must not provide taxicab service without possessing a license as required under this Chapter.
   (b)   Except as provided in subsection (c)(3), a license must be issued only to the owner of each taxicab.
   (c)   A person must not operate a taxicab or provide taxicab service unless the person either:
      (1)   holds a fleet license; or
      (2)   holds one or more individual licenses and is affiliated with an association or a fleet; or
      (3)   holds a sublicense granted by a holder of a fleet license under Section 53-204A and is affiliated with that fleet.
   (d)   A licensee must hold a license for each taxicab.
   (e)   A licensee must own a taxicab associated with each license. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
Sec. 53-202. Display.
   Each licensee and driver are both responsible for displaying the license prominently in the taxicab at all times in a location that is plainly visible to passengers. (2004 L.M.C., ch. 27, § 1.)
Sec. 53-203. Types of licenses; cross-ownership.
   (a)   A fleet or association, including any officer, director, owner, employee, affiliate, subsidiary, or holding company, must not have any direct or indirect ownership interest in or management control over any other fleet or association that operates in the County.
   (b)   An individual must not hold a license originally issued to a fleet or association under this Chapter, and a fleet or association must not hold a license originally issued to an individual under this Chapter, unless the license was lawfully transferred under Section 53-204.
   (c)   Nothing is this Section prohibits a fleet or association from providing non-taxicab for- hire driving services as defined under State law and not regulated by the County. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
Sec. 53-204. Transferability; security interest.
   (a)   Any license must not be transferred except as provided in this Chapter.
   (b)   A license may be transferred only if:
      (1)   the license was first issued before January 1, 2015;
      (2)   the licensee notifies the Department in writing of the proposed transfer not less than 30 days before the date of the proposed transfer, specifying all terms and conditions of the proposed transfer and the identity of the proposed transferee;
      (3)   the Director finds that the proposed transferee meets all requirements of this Chapter and applicable regulations; and
      (4)   the licensee surrenders the license when the Director approves the transfer.
   (c)   The Director must not approve a transfer of any license if the transferee already holds, or would then hold, more than 40% of the total number of licenses then in effect. This subsection does not prohibit the sale or transfer of a license to a licensee that held more than 40% of the licenses in effect on October 1, 2004, or the sale or transfer of all or a majority of the licenses held by that licensee.
   (d)   A security interest may be created in a passenger vehicle license in accordance with the Maryland Uniform Commercial Code, subject to the Director’s approval. The Executive may by regulation attach further conditions to the creation of a security interest, consistent with this subsection, as necessary to avoid significant disruptions in taxi service. The Director may approve the creation of a security interest only if:
      (1)   the licensee and, if different, the proposed holder of the security interest has notified the Director at least 30 days before the security interest would be created of the identities of all parties to and all terms and conditions of the security interest; and
      (2)   the secured party acknowledges in the security interest agreement that:
         (A)   the security interest is subordinate, in all respects, to the authority of the Director to suspend, revoke, or refuse to renew the license under this Chapter; and
         (B)   any transfer of the license pursuant to a foreclosure or execution on the security interest is not effective unless the Director finds that the proposed transferee satisfies all requirements of this Chapter and applicable regulations.
   The Director must send to the secured party, at its last address on file with the Department, a copy of any written notice to the licensee regarding the suspension, revocation, or refusal to renew the license. That notice is the only notice the Director is required to provide to a secured party of any action taken or proposed to be taken with respect to a license.
   (e)   A transferred license is valid for the remainder of the term of the original license.
   (f)   A fleet or individual that transfers a license must not be issued a new license for three years after the transfer of the license. (2004 L.M.C., ch. 27, § 1; 2008 L.M.C., ch. 35, § 1; 2015 L.M.C., ch. 39, § 1.)
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