# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 2. Administration. ### Article Iv. Legislative Branch. #### Division 1. Generally. **Sec. 2-65. Board of health designated.** (a) The County Council is, and may act as, the County Board of Health. (b) When meeting as the Board of Health, the County Council has all the powers delegated to a local board of health under State and County law. (c) The County Council, meeting as the Board of Health, may adopt any regulation which a local board of health is authorized to adopt. Before it adopts a regulation, the Board must hold a public hearing after giving reasonable notice, as specified in the Council Rules of Procedure, to each municipality in the County and the public. #### Division 2. County Council. ##### Subdivision I. In General. **Sec. 2-66. Reserved.** **Sec. 2-67. Election of officers.** The council shall elect from among its members not later than December 31 in the year in which they take office, and at such other times as the council in office shall determine, a president and a vice-president. The president shall be the presiding officer, and in his absence the vice-president shall preside and perform the duties of the president. **Sec. 2-68. Order and decorum.** The president shall preserve order and decorum during the meetings and sessions of the council. He shall have general supervision of the county council offices, hearing and conference rooms, and other building spaces immediately adjacent thereto. In case of any disturbance or disorderly conduct therein, he shall have the power to order any such place to be cleared. **Sec. 2-69. Absence of the president.** In the absence of the president of the county council, the vice-president shall preside. In the absence of both president and vice-president, the council members present shall elect a president pro tempore. The vice-president or president pro tempore, while acting as president, shall have all the authority and voting rights thereof. **Sec. 2-70. Duties of Clerk of the Council.** (a) The Clerk of the Council must keep minutes of Council meetings, maintain its journal, and provide other administrative services required to assist the legislative process, including those specified in the Council rules of procedure. (b) The Clerk may designate an employee to act in the place of the Clerk as official custodian of Council records for purposes of authenticating records and responding to subpoenas and other orders or requests for records. The designated person has the same authority and position as the Clerk for the purpose designated, and response by that person satisfies any writ or order directed to the Clerk except for any writ or order which requires a response with personal knowledge of facts by the Clerk. **Sec. 2-71. Reserved.** **Sec. 2-72. Journal and minutes.** The Clerk of the Council must keep a written journal of all legislative sessions of the Council and written minutes of all non-legislative Council meetings. The journal and minutes must include motions and all votes by roll call or otherwise. In addition to the title of a bill or the subject matter of a resolution, only amendments to a bill or resolution which are adopted must have the full text entered in the journal or minutes. However, amendments offered but not adopted must be entered if a vote was taken on the amendment. After any correction, the Council must approve the journal or minutes by motion. **Sec. 2-73. Publication of bills and council proceedings.** (a) The Council is responsible for publication as required by Section 3, Article XI-A of the Maryland Constitution. The title or a summary of all laws and ordinances proposed must be published once a week for 2 successive weeks before enactment in at least one newspaper of general circulation in the County, so that the taxpayers and citizens may have notice of all proposed laws and ordinances. The requirement of publication of proposed legislation may be satisfied by including the title or summary in the notice of hearing. The validity of expedited legislation is not affected if the law is enacted before the law is advertised. If the publication requirements of the Maryland Constitution are changed, the Council must comply with any amended requirements of the Constitution and state and County law. (b) The council shall provide for publication of the proceedings of the council by making available promptly after approval by the council copies of the written minutes of all public sessions and copies of the written journal of all legislative sessions of the council. The copies of the minutes and journal shall be in printed or typewritten form, and sufficient number of copies shall be reproduced to meet all reasonable public requests for copies in addition to a true copy being made available to any members of the public for reading at the office of the county council. **Sec. 2-74. Permanent records.** The Clerk of the Council must maintain in a secure fire-proof storage area: (a) the legislative journal; (b) each law and resolution approved by the Council or Board of County Commissioners; (c) minutes of all Council and Board of County Commissioners meetings; and (d) any Executive Regulation reviewed by the Council under method (1) or method (2). The Clerk must maintain these records in a manner consistent with state law regulating retention and disposal of public records. **Sec. 2-75. Appointments.