Whenever any readily movable property of any kind, such as, but not limited to, furniture, appliances, personal effects, etc., shall be abandoned or left in violation of any law, ordinance or order on public or private premises, it may be removed by the county executive or whomever he may designate. Such property shall be dealt with as in the case of abandoned, unattended, junked or wrecked vehicles, as provided in sections 31-63 to 31-65 of this Code.

For the purpose of the following section, the term "person" shall be construed to include individuals, corporations, partnerships and associations and, his, her, or its agents, officers, servants and employees delivering, selling or offering for sale coal or coke. (Mont. co. code 1965, § 16-1; 1935, ch. 389, § 187A.)

It shall be unlawful for any person to deliver, sell or offer for sale any load of coal or coke in the county without a ticket or card which shall indicate on its face in plain characters the vendor’s name, the date and the weight of such coal or coke, the kind of coal or coke, the name of the purchaser, vendee or consignee. Such coal or coke shall be weighted before delivery and the ticket or card indicating such weight shall be signed by a weigher in the county whose name and address shall be indicated on the ticket or card; provided, that any vendor of coal or coke whose place of business is in the District of Columbia or Prince George’s County, and who delivers coal or coke in the county may have the same weighed in either the District of Columbia or Prince George’s County or in the county.

The violation of any of the provisions of section 32-3 is hereby declared a misdemeanor to be punishable upon conviction by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or imprisonment in jail for not less than five (5) days nor more than thirty (30) days or by both fine and imprisonment in the discretion of the court.

Any person who shall make or cause to be made to any officer or member of the Montgomery County division of police protection a false or fictitious report of the commission of any criminal offense or any other matter which the division of police protection is required by law to investigate, knowing such report to be false or fictitious, shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

(a) No person shall exhibit out of doors or under any awning or porch connected with any building, foodstuffs, vegetables or produce for sale within the Montgomery County Suburban District, unless the same shall be elevated not less than two (2) feet above the ground or sidewalk where the same is exhibited. (b) Any person who shall violate any provision of this section shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device without setting forth the particular scheme, practice or device employed; provided, that this section shall not apply to any benefit performance or part thereof conducted pursuant to section 30-4 of this Code.

(a) The word "handbill," as used in this section, shall include any printed or written matter, circular, dodger, leaflet, pamphlet, paper, booklet, card or other printed or otherwise reproduced original or copy of any matter of literature. (b) It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill or to cause any handbill to be distributed, deposited, placed, thrown, scattered or cast in or upon any automobile or other motor vehicle, whether stationary or moving, occupied or unoccupied, upon any public street, road, highway, parking lot or other property owned, maintained or under the jurisdiction of the county or other governmental agency; provided, that this section shall not apply to or prevent the distribution of any handbill in the manner hereinbefore set forth in or upon any automobile or other motor vehicle with the permission of the owner or occupant thereof having first been obtained and shall not apply to distribution in or upon stationary motor vehicles of religious or political handbills bearing the name or signature of the person or organization authorizing such distribution. (c) The appearance of the name of each person, firm or association on any handbill distributed as set forth in subsection (b) hereof, shall be deemed prima facie evidence that such person, firm or association expressly or impliedly authorized such distribution. (d) The violation of any of the provisions of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

It shall be unlawful for any person to store or accumulate for the purpose of sale or otherwise any gasoline, kerosene or other flammable fluid of known dangerous character on any tank wagon or other vehicle containing barrels, drums, cans or other receptacles for the storage of such fluids, and to park or maintain the same on any street, roadway, parking or land thereto adjoining within the Montgomery County Suburban District for the purpose of sale and distribution of the gasoline, kerosene or other flammable fluid.

It shall be unlawful for any person to supply or permit to be supplied with gasoline, kerosene or other flammable fluid of known dangerous character, any motor vehicle or other mechanism powered by an internal combustion engine of which the gasoline, kerosene or other flammable fluid shall be the fuel, on the roadway, sidewalk or parking of any street, avenue or road, or in or on any alley or public driveway, or in any vacant lot or plot of ground adjoining the roadway, sidewalk or parking of any street, avenue or road, or any alley or public driveway within the Montgomery County Suburban District, except in case of an emergency.

Any person violating any of the provisions of sections 32-9 and 32-10 shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of storage or each sale violative of such sections shall be deemed to be a separate offense and punishable as such.

Any person who shall willfully or maliciously injure or destroy, or cause to be injured or destroyed, any public property of any kind whatsoever, shall be subject to punishment for a class A violation as set forth in section 1-19 of the County Code. For the purpose of this section, the term "public property" shall include but shall not be limited to buildings, furniture, fixtures, grounds, streets, highways, alleys, signs, fingerboards, sidewalks, curbs, gutters, storm drainage and other structures located in or on lands owned by the county, or dedicated to the use of the public.

