Ordinances

Sec. 1-100 How Code Designated and Cited

Sec. 1-200 Definitions and Rules of Construction

Sec. 1-300 Catchlines of Sections, History Notes, Reference

Sec. 1-400 General Penalty; Continuing Violations

Sec. 1-500 Severability

Sec. 2-100 Date

Sec. 2-200 Placement of Names in Nomination for Office

Sec. 2-300 Withdrawal of Nomination

Sec. 2-400 Voluntary Statement by Nominees; Notice to Voters of Annual Meeting and Candidates

Sec. 2-500 Persons Eligible to Vote

Sec. 2-600 Polling Place and Hours; Write-in or Proxy votes

Sec. 2-700 Form of Ballots

Sec. 2-800 Ballot Box

Sec. 2-900 Electioneering in Poll Room

Sec. 2-1000 Spoiled Ballots; Replacement

Sec. 2-1100 Counting of Ballots

Sec. 2-1200 Candidate’s Right to Examine Ballots and Observe Ballot Counting

Sec. 2-1300 Determination of Winning Candidates

Sec. 2-1400 Tie Votes

Sec. 2-1500 Absentee Ballots

Sec. 2-1600 Council Actions and Election Judges

Sec. 3-100 Reserved

Sec. 4-100 Intent and Application

Sec. 4-200 Definitions

Sec. 4-300 Duty to Disclose; Conflicts of Interest; Ex Parte Communications

Sec. 4-400 Disqualifications; Procedures, Complaints; Records

Sec. 4-500 Failure of Quorum; Substitute Appointment Orders and Penalties

Sec. 5-100 Adoption of County Law

Sec. 6-100 Adoption of County Law

Sec. 7-100 Findings and Purpose

Sec. 7-200 Trees Included

Sec. 7-300 Permit Required

Sec. 7-400 Permit Standards

Sec. 7-500 Appeals

Sec. 7-600 Appeals Procedures

Sec. 7-700 Factors Considered On Appeal

Sec. 7-800 Trees in Public Right-of-way

Sec. 7-900 Penalties

Sec. 7-1000 Remedial Action

Sec. 8-100 Restricted Parking During Snowstorms

Sec. 8-200 Restricted Parking Woodbine Street

Sec. 8-300 Obstructions, Excavations or Dumpsters

Sec. 8-400 Obstructing Vegetation

Sec. 8-500 Restricted Parking Leland Court

Sec. 8-600 Restricted Parking Dalkeith Street

Sec. 9-100 County Building Code

Sec. 9-200 Building Permit

Sec. 9-300 Altering Plans; modifications to plans

Sec. 9-400 Deposit

Sec. 9-500 Utility connections

Sec. 9-600 Laying, Stringing, or Suspending Wire

Sec. 9-700 Variances from Requirements of building restrictions

Sec. 9-800 Appeals

Sec. 10-100 Intent

Sec. 10-200 Compliance

Sec. 10-300 Fences Allowed

Sec. 10-400 Permit

Sec. 10-500 Maintenance

Sec. 10-600 Appearance of Exceptions

Sec. 10-700 Appeals

Sec. 10-800 Non-complying Fences

Sec. 10-900 Electronic Dog Fence

Sec. 11-100 Adoption of County Ordinance

Sec. 12-100 Code Enforcement Officer

Sec. 12-200 Job Description

Sec. 1-100 How Code Designated and Cited

Sec. 1-200 Definitions and Rules of Construction

Sec. 1-300 Catchlines of Sections, History Notes, Reference

Sec. 1-400 General Penalty; Continuing Violations

Sec. 1-500 Severability

Sec. 1-100 How Code Designated and Cited

The ordinances in this and the following chapters shall constitute and be designated the “Code of Ordinances of Section 5 of the Village of Chevy Chase, Maryland” and may be so cited.

Sec. 1-200 Definitions and Rules of Construction

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

Council. The term Council means the governing body of Section 5 of the Village of Chevy Chase.

Section 5. Section 5 means Section 5 of the Village of Chevy Chase

Charter. The term “Charter” means the Charter of Incorporation of Section 5 of the Village of Chevy Chase.

Conjunctions. In a provision involving two or more items, conditions, provisions or event, which items, conditions, provisions or events are connected by the conjunction “and,” “or” or “either…or,” the conjunction shall be interpreted as follows:

(1) “And” indicates that all the connected terms, conditions, provisions or events apply.

(2) “or” indicates that the connected terms, conditions, provisions or event apply singly or in any combination.

(3) “Either…or” indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Gender. Words of one gender include the other genders.

The terms “includes” and “including” are terms of enlargement and not of limitation or exclusive enumeration, and the use of the terms does not create a presumption that components not expressed are excluded.

May. The term “may” is to be construed as being permissive and not mandatory.

May not. The term “may not” is to be construed as having a prohibitory effect. The term “may not” states a prohibition.

Municipal corporation. The term “municipal corporation” or “municipality” means Section 5 of the Village of Chevy Chase, Maryland.

Oath. The term “oath” includes an affirmation in all cases where an affirmation may be substituted for an oath. In similar cases, term “sworn” includes the term “affirmed”.

Owner. The term “owner,” as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term “person” means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

Personal property. The term “personal property” means any property other than real property.

Premises. The term “premises,” as applied to real property, includes land and structures.

Property. The term “property” means real and personal property.

Real Property. The term “real property” includes lands, tenements and hereditaments.

Shall. The term “shall” is to be construed as being mandatory.

State. The term “state” means the State of Maryland.

Week. The term “week” means seven consecutive days.

Year. The term “year” means 12 consecutive months.

Sec. 1-300 Catchlines of Sections, History Notes, Reference

(a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such sections, including the catchlines are amended or reenacted

(b) Editor’s notes, history notes, charter references, cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

Sec. 1-400 General Penalty; Continuing Violations

(a) In this section “violation of this Code” means any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or is declared unlawful, an offense, a violation by a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b) In this section “violation of this Code” does not include the failure of a municipal officer or municipal employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a municipal infraction and punished by a fine not exceeding $1000. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations of this Code, each act is a separate offense.

(d) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

Sec. 1-500 Severability

The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and of all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the Council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions.

