Title 24 DCMR — PUBLIC SPACE AND SAFETY

24-1 OCCUPATION AND USE OF PUBLIC SPACE

24 DCMR § 100 GENERAL PROVISIONS

100.1 Occupation of public space beyond the extent permitted by existing law or regulation, or as those laws or regulations may be amended from time to time, is hereby forbidden. The Mayor, however, may authorize the issuance of a permit for a use of public space directly connected with and subordinate to another use of that space which is specifically permitted by some other law or regulation, if the Mayor, on the recommendation of the Public Space Committee, finds that the proposed additional use will not adversely affect the public interest or violate any of the following criteria:

(a) The proposed additional use will not endanger the public;

(b) The proposed additional use will not substantially interfere with pedestrian or vehicular traffic; and

(c) The proposed additional use will not increase the area of public space that the applicant for the permit is authorized to use by other law or regulation.

100.2 The customary and necessary use of additional space by the occupants of abutting property to handle goods in transit is permitted during business hours only. This permissible use shall not be construed to authorize an occupation of public space for storage purposes or for crating or uncrating, boxing or unboxing, or packing or unpacking goods and materials being shipped or received.

100.3 For purposes of this title, the term "Mayor" shall include the Mayor's agent, designee, or representative, including the government official designated by law, regulation, or order to perform any act or to exercise any power granted under this chapter.

100.4 The Mayor shall have the right to revoke any permit given in accordance with the provisions of this title. If a permit is revoked, the person who held that permit shall, on notice from the Mayor, restore the sidewalk or parking as nearly as possible to its original condition, if it has been disturbed.

100.5 In addition to public utility installations in public space specifically authorized by statute, by this title, or by any other regulations of the District of Columbia, the Mayor may issue special permits, upon such terms and conditions as the Mayor may require, for installations of public utilities in public space as the Mayor finds are in the public interest.

100.6 Any person violating any provision of this title for which a specific penalty is not provided shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300).

100.7 The Mayor may deny the issuance or renewal of a public space permit to any applicant who has not abated, in full, a nuisance for which a notice of violation was issued under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) (“Civil Infractions Act”).

100.8 Civil infractions for violations of provisions of this title that are enforced by the District of Columbia Department of Transportation (DDOT) are subject to the provisions of Chapter 31 (Administrative Procedures), Chapter 32 (Schedule of Fines), and Chapter 43 (District Department of Transportation (DDOT) Infractions) of Title 16 DCMR.

100.9 Civil infractions enforced by DDOT shall be listed in Chapter 43 (District Department of Transportation (DDOT) Infractions) of Title 16 DCMR.

History

• SOURCE: Article 4, §§9, 19 & 26 of the Police Regulations (May 1981); as amended by §4 the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 100

24 DCMR § 101 STREETS AND ROADS

101.1 Without a permit from the District, no person shall make an excavation within or under any Public Space or Public Right-of-Way; and no person shall remove from or deposit on any Public Space or Public Right-of-Way any earth or other material.

101.2 Without a permit, no person shall destroy, cut, or injure the footway or roadway of any street, avenue, or other public place.

101.3 No person shall place or maintain in the footway of any pavement any stopcock box, street washer, vent, vault, cover, cellar door, or any hinge that projects above the level of the pavement or above any vault cover with a smooth surface.

101.4 Without a permit, no person shall erect a fence or wall, or plant a tree, in any public street, avenue, or other public space; except as provided §§ 102 through 104.

101.5 No part of any street shall be used for the keeping, depositing, storing, or displaying of vehicles for the purpose of selling or services, or for valet staging or valet parking of vehicles, except when authorized under a permit issued in conformity with the provisions of Chapters 2 or 16 of this Title.

101.6 Any permit issued by the Mayor under the provisions of this title shall be displayed at all times at the address of work indicated on the permit.

101.7 Any person issued excavation permits pursuant to section 101.1 shall comply with all terms and conditions of the permit, the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, or its successor, and Chapter 34 of this title.

101.8 Any person issued a valet staging or valet parking permit pursuant to Subsection 101.5 shall comply with all terms and conditions of the permit and Chapter 16 of this title, as that chapter is amended from time to time.

101.9 Without a permit from the Director of the District Department of Transportation, no person shall construct a curb cut or driveway abutting the sidewalk or roadway of any street, avenue, or other public place.

History

• SOURCE: Article 4, § 20, and Article 8, §§ 1-3 of the Police Regulations (May 1981); as amended by § 5 of the Litter Control Expansion Amendment Act of 1987 (D.C. Law 7-38; 34 DCR 5326, 5329 (August 14, 1987)); as amended by Emergency and Proposed Rulemaking published at 47 DCR 9918 (December 15, 2000)[EXPIRED]; as amended by Final Rulemaking published at 48 DCR 3075 (April 6, 2001); as amended by Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024, 8025 (September 3, 2010); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 101

24 DCMR § 102 PUBLIC PARKING: UPKEEP AND PLANTINGS

102.1 The public parking on streets and avenues of the District of Columbia shall be under the immediate care and keeping of the owners or occupants of the premises abutting on the public parking.

