Regulations
Regulations for the Welfare and Government of Section Five of the Village of Chevy Chase, Maryland
REGULATIONS
for the
Welfare and Government of Sec-
tion Five of the Village
of Chevy Chase, MD.
With Act of Maryland Legislature
Relating Thereto
Act of The Maryland Legislature Providing
for Incorporation and Government of
Section Five, of the Village of Chevy
Chase, Maryland, as a Special
Taxing Area.
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Senate Bill No. 334
CHAPTER 434
A BILL ENTITLED
AN ACT to create a special taxing area or district and to
be known as Section 5 of the Village of Chevy Chase,
Montgomery County, Maryland, for the incorporation,
election and succession of a Citizens' Committee who
shall appoint a Secretary-Treasurer and other necessary
officers; also directing the Board of County Com-
missioners of Montgomery County, Maryland, to pay over to
the Secretary-Treasurer of said Citizens' Committee for
disbursement for improving, maintaining and repairing
county roads, streets and lanes, the money collected on
account of the county road tax in the same amount and
manner as is now required by law to be paid to
incorporated towns in said county; also empowering the
said Citizens' Committee, subject to the approval of the
said Board of County Commissioners, to assess the cost of
certain special improvements against the property
abutting on streets, lanes and sidewalks for certain
improvements; the collection of such assessment and
disbursement thereof for the benefit of the residents of
said part of said village; also to authorize said
Citizens' Committee, subject to the approval of said
Board of County Commissioners, to adopt regulations with
respect to garbage, sanitation, erection of buildings,
tearing up of streets, speed regulations, care of
property, removal of snow and ice, and other police and
health regulations; to provide penalties for the
violation thereof and the manner of enforcing same; also
authorize said Citizens' Committee to borrow money and
otherwise contract indebtedness and obligate said part of
said village in amounts not exceeding ten per cent. of
the assessed valuation of the real property within said
part of said village; also constituting said Section 5 in
corporation for such purposes and authorizing said
Citizens' Committee to act therefor.
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Section 1. Be it enacted by the General Assembly of
Maryland, That for the purpose of this Act, Section 5 of
the Village of Chevy Chase, of Montgomery Count, Mary-
land, as hereinafter described, shall constitute a special
tax area or district, and shall be deemed and taken to
comprise certain parcels of land, namely:
Beginning at a point in the center line of Connecticut
Avenue, 4O feet due west of the northwest corner of Lot 10,
Block 6, re-subdivision of Section 3, Chevy Chase, Mary-
land, as per plat of Re-Subdivision of Section 3, recorded
among the Land records of said Montgomery County; thence
due east 40 feet to the said northwest corner of said Lot
10, Block 6, Re-Subdivision of Section 3; thence in an
easterly direction along the northern line of said Lot 10
and said line prolonged to a planted stone, said stone
being the southwest corner of a certain sub-division
formerly known as Otterbourne, and recorded among the Land
Records of said Montgomery County ; thence easterly along
the said southern boundary line of the said Otterbourne
sub-division and the prolongation thereof to its
intersection with the eastern line of the Tennallytown and
Brookville Road ; thence in a southerly direction along
the eastern line of said Road to the northern line of
Meadow Brook Street (now known as Taylor Street) ; thence
in an easterly direction with said northern line of said
Meadow Brook Street to its intersection with the eastern
boundary line of the property of Frank H. Shultz ; thence
northerly with the eastern line of the said Frank
H. Shultz' property and the prolongation thereof to the
southern line of the property of Miss S. L. Campbell ;
thence easterly and northerly following the southern and
eastern lines of the property of Miss S. L. Campbell, the
eastern line of the property of Horace E. Troth, Jr., the
eastern line of the property of W. C. Downey to the
southern line of the property of the late Leonard P.
Bradshaw ; thence easterly and northerly with the southern
and eastern lines of the property of the said late Leonard
P. Bradshaw to the northeast corner thereof ; thence
westerly with the northern line of said property of said
late Leonard P. Bradshaw to the eastern line of the
Tennallytown and Brookville Road ; thence with the eastern
line of said Road in a northerly direction to a point where
intersected by a prolongation in an easterly direction of
the northern line of what is known as the Williams Tract, a
parcel of land formerly belonging to the late John M. C.
Williams ; thence in a westerly direction along said
northern line of the Williams Tract and the prolongation
thereof to the center line of Connecticut Avenue ; thence
south along said center line of Connecticut Avenue to the
place of beginning.