Sec. 2-100 Date

Sec. 2-200 Placement of Names in Nomination for Office

Sec. 2-300 Withdrawal of Nomination

Sec. 2-400 Voluntary Statement by Nominees; Notice to Voters of Annual Meeting and Candidates

Sec. 2-500 Persons Eligible to Vote

Sec. 2-600 Polling Place and Hours; Write-in or Proxy votes

Sec. 2-700 Form of Ballots

Sec. 2-800 Ballot Box

Sec. 2-900 Electioneering in Poll Room

Sec. 2-1000 Spoiled Ballots; Replacement

Sec. 2-1100 Counting of Ballots

Sec. 2-1200 Candidate’s Right to Examine Ballots and Observe Ballot Counting

Sec. 2-1300 Determination of Winning Candidates

Sec. 2-1400 Tie Votes

Sec. 2-1500 Absentee Ballots

Sec. 2-1600 Council Actions and Election Judges

Sec. 2-100 Date

The election of members to vacant seats on the Village Council shall take place at the Section’s April meeting.

Sec. 2-200 Placement of Names in Nomination for Office

(a) Candidates may have their names placed on the ballot by:

(1) Declaring their intention to seek office; or

(2) Being nominated by an eligible Section voter

(b) In either case, the declaration or nomination must be in writing and submitted to the section manager by the first (1st)day of March. The section manager shall immediately notify any nominee of his/her nomination.

Sec. 2-300 Withdrawal of Nomination

Any person nominated may withdraw from nomination by written notice to the section manager by the tenth (10th) day of March.

Sec. 2-400 Voluntary Statement by Nominees; Notice to Voters of Annual Meeting and Candidates

(a) Each candidate may submit a statement of no more than 200 words as to qualifications and reasons for candidacy. Submission of this statement is voluntary and if submitted, must be received by the section manager on or before March 10th.

(b) At least two (2) weeks prior to the election, the village council shall mail to the voters, a notice of the annual meeting and a list of the candidates who have been nominated or who have declared their candidacy. Included in this mailing will be the statements submitted by the candidates as to qualifications and reasons for seeking office. Such statements and lists of candidates shall be included in alphabetical order of the candidate’s surname.

Sec. 2-500 Persons Eligible to Vote

Each person who on the day of the annual meeting is or will be eighteen (18) years of age or older and is a resident of the Section for not less than six (6) months, and is a registered voter in the State of Maryland, shall be eligible to vote.

Sec. 2-600 Polling Place and Hours; Write-in or Proxy votes

Polling shall take place at the site of the annual meeting between 7:00 p.m. and 9:00 p.m. Only official ballots secured from the election tellers and official absentee ballots will be counted. No write-in votes will be counted and this shall be so stated on each ballot. No proxy voting is permitted.

Sec. 2-700 Form of Ballots

Each ballot shall contain the names of all qualified candidates listed alphabetically by surname and printed so as to give each voter a clear opportunity to designate by a cross (X) mark in a square to the right of the name of each candidate, his/her choice of candidates. At the top of each ballot, in large bold type shall be printed the words “Official Ballot for Section 5 of the Village of Chevy Chase, Maryland.” Each ballot shall be folded. The ballot shall state the number of votes the voter may cast. This number shall be the equivalent of the number of seats subject to election on the Council.

Sec. 2-800 Ballot Box

A suitable ballot box shall be provided by the village council enclosed on all sides, having a slot in the top just large enough to accommodate a ballot without additional folding. The box shall be secured and shall not be opened for any reason whatsoever until the polls are closed.

Sec. 2-900 Electioneering in Poll Room

No person shall be permitted to canvass or electioneer in the poll room.

Sec. 2-1000 Spoiled Ballots; Replacement

Any voter who shall by accident or mistake spoil his/her ballot, on returning said ballot to the official from whom he/she received it, shall receive another in its stead, but no voter shall receive more than three ballots for this reason.

Sec. 2-1100 Counting of Ballots

The actual count of the ballots shall be made immediately after the polls have been closed.

Sec. 2-1200 Candidate’s Right to Examine Ballots and Observe Ballot Counting

Any candidate whose name appears on the ballot or any duly authorized representative of any candidate shall have the right to examine any ballot and to watch the counting of the ballots but in no instance shall a watcher handle any ballot.

Sec. 2-1300 Determination of Winning Candidates

The candidate with the greatest number of votes shall be elected to the first vacant seat on the council, the candidate with the second greatest votes shall be elected to the second vacant seat and so on until all vacancies on the council are filled.

Sec. 2-1400 Tie Votes

If any of the persons voted for shall have an equal number of votes so as to constitute a tie for the vacant seat, and the so tied are unable to agree immediately, by lot or otherwise, as to the means to breaking the tie, the Election Board shall immediately make preparations for another election in which the candidates so tied will be the only candidates. Such election shall be conducted by giving residents an opportunity to vote at a designated time and place to be selected by the Election Board. A run-off election is unnecessary if the two tied candidates have sufficient votes to place them on the Council ahead of any other candidate. Sec. 2-1400 Tie Votes was enacted March 13, 2001.

Sec. 2-1500 Absentee Ballots

(a) Qualified voters who are unable to vote in person on the day of election at the polling place shall be permitted, upon application and approval by the village council, to vote by absentee ballot.

(b) Application for absentee ballot shall be submitted to the section manager signed by the voter and witness in writing.

(c) Upon receipt of an application for absentee ballot and approval by the village council, an absentee ballot and an official envelope shall be mailed or handed to the applicant or his/her representative. A voter having been authorized to vote by

absentee ballot shall not be permitted to vote in person. Each absentee ballot, after being marked by the voter, shall be placed in the official envelope and sealed. The official envelope shall then be sent or delivered to the section manager in another envelope identifying the absentee voter by name and address and marked “ballot” in the lower left hand corner. The envelope must be received by the section manager prior to the closing of the polls in order for the ballot to be counted. The section manager shall remove the official envelope from the outer envelope and deposit the official envelope unopened in the ballot box. Each outer envelope shall be retained by the section manager until all ballots have been counted and verified. Thereafter, they shall be destroyed.

Sec. 2-1600 Council Actions and Election Judges

All actions required by these rules to be taken by the village council shall be taken by those members thereof who are not candidates for election, acting by a majority vote of such members and all disputes arising under these rules or relating to the election shall be resolved by the majority vote of such members. In those years in which there is an even number of members of the council who are not candidates for election, the council will, at the time the period for nomination is closed, appoint a resident of the Section to act as an election judge to consider and decide election issues in which there is a tie vote of these voting members of the village council. Adopted Jan. 10, 1984.