102.2 No person shall use any parking for the purpose of drying clothes or other laundry.

102.3 No hedges shall be planted on public parking without a permit from the District. The same fee shall be charged as for parking fences.

102.4 Hedges on parking shall not exceed three feet (3 ft.) in height, nor project more than six inches (6 in.) over the sidewalk. On corner properties, if hedges are placed at the back of the sidewalk, they must be planted not more than ten inches (10 in.) above the sidewalk grade.

102.5 The Mayor is authorized to issue permits, without charging a fee, to erect tree markers of concrete or stone in tree spaces. The markers shall not be less than six inches (6 in.) nor more than eight inches (8 in.) square, or in excess of eight inches (8 in.) in height. They shall be driven firmly into the ground, and placed as directed by the Director of the Department of Public Works.

102.6 No tree marker shall be placed between a tree and a corner crosswalk. A metal plate may be placed on the upper surface of each marker, if it bears appropriate inscription and is securely fastened.

102.7 No person shall deposit or cause to be deposited any dirt, grass, or other yard refuse on any public sidewalk, tree space, roadway, or alley, from any public parking under the immediate care and keeping of the owner or occupant of the premises that abut the sidewalk, tree space, roadway, or alley.

102.8 [REPEALED].

History

• SOURCE: Article 4, §§ 1-3 of the Police Regulations (May 1981); as amended by § 5 of the Litter Control Expansion Amendment Act of 1987 (D.C. Law 7-38; 34 DCR 5326, 5329 (August 14, 1987)); as amended by § 4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989 (D.C. Law 8-31; 36 DCR 4750, 4753 (July 7, 1989)); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 102

24 DCMR § 103 PUBLIC PARKING: WALLS, WICKETS, AND FENCES

103.1 After obtaining a permit from the District, the owners or occupants of land abutting public parking may enclose the parking with any of the following:

Walls of an approved type not exceeding three feet six inches (3 ft. 6 in.) in height;

(b) Wooden fences of colonial design of an approved type not exceeding three feet six inches (3 ft. 6 in.) in height, with square, rectangular, or round posts and rails; with or without square, rectangular or round pickets extending through the rails; or

(c) Open fences of an approved type not less than three feet (3 ft.) or more than three feet six inches (3 ft. 6 in.) in height, constructed of iron, ornamental wire, or woven wire, and having top and bottom string pieces

103.2 No permit shall be issued for, and it shall be unlawful to maintain, a sharp-pointed or spear-headed type of fence that has uppermost points or prongs that are less than one-half inch (1/2 in.) in diameter.

103.3 Walls and fences of a height greater than three feet six inches (3 ft. 6 in.) shall be permitted only when specifically approved by the Mayor.

103.4 A fee of nineteen dollars ($19) shall be charged for enclosing the parking in front of each house or where no parking fence or wall has previously existed.

103.5 No fee shall be charged for an application to repair an existing fence or wall with the same character of material; Provided, that a permit for the erection of the original fence or wall must be on record.

103.6 Where permission is requested to move a parking fence of an approved pattern out to a newly established sidewalk line, no fee will be charged.

103.7 In all cases not covered by these exceptions, however, a fee of nineteen dollars ($19) shall be charged.

103.8 Blocks or pedestals for fence posts must not project above the surface of the sidewalk, and no portion of a fence or a fence post block or pedestal shall extend beyond the parking line.

103.9 All gates in parking fences must swing inwardly; and no gate shall swing outwardly over any sidewalk, avenue, street, or road.

103.10 It shall be unlawful to place or maintain any wickets, guard wires, or other similar devices upon or adjacent to the sidewalk, tree space, or parking in the District of Columbia, except in accordance with the provisions of this section.

103.11 Upon the payment of a fee of nineteen dollars ($19) for each premises, the Mayor may issue a permit to erect wickets of iron not less than three-eights of an inch (3/8 in.) in diameter. Each wicket shall be driven firmly into the ground, overlapping at least three inches (3 in.); shall be securely lashed with wire at top intersections and at the bottom of each wicket; shall be painted green; and shall be maintained in exact alignment with their tops on a level.

103.12 Where the parking around which the wickets are to be placed is at the level of the sidewalk, the wickets shall have a minimum height of twenty-four inches (24 in.); and where the parking is terraced, the wickets shall have a minimum height of twelve inches (12 in.).

103.13 Permission to erect wickets may be revoked by the Mayor upon failure to maintain the wickets in accordance with this section, or for any other reason that the Mayor may determine.

103.14 No permit shall be issued for any wickets that are within one foot (1 ft.) of the back edge of a public sidewalk; or that are in, upon,' or around tree spaces. The Mayor shall have the right to deny the use of wickets at any place that he or she deems that they should not be constructed or maintained.