Section 2. And be it further enacted, That the Board of
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County Commissioners of Montgomery County are authorized,
empowered and directed to levy and cause to be collected
from the property owners, at the time of the County Tax
Levy for the year 1922, or any succeeding year, within said
described area of Chevy Chase as named or created in this
Act, such amounts, not exceeding fifty (50) cents on each
one hundred (100) dollars of the assessed valuation of all
assessable property in the said described area of the
village of Chevy Chase, Montgomery County, as may be
requested by a majority vote of the resident real estate
owner's of legal age in such area present at a meeting
called for such purpose by the Citizens' Committee
hereinafter provided for, notice of which meeting Shall
have been mailed to all such residents at least two weeks
in advance of the meeting. Such taxes shall be collected
as all county taxes are collected, and shall be paid over
by the Board of County Commissioners to the Treasurer of
said Citizens' Committee of said Section 5 of Chevy Chase,
to be selected from among their number by a majority of the
members of said Citizens' Committee, or by their successors
to be selected as herein provided. Upon said Treasurer
having been duly selected by such Committee and having
given bond to said Board of County Commissioners to be
approved by the Judge of the Circuit Court for Montgomery
County, in a penal sum to be fixed by said Judge,
conditioned upon the faithful discharge of the duties of
the said Treasurer, the said Board of County Commissioners
shall also order and have paid over to said Treasurer the
proportion of the County road tax to be levied and
collected in the same manner as though said part of said
village of Chevy Chase were an incorporated town, and said
part of said village Of Chevy Chase shall for that purpose
be considered by said Board Of County Commissioners as an
incorporated town of said County ; and said proportion of
the county road tax received by the Treasurer of Section 5,
Chevy Chase, shall be used by said Chevy Chase Citizens'
Committee exclusively for maintaining and repairing the
county roads, streets and lanes that may have been
dedicated to the public or to Montgomery County, and
whether accepted by said County or not ; all other funds to
be used by the said Citizens' Committee directly, or
through said Committee, exclusively, for opening,
maintaining, repairing and lighting the streets, roads and
alleys ; for building, maintaining and repairing sidewalks;
for maintaining parking and drainage; for sanitation, and
for other village maintenance and improvements; for
clerical and other public services; for furnishing police
and fire protection; for the removal of snow, ashes,
garbage and other refuse, and disposal thereof; for the
employment of a building inspector to enforce the
requirements of all deeds of conveyance for properties
situated in said
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village; for enforcing such building, sanitary and other
regulations as said Citizens' Committee, subject to the
approval of the Board of County Commissioners, may
prescribe for said Section, or for any part of said Section
thereof.
Section 3. And be it further enacted, That from and
after the passage of this Act until the first Tuesday in
April, 1923, the said Chevy Chase Citizens' Committee of
Section 5 shall be constituted as follows : Matthew
T. Moomaw, Frank Simpson, Ralph Daskam, Frank H. Shultz and
Handley D. Dale, and the first named shall, until
otherwise directed by said Committee, be and constitute the
Chairman thereof, each of whom shall qualify as such
Committeeman by taking an oath before any officer in
Montgomery County authorized by law to administer oaths, to
diligently and faithfully discharge all duties of the
Office. In case any such persons shall fail to qualify
within sixty days after the passage of this Act, or any of
their successors shall fail to qualify within sixty days
after his election as Committeeman, as hereinafter
provided, or in case of any vacancy through death,
resignation, or otherwise, the remaining Committeemen shall
fill such vacancy by the appointment of a resident owner
of real property of legal age in said Section 5 of said
village, who shall hold office for such term or unexpired
term.
On the first Tuesday in April, 1923, two members of the
said Citizens' Committee shall be elected to serve for one
year, and three members to serve for two years. On the
first Tuesday in April, 1924, and on the first Tuesday in
April of each following year an election shall be held at
which Committeemen shall be elected for two years to suc-
ceed those whose terms expire, and at which Committeemen
shall be elected to fill any vacancies which may exist, but
the Committeemen so elected to fill such vacancies shall
serve for the remainder of the unexpired term only. The
election shall be by ballot in a manner to be prescribed by
said Citizens' Committee. Only residents of legal age of
said Section 5, who shall have resided therein for not less
than six months next preceding said election, shall be en-
titled to vote for or hold the office of Committeeman. Fol-
lowing each election each newly elected member of said Cit-
izens' Committee shall qualify by taking an oath before any
officer in said Montgomery County authorized by law to
administer oaths to diligently and faithfully discharge all
duties of the office. Said Committee shall select from
their members a Chairman, Secretary-Treasurer, and any
other officers they may deem necessary.