Sec. 3-100 Reserved

Sec. 4-100 Intent and Application

Sec. 4-200 Definitions

Sec. 4-300 Duty to Disclose; Conflicts of Interest; Ex Parte Communications

Sec. 4-400 Disqualifications; Procedures, Complaints; Records

Sec. 4-500 Failure of Quorum; Substitute Appointment Orders and Penalties

Sec. 4-100 Intent and Application

(a) This Chapter is not intended to be consistent with the Maryland Public Ethics Law, Article 40A of the Annotated Code of Maryland, from which Section 5 of the Village of Chevy Chase has been exempted.

(b) This Chapter is intended to provide criteria and informal procedures for determining the presence or absence of conflicts between private interests or relationships and public interests. An affirmative duty to disclose potential conflicts with a public interest, as provided this Chapter, is intended to extend to and include private interests or relationships having an outward appearance of conflict with a public interest. The procedures herein are intended to preserve the privacy interests of persons subject to this Chapter and are intended to encourage voluntary disqualifications in the event of conflicts of interest under the provisions of this Chapter. This Chapter is not intended to require that private interests or relationships disclosed hereunder be made a part of the public record, except in the event of the imposition of any order or penalty under the provisions of Section 4-105 herein.

(c) The provisions of this Chapter shall apply to all officers and employees of Section 5 of the Village of Chevy Chase (“Section 5”), and to the Village Council of Section 5 (the “Council”).

(d) No part of this Chapter shall be construed to prohibit an Official from appearing in the pursuit of his private interests as a citizen; or from accepting or receiving any benefit by operation of law, or prosecuting or pursuing any claim, right, privilege or remedy which is his by operation of law.

Sec. 4-200 Definitions

For the purposes of this Chapter, the following words and phrases shall have the following meanings:

(i) “Council” means the “Village Council” as described in Section 4-101(a).

(ii) “Gift” mans the transfer of any thing or service of value without identifiable and adequate consideration; “gift” does not mean or include any regulated campaign contribution.

(iii) “Private interest or relationship” has the meaning ascribed to it in Section 4-103(b) of this Chapter.

Sec. 4-300 Duty to Disclose; Conflicts of Interest; Ex Parte Communications

(a) Before participating, on behalf of the Village, in any debate or determination which may have a reasonable potential of thereafter affecting a public interest, any Official who is subject to this Chapter shall have an affirmative duty to disclose in writing to the Council the receipt or solicitation of any gift in excess of $50 and the existence of any private interest or relationship either having a reasonable potential of conflict with a public interest or having a reasonable potential of giving the outward appearance of conflict with a public interest.

(b) For the purposes of this Section, it shall be presumed that a “private interest or relationship” includes, without limitation, any existing or prospective interest or relationship of a business, contract, creditor, obligee or employment nature in which an Official or an immediate family member, including spouse, father, mother, brother, sister, or child, has a direct or indirect financial interest and by which such Official or immediate family member has a reasonable potential of profiting or otherwise benefiting financially.

(c) The record of any decision on the merits of any matter in which the Council is required by law to conduct a hearing and to maintain a record thereof, shall include public and private communications made to the Council of any of its members on the matter.

Sec. 4-400 Disqualifications; Procedures, Complaints; Records

(a) After complying with the disclosure requirements of Section 4-103, the Official shall either (i) voluntarily disqualify himself/herself and withdraw from participating in further debates or determinations with respect to the public interest in conflict with the Official’s private interest or relationship or (ii) request that the Council determine the presence or absence of a conflict of interest.

(b) Any person alleging a violation of this Chapter may file a written complaint with the Council. Upon the receipt of such complaint, the Council shall send a written acknowledgement of its receipt and shall notify the Official of the allegation of a conflict with a public interest and shall request the Official to provide to the Council such information and in such form as the Council finds necessary to determine the presence or absence of a conflict of interest. Council may conduct such other investigation as it deems necessary. Upon final resolution of the matters alleged, the Council shall provide a written summary of that resolution to the person having filed a written complaint. In the event that the allegation relates to a Council member, that Member shall be excluded from the Council’s deliberative process during the course of investigation and decision of the allegation of conflict.

(c) Upon being advised by the Council of the presence of a conflict of interest, (i) the Official may voluntarily disqualify himself/herself from the matter involved and so notify the Council or (ii) failing such voluntary disqualification, the Council shall mandate that the Official be disqualified from participating in further debates or determinations with respect to the public interest in conflict with the Official’s private interest or relationship. For the purposes of this Section, The Council may find and adviser an absence of a conflict of interest when the Official’s private interest or relationship is found to be too remote and insubstantial to affect the integrity of the Official’s public actions.

(d) Any Official who voluntarily disqualifies himself/herself shall notify the Council by a written statement of disqualifications and shall therein provide a full description of the public interest subject matters about which the Official has withdrawn from participation in further debate or determination. A voluntary disqualification does not require a disclosure of the specific nature of a private interest or relationship considered to be in conflict; only the public interest object of conflict most be disclosed.

(e) The Council shall notify the Official in writing of all mandated disqualifications and shall therein provide a full description of the public interest subject matters with which the Official has been found in conflict and about which such Official should be disqualified from participation in further debate or determination. The Council shall mandate a disqualification for any Official who fails or refuses to provide the Council with such information as the Council finds necessary to determine the presence or absence of a conflict of interest.

(f) A record of any voluntary or a mandated disqualification shall be maintained in the minutes of the Council meeting at which notification was received.

(g) The Council shall meet in closed session to protect the privacy or reputation of individuals with respect to their private interests or relationships not related to the public business, (i) to discuss the discipline of an Official under the provisions of this Chapter, (ii) to consult with counsel, or (iii) to consult with staff, consultants or other individuals about pending or potential litigation.

(h) Any part of a public record maintained under the provisions of this Chapter shall be privileged and not subject to public inspection to the extent what such record contains any of the following information: (i) information about the finances of an individual, including assets, income, liabilities, net worth, bank balances, financial history or activities or credit worthiness, (ii) any otherwise confidential financial information, (iii) confidential commercial information or (iv) trade secrets. For the purpose of this Section, confidential or secret information shall be such information as is customarily reqarded as confidential in business.