History

• SOURCE: Article 4, §1 of the Police Regulations (May 1981); as amended by 27 DCR 3326, 3330 (August 1. 1980); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 103

24 DCMR § 104 PUBLIC PARKING: PAVING, GRADING, AND COVERING

104.1 Without the written authority of the Mayor, no person shall change the grade of any parking; pave or cover any portion of a parking; or construct any walls, steps, coping, fences, or other structures on a parking.

104.2 Each day that the grade, paving, or covering of a parking remains changed; and each day that any walls, steps, coping, fences, or other structures remain on a parking; shall constitute a separate offense.

104.3 Nothing in this section shall be construed to prevent the person having control of the premises abutting on a public parking from sodding or beautifying it with flowers.

104.4 Parking division fences on streets and avenues shall follow property lines.

104.5 Parking leads shall not be over six feet (6 ft.) wide, without the approval of the Mayor.

104.6 Except in the case of building operations, permits to cross sidewalks shall be granted by the Mayor upon the application of the owner of the abutting property, or his or her authorized representative, under conditions similar to those named in the Building Code governing occupation or use of public space to guarantee against any injury to the sidewalk, paving, or curbing.

104.7 Permits to pave the public parking in districts zoned for first commercial, second commercial, and industrial uses shall be granted by the Director of Consumer and Regulatory Affairs upon the recommendation of the Director of the Department of Public Works; and upon payment of a fee of thirty-six dollars ($ 36) for each permit.

104.8 Without a permit from the Mayor, no person shall pave or cover with any permanent covering any sidewalk space or any portion of a sidewalk space.

104.9 Without a permit from the Mayor, no person shall place any letters or advertising device in or upon any sidewalk, in any manner whatever; either by projecting images or shadows upon the sidewalk by means of lenses or reflectors, or both, or in any other manner.

History

• SOURCE: Article 4, §§3 & 4 of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24 DCMR § 105 TEMPORARY COVERED WALKWAYS

105.1 Temporary covered ways across sidewalks or parkings may be permitted by the Chief of Police for periods not to exceed forty-eight (48) hours.

105.2 Temporary covered ways shall afford a free passage of at least six feet (6 ft.) in width along the middle of the sidewalk.

105.3 Each applicant for a temporary covered way shall communicate to the Chief of Police by telephone, stating the time when the applicant desires to erect the covered way. The Chief of Police shall note the desired time and communicate this to the commanding officer of the police districts involved.

105.4 The commanding officer shall require the removal of a covered way within forty-eight (48) hours. If the inclement weather continues beyond forty-eight (48) hours, the commanding officer may extend the time for removal an additional forty-eight (48) hours.

105.5 Once a covered way is removed, it shall not be erected against without further permission from the Chief of Police.

105.6 Permits for sockets in the sidewalk, in connection with temporary covered ways across sidewalks or parkings, shall be issued by the Director of Consumer and Regulatory Affairs upon approval of the Director of the Department of Public Works.

105.7 Permits for sockets confer no authority to erect temporary covered ways across the sidewalks or parking areas. Once sockets have been installed, the Police Department shall issue forty-eight (48) hour permits to allow the use of the temporary covered way in inclement weather.

History

• SOURCE: Article 4, §10 of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24 DCMR § 106 PRIVATE LAMPPOSTS AND OTHER FIXTURES

106.1 No private lamppost or lap shall be erected or placed in public space or in any public street, avenue, alley, or road of the District of Columbia unless authorized by a special permit obtained prior to the erection of the lamppost or lamp.

106.2 Each permit shall be issued on the condition that the Mayor has the right to require the lamppost or lamp to be removed whenever the Mayor deems removal is necessary or advisable. Each application for a permit to erect a lamppost or a lamp must be accompanied by a written agreement signed by the owner or occupant, or both, of the premises in front of which the lamppost or lamp would be erected, agreeing to remove the lamppost or lamp when the Mayor requests removal.

106.3 No private lamppost erected in public space that extends more than three feet by six inches (3 ft. x 6 in.) from the building line shall have a greater diameter than eighteen inches (18 in.). Lampposts that are permitted shall be of an approved, single-light type.

106.4 The wattage of a lamp that extends more than three feet by six inches (3 ft. x .6 in.) from the building line shall not exceed the wattage as established for the public-street lamps for the vicinity; and the mounting heights shall be not less than that used for the public-street lamps of similar wattage.

106.5 Spot or floodlight standards shall not be erected beyond three feet by six inches (3 ft. by 6 in.) from the building line; and, in no case, shall standards be erected beyond the inner edge of the sidewalk, or beyond the building line in front of or adjacent to premises used or zoned as residential.

106.6 Private lamps of one hundred (100) watts or less, mounted not less than eight feet (8 ft.) above grade, may be permitted on or over public space.

106.7 Private lamps over one hundred (100) watts, mounted not less than fourteen feet (14 ft.) above grade, may be permitted on or over public space in other than residential zones.

106.8 No private lamp shall project over public space beyond a point eighteen inches (18 in.) back of the face of the nearest curb line. However, permits may be issued for lights of the public utility companies that, in the public interest, must be located in or over the public highway.