Section 4. And be it further enacted, That said Chevy
Chase Citizens' Committee of said Section 5 is empowered to
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grade, pave, macadamize, or otherwise improve any existing
dedicated street, road or lane, or any county road, street
or lane which has been or which may be acquired and opened
for public use but which is ungraded, unpaved, or
unimproved, and to lay sidewalks and curbs thereon ;
provided that said Citizens' Committee, subject to the
approval of the Board of County Commissioners, and after
due publication thereof, shall have power to assess the
cost of said grading, paving, macadamizing, or improving
against the property abutting on said street, road, lane or
sidewalk, in proportion to the frontage of said abutting
property on the same. Any tax so assessed as above
provided in this Section shall be payable to the County
Treasurer in not more than six annual installments, as
nearly equal as may be, the first installment thereof to
become due and payable the first day of July next
succeeding the making of such special assessment, as herein
elsewhere provided, and to be collected as County taxes in
said County are collected, and shall be subject to interest
from the first of the following September until paid at the
rate of six per cent. per annum. Each installment of said
assessment shall become a lien against said abutting
property, and any such installment not paid by the first
day of January following its becoming due shall be subject
to the same penalties and shall be collected in the same
manner as provided for the collection of unpaid county
taxes in said County. And all money so received by said
County Treasurer shall, upon order of the said Board of
County Commissioners, be paid over to the said Treasurer of
said Section 5 of said village of Chevy Chase, and said
Citizens' Committee of said Section 5 shall become charged
with the duties pave, grade, macadamize, or otherwise
improve said streets, roads, lanes, and sidewalks within
said village ; provided that before any contract for work
shall be entered into, or any obligation with respect
thereto incurred, notice shall be given to the owners and
others of record interested in said abutting property and
an opportunity to be heard given, such hearing to be had
before the said Citizens' Committee of said Section 5, who
shall decide the matters properly before them. Any party
affected by the final decision of said Citizens' Committee,
made after such hearing, shall have the right to appeal
therefrom within ten days to the Circuit Court of
Montgomery County ; and provided, further, that upon the
petition of two thirds of the resident real property owners
residing upon any streets, roads, or lanes to be graded,
paved, macadamized, or otherwise to be improved under the
provisions of this section, requesting the grading, paving,
macadamizing or improving of any such streets, roads, or
lanes, it shall be the duty of the said Citizens' Committee
to make the assessment against the abutting property owners
to provide the funds
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for the necessary work or construction to be done in
accordance with the provisions herein above provided ; and
pro vided, further, that Connecticut Avenue shall, for all
purposes of repair, improvement, grading, or paving, be
considered as two streets, lying parallel to one another on
either side of the center line of said Avenue.
Section 5. And be it further enacted, That said Chevy
Chase Citizens' Committee of said Section 5 Shall not ex-
pend for material or work a sum exceeding five hundred
(500) dollars without having first advertised the
specifications therefore and invited bids for the same,
after which said Committee may purchase such material or
make contract for such work, or have such work done by
employed labor, or otherwise, as it may deem best ; and
provided, further, that said Committee may make contracts,
after due advertisement, for lighting said Section 5 of
said village for periods of five years, but no longer
period at a time ; and provided, further, that no member of
said Citizens' Committee shall furnish any supplies of any
kind or contract in any manner with said Citizens'
Committee.
Section 6. And be it further enacted, That the said
Citizens' Committee of said Section 5, subject to the
approval of the said Board of County Commissioners, may
adopt such regulations with respect to dumping of garbage,
sanitation, erection of buildings, tearing up of streets,
speed regulations, care of property, removal of snow and
ice, or other police or health regulations, and to provide
penalties for the violation thereof, as said Committee may
deem proper, which regulations shall be enforced by or
through said Committee. Such penalties shall be
recoverable before a magistrate or justice of the peace of
Montgomery County, Md., for the use of said Citizens'
Committee; provided, however, that if, after due notice,
any regulation requiring the removal of unsightly weeds or
debris from or the abatement of any nuisance upon any
property within said Section 5, is not complied with by the
owner of the property in a reasonable time, the said
Citizens' Committee shall have the authority to have said
work done at a reasonable price and to assess the cost
thereof against the property of the delinquent party, the
same to become a lien against said property and to be
collected in the same manner as the county taxes are
collected and turned over to the Treasurer of the said
Citizen's Committee of said Section 5.
Section 7. And be it further enacted, That, for the pur-
pose of making improvements provided for in Section 4 of
this Act or for making improvements from time to time other
than maintenance and repairs, the Said Citizens' Com-
mittee are hereby authorized and empowered to borrow money
and otherwise contract indebtedness and obligate
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said Section 5 in amounts not exceeding in total at any
time ten percent. of the assessed valuation of all property
within said Section 5, and for these purposes said section
5 shall be and is hereby constituted a corporation, and the
said Citizens' Committee of said Section 5 are empowered to
act for said corporation without in any way being held
individually or personally liable in connection therewith.
Section 8. And be it further enacted, That the Treasurer
of said Citizens' Committee of said Section 5 of the said
Village of Chevy Chase shall deposit all funds coming into
his hands, as such in accordance with the requirements of
law for the deposit of County funds by the County Treas-
urer, or in such other bank as may be approved by the
Citizens' Committee of said Section 5 ; provided that the
Treasurer of said Citizens' Committee shall not dispose of
any of the funds coming into his hands as such Treasurer
except upon check duly signed by him as such Treasurer and
countersigned by the Chairman, or some member of the said
committee acting as Chairman pro tem. in his absence ; such
acting Chairman shall be duly authorized to act by
resolution of said Committee, which must first be placed
upon the minutes of the Committee to be provided therefor.
Section 9. And be it further enacted, That Chapter 189
of the Acts of the General Assembly of Maryland of 1918,
creating said Section 5 of Chevy Chase, Maryland, a special
taxing area, be and the same is hereby repealed.
Sealed with the Great Seal and presented to the Governor,
for his approval this thirteenth day of April, 1922.
E. R. CROTHERS,
Secretary.
Approved : April 13, 1922.
ALBERT E. RITCHIE,
Governor.
WILLIAM I. NORRIS,
President of the Senate.
JOHN G. L. LEE,
Speaker of the House of Delegates.