Sec. 4-500 Failure of Quorum; Substitute Appointment Orders and Penalties

If, because of a voluntary or mandatory disqualification under the provisions of this Chapter, less than a quorum of the Council is available to act upon any particular matter, or if a disqualified official is required by law to act or is the only person authorized to act, either (i) the disqualified Official shall be given an opportunity to disclose to the Council the nature and circumstances of the private interest or relationship and may thereafter participate or act, or (ii) failing such voluntary disclosure, the remaining Council member (s) shall constitute a quorum and shall have authority to transact any business to the extent permitted by law, including the substitute appointment of a Council member to act in the place of any disqualified official being required by law or being the only person authorized to act.

Orders and Penalties
(a) The Council may issue a cease and desist order against any person found by the Council to be in violation of this division and may seek enforcement of this order in the circuit court of the County. The court may issue a cease and desist order and may also impose a civil fine of up to $5,000 for any violation of this Section.

(b) An official found by the Council to be in violation of this Section may be subject to disciplinary or other appropriate personnel action, including suspension of municipal salary or other compensation, as ordered by the Council.

Sec. 5-100 Adoption of County Law

The Health and Sanitation Code of Montgomery County, Maryland, and all amendments and regulations adopted pursuant thereto shall be applicable in Section 5 of the Village of Chevy Chase as a County ordinance and as an ordinance of Section 5 and shall be in addition to and not in lieu of specific provisions of this chapter. Nothing in this chapter shall be construed to relieve any person from the requirement of obtaining an appropriate permit from the County or from obtaining approval from any other county or state agency.

The Code Enforcement Officer (See Chapter 12) shall be responsible for enforcing or causing to be enforced this chapter.

Sec. 6-100 Adoption of County Law

The Animal Control Code of Montgomery County, Maryland and all amendments and regulations adopted pursuant thereto shall be applicable in Section 5 of the Village of Chevy Chase as a County ordinance and as an ordinance of Section 5 and shall be in addition to and not in lieu of specific provisions of this chapter. Nothing in this chapter shall be construed to relieve any person from the requirements of obtaining an appropriate permit from the County or from obtaining approval from any other County or State agency.

The Code Enforcement Officer (See Chapter 12) shall be responsible for enforcing or causing to be enforced this chapter.

Sec. 7-100 Findings and Purpose

Sec. 7-200 Trees Included

Sec. 7-300 Permit Required

Sec. 7-400 Permit Standards

Sec. 7-500 Appeals

Sec. 7-600 Appeals Procedures

Sec. 7-700 Factors Considered On Appeal

Sec. 7-800 Trees in Public Right-of-way

Sec. 7-900 Penalties

Sec. 7-1000 Remedial Action

Sec. 7-100 Findings and Purpose

The Village Council finds that it is in the interest of the village and its residents to protect, preserve, and promote the village tree canopy. This tree canopy is part of a larger ecosystem and contributes significantly to air, noise, and visual pollution control. The existence of shade-providing trees moderates climatic extremes and promotes sound energy conservation. The Village urban forest is part of a watershed and therefore, plays an important role in controlling water run-off and supporting the biologic and hydrologic integrity of the area. The tree canopy also has significant aesthetic value, which affects property values and the quality of life of our community. Regulation of actions affecting the tree canopy provides mutual benefits to village residents and property owners.

Sec. 7-200 Trees Included

The chapter (except for Section 7 below) shall apply to trees on private property with trunks that measure at least twenty-four (24) inches in circumference at four and one-half (4 1/2) feet above ground level. If a tree divides into branches at less than four and one-half (4 1/2) feet, the trunk shall be measured immediately beneath the dividing point. This chapter shall also apply to trees, regardless of size, that were planted pursuant to a reforestation contained in a decision granting a permit under Section 3 (b).

Sec. 7-300 Permit Required

(a) No person shall remove or destroy, or cause the removal or destruction, of a tree or undertake any action that will substantially impair the health or growth of a tree without first obtaining a permit from the village manager. No permit shall be required for normal and reasonable trimming or other tree care designed to maintain the health, shape or balance of a tree.

(b) In the case of any building permit application submitted for the purpose of new construction or construction or development on the property that expands the existing footprint of any building or structure, the following procedure shall apply:

(1) The property owner shall submit a Tree Protection Plan for review and approval by the Village before any tree removal and before a building permit will be approved. As part of any approval of the Tree Protection Plan, the Village Manager shall inform the applicant that, the Village requires, at a minimum, the planting of replacement trees on a mandatory basis of one (1) replacement tree for each tree removed.

(2) The Tree Protection Plan shall be a part of, and considered with the building permit application, governed by the procedures for building permit applications, and, if approved, shall be incorporated by reference into the building permit issued for the new construction or development.

Sec. 7-400 Permit Standards

(a) The Village Manager is authorized to issue a permit under Sec 3(a) only if one (1) of the following conditions applies:

(1) The tree is diseased beyond restoration, insect infested beyond restoration, or injured beyond restoration;

(2) The tree is dead or dying, or is in danger of falling;

(3) The tree constitutes a hazard to the safety of persons;

(4) The tree constitutes a hazard and threatens injury to property;

(5) The tree constitutes a hazard and threatens injury to, or would have a negative effect on the health of other trees;

(6) The tree is injurious to or creates a condition injurious to the health of a person,

(7) certified to by a qualified medical practitioner.

(8) A permit may be granted by the Manager for removal of any tree provided that the tree in question would not qualify for preservation under Sec. 7 (g) and provided that it will be replaced by a tree of three inch caliper with similar growth and canopy potential.

(b) If the Village Manager determines that none of the above conditions applies, he/she shall deny the permit. The Manager is authorized to consult with experts concerning any of the above conditions.

Sec. 7-500 Appeals

(a) An applicant who is denied a permit by the Village Manager may appeal the manager’s decision to the Village Council in writing within fourteen (14) days of the Village Manager’s denial of the application for a permit.

(b) The Village Council shall have the authority to permit the removal or destruction of a tree or the undertaking of any action that will substantially impair the health or growth of a tree if, the Council finds that such removal, destruction or other action will not adversely affect the public health, safety or welfare, nor the reasonable use of adjoining properties and can be permitted without substantial impairment of the purpose and intent of this chapter.