106.9 Lamps or clusters of lamps installed under the provisions of this .section shall be installed so that the light rays shall not be directed on, against, or across public sidewalks, streets, alleys, or roadways, or across private property zoned as residential.

106.10 A permit for the erection of spot and floodlights beyond the building line in residence and special purpose districts may be issued when, in the opinion of the Mayor, the spot and floodlights are desirable to illuminate public monumental buildings, monuments, and other similar structures; Provided, that the illumination is in the public interest, the direct rays are confined to the premises served, and a nuisance is not created.

106.11 Colored lights or globes on private lamps shall not be used when placed more than three feet by six inches (3 ft. x 6 in.) beyond the building line.

106.12 Every private lamp erected in the public space shall be enclosed in some form of ground, opalescent, or alabaster glass of sufficient density to remove the glare from the light source. This shall not be construed to apply to lamps less than twenty-five (25) watts each, used as borders, for outline lighting, and for illuminating signs, when placed not less than fourteen feet (14 ft.) above the sidewalk.

106.13 No private lamppost or lamp, or any part of a lamppost or lamp, projecting or extending more than three feet by six inches (3 ft. x 6 in.) beyond the building line, or on or over any sidewalk or roadway, shall be used as a sign or advertisement.

106.14 No portion of a sign, fixture, marquee, or other structure or projection of a building, shall extend over public space beyond a point eighteen inches (18 in.) back of the nearest curb line.

History

• SOURCE: Article 20, §§6 through 10 of the Police Regulations (May 1981).

24 DCMR § 107 STREETLIGHTS, STREET SIGNS, TREES, AND FIXTURES

107.1 No person shall break, damage, mutilate, or carry away any lantern, glass, frame, street designation, fixture, or other part or appurtenance of any public lamp; or hitch, tie, or fasten any animal to any public lamppost or appurtenance of a public lamp.

107.2 Without a permit from the Mayor, no person shall remove, take up, or carry away any public lamppost; extinguish or obstruct the light in any public lamp; or cap or plug the service pipe of any public lamp.

107.3 No person shall injure or destroy any public lamppost; attach any guy line to a public lamppost; deface any public lamppost or appurtenance of a lamppost by means of lime, mortar, paint, or other material; or pile material of any kind against any public lamppost.

107.4 Only an employee of the District, or a person employed by a contractor for the lighting or painting of public lamps, shall climb any lamppost.

107.5 No person shall hitch or fasten an animal to any tree on any street, avenue, or other public space in the District; nor to its wooden, wire, or other protection.

107.6 Without a permit from Director of the Department of Public Works, no person shall trim, prune, whitewash, or pile material about any tree in a street, avenue, or other public place.

107.7 Without a permit from Director of the Department of Public Works, no person shall attach any guy rope or wire to any tree in a street, avenue, or other public place.

107.8 Permits may be issued to erect banners, ornaments, or lights, whose display is to celebrate a national holiday as declared by an Act of Congress or a District holiday as declared by District law, on lampposts and across a street or avenue between buildings, street lampposts, or traffic lights; provided, that no banners, ornaments, or lights shall be erected in a manner that obstructs the free passage of pedestrian or vehicular traffic.

107.9 Without a permit from the Director of the District Department of Transportation, no person shall remove a tree in any sidewalk, street, avenue, or other public space.

History

• SOURCE: Article 20, §§1, 3, 4 & 5, and Article 22, §§1 through 3 of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989); as amended by D.C. Act 13-510, 48 DCR 588 (January 26, 2001); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 107

24 DCMR § 108 SIGNS, POSTERS, AND PLACARDS

108.1 No person shall affix a sign, advertisement, or poster to any public lamppost or appurtenances of a lamppost, except as provided in accordance with this section.

108.2 [REPEALED.]

108.3 No poster or placard shall be publicly displayed or exhibited if it is lewd, indecent, or vulgar, or if it pictorially represents the commission of or the attempt to commit any crime.

108.4 Any sign, advertisement, or poster that does not relate to the sale of goods or services may be affixed on public lampposts or appurtenances of a lamppost, subject to the restrictions set forth in this section.

108.5 A sign, advertisement, or poster shall be affixed for no more than one hundred eighty (180) days.

108.6 A sign, advertisement, or poster related to a specific event shall be removed no later than thirty (30) days following the event to which it is related. This subsection does not extend the time limit in subsection 108.5.

108.7 Each sign, advertisement, or poster shall contain the date upon which it was initially affixed to a lamppost.

108.8 Each sign, advertisement, or poster shall be affixed securely to avoid being torn or disengaged by normal weather conditions.

108.9 Signs, advertisements, and posters shall not be affixed by adhesives that prevent their complete removal from the fixture, or that do damage to the fixture.

108.10 No more than three (3) versions or copies of each sign, advertisement, or poster shall be affixed on one (1) side of a street within one (1) block.