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REGULATIONS
for the
Welfare and Government of Section Five
of the
Village of Chevy Chase, Md.
PREAMBLE
In pursuance of the provisions of an act of the Maryland
Legislature, approved by the Governor, April 13, 1922 ; The
Chevy Chase Citizens' Committee of Section Five provided
for in said act, having received the approval of the County
Commissioner's therefor, does hereby set forth and estab-
lish the following Rules and Regulations for the welfare
and government of Section 5 of the Village of Chevy Chase,
Maryland, and certain provisions necessary thereto, and it
shall be incumbent upon any and all residents of the said
Section of Chevy Chase, Maryland, and upon any and all
persons who may be in, or about, or passing through the
said section of the said village, to abide by and be
subject to the aforesaid Rules and Regulations, and
Provisions.
LIMITS OF JURISDICTION
To the intent that the limits of the jurisdiction may be
known wherein and throughout which the said Regulations
shall be in effect, the boundaries of Section 5 of the
village of Chevy Chase, Montgomery County, Maryland, as
outlined in the act of the Maryland Legislature, approved
April 13, 1922, are hereby set forth ; (See Act).
HEALTH OFFICER
Under the authority vested in it by the Legislature of
the State of Maryland, the aforesaid Citizens' Committee of
Section Five will select and appoint a regular practicing
physician as the Health Officer for the above mentioned
jurisdiction, whose duty it shall be to enforce, or cause
to be enforced and observed, all ordinances for the
preservation of the public health, as herein set forth or
as may be approved, and the maintenance of sanitary
conditions within said jurisdiction.
He shall have power to establish and maintain quarantine
wherever and whenever in his judgement the public health
demands it, and to cause such house or houses or other
buildings or places where any contagious disease may have
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occurrred or been present, or may be suspected in this re-
spect, to be fumigated or disinfected, whenever, in his
judgment, the same shall be necessary.
The Committee will announce its appointee to the posi-
tion of Health Officer by notice to the residents.
The Health Officer shall be appointed for a term of two
years. Except in cases of emergency, he shall not contract
any indebtedness for which the Citizens' Committee shall be
liable, without previous authority from said Committee.
BUILDING INSPECTOR
Under the authority vested in it by the Legislature of
the State of Maryland, the Citizens' Committee of Section
Five will select and appoint a Building Inspector for the
above mentioned jurisdiction, whose duty it shall be to
enforce or cause to be enforced and observed, the
requirements of all deeds or conveyances of properties
situated within said jurisdiction, and such building or
other regulations as are herein set forth or as may be
adopted and approved. He Shall have power to examine or
cause to be examined any and all buildings, additions or
alterations, as often, and at such time as he shall deem
necessary during the course of erection, alteration, or
repair, and to order or cause to be ordered any change or
changes in the construction as he shall deem necessary to
insure strength and solidity, and safety from fire in
accordance with Section 22 of these regulations, and as may
be necessary to insure compliance with health regulations
and ordinances.
He Shall also have power to consult with experienced
builders and architects regarding any plans and specifica-
tions that may be submitted to him in connection with ap-
plications for permits for the construction of, alteration
or addition to, any building or buildings.
He shall be required to report to the Citizens' Committee
of Section Five at its regular meetings each month all per-
mits issued during the preceding month, and submit a de-
tailed statement regarding the location of the proposed
building, buildings, alterations, or additions, and the
extent of the work involved in each case, together with
plans and specifications where necessary.
The Committee will announce its appointee to the posi-
tion of Building Inspector by notice to the residents.
The Building Inspector shall be appointed for a term of
two years. He shall not contract any indebtedness for
which the Citizens' Committee shall be liable, without pre-
vious authority from said Committee.
RULES AND REGULATIONS
(a) Public Service and Police Regulations
Section 1. It shall be unlawful for any person or
persons to disturb the public peace by the discharge of
firearms ; by
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the throwing of stones or other missiles in streets, vacant
lots, or public places ; by drunken, lewd or riotous
conduct, noise, whooping, profanity, or vulgar language ;
by disorderly conduct, or unlawful congregations ; or by
the commission of any nuisance in any manner whatsoever ;
and any person or persons guilty of any of the foregoing
shall be subject to arrest and punishment as provided for
in Section 33 herein.
Section 2. It shall be unlawful for any person or per-
sons to molest or disturb any congregation engaged in any
religious services or exercises or proceedings in any
church or place of public worship, or to molest or disturb
any public meeting or gathering of any kind whatsoever,
which may be lawfully congregated for any social,
political, or public purpose ; and any person or persons
guilty of any of the foregoing shall be subject to arrest
and punishment as provided for in section 33 herein.
Section 3. It shall be unlawful for any person or
persons to engage in hunting with firearms ; or to sell or
give to any minor under 16 years of age any firearm,
gunpowder or other explosives, or loaded cartridges ; and
any person or persons guilty of the foregoing shall be
subject to arrest and punishment as provided for in Section
33 herein.