(a) Definitions. In this Section, the following words have the meanings indicated. (1) Graffiti means the marks made or objects applied by a person on any real or personal property of another without the consent of the owner, lessee, agent or person in charge, using paint, spray paint, markers, or any other object or substance. (2) Graffiti material means any can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, any indelible marker with a marking tip of one-quarter inch or more in diameter, and any engraving device. (b) Possession of graffiti material. A person must not possess graffiti material on public or private property with the intent to violate subsection (c). (c) Graffiti prohibited. A person must not apply graffiti on any publicly or privately owned surface. (d) Penalty. Any violation of this Section is a class A violation.

As used in Sections 32-14 through 32-17, the following terms have the following meanings: Place open to the public: Any place where the public is invited or permitted, including: (a) a place of business; (b) a parking lot; (c) a place of worship; (d) a cemetery; (e) a place of amusement; or (f) an elevator, lobby, or hallway. Public place: (a) Any public way, including (1) a street, road, or highway; (2) a sidewalk; (3) an alley or land; or (4) a crosswalk. (b) Any public facility, including (1) a park; (2) a playground; (3) a school; or (4) a government building. (c) Any vacant lot or parcel of land.

An individual must not at, on, or in a public place or place open to the public: (a) interfere with or hinder the free passage of pedestrian or vehicular traffic; or (b) incite unlawful conduct, by words or intentional conduct, which is likely to produce imminent unlawful conduct.

(a) A police officer may temporarily detain any individual under circumstances that reasonably indicate that the individual: (1) has engaged in conduct prohibited under Section 32-14; (2) has violated or is violating a condition of parole or probation; or (3) has committed, is committing, or is about to commit a crime. (b) A police officer may detain an individual under this Section only to determine the individual’s identity and the circumstances surrounding suspected criminal behavior. Any detained individual must truthfully identify himself, but must not be compelled to produce identification or answer any other question from any police officer. (c) An individual must not be detained under this Section longer than is reasonably necessary to achieve the purposes of this Section. Unless the individual is arrested, the detention must not last longer than 60 minutes or extend beyond the place, or the immediate vicinity of the place, where the individual was first detained.

Nothing in this article, except section 32-23, prohibits lawful picketing or other lawful assembly.

(a) An individual who violates Section 32-14 or Section 32-15 has committed a Class B violation. (b) An individual must not be charged with a violation of Section 32-14 or Section 32-15 unless the arresting officer has first warned the individual of the violation and the individual has failed or refused to stop the violation.

(a) In this section the words “public place” and “place open to the public” have the meanings stated in Section 32-13. (b) Except as provided in subsection (c), a person must not urinate or defecate, whether or not the act is actually viewed by another person, in: (1) a public place; (2) a place open to the public; or (3) any other place where the person may be seen from a public place or place open to the public. (c) This Section does not prohibit a person from using an enclosed public restroom or other similar facility that is clearly designated for use as a bathroom, toilet, or lavatory. (d) A person who violates this Section has committed a Class A violation.

Any individual, partnership, firm, association, corporation or other legal entity who knowingly produces, sponsors, manages, directs, presents, or engages in, performs, or participates in any live obscene conduct, in any public place or in a place exposed to public view, or in any place open to the public or to a segment thereof, in the presence of any other person or persons who have paid a consideration of any type whatsoever, or presented a membership card or other token, to observe the conduct; and any owner, lessee or manager of any premises who knowingly permits the same to be used for any of the activities described above shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense. For the purpose of this section, “obscene live conduct” shall be defined as live conduct, the dominant theme of which, when taken as a whole: (a) Appeals to the prurient interest in sex; (b) is so patently offensive that it affronts contemporary community standards relating to the representation of sexual matters; and (c) lacks serious literary, artistic, political or scientific value.

If any person shall use obscene or indecent language or shall threaten any person with physical harm or shall make indecent proposals to any person by means of the telephone he shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense. This section shall apply with respect to any telephone communication either originating or received in the county, or both.

(a) In this Section course of conduct means a persistent pattern of conduct of a series of acts over a period of time that shows a continuity of purpose. (b) A person must not follow another person in or about a public place or intentionally engage in a course of conduct that alarms or seriously annoys another person: (1) with intent to harass, alarm, or annoy the other person; and (2) after reasonable warning or request to desist by or on behalf of the other person. (c) This Section does not apply to any constitutionally protected conduct. (d) A violation of this Section is a Class A violation. Each day that a person violates this Section is a separate offense.