108.11 Within twenty-four (24) hours of posting each sign, advertisement, or poster, two (2) copies of the material shall be filed with an agent of the District of Columbia so designated by the Mayor. The filing shall include the name, address, and telephone number of the originator of the sign, advertisement, or poster, and if the sign is for an event, the date of the event.

108.12 For purposes of this section, a "public lamppost" is any public post erected for the purpose of supporting electric wires.

108.13 For purposes of this section, the term “event” refers to an occurrence, happening, activity or series of activities, specific to an identifiable time and place, if referenced on the poster itself or reasonably determined from all circumstances by the inspector.

108.14 It shall be unlawful to display material on any tree or in any tree box space on public space except where such a display is necessary to serve a government function, such as Emergency No Parking or Reserved Parking signs.

108.15 Notwithstanding subsection 108.14, no government-issued temporary road work signs may be displayed on any tree or in any tree box space on public space.

108.16 Any sign displayed on a tree in accordance with § 108.14 shall be affixed in a manner that does not puncture, strip, or otherwise harm the bark of the tree. Nailing, stapling, tacking, pasting, or similarly affixing a sign to a tree on public space is prohibited. The use of flagging ribbon or tape is permissible.

History

• SOURCE: Article 20, §2, Article 22, §3, Article 25, §12 of the Police Regulations (May 1981); as amended by §2 of the Street Sign Regulation Amendment Act of 1979, D.C. Law 3-50, 26 DCR 2733 (December 21, 1979); by §2 of the Crime Prevention Sign Posting Act of 1980, D.C. Law 3-148, 27 DCR 4883 (November 7, 1980); as amended by Final Rulemaking published at 57 DCR 528 (January 8, 2010); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 7688 (August 26, 2011)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 8410 (September 30, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 273 (January 20, 2012); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 108

24 DCMR § 109 BEAUTIFICATION OF TREE SPACES

109.1 The regulations contained in this section apply to the unpaved area of the sidewalk, which is reserved by the District government for planting trees and is referred to in this section as “tree space”.

109.2 The owner or occupant of property adjacent to a tree space is responsible for keeping the tree space clean and free of refuse pursuant to 21 DCMR § 702.

109.3 The beautification of a tree space shall not require a public space permit unless the beautification includes the planting of a tree, the installation of any structure, or the installation or modification of a tree fence. Tree Space beautification activities that do not require a permit must comply with the requirements of this section and any other applicable law or regulation.

109.4 The beautification of a tree space may only be undertaken by the owner or occupant of the property that abuts the tree space, provided:

(a) The tree space beautification shall be undertaken solely at the personal risk and expense of that owner or occupant; and

(b) Such care and keeping of the tree space beautification shall remain the responsibility of that owner or occupant.

109.5 The beautification of a tree space shall not extend:

(a) Over the curb or the sidewalk;

(b) Within three feet (3 ft.) of a crosswalk or paved bus stop landing;

(c) Within six feet (6 ft.) of an entrance to an alley;

(d) Within six feet (6 ft.) of a street corner;

(e) Within two feet (2 ft.) from the base of an existing street tree; or

(f) Within four feet (4 ft.) of a parking meter or a fire hydrant.

109.6 In a continuous tree space, tree space beautification areas shall be not more than nine feet (9 ft.) long, and at least six feet (6 ft.) shall separate each beautified area.

109.7 The grade of a tree space shall not be altered in conjunction with a tree space beautification effort, except with mulch spread to a depth of two to three inches (2 – 3 in.), but not placed directly against or mounded at the base of the tree.

109.8 The use of the following as ground cover is prohibited:

(a) Gravel, rocks, bricks, stone, or concrete pavers or any other paving material, except as authorized by a public space permit; or

(b) Any type of landscape fabric or plastic sheeting.

109.9 To protect the health of the tree and the environment, no person shall plant or maintain any of the following plant types in a tree space:

(a) Plants having a deep root system;

(b) Any plant whose mature height is over eighteen inches (18 in.);

(c) Any vegetables;

(d) Any plants which spread by way of subsurface shoots or runners; or

(e) Any plants which climb or intertwine.

(f) Any invasive plant species.

109.10 To protect the safety of the public and the health of the tree, the use of wickets; hoop-style fencing; fencing having sharp points; or raised wooden, brick, stone or masonry borders, edging, or walls of any kind to border a tree space is prohibited.

109.11 Notwithstanding § 109.10, a tree fence, border, or edging existing on June 1, 2016, that was consistent with the version of these rules in effect on May 30, 2016 may remain until such time as it is removed by the owner or occupant of the property which abuts the tree space or by District government employees or contractors authorized by the District government.

109.12 A tree space may be bordered by a tree fence which shall:

(a) Only be installed as authorized by a valid public space permit issued by the Director of the District Department of Transportation;

(b) Meet or exceed the District’s specifications for an ornamental tree fence found in § 608.06 of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures (2013), as such specifications are amended from time to time (DDOT Standard Specifications) available at http://ddot.dc.gov/page/standard-specifications-highways-and-structures;

(c) Be assembled and installed as shown on the ornamental tree fence drawing number 608.13 found in the District of Columbia Department of Transportation Standard Drawings (August 2015) as such standard drawings are revised from time to time (DDOT Standard Drawings) available at http://ddot.dc.gov/page/standard-drawings-2015; and

(d) Not restrict the flow of rainwater runoff from the sidewalk into the tree space.

