# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 41. Recreation and Recreation Facilities. ### Article II. Commercial Campgrounds. #### Division 1. Generally. **Sec. 41-7. Definitions.** As used in this Article: Camper means a person who registers his party for the occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite. Camper unit means a tent or camping vehicle temporarily located on a campsite. Campground means a lot, tract or parcel of land upon which 2 or more campsites are located, established or maintained and occupied by camping units for children or adults or both. For the purposes of this Article, "campground" shall also mean "recreational campground of a commercial nature." Campsite means a plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper. Department means the Department of Health and Human Services. Director means the Director of the Department of Health and Human Services or the Director's designee. #### Division 2. Licenses. **Sec. 41-8. Required.** It shall be unlawful for any person to maintain or operate within the limits of the county any campground unless such person shall first obtain a license therefor. **Sec. 41-9. Investigation and inspection.** The director shall make all investigations reasonably necessary to the enforcement of this article, and the director, his agents and other authorized county agents shall have the authority to enter and inspect, for the purposes of enforcing this article, at all reasonable times, those premises where a license is required by this article, or which are operating under a license, or where a license has been suspended or revoked. **Sec. 41-10. Fees.** The annual license fee for each campground shall be three dollars ($3.00) for each campsite; provided, that the maximum license fee for one (1) campground shall not be more than four hundred fifty dollars ($450.00); and provided further that the county executive may from time to time, by written regulation, increase or diminish the license fee to an amount not to exceed the cost of licensing, inspections, administration and enforcement of this article. **Sec. 41-11. Application and issuance generally.** Applications for a campground license shall be filed with and the license shall be issued by the director upon review and final acceptance thereof. Applications shall be in writing signed by the applicant and shall contain the following: (a) The name and address of the applicant. (b) The location and legal description of the campground. (c) A complete plan, to include topography, roads, drainage, sites and utilities, of the campground showing compliance with section 41-18. (d) Plans and specifications of all buildings and other improvements constructed or to be constructed within the campground. (e) Such further information as may be necessary for the director to enable him to determine if the campground complies with legal requirements. The application and all accompanying plans and specifications shall be filed in triplicate. The director shall investigate the applicant and inspect the proposed plans and specifications. If they satisfy the terms of this article, the applicant will be granted approval to proceed with construction. If the applicant and campground are found to be qualified under the standards of this article, the department shall, upon completion of the campground according to the plans, or approval of an existing campground, issue the license. At the discretion of the director, applicants for renewal licenses need furnish only as much of the above information as necessary to determine compliance with this article or other laws. **Sec. 41-12. Approval and certificates prerequisite to issuance.** No license provided for in this division shall be issued by the department until the following approval and certificates have first been filed with the department: (a) Approval by the department that campsites, the premises and all buildings and fixtures in the campground are in compliance with the applicable building, electrical and plumbing codes, other applicable regulations and this article. (b) A certificate from the fire marshal for the county that campsites, the premises and all buildings and fixtures in the campground are in compliance with the Fire Prevention Code and this article. (c) A certificate from the director that campsites, premises and all buildings and fixtures and appurtenances in the campground are in compliance with the standards and regulations of the county and state board of heath and this article. Renewal of the license shall be automatic upon receipt of the application, unless any department or agency has filed an objection within fifteen (15) days because of violation of this article. **Sec. 41-13. Denial, suspension or revocation-Generally.** The director, subject to appeal as provided in section 41-16, may deny, revoke or suspend any license issued under this division upon a finding that, for any sufficient reason, including activities of the owner, operator or employees of the campground or of the occupants of the campsites, a campground licensed hereunder or for which a license application has been made constitutes a detriment, is injurious to or is against the interests of the public health, safety, morals or welfare. In making such a finding, the director shall consider, but not by way of limitation, the following: (a) Good moral, reputable and responsible character of the licensee, operator or employees, including their police and penal history, license history and general personal history. (b) Compliance with this article and with all applicable state and county laws, rules and regulations, including health standards, safety regulations, fire regulations, building, plumbing and electrical codes. (c) Occurrence, or repeated occurrences, on the premises by the owner, licensee or operator, or his knowingly permitting or suffering to be permitted by any employees or occupants, without report and corrective action, occurrence of any offenses involving crimes of violence, sex offenses, prostitution or solicitation, drunkenness, or violation of gaming, alcoholic beverage or narcotic drug laws, contributing to delinquency of minors, disorderly conduct and similar or other offenses or offenses which constitute a public nuisance. **Sec. 41-14. Same-Notice and hearing.