** (a) Non-merit and advisory council appointments. Members of boards, committees, commissions and similar bodies that directly advise the county council, members of the merit system protection board, and other persons who under the charter are appointed by the council, are appointed for the term and for the compensation, if any, and in the manner as is prescribed by the charter or by law. The affirmative vote of a majority of Council members in office is required for any appointment. (b) Confirmation of executive appointments. When any vacancy exists on any board, committee, commission, or similar body whose members are appointed by the county executive, the county executive should appoint a successor within 60 days. The county council should act within 60 days, by resolution, to confirm or disapprove the appointment. The affirmative vote of a majority of council members in office is required for confirmation. If the appointment is not confirmed, the county executive should promptly appoint another person to that vacancy and submit the person to the council for confirmation. **Sec. 2-76. Exercise of zoning, planning and subdivision powers.** The procedures for the Council to exercise its powers of zoning, planning or subdividing shall be as prescribed by Division II of the Land Use Article of the Maryland Code; by other applicable law enacted by the General Assembly of Maryland; by the zoning or subdivision laws; or otherwise as prescribed by the Council by law. **Sec. 2-77. Adoption of rules and regulations.** The council shall sit in non-legislative regular business meetings for the adoption by resolution of rules and regulations which implement or provide for the administration or execution of legislation. Notice and hearing provisions prescribed by law shall be followed. In absence of any other law requirements, provisions for notice and hearing, if the council in its discretion determines the same is necessary, shall be as the council shall by resolution provide in considering the particular rule or regulation for adoption. ##### Subdivision II. Legislative Sessions and Other Meetings. **Sec. 2-78. Schedule; adoption of rules and regulations; public sessions.** The first and third Tuesdays of each month and such additional days as the council may determine are designated as days for the enactment of legislation, but in no event shall the council sit for more than forty-five (45) days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The council shall meet at such times as it may determine for the conduct of other business and hearings. The council may adopt rules and regulations which implement or provide for the administration or execution of legislation under such procedures and provisions for notice and hearing prescribed herein or as otherwise prescribed by law. No business shall be transacted, or any appointments made, or nominations confirmed, except in public session. **Sec. 2-79. Quorum.** A majority of the members of council in office shall constitute a quorum for a legislative session or other business. **Sec. 2-80. Public participation; sign limitation; willful disturbance.** Reasonable seating facilities shall be provided for the general public at all sessions and public meetings, and the general public is encouraged to attend. During a session or meeting, time may be provided at the discretion of the president, or upon request of a majority of the council present, for members of the public to address the council on pertinent matters. Persons seeking to address the council on a specific subject should state reasons for an appearance in writing prior to the fixing of the agenda for the council; provided, that this rule may be suspended by a majority of the council members present. Public hearings upon pending legislation or the budget are convened for the express purpose of obtaining public participation and comment. Such hearings shall not constitute a legislative session. At all times, order and decorum shall be maintained in keeping with the dignity of the governmental process, and no person or groups shall interfere with this process, and the council shall take all necessary steps required to maintain order. No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the council offices, hearing or conference rooms, nor within any building in which is located the council office or in which the council is meeting or conducting a public hearing. This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing or other persons at a meeting nor extend from the body as may cause injury to another. Any person who shall violate the provision above, relating to signs, or who shall willfully interrupt or disturb council proceedings, after warning to desist, may be removed from the premises and shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. **Sec. 2-81. Yeas and nays.** A roll call vote by yeas and nays must be taken when legally required, and on any other vote on demand of any member. The Clerk of the Council must record the vote in the minutes or journal, as applicable. **Sec. 2-81A. Fiscal Impact Statements.** (a) Definitions. In this Section, the following words and phrases have the following meanings: Director means the Director of the Office of Management and Budget. Fiscal impact means an estimate of changes in future County revenue and expenditures attributable to a change in the law. (b) Fiscal impact statements. The Director must submit a statement to the Council describing the fiscal impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill. (c) Time for submission. A fiscal impact statement should be submitted to the Council: (1) no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and (2) no more than 21 days after a bill sponsored by a Councilmember is introduced. If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline. (d) Content of fiscal impact statement. Each fiscal impact statement must include: (1) the sources of information, assumptions, and methodologies used; (2) an estimate of changes in County revenues and expenditures regardless of whether the revenues or expenditures are assumed in a recommended or approved budget; (3) revenue and expenditure estimates covering at