109.13 Notwithstanding § 109.12, a tree space may be bordered by a tree fence of an alternate design if it meets all of the following:

(a) The design allows the unrestricted flow of rainwater runoff from the sidewalk into the tree space;

(b) The material, fabrication and installation specifications are reasonably consistent with those required by the DDOT Standard Specifications, for an ornamental tree fence;

(c) The tree fence is designed to only border the tree space on the three (3) sides that do not abut the curb line;

(d) The tree fence is designed to have side panels which are set back at least fourteen inches (14 in.) from the vertical face of the roadway curb as shown on the drawings in Subsection 608.13 for an ornamental tree fence as found in the DDOT Standard Drawings; and

(e) The height of the tree fence shall be approximately eighteen inches (18 in.) tall as measured from the sidewalk or curb elevation.

109.14 The District government may enter a tree space without the permission of the owner or occupant of the property that abuts the tree space.

109.15 A tree space beautification may be destroyed or removed and disposed of by the District government or its agents, if destruction or removal and disposal is necessary for the following construction, repair, or maintenance activities:

(a) Street construction or reconstruction;

(b) Curb and gutter construction, reconstruction or repair;

(c) Sidewalk construction or reconstruction;

(d) Tree removal or planting; or

(e) Modification to the tree space, including, but not limited to the following:

(i) Expanding the tree space; and

(ii) Altering the grade and soil condition prior to a tree planting.

109.16 A tree space beautification that is not in compliance with this section, and that is hazardous to the public or the health of the tree, as determined by the Director of the District Department of Transportation, may be removed and disposed of by District government employees or contractors.

109.17 This section shall not be construed to supersede the provisions of Chapter 11 (Downtown Streetscape) of Title 24 of the District of Columbia Municipal Regulations.

History

• SOURCE: Section 3 of the Tree Space Beautification Regulation Act of 1989, effective September 9, 1989 (D.C. Law 8-21; 36 DCR 4568 (June 30, 1989)); as amended by Final Rulemaking published at 64 DCR 800 (January 27, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 109

24 DCMR § 110 CONSTRUCTION, REPAIR, AND DEMOLITION

110.1 The provisions of this section shall apply to all streets, avenues, alleys, highways, footways, sidewalks, public parkings, and other public space in the District of Columbia (also referred to simply as "public space").

110.2 Persons engaged in the erection, alteration, demolition, or repair of any building may occupy the public space with building materials and appliances if a permit is secured from the Director of Consumer and Regulatory Affairs.

110.3 Each permit shall specify any condition, in addition to the provisions of this chapter, upon which it is granted.

110.4 All applications for storage of materials on the roadway, including debris removed from a building or building site, or material excavated from a building site, shall be approved by the Director of the Department of Public Works, subject to the conditions specified in this chapter.

110.5 The Director of Consumer and Regulatory Affairs may revoke a permit to occupy public space at any time the Director determines that the terms of the permit have been violated, or when traffic conditions or the public convenience may warrant revocation.

110.6 Building materials must be stored on private property until needed at the building that is being altered or repaired.

110.7 Old brick or building materials taken from a building may be stacked in front of the building site for a limited time specified in the permit, when these materials will be used in the construction of a new building to be erected on the site.

110.8 The maximum area permitted to be occupied shall not extend beyond seven feet (7 ft.) from the curb on streets where there are no railway tracks.

110.9 On streets having railway tracks, the area occupied shall not be more than one-half (1/2) the distance from the curb to the nearest rail from the curb; and, in no case, shall material be placed nearer than seven feet (7 ft.) from the outer rail of the track nearest the materials.

110.10 The material shall be compactly stacked or arranged to occupy as little space as possible, and to secure vehicles and pedestrians from danger.

110.11 Within twenty-five feet (25 ft.) of the intersection of building lines at street corners, the material shall not be piled higher than four feet (4 ft.).

110.12 All building material shall be removed from public space when the roof is placed on a building, or when ordered to be removed by the Director of Consumer and Regulatory Affairs.

110.13 Building material or earth from excavation may be temporarily deposited or stored in a space one-third (1/3) the width of any alley that is fifteen feet (15 ft.) or more in width, when authorized by the Director of Consumer and Regulatory Affairs, after approval by the Director of the Department of Public Works.

110.14 Building material or earth from excavation deposited or stored in an alley shall be removed immediately when the Mayor orders removal.

110.15 In all cases, the manner in which earth and materials are deposited in an alley shall permit the free use of the alley for the passage of vehicles, and shall allow unobstructed egress from the property abutting on the alley.

110.16 When considered necessary by the Mayor, the space allotted for materials may extend laterally in the roadway twenty feet (20 ft.) on each side of the lot on which the building is being erected.