Sec. 7-600 Appeals Procedures

(a) Upon the filing of an appeal, the Village Manager shall forthwith transmit to the Council the record pertaining to the appeal. The Village Manager shall give written notice of the hearing on the appeal to the applicant and all abutting property owners. Said notice shall be provided to such persons at least fourteen (14) days prior to the meeting at which the appeal is to be considered. In addition, the property shall be posted with a sign which shall include the case number, nature of the application, and the date, time and place of the hearing. The sign shall be located so as to be readable from the roadway abutting the property and should be placed five (5) feet from the sidewalk, if one exists, or five (5) feet from the curb or the edge of the paved portion of the street if there is no curb. In the case of lots abutting more than one (1) street, a sign shall be posted for each abutting street.

(b) At the hearing, any resident may appear in person or by agent or by attorney. The decision by the Council shall be made within sixty (60) days following the hearing.

(c) In exercising its powers, the Council may affirm the denial of a permit, may direct the Village Manager to issue a permit, or may direct the Manager to issue a permit upon such conditions, terms, or restrictions as the Council may deem necessary consistent with section 4(b) hereof.

(d) The Council shall keep minutes of all appeal hearings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be filed in the office of the Village Manager and shall be public record.

Sec. 7-700 Factors Considered On Appeal

The Village Council shall consider the following factors in deciding whether to approve, disapprove or modify the decision of the manager:

(a) Those specified in section 4 above if relevant to the appeal;

(b) The reasons cited by the applicant for wanting to remove or destroy the tree;

(d) Whether tree clearing is necessary to achieve proposed development, construction or land use otherwise permitted under the Village Code, and the extent to which there is no reasonable alternative;

(e) Whether the applicant proposes reforestation;

(f) Hardship to the applicant if a permit for the requested action is denied;

(g)The desirability of preserving a tree by reason of its age, size or outstanding qualities, including uniqueness, rarity or species specimen;

(h)Such relevant matters as will promote fairness and justice in deciding the particular case.

Sec. 7-800 Trees in Public Right-of-way

No person shall remove or destroy, or cause the removal or destruction of, a tree or undertake any action that will substantially impair the health or growth of a tree of any size of description in the public right-of-way without first obtaining a permit from the Village Manager, whose decision to issue or deny the permit shall be governed by the requirements of state law and relevant village right-of-way agreements.

Sec. 7-900 Penalties

The village may institute injunctive or any other appropriate action or proceedings at law or equity for enforcement of this chapter in any court of competent jurisdiction.

Sec. 7-1000 Remedial Action

(a) Whenever the Village Manager or designee finds that any person is in violation of this chapter or is failing to comply with the terms and conditions of a permit issued pursuant to this chapter, in whole or part, he/she may issue an order to stop the removal of or damage to the tree, unless the Village Manager determines that stopping such work would threaten the public safety.

(b) Continuing work in violation of an order issued pursuant to this Section by the Village Manager or designee shall constitute a misdemeanor, and upon conviction shall be punishable by a fine in the maximum amount permitted by law.

(c) The village may institute injunctive or any other appropriate action or proceedings at law or equity for enforcement of this chapter in any court of competent jurisdiction.

(enacted June 10, 2003)

Sec. 8-100 Restricted Parking During Snowstorms

Sec. 8-200 Restricted Parking Woodbine Street

Sec. 8-300 Obstructions, Excavations or Dumpsters

Sec. 8-400 Obstructing Vegetation

Sec. 8-500 Restricted Parking Leland Court

Sec. 8-600 Restricted Parking Dalkeith Street

Sec. 8-100 Restricted Parking During Snowstorms

It shall be unlawful for any person to park any vehicle on any grass area between the curb or gutter and sidewalk, or to park on any sidewalk. In the event of a snowstorm or icy road conditions, or threat of snow or icy conditions, either day or night, and in the absence of contrary instructions from the village council or its authorized agent, vehicles shall be parked on the even house-numbered side of streets in order to facilitate plowing and sanding operations. Violation of this section shall be punishable by a fine as established by the village council. Vehicles parked in violation of this section may be taken into possession by the town manager or designee and towed to some proper storage place and held until the fine and the towing and storage charges incurred shall have been paid.

*** Annotation - enacted Oct. 5, 1995.

Sec. 8-200 Restricted Parking Woodbine Street

(1) The parking of motor vehicles on Woodbine Street between Connecticut Avenue and Brookville Road is restricted to the south side of Woodbine Street;

(2) The street shall be posted to inform the public of this restriction.

(3) The Police Department of Montgomery County shall be advised of this ordinance and requested to enforce it in the same manner and with the same penalty as Montgomery County parking restrictions on residential streets.

*** Annotation - enacted Sept. 14, 1993

Sec. 8-300 Obstructions, Excavations or Dumpsters

No person shall store or allow an accumulation of refuse, or excavation or construction debris, on any public street or sidewalk. Accumulation of mud or dirt must be removed from the street daily. Dumpsters may not be placed on Section 5 streets or sidewalks.

*** Annotation - enacted March 23, 1999.

Sec. 8-400 Obstructing Vegetation

All hedges, trees, fences, walls, shrubbery or any other growth on private property at any intersection shall be maintained by the landowner or occupant in such a manner and at such height that a clear and unobstructed view is available of approaching traffic, both pedestrian and vehicular.

*** Annotation - enacted Oct. 5, 1995.

Sec. 8-500 Restricted Parking Leland Court

(1) The parking of motor vehicles on Leland Court is restricted to the east side of the street on the portion of Leland Court from Leland Street up to the beginning of the circle.

(2) The street shall be posted to inform the public of this restriction.

*** Annotation - enacted March 23, 1999.

Sec. 8-600 Restricted Parking Dalkeith Street

Whereas it is necessary for the safety, health, life, and general welfare of the inhabitants of Section 5 that parking of motor vehicles not hinder the passage of emergency vehicles and as the Council has determined that no parking on Dalkeith Street between Underwood Street and Thornapple Street is necessary to assure the passage of emergency vehicles, be it enacted that:

(1) The parking of motor vehicles on Dalkeith Street between Underwood Street and Thornapple Street is not allowed;

(2) The street shall be posted to inform the public of this restriction.

