# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31. Motor Vehicles and Traffic.

### Article Vi. Parking - Special Provisions.

**Sec. 31-47.Parking permit for specialized service providers and qualified childcare centers.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated:

    Department means the Department of Transportation.

    Designated parking space means a parking space marked with official, enforceable signage located within a garage in a Parking Lot District.

    Director means the Director of the Department of Transportation or the Director’s designee.

    Parking Lot District (PLD) means all the land within the boundary area described under Section 60-1 in Silver Spring, Bethesda, and Wheaton.

    Qualified childcare center means a licensed childcare provider that:

    (1)   receives federal, state, County, or private childcare subsidies; or

    (2)   accepts subsidized childcare placement; and

    (3)   the facility is located within a PLD or within 0.1 mile radius of the PLD boundary area.

    Specialized services permit means a unique identification assigned to a specific vehicle, which allows that vehicle to park in a garage located in a PLD. The permit could be in the form of a placard, sticker or electronically matched to a vehicle’s license plate number or some other form of identification method.

    Specialized service provider (provider) means a non-profit organization in good standing under Maryland law, that is a grantee or recipient of a County grant or service contract and provides services for individuals experiencing homelessness in a PLD. Services may include prepared meals, shelter, clothing, or job placement.

  (b)   Parking permit for specialized service provider - established. The Department is authorized to provide a parking permit for a specialized service provider. A permit holder is allowed to use a designated parking space while actively supporting the operation of a specialized service provider that is managed by the Department of Health and Human Services (DHHS) and located in a County-controlled building.

  (c)   Request for designated spaces and monthly rate – The Director of DHHS may request up to 50 designated parking spaces each month and the Director must provide the initial monthly rate of $10 per space for each designated parking space. The rate may be amended by Council resolution.

  (d)   Number of discounted permits – maximum allowed. The Department must not issue more than 80 specialized service provider permits each month unless the Director determines that additional permits can be accommodated for the number of requested designated spaces.

  (e)   Distribution of specialized service provider permits. If requested by the Director of DHHS, the Department must provide permits on a monthly basis to DHHS. The Director of DHHS is responsible for distribution of the permits to providers for individuals that are actively supporting the operation of the non-profit organization.

  (f)   Parking permit for qualified childcare center - established. The Department is authorized to provide a parking permit for qualified childcare centers.

  (g)   Qualified childcare center parking permit - eligibility. A qualified childcare center may apply for parking permits on a form prescribed by the Director. At the time of application, the applicant must include, at minimum, the following supporting documents:

    (1)   a copy of the license or certificate of registration issued by the Maryland State Department of Education; and

    (2)   a copy of active certificate of general liability insurance.

  (h)   Number of qualified childcare center permits – maximum allowed. The Department must not:

    (1)   issue more than 120 qualified childcare center permits in total for the Silver Spring and Bethesda PLDs;

    (2)   issue more than 50 qualified childcare center permits for the Wheaton PLD; and

    (3)   issue more than 25 permits to an individual qualified childcare center each month.

    (4)   Availability of additional permits. If there is a request for a permit that exceeds the amount allowed under paragraph (1), (2), or (3), the Department must maintain a waiting list and reconsider the request at the beginning of each month.

  (i)   Qualified childcare center permit – rate. The permit rate must be set initially at $10 per month and may be amended by Council resolution.

  (j)   Qualified childcare center permit – payment and distribution. Qualified childcare centers must pay for the permits in advance of distribution by the Department. The Department must distribute the permits to the qualified childcare centers on a monthly basis. Qualified childcare centers must provide the permits to individual workers who commute onsite to support the operation of the center.

  (k)   Parking permits for qualified childcare center – parking hours. A permit granted by the Department allows parking of a vehicle in any long-term space located in a PLD garage between the hours of 6:00 a.m. and 7:30 p.m., Monday through Friday, while the permit holder is actively supporting the operation of a qualified childcare center.

  (l)   Revenue collected. Any revenue collected must be deposited into the PLD fund as required under Section 60-16.

  (m)   Enforcement.

    (1)   A valid specialized service provider permit must be properly displayed to authorize use of a designated parking space. No vehicle other than those assigned the applicable permit may park in the designated parking spaces in the assigned garage located in the Silver Spring PLD.

    (2)   A specialized service provider permit is not valid in any location other than a designated parking space.