110.17 A width of not less than six feet (6 ft.) shall be kept clear on the sidewalks. Beyond this required passageway, however, the sidewalk may be inclosed with a tight board fence used under the same conditions as the roadway; Provided, that no materials or rubbish are deposited or placed within two feet (2 ft.) of any tree, and provided that there is no vault under the sidewalk.

110.18 If any enclosing fence shall prevent passage on the sidewalk, a temporary plank sidewalk shall be constructed and maintained in good repair and free from rubbish, dirt, and snow. The temporary plank shall not be less than six feet (6 ft.) in width in the clear.

110.19 Dressing stone and cleaning brick or other materials may be stored within the parking line, if suitably enclosed by a tight fencing.

110.20 Each builder or owner occupying the roadway or sidewalk with materials shall exhibit a red light at night. The light shall be placed in a manner that warns the public of the obstruction of the roadway and sidewalk, and shows distinctly the clear passageway left in the roadway and sidewalk.

110.21 When the space occupied by the materials extends along the curb for twenty feet (20 ft.) or more, at least one (1) light shall be exhibited at each end of the obstruction, and hung clear of the obstruction on the side adjoining the roadway.

110.22 A temporary wooden office or storage shed not over two hundred square feet (200 ft.2) in floor area may be erected within the space allowed for the storage of building material. The shed shall be subject to removal when so ordered by the Director of Consumer and Regulatory Affairs.

110.23 Earth taken from excavation, and rubbish taken from the building, shall not be stored upon sidewalks or roadways, but shall be taken directly from buildings and removed from day to day.

110.24 When material or rubbish is removed through windows or other openings in the upper stories of a building, the material or rubbish shall be well wetted down and removed by means of tight chutes extending from the building to a point of discharge, as directed or approved by the Director of Consumer and Regulatory Affairs.

History

• SOURCE: Article 3, §§3(a) through (j) of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24 DCMR § 111 TEMPORARY USE OF PUBLIC SPACE FOR MERCHANDISE, CONTAINERS, AND OTHER ARTICLES

111.1 No person shall leave any goods, wares, or merchandise either in or upon any street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District for a period longer than two (2) hours, except as provided in this chapter or in chapter 2 of this title.

111.2 Whenever a sidewalk space is used temporarily for handling goods, a clear passageway for pedestrians shall be left at least ten feet (10 ft.) wide on business streets, and six feet (6 ft.) wide on residence streets.

111.3 No empty bottles stored in crates or otherwise, and no empty crates, baskets, buckets, tubs, cans, boxes, kegs, cartons, or barrels, shall be allowed to remain in or upon any public space.

111.4 No wood shall be sawed or split in or upon any public space.

History

• SOURCE: Article 3, §13 of the Police Regulations (May 1981).

24 DCMR § 112 RETAIL BUSINESS USE OF ADJOINING PUBLIC SPACE

112.1 The owner or occupant of a store located in a residential-use district (as designated under the zoning regulations) may, during the time the store is open for business, use the space outside the front of the store to the extent of four feet (4 ft.) from the building line for the display of goods, wares, and merchandise directly connected with the business transacted within the store; Provided, that the use is conducted in compliance with the zoning regulations and in accordance with the provisions of this section.

112.2 The owner or occupant of a store located in the first or second commercial or industrial-use districts (as designated under the zoning regulations) may use the space outside the front of the store to the extent of three feet (3 ft.) from the building line for the display, in show cases or otherwise, of goods, wares, or merchandise directly connected with the business transacted within the store; Provided, that the use is conducted in accordance with the provisions of this section.

112.3 . No meat, fish, or fowl shall be displayed outside of a store on any street or avenue.

112.4 No permit shall be issued for a bootblack stand on public space.

112.5 No permit shall be granted for a fruit stand on public space, except for the purpose of displaying fruit under the conditions set forth in §§112.1 and 112.2.

112.6 The provisions of this section shall not apply to the owners of occupants of stores or places of business located on business streets designated under §113.

History

• SOURCE: Article 4, §§6 & 7 of the Police Regulations (May 1981).

24 DCMR § 113 BUSINESS STREETS

113.1 The streets within the following boundary areas shall be denominated "business streets" for the purposes of this chapter:

(a) K Street N.W., between Fifth and Sixth Streets;

(b) The west side of Seventh Street, N.W., between the northern limit of the market building of the Northern Market Co., and the south building line of P Street;

(c) The west side of Eleventh Street, S.W., between Maine Avenue and F Street; and

(d) The south side of F Street, S.W., from Eleventh Street westward, a distance not exceeding one hundred feet (100 ft.).

113.2 The business streets and the sidewalks adjacent to business streets may be used by occupants of abutting property for business purposes under the conditions set forth in this section.

113.3 Permission to occupy more space on business streets than is allowed in § 112 shall not be granted by the Director of Consumer and Regulatory Affairs, except under special order extending the limits of permissible occupation along the front of an entire block.

113.4 No permit shall be granted to occupy any portion of the sidewalk or parking to any person who is not the owner or occupant of the property abutting that sidewalk or parking.