*** Annotation - Enacted November 11, 2008.

Sec. 9-100 County Building Code

Sec. 9-200 Building Permit

Sec. 9-300 Altering Plans; modifications to plans

Sec. 9-400 Deposit

Sec. 9-500 Utility connections

Sec. 9-600 Laying, Stringing, or Suspending Wire

Sec. 9-700 Variances from Requirements of building restrictions

Sec. 9-800 Appeals

Sec. 9-100 County Building Code

The Building Code of Montgomery County, Maryland, and all amendments and regulations adopted pursuant thereto shall be applicable in Section 5 of the Village of Chevy Chase as a County ordinance and as an ordinance of Section 5 and shall be in addition to and not in lieu of the specific provisions of this chapter of the building regulations. Nothing in this chapter shall be construed to relieve any person from the requirement of obtaining a building permit from the County Department of Environmental Protection or its successor agencies, or from obtaining approval from any other county or state agency.

The Code Enforcement Officer (See Chapter 12) shall be responsible for enforcing or causing to be enforced this chapter.

Sec. 9-200 Building Permit

(a) It shall be unlawful for any person to perform the following work without having obtained a permit from the Section 5 manager for such work:

1. Erecting or demolishing any structure above ground or in-ground, or to make any material structural alterations or additions to a building during erection, or to make material structural alterations or additions to any occupied, completed or practically completed building.

2. Constructing, rebuilding or re-constructing any off-street parking area.

3. Constructing or replacing (but not re-surfacing or repairing) an existing driveway, driveway apron or curb cut.

4. Excavating, grading yards, installing a sump pump or a new sump pump discharge.

5. Blocking or closing a street or sidewalk in connection with construction activities.

6. Construction or altering a fence or wall. (See Chapter 10.)

(b) All applications for building permits shall be made to the Section 5 manager and be accompanied by plans and specifications of the work contemplated, and the Section 5 manager shall retain and file a copy of same. Applications for building permits must include the following:

1. A copy of the Montgomery County building permit if one is required.

2. A copy of the Section 5 Building Permit Application form along with the appropriate fee and deposit.

3. A copy of the property survey and a plat of the lot with all structures existing and planned clearly indicated.

4. A copy of a full set of County approved plans.

5. For structures over 144 square feet a drawing prepared by a licensed engineer showing the following:
- a) Yard dimensions
  
  b) North point and scale of plan
  
  c) The location of any existing and proposed drainage structure, including any swale, and the general flow of water indicated by arrows, to and from each structure. The applicant must file a drainage plan with current and proposed topographic contours for any construction (including a driveway) that would impact an existing drainage condition or increase any impervious surface.

(c) Building permits will not be granted for any residential building, addition or renovation or accessory structure, sump pump, new sump pump discharge or driveway unless the property owner can show that the resulting run-off will not adversely affect any adjacent property, public sidewalk or street.

(d) The building permit application for any proposed construction or renovation of any driveway shall demonstrate maximum permeability (80–100%), provide for adequate means of retaining water on site, or that drainage would not adversely affect any adjacent property or public sidewalk or street. Storm water retention by means of open bodies of water, such as temporary ponds, is not permitted.

(e) If it is desired to tear up the streets, pavements, gutters, sidewalks, parkings, or other public works, or property, or to seriously obstruct same without any building operations being involved, a deposit, application and permit, all as outlined in this section, shall be required, and the return of the deposit or unexpended balance thereof shall be made in the manner described in this section. If the application is approved by the Section manager, a permit shall issue

(f) When the plans and specifications are approved by Section 5 manager, they shall be signed by the Section 5 manager and the building inspector and a permit shall issue therefore.

(g) If the plans and specifications are not approved they may, together with the application and reasons for requesting a reconsideration, be referred by the applicant to the Council for final action.

(h) Work on buildings or alterations or additions must be commenced within six (6) months after the issuance of a permit. If all work on the project has ceased for thirty (30) days, the permit may be revoked.

(i) Fees

The fees to be paid for a permit shall be as follows:

(1) For a permit issued for residential construction under 500 sq. ft. including accessory buildings, porches, pools, $250. For a permit issued for residential construction over 500 sq. ft. on an existing dwelling and new house construction, $500.00.

(2) For a permit issued for demolition of an existing residential dwelling, $250. All fees shall be payable to Section 5 of the Village of Chevy Chase.

Sec. 9-300 Altering Plans; modifications to plans

It shall be unlawful for any person to erase, modify or alter any plans or specifications after they have been submitted and a permit issued thereon. If during the progress of the work it is desired to deviate materially from the approved plans and specifications, notice of such intention shall be given in writing to the Section 5 manager and his/her written approval thereof and assent thereto shall be obtained before such deviation or alteration is made. It shall be unlawful for any person or persons to proceed with any dwelling, building or alteration or addition, except in accordance with the plans and specifications approved thereof, or in accordance with deviations or alterations approved by the Section 5 manager.

Sec. 9-400 Deposit

(a) A deposit is required for certain construction projects in order to cover the cost of any damage to streets, pavements, gutters, sidewalks, or other public works, or the cost of removal of any obstruction or obstructions thereon.;

(b) The deposit will be returned to the person, firm or corporation depositing same when the building, additions, or alterations are completed and when the street, sidewalks, pavements, gutters, or other public works shall have been restored to a condition equal to that existing before being disturbed, or when the obstruction or obstructions have been satisfactorily removed, all to the satisfaction of the Section 5 manager and within the time set forth in the permit. Otherwise, the amount deposited will be used to defray the expense of the work involved as may be directed by the Section 5 manager and the unexpended balance being returned to the party or parties having deposited same;

(c) Any person intending to undertake residential construction under 500 sq. ft. including accessory buildings, porches, or pools, for which a permit is required shall make a deposit in cash or by certified check payable to Section 5 of the Village of Chevy Chase of $1,000.00;

(d) Any person intending to undertake residential construction over 500 sq. ft. on an existing dwelling for which a permit is required shall make a deposit in cash or by certified check payable to Section 5 of the Village of Chevy Chase of $2,000.00;

(e) Any person intending to tear down an existing dwelling and construct a new house for which a permit is required shall make a deposit in cash or or by certified check payable to Section 5 of the Village of Chevy Chase of $5,000.00;

(f) Any person intending to tear up the streets, pavements, gutters, sidewalks, parkings, or other public works, or property, or to seriously obstruct same without any building operations being involved for which a deposit is required shall make a deposit in cash or by certified check payable to Section 5 of the Village of Chevy Chase of $500.00.