    (3)   A valid qualified childcare center permit must be properly displayed and is only valid in a designated long-term parking space within the facilities assigned by the Department.

    (4)   The Department may revoke a permit and prohibit future distribution of permits to an organization or individual if it finds a violation of this Article or any abuse or misuse of a permit.

    (5)   Use of designated spaces, childcare service provider permits, or specialized service provider permits that do not comply with the provisions of this Section may result in enforcement action, which includes ineligibility for permit distribution, fines, towing or immobilization of vehicle.

  (n)   Regulations. The County Executive may develop Method (2) regulations to administer and enforce this Section. The regulations may, as necessary, modify the following:

    (1)   application or eligibility requirements for a parking permit;

    (2)   garage assignments or locations; and

    (3)   expiration or duration of a parking permit.

**Sec. 31-48. Parking Permit Areas.**

  (a)   The County Council finds that the health, safety, and welfare of many residents of the County are adversely affected by major public facilities and government actions. Certain public facilities and land uses which result from government actions, including zoning, cause nonresidents to park on streets in certain residential neighborhoods. Nonresident parking can restrict access by residents to street parking, increase air and noise pollution, and create unsafe traffic conditions. The Council enacts this Section to relieve these conditions, encourage mass transit use, and promote the health, safety, and welfare of County residents.

  (b)   The County Executive may by regulation adopted under Method (3) create, modify, or discontinue a parking permit area in which parking is restricted on specified streets to holders of parking permits issued under this Section. The Executive must consider the creation of a parking permit area upon petition by the residents of a given area. This authority is in addition to any other authority the Executive has to regulate motor vehicle parking.

  (c)   In designating a parking permit area the Executive must take into account:

    (1)   the effect on the safety of resident of the are of intensive use by nonresidents for parking of vehicles;

    (2)   the need of the residents of the area to obtain adequate on-street parking near their residences;

    (3)   the difficulty that residences of the area have in securing adequate on-street parking near their residences because of widespread use of available parking spaces by nonresidents;

    (4)   the impact of major public facilities and programs on the health, safety, and welfare of the residents of the area;

    (5)   the impact of nearby facilities used by the public on the availability of on-street parking for areas residents;

    (6)   the likelihood of increasing the availability of residential parking spaces through a parking permit system;

    (7)   the desire of the residents in the area for a parking permit system;

    (8)   the fact that the residents of an area have contributed to the cost of construction or improvement of streets in the area by direct assessment or indirectly in purchase or rental prices;

    (9)   the need for some parking spaces to be available in the area for use by nonresidents; and

    (10)   other factors the Executive finds relevant.

  (d)   The Executive or the Executive’s designee must hold a public hearing before creating or discontinuing a parking permit area or modifying the boundaries of an existing area. Any interested person may speak at the public hearing. The hearing must be held after due notice in a newspaper of general circulation in the County. The notice must clearly state the proposed action, the exact location of the parking permit area, and where to obtain more information. The additional information must include the reasons for creating, modifying, or discontinuing a parking permit area and any other relevant information. A similar public notice must be prominently posted within the proposed parking permit area.

  (e)   The Executive must decide whether to create, modify, or discontinue a parking permit area within 30 days after the public hearing or period of public comment closes. The Executive may extend the time of decision for 30 days. The Executive must mail a written copy of the decision to any person who submitted written comments or spoke at the public hearing.

  (f)   After a parking permit area is created, or modified the Executive or the Executive’s designee must issue appropriate parking permits and post parking signs in the area, indicating the times, locations and conditions under which a parking permit is required. Permits must be issued only to persons residing on property immediately adjacent to a street or road in the parking permit area. A permit remains valid during the period for which the permit is issued and must be renewed periodically. The Executive must adopt Regulations under method (2) to establish when a permit must be renewed. If a permit holder stops residing in a parking permit area before the permit expires, the permit then becomes invalid. A permit may be transferred only in accordance with regulations adopted by the Executive.

  (g)   The Executive may adopt regulations under Method (2) to implement this Section.

  (h)   The Council by resolution adopted under Section 2-57A must establish fees in amounts sufficient to pay the costs incidental to issuing and renewing of permits under this Section.

  (i)   A person must not park any vehicle or use any parking permit in a manner contrary to this Section or regulations adopted under it.