(a) In this Section the following words have the following meanings: (1) Aggressive panhandling means asking for an immediate donation of money or any other thing of value, or attempting to sell any item or service, in an intimidating manner. (2) Intimidating manner means behavior that makes a reasonable person fear harm to his or her person or property. Such behavior may include: (A) touching the person solicited without the person’s consent; (B) continuously soliciting or following the person solicited after a negative response; (C) directing threatening language toward the person solicited; or (D) interfering with the person’s safe passage. (b) A person must not engage in aggressive panhandling in any place open to the general public for business or other purposes, including any public transportation vehicle. (c) Any violation of this Section is a class B violation.

(a) In this Section, the following terms have the following meanings unless the context clearly indicates otherwise: (1) Reviewing authority means the Chief Administrative Officer or an Assistant Chief Administrative Officer. An enforcement agent must not serve as reviewing authority. (2) Enforcement agent means: (A) a Department Director; (B) a police officer, deputy sheriff, or County security officer; (C) an assistant director, division chief, service chief, or other person in charge of a facility, who is designated by a Department Director; or (D) a designee of the Director of Community Use of Public Facilities. (3) Public facility means any building, grounds, or transit vehicle owned, leased, or used by the County, the Revenue Authority, or the Director of Community Use of Public Facilities. (b) A person must not: (1) act in a manner that a reasonable person would find disrupts the normal functions being carried on at that public facility; or (2) engage in conduct that is specifically prohibited by a notice conspicuously posted at that public facility. The type of conduct that may be prohibited by a conspicuously posted notice is conduct that is likely to disrupt others’ use of the public facility, or conduct that poses a danger to the person engaging in the conduct or to others. (c) A person must not refuse, after engaging in conduct prohibited by subsection (b) at a public facility, to accurately identify himself or herself when asked to do so by an enforcement agent. (d) If a person engages in conduct prohibited by subsection (b), an enforcement agent may issue and personally deliver a written order to the person that: (1) denies the recipient access to that public facility for a period not exceeding 90 days; (2) prohibits the recipient, if a minor, from entering that public facility without being accompanied by a parent, custodian, or guardian; (3) requires the recipient to receive prior written permission from the enforcement agent or another specified person designated by the Department Director before entering that public facility; or (4) imposes any other reasonable condition intended to assure that normal functions carried on at that public facility are not unreasonably disrupted. If the public facility is a transit vehicle, any order under this subsection may apply to some or all other transit vehicles. (e) An order issued under subsection (d) must notify the recipient that he or she may meet with a reviewing authority to discuss any reasons why the recipient’s access to the applicable public facility should not be restricted. The notice must specify the proposed place, date, and time of the meeting. The meeting must initially be scheduled to be held during the next business day after the order is delivered to the recipient. At the request of the recipient, the reviewing authority may reschedule the meeting at a later date. If a meeting is held, the reviewing authority may affirm, modify, suspend, or rescind the order. (f) A person must not violate an order issued under subsection (d). A person who violates subsections (b) or (c) or an order issued under subsection (d) has committed a Class A violation. (g) The Chief Administrative Officer must report to the Council not later than March 1 each year on the use of this Section during the previous calendar year, including the number of orders issued under subsection (d) by each department or office.

(a) Legislative Findings. (1) The County has a responsibility to address public safety issues in an effective and rapid manner. There has been a rise in certain crimes, including armed robberies, carjackings, drug use, drunk driving, and car rallies, especially in central business districts (CBD) in Montgomery County with heightened risks during the early morning hours. (2) The Montgomery County Police Department have responded to these challenges by deploying more police officers in CBDs; however, the increased police presence during overnight hours has led to significant overtime cost for the Department, reaching tens of thousands of dollars per month with a high point of $70,000 in overtime expenses. In addition, because of the concentration of police officers in CBDs there are also opportunity costs that have led to longer police response times during late nights for incidents outside of the CBD areas. (3) The number of police calls received as a result of late night establishments operating in the downtown Silver Spring area between 2 a.m. and 7 a.m. increased by 16 percent from 2022 to 2023, with the highest overall count of 2,974 service calls when compared to other areas in the County. (b) Definitions. As used in this Section: Hookah lounge means any facility, establishment, or place whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco, flavored tobacco, nicotine, or other substances, including vaping liquid, through one or more hookah pipes (also known as a hookah, electronic hookah, waterpipe, shisha or narghile). A hookah lounge may include a hookah bar or hookah cafe. Tobacco shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances. Vape shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances. (c) Hours of operation - limited. A hookah lounge, tobacco shop, or vape shop may operate: (1) on Monday through Thursday, from 9 a.m. to 2 a.m. the following day; (2) on Friday and Saturday, from 9 a.m. to 3 a.m. the following day; and (3) on Sunday: (A) from 9 a.m. to 2 a.m. the following day; or (B) from 9 a.m. to 3 a.m. the following day, if the federal government has designated the following day as a public holiday. (d) A hookah lounge, tobacco shop, or vape shop that operates outside of the hours permitted under subsection (c) is in violation of this Section. (e) Penalty. A violation of this Section is a Class A violation. Each day a violation occurs is a separate offense. (f) Enforcement. (1) The Executive may, under Method (2), adopt regulations to designate an agency or department for the implementation, administration, and enforcement of this Chapter. (2) The County Attorney may file an action in a court with jurisdiction to enjoin a violation of this Section.