Section 4. It shall be unlawful for any vagrant, tramp,
beggar, person or persons of evil life or fame, or any idle
or disorderly person or persons to lie, recline, loiter or
congregate in or about any street, avenue, parking, road,
vacant lot or public place or building, or to be found in
or upon or around any private building or buildings, or
property ; and any person or persons guilty of any of the
foregoing shall be subject to arrest and punishment as
provided for in Section 33 herein.
Section 5. It shall be unlawful for any person or
persons to obstruct or resist the Health Officer or
Building Inspector in the discharge of their respective
duties ; and any person or persons so offending shall be
subject to arrest and punishment as provided for under
Section 33 herein.
Section 6. It shall be unlawful for any person or
persons to drive or propel, or cause to be driven or
propelled, any automobile, horseless or motor vehicle,
bicycle, or horsedrawn vehicle upon any street, avenue,
parking, road or highway at a greater speed than that
provided for in the Motor Vehicle Law enacted by the
Legislature of the State of Maryland ; and any person or
persons so offending shall be subject to arrest and
punishment as provided for under section 33 herein.
Section 7. It shall be unlawful for any vehicle to be
propelled, driven or ridden by any person or persons, or
for any
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animal to be ridden on any street, avenue, road or highway
in violation of the rules of the Road contained in the
Motor Vehicle Law of the State of Maryland, and any person
or persons so offending shall be subject to arrest and
punishment as provided under Section 32 herein.
Section 8. It shall be unlawful for any person or
persons to ring, or cause to be rung, or interfere with any
bell or gong used or designated for the purpose of a fire
alarm, except in cases of fire ; or to tamper or interfere
with any bell, signal or device used or designated for
police service ; and any person or persons guilty thereof
shall be subject to arrest and punishment as provided for
in Section 32 herein.
Section 9. It shall be unlawful for any person or
persons to throw, cast, deposit, scatter, drop, or leave in
or upon any street, parking, parkway, avenue, road or
highway, or upon any vacant lot, or unoccupied property any
dirt, ashes, sawdust, shavings, hay, straw, offal,
vegetable matter, garbage, trees, brush, paper or refuse
matter of any kind whatsoever, except that deposited for
public collection as provided for by public notice of the
Committee ; or in locations approved by said Committee ;
and any person or persons guilty thereof shall be subject
to the expense necessary to remove said matter, as well as
to arrest and punishment as provided for in Section 33
herein.
Section 10. It shall be unlawful for any person or per-
sons to maliciously remove, or deface, or purposely injure
any signboard, fence, hedge, gate railing, porch, building
or other structure, public or private, by writing, cutting,
burning, or in any other manner whatsoever ; or to break,
injure, or destroy any tree shrubbery, or flowers upon the
parkings, reservations, streets or highways, or private
property ; or to break, injure, or tamper with any street
light or wiring and posts therefore, light globe or fire
plug ; or for any unauthorized person to put out any street
light or to interfere with same in any manner; and any
person or persons guilty of the foregoing shall be subject
to arrest and punishment as provided for in Section 33
herein.
Section 11. It shall be unlawful for any person or per-
sons to keep or harbor swine, cows, cattle or goats, or
cause the same to be kept or harbored ; or for any person
or persons to permit any fowl to run at large ; and any
person or persons guilty thereof shall be subject to arrest
and punishment as provided for in Section 33 herein.
Section 12. It shall be unlawful for any person or per-
sons to kill, trap, maim, or destroy, or take or pursue
with intent to kill, trap, maim, or destroy, or take by any
device or contrivance or means whatsoever, any song bird or
other harmless bird ; and any person or persons guilty
thereof
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shall be subject to arrest and punishment as provided for
in Section 33 herein.
Section 13. Whenever it shall be made to appear to the
Chevy Chase Citizens' Committee of Section 5 that there is
good reason to believe that any dog or dogs within the
limits of the jurisdiction of said Section Five of the Vil-
lage of Chevy Chase, Maryland, as defined by these regula-
tions, are mad or likely to be mad, it shall be the duty of
the said Citizens' Committee to issue a proclamation re-
quiring that all dogs shall for a period to be defined in
the proclamation, wear good substantial muzzles, securely
put on, so as to prevent them from biting or snapping ; any
dog going at large during the period defined by the said
Citizens' Committee without such a muzzle shall be taken by
the poundmaster and impounded as provided for by any and
all general or local laws in force and effect in Montgomery
County, Maryland, and any owner of such dog to run at large
without such muzzle, in violation of the provisions of this
section, shall be subject to arrest and punishment by a
fine not to exceed Twenty-five ($25.00) Dollars, or im-
prisonment in the jail of Montgomery County, Maryland ; for
not exceeding Ten (10) days.
Section 14. If any owner or possessor of a fierce or
dangerous dog shall permit the same to go at large in
Section Five of the Village of Chevy Chase, as defined by
these regulations, knowing said dog to fierce or dangerous,
to the danger or annoyance of the inhabitants of said
Village, he shall, upon conviction thereof, be punished by
a fine not exceeding Twenty-five ($25.00) Dollars, or
imprisonment in the jail of Montgomery County, Maryland,
for not to exceed Thirty (30) days, or both, in the
discretion of the Court before whom the case is tried ;
that if any such animal shall attack or bite any person,
the owner or possessor thereof, shall, on conviction, be
punished by a fine not exceeding Fifty ($50.00) Dollars, or
imprisonment as aforesaid, and in addition to such
imprisonment the court before whom the said case is tried
shall adjudge and order that such animal be forthwith
delivered to the poundmaster and said poundmaster is hereby
authorized and directed to impound and dispose of such dog
as provided for by any and all general or local laws in
force and effect in Montgomery County, Maryland.