least the next 6 fiscal years; (4) an actuarial analysis through the entire amortization period for each bill that would affect retiree pension or group insurance costs; (5) later actions that may affect future revenue and expenditures if the bill authorizes future spending; (6) an estimate of the staff time needed to implement the bill; (7) an explanation of how the addition of new staff responsibilities would affect other duties; (8) an estimate of costs when an additional appropriation is needed; (9) a description of any variable that could affect revenue and cost estimates; (10) ranges of revenue or expenditures that are uncertain or difficult to project; and (11) if a bill is likely to have no fiscal impact, why that is the case. (e) Compliance. Council action on a bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. **Sec. 2-81B. Economic Impact Statements.** (a) Definitions. In this Section, the following words and phrases have the following meanings: Director means the Director of the Office of Legislative Oversight. Economic impact means an estimate of the costs and/or benefits to private organizations and individuals in the County attributable to a change in the law. (b) Economic impact statements. The Director must submit a statement to the Council describing the economic impact, if any, of each bill under consideration by the Council. The Director must submit a separate statement for each bill. (c) Time for submission. (1) An economic impact statement should be submitted to the Council no more than 21 days after a bill is introduced. (2) If the Director is unable to submit the statement within 21 days after the bill is introduced, the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline. (d) Content of economic impact statement. (1) Each economic impact statement must include: (A) the sources of information, assumptions, and methodologies used; (B) a description of variables that could affect economic impact estimates; and (C) if a bill is likely to have no economic impact, why that is the case. (2) Each economic impact statement should include the bill’s potential positive or negative effects, if any, on the County’s workforce, taxation policy, property values, incomes, operating costs to businesses and non-profits operating in the County, capital investment from the private sector, economic development, and the County’s competitiveness. (e) Compliance. Council action on an expedited bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. **Sec. 2-81C. Racial Equity and Social Justice Impact Statements.** (a) Definitions. In this Section, the following words and phrases have the following meanings: Director means the Director of the Office of Legislative Oversight or the Director’s designee. Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period. Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people. Racial equity and social justice impact means an estimate of changes in racial equity and social justice in the County attributable to a change in the law. Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics. (b) Racial Equity and Social Justice impact statement. The Director must submit a statement to the Council describing the racial equity and social justice impact, if any, of each bill and zoning text amendment under consideration by the Council or the District Council. The Director must submit a separate statement for each bill or zoning text amendment. The Director must consult with the Planning Board staff before submitting a racial equity and social justice impact statement for a zoning text amendment to the Council. (c) Time for submission. A racial equity and social justice impact statement should be submitted to the Council: (1) no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and (2) no more than 21 days after a bill sponsored by a Councilmember is introduced. If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline. (d) Content of racial equity and social justice impact statement. Each racial equity and social justice impact statement must include: (1) the sources of information, assumptions, and methodologies used; (2) an estimate of both positive and negative changes in racial equity and social justice in the County as a result of the implementation of the bill; (3) recommended amendments that may promote racial equity and social justice; and (4) if a bill is likely to have no racial equity or social justice impact, why that is the case. (e) Compliance. Council action on an expedited bill or District Council action on a zoning text amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. Transition and Effective Date. (a) The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020. (b) Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020. **Sec. 2-81D. Climate Assessments.** (a) Definitions. In this Section, the following terms have the meanings indicated. Climate hazard means a natural disaster or environmental consequence of climate change, such as flooding, extreme temperatures, severe storms, heavy winds, or droughts. Community climate resilience means the sustained ability of a network of people to use available resources to withstand, respond, recover, and adapt to future climate hazards. Carbon drawdown means anthropogenic activities removing carbon dioxide from the atmosphere and durably storing it in geological, terrestrial, or ocean reservoirs, or in products. It includes existing and potential anthropogenic enhancement of biological or geochemical carbon sinks, and direct air capture and storage. Director means the Director of the Office of Legislative Oversight or the Director’s designee. Greenhouse gas emissions mean emissions of greenhouse gases, precursors of greenhouse gases, and aerosols caused by human activities. These activities include the burning