Sec. 9-500 Utility connections

In case any person, firm or corporation desires to make connections with the water, sewer, or gas systems, a written application to the manager shall be submitted with the application for a building permit, if building is involved, and separately if building work is not involved. The consent of the Section 5 manager shall be obtained in conjunction with the permit. If such water, sewer, or gas system is the property of a private party or public or private corporation, the written consent of such private party or corporation granting permission for such connection shall be obtained and filed with the building inspector when application is made for a building permit.

Sec. 9-600 Laying, Stringing, or Suspending Wire

Any person, firm or corporation desiring to string, lay, hang, suspend or in any manner place wires of any kind on, over, or under the public highways or streets within the jurisdiction of these regulations shall submit a written application to the Section 5 manager. If such application is approved, a permit will issue without charge and such permit shall contain a provision for saving Section 5 harmless from loss or damage.

Sec. 9-700 Variances from Requirements of building restrictions

(a) Authority of Council. (1) Where it is impossible or impractical or would cause peculiar or unusual practical difficulties or undue hardship upon the owner of such property to conform fully to this chapter, the Council may consider such a variance from the provisions of this chapter, as may be reasonably necessary to grant relief; provided that the variance:

A. May not be detrimental to the use and enjoyment of adjoining or neighboring properties;

B. Is the minimum reasonably necessary to overcome the exceptional condition;

C. Can be granted without substantial impairment to the intent, purpose and integrity of the general plan or any duly adopted and approved master plan affecting the subject property in the village.

(2) The Council also has the authority to hear and decide appeals arising from the granting or denial of a building permit or any allegation that there is an error in any requirement, determination or decision by the building inspector or Section manager in the administration or enforcement of this Section.

(b) Procedure for granting variances under subsection (a)(1) or hearing an appeal under subsection (a)(2). The procedure for applying for and obtaining a variance or obtaining a hearing for an appeal shall be as follows:

(1) Application for variance. Application for a variance may be made by any applicant who has been denied a building permit for non-conformance with the requirements of this Chapter, or by any applicant seeking a deviation from these requirements. The application and accompanying maps, plans or other information shall be submitted to the Section manager, who shall place the matter on the Council meeting agenda and announce a public hearing thereon which shall be held at a regular monthly or special meeting of the Council.
- A. Supporting data. Each application shall be accompanied by the following:
  - a. Surveys, plats, or other accurate drawings showing boundaries, dimensions, area, topography and frontage of the property involved, as well as the location and dimensions of all structures existing and proposed to be erected, and the distances of the structures from the nearest lot lines.
    
    b. Plans, architectural drawings, photographs, elevations, and specifications depicting fully the exterior appearance of the existing and that of the proposed construction involved in the application. Other detailed information may be provided as may be necessary for the Council to fully understand the need for a variance.
    
    c. If the applicant is not the owner of the property involved, the lease, rental agreement or contract to purchase by which the applicant’s legal right to prosecute the application is clearly presented and established.
    
    d. All additional exhibits which the applicant intends to introduce. A summary of what the applicant expects to prove, including the names of applicant’s witnesses, summaries of the testimonies of expert witnesses, and the estimated time for presentation of the applicant’s case.
(2) Appeal Procedure. Any person aggrieved by a decision or action of the Section manager or building inspector arising from the granting or denial of a building permit may file an appeal to the Council. Such appeal shall be filed within (30) days after issuance of the decision or notice of action by the Section manager or building inspector. The Section manager shall transmit to the Council all documents and papers pertaining to the appeal which shall constitute the record on appeal.

(3) Procedures. The Section manager shall place the matter on the Council meeting agenda and announce a public hearing thereon which shall be held at a regular monthly or special meeting of the Council. The Section manager shall give written notice of such hearing to the parties in interest and hand delivered to the abutting property owners at least ten (10) days prior to the meeting of the Council at which such application is to be heard. The Section manager shall mail notice via USPS to Section residents at least ten (10) days prior to such Council meeting.

(c) Public hearings on applications. The Council shall hold a public hearing on all applications for the grant of a variance and all appeals from requirements, determinations and decisions by the Section manager or building inspector. For the conduct of any such review hearing, a quorum shall be no fewer than three (3) members of the Council and in all instances an affirmative vote of three (3) members of the Council shall be required to overrule any decision, ruling or determination of the Council inspector or Section manager or to approve any variance, provided that nothing in this section shall be construed to relieve any person from the requirements of obtaining a building permit, special permit or variance as the required by the County. At the hearing, any party may appear in person by agent or by attorney.

(d) Conditions. In granting a variance, the Council may require such conditions as in its judgment, secure substantially the objectives of the requirements so modified and protect the public interest. In exercising its powers, the Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the building inspector or Section manager as it deems appropriate.

(e) Record of Decision. The decision of the Council shall be in writing and signed. Any decision shall be the date the Council approves its written decision. The secretary of the Council shall keep minutes of all review hearings, showing the vote of each member, including whether the member was absent or declined to vote. These minutes and the Council’s decision shall be filed in Section 5’s office and shall be a public record.

(f) Extension for variances. The Council may extend any time limit imposed as a condition of a variance upon a reasonable showing that there has been no material change in circumstance since the variance was granted and, despite due diligence by the permittee, additional time is necessary to accomplish the approved construction.

Sec. 9-800 Appeals

Any party aggrieved by the decision of the Council under Section 9-700 of this Chapter may appeal within thirty (30) days to the Montgomery County Circuit Court and thereafter to the appellate courts of Maryland within the time and manner prescribed within the Maryland Rules of Procedure relating to the judicial review of administrative agency decisions. The time for appeals shall begin to run from the date of the written decision of approval or denial or from the date the application for variance was denied for want of the necessary total of affirmative votes.

Sec. 10-100 Intent

Sec. 10-200 Compliance

Sec. 10-300 Fences Allowed

Sec. 10-400 Permit

Sec. 10-500 Maintenance

Sec. 10-600 Appearance of Exceptions

Sec. 10-700 Appeals

Sec. 10-800 Non-complying Fences

Sec. 10-900 Electronic Dog Fence

Sec. 10-100 Intent

The intent of this article is to provide for the establishment and maintenance of substantial open space around structures for generous light, air, convenience of access, safety from fire and the enhancement of property values. Owners and occupants are encouraged to maintain their lawns, trees, shrubs and flowers, to achieve desired lot definition and privacy and to avoid the division of open areas by artificial means such as the use of fences. (Rev. 1989)

Sec. 10-200 Compliance

No fence or wall, other than a retaining wall shall be constructed except as provided in this article.