Section 15. If any owner or possessor of a female dog
shall permit her to go at large in Section Five of the Vil-
lage of Chevy Chase, as defined by these regulations, while
in heat, such owner or possessor of such female dog shall,
upon conviction thereof, be punished by a fine not exceed-
ing Twenty-five ($25.00) Dollars, or imprisonment in the
jail of Montgomery County, Maryland, for not to exceed Ten
(10) Days.
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Section 16. It shall be unlawful for private hedges to
be trimmed or maintained so as to project beyond the
nearest side-walk line along any street or thoroughfare.
No barbed wire fence or enclosure shall be erected or
maintained on any portion of any property of said section.
No fence shall be erected fronting any street without
first obtaining a permit from the Building Inspector, for
which permit no fee shall be charged.
Where any of the aforementioned conditions shall be found
to exist, the Committee will notify the owner or agent of
such property to remove such fence or hedge, or to trim the
hedge, as may be required, within five (5) days of such
notification.
In the event of failure to comply with the order of the
Committee, the removal or trimming of the fence or hedge
involved shall be undertaken by the Citizens' Committee of
Section Five and the cost of the work and any damages
resulting therefrom shall be charged against the property
and collected as a tax in manner similar to other taxes.
Section 17. It shall be unlawful for the owner or owners
of any vacant lot or lots of ground, or agents thereof, to
allow overgrowth of underbrush, weeds, briers or other
objectionable growth thereon, or to permit any soil or
vegetation to extend on or over the sidewalk. Where such
conditions shall be found to exist the Committee will
notify the owner or agent of such property to remove the
overgrowth in question from said lot or lots or sidewalks
within ten (10) days from receipt of notification. In the
event of failure to comply with the order of the Committee,
the removal of such overgrowth shall be undertaken by the
Citizens' committee of Section Five and the cost of the
work and any damages resulting therefrom shall be charged
against the property and collected as a tax in a manner
similar to other taxes.
(b) Health Regulations
Section 18. It shall be unlawful for any person or per-
sons to cast or throw, discharge or cause to flow into any
of the streets, avenues, parkways, or on any unoccupied or
vacant lot any foul or nauseous liquid or liquids, or other
offensive matter of any kind whatsoever; to allow
accumulations of any animal or vegetable matter, solid or
liquid, or of stagnant water; or to permit the growth of
rank vegetation dangerous or hurtful to the neighborhood or
likely to become so upon their property or properties; to
allow anything to exist or to permit a condition to arise
from which odors or exhalations offensive to the residents
or dangerous to the public health shall be given off; or to
perform or cause to be performed any act liable to endanger
the public life or health, or to render the air, food,
water, or other drink unwholesome or unfit for use of man
or
14
beast; and any person or persons guilty of any of the fore-
going shall be subject to arrest and punishment as provided
for in Section 33 herein.
(c) Building Regulations
Section 19. It shall be unlawful for any person or per-
sons to erect any building, or to make any material altera-
tions or additions thereto, or to make any alterations or
additions to any existing building except under the
building restrictions which are or may be incorporated in
deeds of conveyance within the jurisdiction of these
regulations.
All houses upon the premises shall be built and used for
residence purposes exclusively, except stables, carriage
houses, sheds or other outbuildings, for use in connection
with such residences, and that no trade, business, manufac-
ture or sales, or nuisance of any kind shall be carried on
or permitted upon said premises.
No structure of any description shall be erected within
such distance of the front line of said premises as may be
shown on the plats recorded in the land records of Mont-
gomery County for the territory embraced in this section
and or included in deeds of conveyance within the jurisdic-
tion of these regulations, and that no stable, garage, shed
or outbuilding shall be erected except on the rear of said
premises, except a garage which may be made a part of the
dwelling.
In the case of corner lots any and all lines bordering
upon a street, avenue, or parkway, shall be considered a
front line.
Any house erected on said premises shall be designed for
the occupancy of a single family, and no part of any house
or of any structure appurtenant thereto shall be erected or
maintained within five (5) feet of the side lines of prem-
ises, nor within ten (10) feet of the nearest adjacent
house.
Any person or persons violating these restrictions shall
be subject to arrest and punishment as provided for in Sec-
tion 32 herein, as well as to the provisions of Section 34
herein.
Section 20. It shall be unlawful for any person or per-
sons to erect any building, or to make any material struc-
tural alterations or additions to a building during
erection, or to make any material structural alterations or
additions to any occupied, completed or practically
completed building within the jurisdiction of these
regulations without having obtained a permit from the
Building Inspector for carrying out such work; and any
person or persons guilty thereof shall be subject to arrest
and punishment as provided for in Section 32 herein, as
well as to the provision of Section 34.
