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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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Rule 10. Procedure during debate.
   (a)   Withdrawal. The maker of a motion may withdraw the motion at any time before a vote is taken unless another member objects.
   (b)   Written motions. Before a vote is taken, any Councilmember may direct the Council Clerk to state the motion in writing and distribute it to the Council.
   (c)   Committee recommendations. A recommendation from a Council committee that received the affirmative votes of a majority of members of that committee, or a recommendation that received the affirmative votes of a majority of the members of any joint committee, is a main motion that does not require a second.
   (d)   Motion to table; taking from the table. A motion to table is not in order at a meeting of a Council Committee, including a joint Committee meeting. A Councilmember may move to take a bill or resolution from the table if the Councilmember voted to lay the bill or resolution on the table, or was absent and not merely abstaining from the vote. A bill may be taken from the table at any time until it expires. A resolution may be taken from the table at any time before it expires.
   (e)   Reconsideration. A Councilmember may move to reconsider a matter already decided if:
      (1)   the matter is still in the possession of the Council;
      (2)   the motion to reconsider is made:
         (A)   at the same meeting; or
         (B)   at the later of:
            (i)   the next similar Council meeting; or
            (ii)   any similar Council meeting held within the next 7 days; and
      (3)   the Councilmember voted with the prevailing side or was absent, and not merely abstaining from the vote.
   The Council may postpone a vote on a motion to reconsider to a time certain, but not indefinitely.
   (f)   Effect of Motion to Reconsider. A motion to reconsider, properly made, suspends the action that is the subject of the motion until the motion is adopted or rejected. A motion to reconsider, properly adopted, voids the action that is the subject of the motion.
   (g)   Reconsideration of enactment. A motion to reconsider the enactment of any law, zoning text amendment, or subdivision regulation amendment, requires 6 votes for adoption. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443.)
Rule 11. Vote requirements.
   (a)   Recording of votes. The Clerk must record in the Council minutes the vote of each Councilmember who votes on a matter, regardless of the method of voting used, such as a roll call vote, a hand vote, or a vote “without objection”.
   (b)   Voting – by consensus or “without objection”. Except as provided under subsection (d) of this Rule, the Council or a Committee may, at the discretion of the presiding officer, vote on amendments or Committee recommendations through consensus or “without objection” of the members present.
   (c)   Fractions under Robert’s Rules votes. If Robert’s Rules of Order apply under Rule 1(b) and prescribe a vote requirement of two-thirds, two-thirds of the 11-member Council must be 7 Councilmembers.
   (d)   Numbers and types of votes. The votes of the Council must comply with the requirements of the following chart. In the chart, RC means a roll-call vote, and HV means a vote by hand.
Action
Votes required
Type of Vote
Citation
Action
Votes required
Type of Vote
Citation
Legislation
Regular legislation
6
RC
Charter § 111
Expedited legislation
7
RC
Charter § 111
Override of Executive veto
7
RC
Charter § 208
Law authorizing individual CIP project
6
RC
Charter § 302, paragraph 6
Law creating new department or agency
7
RC
Charter § 401
Law designating non-merit position
7
RC
Charter § 401
Extend expiration date of bill
Majority
HV
Rule 6(f)
Withdraw bill
Majority
RC
Rule 6(g)
Motion not to consider bill
Majority
HV
Rule 8(a)
Land Use
Zoning text amendment
6
RC
Code § 59-7.2.4
Subdivision regulation amendment
6
RC
Maryland Code, Land Use Article § 23-104
Subdivision regulation amendment – Executive veto override
8
RC
Maryland Code, Land Use Article § 23-104
Master Plan approval
Majority
HV
Code § 33A-8
Master plan – extend time for Council action
8 (or, if less than the full Council is voting, 2/3 of members voting)
HV
Code § 33A-8
Local map amendment
6
RC
Code § 59-7.2.1
Local map amendment if contrary to recommendation of municipality where where property is located or Planning Board does not recommend approval
8
RC
Code § 59-7.2.1
Sectional map amendment
6
RC
Code § 59-7.2.3
Sectional map amendment – if contrary to recommendation of municipality where property is located or Planning Board does not recommend approval
8
RC
Code § 59-7.2.3
Budget
Spending affordability guidelines
Adoption
Amendment
 
 
Majority
Majority
 
 
HV
HV
 
 
Charter § 305
 
Budget approval – in general
Majority
HV
Charter § 305
Budget approval – that has been increased above the CPI limit in the Charter
7
HV
Charter § 305
Budget approval – that exceeds spending affordability guidelines
8
HV
Charter § 305
Veto override – budget of Council, Fire & Rescue Commission, Fire Departments and Rescue Squads, Housing Opportunities Com’n, Montgomery College
6
HV
Charter § 306
Other veto budget override
7
HV
Charter § 306
Supplemental appropriation before January 1 – in general
7
HV
Charter § 307
Supplemental appropriation before January 1 to accept a grant or comply with a law or regulation
6
HV
Charter § 307
Supplemental appropriation after January 1
6
HV
Charter § 307
Special appropriation
7
HV
Charter § 308
Transfer appropriation
Majority
HV
Charter § 309
Six-year CIP program approval
6
HV
Charter § 302
CIP amendment
6
HV
Charter § 302
Emergency special capital improvement project that is not done through legislation
7
HV
Charter § 302, paragraph 6
Property tax rate that exceeds the limit under Charter § 305
All current councilmembers
HV
Charter § 305
Resolutions
Resolution – in general
Majority
HV
Rule 7
Motion not to consider resolution
Majority
HV
Rule 8
Motions
Suspend rules
7 (or, if there is a vacancy, 2/3 of Councilmembers in office)
HV
Rule 2
Appointment
Confirm Executive appointment
Majority
HV
Charter § 215
Council appointment
Majority
HV
 
Fill County Executive vacancy
6
HV
Charter § 205
Fill Councilmember vacancy
Majority
HV
Charter § 106
Removal from Office
Councilmember
7
HV
Charter § 118
Executive
7
HV
Charter § 206
Miscellaneous
Disapprove Executive reorganization plan
6
HV
Charter § 217
Close meeting under Open Meetings Act
6
HV (individual votes must be recorded, per Open Meetings Act)
Md. Code Ann., General Provisions Article, Title 3
Amend Council Rules during first 90 days of term
Majority
HV
Rule 2(c)
Amend Council Rules after 90 days
7 (or, if there is a vacancy, 2/3 of Councilmembers in office)
HV
Rule 2(c)
 
(Res. No. 20-35.)
Plain Language Drafting Manual.
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