of fossil fuels, deforestation, land use and land use changes, livestock and fertilizer production, waste management, and industrial processes. Planning Board means the Montgomery County Planning Board or the Planning Board’s designee. Sequestration means the natural process of uptake and storage of carbon in a carbon pool. (b) Climate assessments required. (1) The Director must submit an assessment to the Council describing the climate impact, if any, of each bill under consideration by the Council. (2) The Planning Board must submit an assessment to the District Council describing the climate impact, if any, of each zoning text amendment, master plan, and master plan amendment under consideration by the District Council. (c) Time for submission. (1) A climate assessment should be submitted to the Council, or the District Council, at least 7 days prior to a public hearing on a bill, zoning text amendment, master plan, or master plan amendment. (2) If the Director or the Planning Board is unable to submit the assessment within the time required under paragraph (1), the Director or the Planning Board must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. (3) If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery date. (d) Contents of climate assessment. (1) Each climate assessment must include: (A) the sources of information, assumptions, and methodologies used; (B) a description of variables that could affect the assessment; and (C) if a bill, zoning text amendment, master plan, or master plan amendment is likely to have no climate impact, why that is the case. (2) Each climate assessment must include: (A) the potential positive or negative effects, if any, of the bill, zoning text amendment, master plan, or master plan amendment upon climate change; (B) quantitative or qualitative evaluations of the identified effects upon greenhouse gas emissions, sequestration, and carbon drawdown; and (C) quantitative or qualitative evaluations of the identified effects upon community climate resilience. (3) Each climate assessment must identify amendments or other recommendations, if any, that would reduce or eliminate any anticipated negative effects of the bill, zoning text amendment, master plan, or master plan amendment upon carbon dioxide removal, sequestration, drawdown, and community climate resilience. (e) Compliance. Council action on a bill, zoning text amendment, master plan, or master plan amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. (f) Templates for climate assessments - required. (1) Templates for the assessment of bills. (A) The Director must develop and publish online a climate assessment template to guide the development of climate assessments for bills under this Section. (B) At least once every 2 years, the Director must review the template and update the template as needed. (2) Templates for the assessment of zoning text amendments and master plans. (A) The Planning Board must develop and publish online a climate assessment template to guide the development of climate assessments for zoning text amendments, master plans, and master plan amendments under this Section. (B) At least once every 2 years, the Planning Board must review the template and update the template as needed. **Sec. 2-82. Consideration of bills and budgets.** (a) Consideration of bills. (1) Each bill enacted by the Council must contain only one subject matter. (2) A vote on final passage of a bill requires a roll call by yeas and nays. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote. (b) Consideration of the budget. No earlier than 21 days after submission by the county executive to the council of the operating and capital budgets for the ensuing fiscal year and the six-year programs, the council must hold public hearings on the proposed budgets and six-year programs. The council must publish notice of the hearings in one newspaper of general circulation in the county. The council sets the procedure for consideration and approval of the budgets and six-year programs. (c) Transmission to the Executive. (1) After enactment of any legislation by the Council, the Clerk of the Council must promptly prepare a copy of the legislation in printed or typewritten form as finally enacted. The Council President or acting President must sign the legislation. The Clerk must deliver the legislation within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive. (2) After Council approval of the budget, the Clerk must deliver a copy of the approved budget within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive. (d) Legend on enrolled law. An enrolled law must contain in succinct form on the face of the bill in an appropriate place the bill number, chapter number, date introduced, date enacted, date approved by county executive or date of disapproval, if disapproved, date of override of veto, if any and the effective date. #### Division 3. Advisory Boards and Committees. ##### Subdivision I. Reserved. **Secs. 2-83—2-87. Reserved.** ##### Subdivision II. Reserved **Secs. 2-88—2-90. Reserved.** ##### Subdivision III. Reserved. **Secs. 2-91—2-94. Reserved.** #### Division 4. Ordinances, Resolutions, Codes, Etc. **Sec. 2-95. Powers to adopt-Generally; administration and enforcement.