(a) In this Section to stalk means to engage in a persistent pattern of conduct which: (1) alarms, annoys, intimidates, frightens, or terrorizes a person; and (2) causes the person to reasonably fear for his or her safety, or that of any third person. (b) A person must not stalk another person. (c) This Section does not apply to any constitutionally protected conduct. (d) A violation of this Section is a Class A violation. Each day that a person violates this Section is a separate offense. (e) A sentence imposed under this Section may be imposed separate from and consecutive to or concurrent with a sentence for any other offense based upon the act or acts establishing a violation of this Section.

A person must not stand or walk in the main-traveled portion of any public street or highway to solicit a ride from the driver or occupant of any vehicle. Any violation of this Section is a class C violation.

It shall be a class C violation as set forth in section 1-19 of chapter 1 of the County Code for any person not a member of the county police to wear the duly prescribed uniform of the county police or any distinctive part of such uniform or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the county police. Each day a violation continues to exist shall constitute a separate offense.

(a) No automobile trailer or other vehicle shall be used as a place of residence within the Montgomery County Suburban District for more than twenty-four (24) hours, exclusive of Sundays, unless such vehicle shall have been connected under proper license to the sewer system of the Washington Suburban Sanitary District or to a septic tank constructed under license of the county board of health; provided, that this section shall not apply to vehicles so occupied within licensed tourist camps within the district. (b) Any owner of property, or lessee thereof, who shall knowingly allow any such vehicle to be so used upon property owned or held as lessee by him, and any person so using any such vehicle shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

(a) A person or group of persons must not picket in front of or adjacent to any private residence. (b) This Section does not prohibit: (1) a person or group of persons from marching in a residential area without stopping at any particular private residence; or (2) picketing at a particular private residence: (A) when that residence is also used for the occupant’s sole place of business; or (B) during a public meeting. (c) As used in this Section: (1)"Picket" or "picketing" means to post a person or persons at a particular place to convey a message. (2) A "public meeting" is a gathering: (A) announced in advance to the public or a portion of the public; (B) held to discuss a matter; and (C) attended by at least 3 people who do not reside at the residence where the meeting is held. (d) Section 32-17 applies to any violation of this Section.

(a) Findings. (1) Due to its location on the I-95 corridor, low crime rate, and high disposable income, Montgomery County has become a prime location for human trafficking; (2) a significant number of prostitutes working in Montgomery County are victims of human trafficking; and (3) the United States Department of Justice has found strong evidence to support a demand-reduction approach to combatting human trafficking. (b) Definitions. In this Section, the following terms have the meanings indicated: Human trafficking means the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Prostitution means the performance of a sexual act, sexual contact, or vaginal intercourse for hire. Purchase means to offer or agree to pay money or something of value to another person in return for a service. Sexual act has the meaning stated in Md. Criminal Law Art. §3-301, as amended. Sexual contact has the meaning stated in Md. Criminal Law Art. §3-301, as amended. Vaginal intercourse has the meaning stated in Md. Criminal Law Art. §3-301, as amended. (c) Prohibition. A person must not purchase prostitution in the County. (d) Enforcement; penalties. (1) A police officer may issue a civil citation or a criminal citation to a person whom the officer reasonably believes has violated this Section. (2) A violation of this Section is a Class A violation.

(a) This Section establishes the victim advocate program to assist and support victims of crime. (b) The program is administered by: (1) the County Executive; or (2) a nonprofit community-based service agency. (c) If the Executive contracts with a nonprofit community-based service agency, that agency must: (1) have a proven record in client service and advocacy; and (2) be able to work with the business community to obtain goods and services and financial donations.