Section 21. All applications for building permits shall
15
be made to the Building Inspector and be accompanied by
plans and specifications of the work contemplated, and said
Building Inspector shall retain and file a copy of same.
The plans and specifications for new construction shall be
accompanied by a survey and a plat of the lot with the
location and plan of the building or buildings indicated
thereon. When said plans and specifications are approved
by the Building Inspector they shall be so stamped and
signed by him and a permit shall issue therefor. If the
said 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
Citizens' Committee of Section Five for final action.
Work on buildings or alterations or additions must be
commenced within six (6) months after the issuance of any
permit.
Section 22. The fee for each and every permit issued for
the erection of any dwelling under these regulations shall
be five dollars ($5.00) ; and for each and every permit is-
sued for any building other than a dwelling or for altera-
tions or additions to any building shall be two dollars
($2.00) ; and the fee for all permits required by these
regulations and not herein or elsewhere set forth shall be
two dollars ($2.00). All fees shall be payable to the
Treasurer of the Chevy Chase Citizens' Committee of Section
Five.
Section 23. No permit shall issue for the construction
of any dwelling the erection of which violate restrictive
building covenants binding the property, nor shall any
permit issue for the construction of any dwelling the rear
of which shall face upon any public highway, street, or
avenue, except where the lot cannot be otherwise utilized.
Section 24. It shall be unlawful for any person or per-
sons to erase, modify or alter any plans or specifications
after they have been submitted and a permit issued there-
on. If during the progress of the work it is desired to
deviate materially from the approved plans and specifica-
tions, notice of such intention shall be given in writing
to the Building Inspector and his 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 therefor, or in accordance with
deviations or alterations approved by the Building
Inspector. Any person or persons violating the
restrictions of this Section shall be subject to arrest and
punishment as provided for in Section 32 herein.
Section 25. No dwelling shall be erected except on foun-
dation walls of brick, stone or other incombustible
material,
16
and all chimneys shall be built from the ground or on
foundation or basement walls up through the building to a
point at least 18 inches above that part of the building
from which it protrudes. Said chimneys shall have walls at
least four (4) inches in thickness and shall be lined with
terra cotta, thoroughly parged or filled.
No woodwork of any kind shall be built into the wall of a
chimney.
Section 26. If after examination any structure or build-
ing, or part thereof, within the jurisdiction of these
regulations shall be deemed dangerous to the public, the
Building Inspector shall serve notice upon the owner or
agent of said property, or upon the occupants thereof where
the immediate vacation of said structure or building or any
part thereof is necessary. This notice shall be in writing
and shall be served by the Building Inspector upon the
owner, agent, or other parties interested therein and re-
sponsible therefor, or by mailing such notice to the said
owner, when he may be non-resident with no resident agent,
setting forth in detail the necessary repairs to remedy the
dangerous conditions of said building or part of building.
If the said owner, agent, or parties interested or
responsible shall refuse or neglect to make such building
or part thereof safe and secure or to remove the same
within such time as said Building Inspector may direct,
then said owner, agent, or parties interested or
responsible shall be liable to arrest and punishment as
provided for under Section 31 herein, as well as to the
provisions of Section 34 herein.
Section 27. All persons, firms or corporations intending
to undertake any work for which a permit is required,
either public or private, within the area affected by these
regulations are required to make a deposit in cash or by
certified check payable to the Treasurer of Section Five of
at least Fifty ($50.00) Dollars, 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. This deposit will be required to be
made before permits shall issue. It shall further be
required that said person or persons, firms or
corporations, shall make written application to the
Building Inspector for a permit authorizing any excavation
or excavations or other work liable to disturb streets,
pavement, gutters, sidewalks, parkings, or other public
works or property, or to cause any obstructions to be
placed thereon, such application being accompanied by a
statement as to the reasons therefor and the purpose, mode,
and character of the proposed excavation or obstruction and
the length of time it shall continue; If the application is
approved by the Building Inspector a permit in the premises
shall issue. The aforesaid deposit of Fifty ($50.00)
dollars will be returned to the person or per-
17
sons, firm or corporation depositing same when the build-
ing, 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 Building Inspector 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 Building Inspector, the unexpended
balance being returned to the party or parties having
deposited same.
In case 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 above, will be required, and
the return of deposit or unexpended balance thereof shall
be made in the manner described in the foregoing.
Section 28. In case any person or persons, firm or cor-
poration desire to make connections with the water, sewer,
or gas systems a written application therefor shall be sub-
mitted with the application for a building permit, if
building is involved, and separately if building work is
not involved, and the written consent of the Building
Inspector shall be obtained in conjunction with the permit;
or 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
building permit. Any person or persons who shall violate
any of these restrictions or requirements shall be subject
to arrest and punishment as provided for under Section 32
herein.
Section 29. It shall be unlawful for any person or per-
sons to leave any obstruction or excavation on the sidewalk
or street, avenue, road or parkway, after sunset and before
sunrise without having such obstruction or excavation de-
noted by at least one red light placed in such a manner as
to show the extent of such obstruction or excavation. And
it shall be unlawful for any person or persons to permit
any vehicle to be on any sidewalk, street, avenue, road or
parkway between the hours of sunset and sunrise without the
lights required by the Motor Vehicle Law of the State of
Maryland. Any person or persons guilty of the foregoing
shall be subject to arrest and punishment as provided for
under Section 31 herein.