Sec. 10-300 Fences Allowed

The following fences may be constructed provided that they are in compliance with this article:

(1) A fence required under swimming pool or tennis court ordinances, which is part of an approved swimming pool or tennis court site plan.

(2) A natural wooden fence, not over six feet high, designed to provide privacy, a chain link fence without barbs, or decorative iron fence not in excess of four feet in height, a brick or stone wall not in excess of four feet in height, provided a building permit is obtained from the Building Inspector and such structure or fence is not located to front of the front foundation line of the house and is constructed with a finished side showing to the adjoining property or street. The height of the fence shall be measured from ground level at its natural slope.

(3) A fence required of business or industry for screening purposes.

(4) One (1) Pet Enclosure not in excess of 100 square feet. Such enclosure shall be in the rear yard and not closer than 10 feet to the lot line.

(5) A fence situated on a corner lot where the resident can show the fence is necessary for the reasonable use of the property. This fence may not exceed four (4) feet in height and must be set back three (3) feet from the edge of the public sidewalk or edge of the public land closest to the property. The owner must install suitable camouflage such as shrubs in this 3 foot setback not to exceed the height of the fence.

(6) Individuals residing on property fronting on a state highway may apply for an exception from the restriction of fences to the front of the front foundation line of the house. Such requests must show a necessity for the requested exception and be approved by the Council. In the event the Council decides to grant an exception under this provision or under paragraph (5) of Sec. 10-300, Sec. 10-600 (Appearance of Exceptions) shall apply.

Sec. 10-400 Permit

No person shall erect, construct, alter, replace or enlarge a fence or wall without obtaining a permit from the building inspector. Every application for a fence or wall shall be accompanied by a site plan. The permit fee shall be $100.00; however, no fee shall be required for repairs to fix, mend, replace, or restore an existing, inkind fence or wall if less than 50% of the existing fence or wall is replaced. The applicant shall also provide notice of the application to abutting property owners by delivery of a copy of the application to them. The building inspector shall approve applications for permits where they are consistent with the provisions of this article. Applications seeking a permit under the provisions of Section 10-300(5) shall be presented to the Council by the inspector.

Sec. 10-500 Maintenance

In order to protect the residents of Section 5, fences shall be kept and maintained in good, sound and presentable condition at all times. Fences not so maintained shall be removed upon order of the Building Inspector. The order shall provide 20 days minimum for such removal. Such orders shall be appealable to the Council.

Sec. 10-600 Appearance of Exceptions

Any fence permitted under (3), (5), (6) of Sec. 10-300 shall:

(1) Be constructed with a finished side showing to the adjoining property or street;

(2) Be of such construction type and material, and use suitable camouflage such as shrubs, as to promote harmony with the principal and neighboring structures;

(3) Promote vehicular, pedestrian, and general safety; and

(4) Be consistent with legislative purpose of this ordinance

Sec. 10-700 Appeals

Any applicant aggrieved by a decision of the Building Inspector with respect to a fence application may appeal that decision to the Council. Appeals must be received by the Chairman within 14 days after the applicant receives notice of the Inspector’s decision. The appeal shall contain the reasons why the Council should reverse the decision of the Inspector. Upon receipt of the appeal, it will be distributed to the Council and thereafter the Council may assign one of its members to investigate and seek to resolve the matter or schedule the matter for consideration at a regular Council meeting or both.

Sec. 10-800 Non-complying Fences

Any condition existing prior to November 1989, the date of enactment of the Section 5 fence ordinance, that is in violation of this section, may continue to exist. This exception shall not apply if more that fifty (50) percent of the fence is to be repaired

Sec. 10-900 Electronic Dog Fence

(1) Purpose: The Council of Section 5 seeks to protect pedestrians from the fear created when dogs that do not appear to be under any control, are able to come to the edge of the owner’s property and appear to be about to lunge at pedestrians. This situation can be avoided by requiring a set back from the sidewalk of electronic dog fences.

(2) Definition: An electronic dog fence or electronic collar is defined as a fence or collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the wire that will trigger the shock.

(3) Residents must obtain a permit to install an electronic dog fence.

(4) No Section 5 permit shall be granted for an electronic dog fence on residential property that is less than three (3) feet from the edge of the public sidewalk.

(5) All owners, keepers or harborers who use an electronic fence shall post their property to indicate to the public that a dog is confined to property by an electronic fence or electronic collar.

*** Annotation - Chapter 10 Enacted Aug. 30, 1988; revised Nov. 1989; revised 1996; revised May 2003; revised Nov. 29, 2004; revised March 13, 2007; revised Nov. 11, 2008; revised May 29, 2009.

Sec. 11-100 Adoption of County Ordinance

The Noise Control Ordinance of Montgomery County, Maryland, and all amendments and regulations adopted pursuant thereto shall be applicable in Section 5 of the Village of Chevy Chase as a County ordinance and as an ordinance of Section 5 and shall be in addition to and not in lieu of specific provisions of this chapter. Nothing in this chapter shall be construed to relieve any person from the requirement of obtaining an appropriate permit from the County or from obtaining approval from any other County or State agency.

The Code Enforcement Officer (See Chapter 12) shall be responsible for enforcing or causing to be enforced this chapter.

Sec. 12-100 Code Enforcement Officer

Sec. 12-200 Job Description

Sec. 12-100 Code Enforcement Officer

The Council may appoint a Code Enforcement Officer who shall serve at the pleasure of the Council.

Sec. 12-200 Job Description

(a) The Code Enforcement Officer shall report to the Section manager and shall be responsible for enforcing or causing to be enforced the Building, Animal Control, Health and Sanitation, Noise Control, Fence and Tree Regulations and such other regulations of Section 5 as the Council may direct.

(b) The Code Enforcement Officer may examine or cause to be examined, as often and at such reasonable times as the Code Enforcement Officer deems necessary, all buildings and sites as may be necessary to insure compliance with the regulations and ordinances of Section 5.

(c) The Code Enforcement Officer may with the approval of the manager consult with experienced builders, architects, health and safety experts, and such other experts as may be necessary to the proper execution of his duties.

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