(a) The victim advocate program provides the following types of aid to a crime victim: (1) referral to community and governmental agencies that provide needed services; (2) assistance in negotiating complex governmental systems; (3) assistance in applying for compensation from the State Criminal Injuries Compensation Board, and in dealing with the Board’s investigation and hearing process; (4) compensation for costs incurred by a victim who meets income limits set by regulation for court appearances, claim hearings, and medical (including mental health) treatment; (5) replacement of property lost as a result of a crime and needed for the well-being of the victim, such as eyeglasses, hearing aids, door, windows, or locks of a victim who meets income limits set by regulation; and (6) other services or financial assistance directly related to the effects of the crime on a victim who meets income limits set by regulation. (b) (1) (a) (4) (a) (5) (a) (6) The victim advocate program may provide compensation to a victim under subsection (a)(4), replacement property under subsection (a)(5), and other financial assistance under subsection (a)(6) only to the extent that: (A) ccompensation, replacement property, and other financial assistance are not available from insurance, the State victim compensation program, the Partnership Fund for victims of hate violence under Section 27-26, or any other source for the same purpose arising from the same criminal incident; (B) the compensation, replacement property, and other financial assistance do not exceed an amount set by regulation; and (C) appropriated funds are available. (2) Regulations may set different limits for compensation, replacement property, or other financial assistance paid to a crime victim in connection with a single criminal incident. (c) A victim must file a claim for compensation under subsection (a)(4) or for replacement of property under subsection (a)(5) within 90 days after the crime is reported. The program administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline. (d) A limit on compensation under this Section applies separately to each victim of a criminal incident. Compensation paid to an individual victim in connection with one criminal incident does not count toward the limit on compensation that the program may pay to the same individual in connection with a separate criminal incident. (e) (1) A member of a victim’s immediate family or household may receive compensation for mental health services (including services provided by the County) related to the crime. "Immediate family" means a parent, child, spouse, or sibling of the victim. The administrator may require reasonable proof that a relationship qualifies under this subsection. (2) Compensation provided under this subsection is subject to the same requirements and limitations as compensation provided to a victim, except that compensation under this subsection must not exceed a percentage of the maximum compensation available (for any purpose) to any victim under regulations referred to in subsection (b). The percentage is: (A) 20 percent, if the member of the family or household meets income limits that apply to a victim; or (B) 10 percent, if an authorized person waives the income limit under subsection (f)(2). (f) The Director of Health and Human Services or the Director’s designee at or above the level of the program administrator may waive the income limits referred to in subsections (a)(4), (5), and (6) and (e)(2): (1) if the Director or designee determines that the costs of the crime are likely to reduce the victim’s income below the income limits in the future; or (2) for up to 10 percent of the maximum compensation (for any purpose) otherwise available to a victim, if the Director or designee determines that a waiver would promote the purposes of the Victim Advocate Program.

The program administrator must: (a) coordinate services available to a victim; (b) follow up on services provided to a victim; (c) solicit goods, services, and financial donations to assist in the replacement or repair of property of a victim damaged as a result of a crime; (d) make the program more effective by keeping program data and identifying additional services; (e) develop and maintain effective coordination and communication with community and government agencies that provide services to crime victims; and (f) provide information to crime victims and the general public about the compensation and services available through the program.

(a) An individual is eligible for compensation or services under this Article if the individual was a victim of a crime committed in Montgomery County that was reported to an appropriate law enforcement agency within 48 hours after the crime occured or was discovered. The program administrator may waive this deadline if the administrator determines that it was difficult or impossible to meet this deadline. (b) A resident of the County who was a victim of a crime committed outside the County is eligible for (1) services under this Article to the extent that appropriate services are available; and (2) compensation or property replacement under subsections 32-25(a)(4), (5) if comparable assistance is not available from the jurisdiction where the crime occurred.

(a) There is a Crime Victim Compensation Fund to compensate victims of crime and provide other financial assistance and services to crime victims. (b) The Fund receives appropriated funds from the County and may receive funds contributed by a private person, other government agency, or any other source. The County should appropriate additional funds to match every $1 of private contributions with $2 of County funds. Unused amounts in the Fund at the end of a fiscal year remain available in the Fund for the next fiscal year unless otherwise appropriated. (c) The program administrator must use funds from the Fund to pay compensation and other financial assistance to victims under this Article, and may use up to 10 percent of the Fund to publicize the Fund and solicit private contributions.

Any person who makes a false claim under this Article: (a) has committed a Class A violation; and (b) must reimburse the Crime Victim Compensation Fund for any payments from the Fund that were based on the false claim.

The County Executive must adopt regulations under method (2) to implement this Article.