** (a) Generally. The council is authorized to prescribe by law for minimum standards in the form of building, fire, electrical, plumbing, health, waste and trash removal, billboard, street construction, humane treatment of animals, plant disease and blight control and other regulations and codes to safeguard life, health or property or to promote public safety, morals or welfare by regulating: (1) Buildings and Other Structures. The design, erection, construction, repair, alteration, quality of materials, use, occupancy, location and maintenance of private and public buildings and other structures. (2) Plumbing, Heating and Electrical Fixtures. The installation and maintenance of plumbing, heating, and electrical fixtures in such buildings and structures and lines, wiring, piping and conduits in connection therewith. (3) Disposal of Waste, Sewage, Garbage, etc. The disposal of wastes, sewage and drainage and the dumping and accumulation of loose earth, rocks, trash, rubbish, garbage, ashes, junk, refuse and debris and limiting the height of weeds and treatment and disposal of diseased or blighted plant life and trees on any public or privately owned land in the county, and providing for the removal by the county of such matter from privately owned land at the expense of the landowner when such owner has refused or failed to remove the matter after due notice and opportunity for a hearing. (4) Billboards, Signs and Other Advertising Matter. The erection and maintenance of billboards and other similar structures, signs, posters, window and outdoor display advertising of any kind whatsoever. (5) Streets, Highways, Sidewalks, etc. The location, repair, use, grading, surfacing and other construction of streets, roads, highways, alleys, driveways and sidewalks for public use, and of curbs, gutters and drainage and other structures in connection therewith, whether or not maintenance by the county government is thereafter to be requested and the construction, maintenance and use of structures, vaults, tunnels, bridges, passageways, and buildings under, over or across public or dedicated streets, roads, highways, alleys, driveways and sidewalks. (6) Animals. The humane treatment of animals whether on public or private property. (7) Manufacturing Establishments, Slaughterhouses, Canneries, etc. Places of manufacturing soap and candles and fertilizers, slaughterhouses, packing houses, canneries, factories, workshops, mines, manufacturing plants and any and all places where offensive trades may be carried on, or which may involve or give rise to unsanitary conditions or conditions detrimental to health. (b) Requirements as to minimum standards. Such minimum standards shall include, where appropriate, structural engineering, health, sanitation, safety and fire protection requirements and requirements for safeguards during construction or alteration. (c) Construction of section. Nothing in this section shall be construed to affect any of the powers and duties of the state board of health, or any of the public general laws of the state relating to the subject of health. (d) Regulations for administration and enforcement. The council is authorized to prescribe by law for the county executive to adopt and amend regulations for the administration and enforcement of such standards, including bonds, permit and licenses and appropriate fees therefor, reports, schedules and inspection of premises necessary to such administration and enforcement. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards or regulations, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. **Sec. 2-96. Administration and enforcement of legislation in municipal corporations and special taxing districts.** (a) County enforcement of municipal laws and special taxing district regulations. (1) Any municipal corporation, by ordinance, or any special taxing district, by regulation, may request and authorize the County to administer or enforce any municipal law or special taxing district regulation. The County may administer or enforce the municipal law or special taxing district regulation on the terms and conditions as may mutually be agreed. (2) The County Executive may agree with a municipal corporation or special taxing district to enforce and administer any municipal law or special taxing district regulation. That agreement may authorize an agent of the municipal corporation or special taxing district to issue a citation, as an agent of the County, for a violation of any municipal law or special taxing district regulation. (3) After an agreement under this subsection takes effect, the County may treat a violation of any regulation of a special taxing district that the Council has approved (including a regulation adopted under Section 49-4) as a violation of the County Code under Section 1-18. In addition to any other remedy or penalty specified in the regulation, each violation of any regulation of a special taxing district may be treated as a Class B civil violation unless another class of violation is cited in the regulation. (b) Enforcement of county laws by municipal corporations. (1) If requested by any municipal corporation, the County Executive may delegate the administration or enforcement of any county law that applies in a municipal corporation to the chief administrative officer of the municipal corporation. (2) The County Executive may agree with the municipal corporation to regulate the delegation of the County's administration and enforcement powers to the municipal corporation's chief administrative officer. **Sec. 2-97. Reserved.** **Sec. 2-98. Reserved.** **Secs. 2-99-2-104. Reserved.** **Sec. 2-105. Reserved.** **Sec. 2-106. Existing requirements as to advertisement not affected.** Nothing in this article shall be construed to alter or amend the existing requirements of law imposed upon the council or the officials and agencies of the county with respect to the requirements of advertisement of orders, regulations, ordinances, tax sales, notices, etc., now required by existing law. **Sec. 2-107. Distribution and sale of information.** The council shall make such information so published available for general distribution within the county either without charge or upon such charge as the council may deem sufficient in its discretion to cover the actual cost of collecting and publishing such information.