** Before denying, revoking or suspending any license, the director shall give notice to the applicant or licensee specifying therein the specific violations or reasons for the proposed action, which notice shall direct the applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended, or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the director may deny, suspend or revoke the license. All orders or notices by the director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application, or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises. **Sec. 41-15. Same-Summary action.** The attendant or caretaker shall be answerable, with the licensee or owner, for the violation of any provisions of this article to which the licensee or owner is subject. (a) When the operation of any campground is so inimical to the public health, safety and general welfare as to constitute a present public nuisance or immediate danger and thus to give rise to an emergency, the director shall have the authority to order summarily the immediate cessation of the violation and immediate corrective action. Upon failure to comply, the license may be revoked or suspended without other prior notice to hearing. (b) Unless waived in writing by the licensee, within ten (10) days after he has acted summarily, the director shall conduct a special hearing for such action in respect to the summary order as may therein be determined. Notice of such hearing shall be given the affected person in the manner described in section 41-14. **Sec. 41-16. Same-Appeal.** Any person aggrieved by any decision or action of the director under this division shall have the right to appeal to the board of appeals by filing a written application within ten (10) days following the effective date of the action or decision complained of in such form as the board may prescribe, and the board, within thirty (30) days from the filing thereof, shall hold a public hearing, and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the director. **Sec. 41-17. Posting.** The license certificate issued under this division shall be conspicuously posted in the office of or on the premises of the campground at all times. #### Division 3. Standards. **Sec. 41-18. Physical standards.** (a) The campground shall be located on a well-drained site, not adjacent to swamps or marshes, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Each campsite shall be well-drained and laid out in such manner as to provide sufficient open and graded space for the accommodation of camping units. (b) Each campsite shall provide a minimum of nine hundred (900) square feet of space and, if vehicles are permitted on the campsite, shall provide additional parking space for an automobile in a manner as not to interfere with the convenient and safe movement of traffic. (c) All campsites which accommodate vehicles shall abut upon a driveway of not less than twenty-five (25) feet in width which shall have direct access to a public highway, street, road or other public right-of-way; provided, that where one-way traffic is designated a road fifteen (15) feet in width shall be permitted, and that where an entrance gate to the campground is erected, an attendant shall be on duty at all times to allow the entrance of emergency vehicles. All service roads shall be constructed in such fashion as to permit convenient and safe movement of traffic. Service roads and parking areas shall be composed of suitable material to provide stability and all weather access. (d) Each campground shall provide service buildings to house those toilet and other fixtures required in section 43H030601, regulations governing camps of the state board of health and mental hygiene, which regulations are herewith made part of this article. Service buildings shall be located not closer than fifty (50) feet nor farther than fifteen hundred (1,500) feet from any campsite and may be permanently constructed; provided, that there shall be toilet and handwashing facilities no farther than six hundred (600) feet from any campsite. (e) The campground shall comply with the zoning ordinance, chapter 59 of this Code. (f) In addition to the water supply and sewage disposal requirements contained in sections 43H0307 and 43H0308 of the aforementioned state regulations, each campground, which admits travel trailers, shall provide facilities for filling trailer water tanks and for discharging sewage wastes from trailer holding tanks into the campground sewage disposal system. (g) Each campground shall be equipped, at all times, with one (1) fire extinguisher in good working order for every fifteen (15) campsites. The length of travel from any campsite to the nearest extinguisher shall not exceed two hundred (200) feet. (h) Where fireplaces are provided, they shall be surrounded by a clear zone of ten (10) feet in all directions. (i) Campsites may be equipped with temporary platforms constructed only by the owner. Permanent or semi-permanent huts or other living room additions to camping units shall not be permitted. **Sec. 41-19. Standards of operation.** (a) Each campsite may accommodate one (1) or more camping units occupied by persons belonging to the same party in charge of an individual camper. (b) Residence at any campsite in a particular campground by the same person or persons shall not be permitted for more than fifteen (15) days in any thirty-day period. (c) Only camping units as defined in section 41-6 shall be permitted on campsites. (d) Campfires and open fire cooking operations may only be established within a clear zone extending ten (10) feet in all directions. (e) Each licensee shall keep a register of all campers and occupants including the following information: (1) Campsite number. (2) Name and address of each occupant. (3) Dates of arrival and of departure of each camper. (4) License number, state of license, make, year and model of automobile. (5) Registration number, state of registration and ownership of towed camping vehicles, if any. Each licensee shall keep the register available for inspection at all times by law enforcement officers or other officials of the county whose duties require access to the information contained in the register. Registers shall not be destroyed for a period of three (3) years following the date of registration. (f) The campground shall be supervised by the owner, licensee or duly authorized attendant, and there shall be on the premises at all times a responsible person who can take emergency action. (g) The licensee shall keep the campground, its facilities and equipment in good repair and in clean and orderly condition.