Section 30. Any person or persons, firm or corporation
18
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 therefor to
the Citizens' Committee of Section Five, and if such
application is approved the Building Inspector will be
directed to issue a permit without charge in accordance
with the requirements of said applications, and such permit
shall contain a contract provision for saving the Citizens'
Committee harmless from loss or damage. Any person or
persons violating the provisions of this Section shall be
subject to arrest and punishment as provided under Section
31 herein, as well as to the provision of Section 34.
(d) Penalties and Punishments
Section 31. Any person or persons guilty of violating
any of the restrictions in or provisions of sections 26, 29
and 30 of these regulations shall, upon conviction, be
subject to a fine not to exceed one hundred dollars
($100.00) or imprisonment in the jail of Montgomery County,
Maryland, not to exceed ninety (90) days, or both, in the
discretion of the court before whom the case is tried.
Section 32. Any person or persons guilty of violating
any of the restrictions in or provisions of Section 6, 7,
8, 19, 20, 24, 27 and 28 of these Regulations shall, upon
conviction, be subject to a fine not to exceed fifty
dollars ($50.00), or imprisonment in the jail of Montgomery
County, Maryland, not to exceed sixty (60) days, or both in
the discretion of the Court before whom the case is tried.
Section 33. Any person or persons guilty of violating
any of the restrictions in or provisions of Sections 1, 2,
3, 4, 5, 9, 10, 11, 12 and 18 of these regulations shall,
upon conviction, be subject to a fine not to exceed
twenty-five dollars ($25.00), or imprisonment in the jail
of Montgomery County, Maryland, not to exceed thirty (30)
days, or both in the discretion of the Court before whom
the case is tried.
Section 34. Any person or persons violating or failing
to comply with the building regulations in whole or in part
shall make or cause to be made such alterations or removals
of work commenced or finished as may be necessary to remedy
a condition which violates the regulations and if such
remedy is not completed within one month from the date of
notification of violating, unless the Citizens' Committee
of Section Five by a carried motion permits a longer time,
the Citizens' Committee may by contract or otherwise remove
or demolish such structure or parts thereof which infringe
upon these regulations and the cost of such work and the
damages resulting therefrom shall be charged against the
property and collected as a tax in a manner
19
similar to other taxes.
Section 35. Wherever the words "person" or "persons"
occur in these Rules and Regulations they shall be
construed as including firms or corporations.
Addendum: Fences.
(1) Legislative Purpose. The "Section 5 Concept" is to
establish and maintain 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.
(2) Prohibition. No fence or wall, other than a
retaining wall, shall be constructed in Section 5, except
as hereinafter provided.
(3) Exceptions. The following fences may be constructed
provided that they are in compliance with subsections (4),
(5) and (6).
(a). A fence required under swimming pool or tennis
court ordinances, which is part of an approved swimming
pool or tennis court site plan.
(b). A natural wooden fence, not over six feet high,
designed to provide privacy, a chain link fence without
barbs, a 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 in front of the front foundation line of the house.
The height of the fence shall be measured from ground level
at its natural slope.
(c). A fence required of business or industry for
screening purposes under other sections of the Municipal
Code.
(d). 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.
(e). A fence situated on a corner lot where the
resident can show the fence is necessary for the reasonable
use of the property.
(4) Appearance of Exceptions. Any fence permitted under
subsection (3) shall:
(a). be constructed with the finished side showing to
the adjoining property or street;
20
(b). be of such construction type and material, and use
suitable camouflage such as shrubs, as to promote harmony
with the principal and neighboring structures;
(c). promote vehicular, pedestrian, and general safety;
and
(d). be consistent with the legislative purpose of this
ordinance.
(5) Permit Required. 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 shall be accompanied by a site plan. 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 Section. Applications seeking a permit
under the provisions of Section 3(e) shall be presented to
the Council by the Inspector.
(6) Maintenance. In order to protect the residents of
Sections 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.
(7) 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.
Part II. All ordinances or parts of ordinances
contravening the provisions of this ordinance are hereby
repealed.
Part III. This ordinance shall take effect and be in
force from and after its passage and publication.
21
Office of the Board of County Commissioners
for Montgomery County, Maryland.
Ordered this 22nd day of May, 1923 that the regulations
for the welfare and government of Section Five of the
Village of Chevy Chase, as submitted above by the Chevy
Chase Citizens' Committee of Section Five be and the same
are hereby approved.
State of Maryland, Montgomery County, to-wit:
I, Berry E. Clark, Clerk to the County Commissioners for
Montgomery County, do hereby certify that the aforegoing
order is a true and correct copy of an order passed by the
County Commissioners for Montgomery County, this 22nd day
Of May, 1923.
BERRY E. CLARK,
Clerk to the County Commissioners
for Montgomery County, Maryland.
(SEAL)
Commissioners for Montgomery County,
State of Maryland.