113.5 Permits to occupy parking, sidewalks, or other public space shall not be transferable, and the space shall not be sublet.

113.6 Whenever any occupant of an adjacent building vacates the building, or sells or otherwise transfers his or her business in whole or in part, any permit previously issued to the occupant shall become void.

113.7 The subdivision of the space shall be under the direction of the Department of Consumer and Regulatory Affairs.

113.8 If meat, fish, poultry, or game of any kind is sold, the person or persons holding the permit(s) shall do the following:

(a) Have those commodities under roof, and screened or covered as provided by the health and food regulations of the District of Columbia;

(b) Have a clean water supply for cleaning the hands and utensils of food dealers; and

(c) Ensure that these foods are kept from insanitary and contaminating products.

113.9 Anyone who uses public space to display merchandise and wares shall keep clean metal receptacles with covers for the deposit of all kinds of garbage, trash, and waste.

113.10 No papers, trash, or rubbish shall be thrown on any public space or in the streets adjacent to any public space; and no person shall allow any barrels, boxes, crates, or other property owned by him or her to be placed on any space not assigned to the person for occupancy.

113.11 The hours during which commodities may be sold on public space under this section are as follows:

(a) During the months of April, May, June, July, August, and September, from 4:30 a.m. to 8:00 p.m.;

(b) During the months of October, November, December, January, February, and March, from 5:00 a.m. to 8:00 p.m.;

(c) During all months, on Saturdays until 11:30 p.m.; and

(d) At no time on Sundays.

113.12 The schedule of distribution of the space between the building line and the curb line on each side of K Street, shall be as follows:

(a) A total of twenty-one feet (21 ft.) may be used for spaces;

(b) The twenty-one feet (21 ft.) shall be divided into not more than three (3) spaces, one (1) of which shall not exceed five feet (5 ft.) wide, and two (2) of which shall not exceed eight feet (8 ft.) wide;

(c) The five foot (5 ft.) wide space shall be contiguous to the curb; and

(d) Each space shall be separated from each other space by an aisle for pedestrian traffic at least ten feet (10 ft.) wide, with an aisle between the building line and the nearest eight foot (8 ft.) space the width of the remaining portion of the sidewalk space.

113.13 The spaces are authorized to be used for the temporary display, handling, and sale of goods, and for the placing of counters. The counters shall be no more than four feet (4 ft.) in height; and shall not be placed or maintained in the space during the hours when spaces may not be used under this section, nor when spaces are otherwise not in use for the display of goods, unless any authorized canopy is adequately lighted for protection of pedestrians; Provided, that foods that are eaten in an uncooked condition, such as peaches, apples, grapes, and other fruits or vegetables, shall be placed on stands or tables that are not less than eighteen inches (18 in.) in height, or placed on the counters authorized by this section.

113.14 All aisles shall be kept open and unobstructed at all times.

113.15 The name of the owner of the merchandise displayed for sale on any of space or stand shall be conspicuously posted on the top of each stand.

History

• SOURCE: Article 4, §§7 & 8 of the Police Regulations (May 1981).

24 DCMR § 114 APPLICATION FOR BUSINESS STREET DISPLAY PERMITS

114.1 Permits for the use of public space on business streets shall be issued annually to occupants of adjacent buildings who are engaged in the sale of merchandise within the buildings, upon application to the Department of Consumer and Regulatory Affairs on the form(s) prescribed by the Director, in accordance with this section.

114.2 Before occupying any portion of a street in the District of Columbia that has been or is denominated a business street in accordance with law, or before occupying any sidewalk or parking space contiguous to the street, each owner or occupant of any store, building, or other place of business on the street shall submit a least two (2) drawings showing, respectively, the location and dimensions of the space he or she desires to occupy, and the type of stands or structures, if any, the owner or occupant proposes to erect or use on the space.

114.3 No permit to occupy any public space shall be issued until the drawings required by § 114.2 are approved by the Director of Consumer and Regulatory Affairs, and until one (1) of each of the drawings has been placed on file in the Department of Consumer and Regulatory Affairs.

114.4 Permits to construct shed roofs or awnings on the public space may be issued by the Mayor to the owner or owners of adjacent buildings, in accordance with plans to be submitted to and approved by the Director of Consumer and Regulatory Affairs.

114.5 Applications for additional space privileges shall state the space desired and the nature of the business to be conducted on the space.

114.6 All persons occupying a space on a business street or a portion of a business street, for displaying or selling merchandise, or for other business purposes, shall pay to the District of Columbia a monthly rental fee of one hundred thirty-six dollars ($136).

114.7 The full name of the owner of merchandise displayed or sold in a structure or stand on any business street, sidewalk, parking space, or other public space, shall be conspicuously displayed on each structure or stand.

History

• SOURCE: Article 4, §8, and Article 5, §2(e) of the Police Regulations (May 1981).

24 DCMR § 115 SKATEBOARDS, ROLLERSKATES, AND ROLLERBLADES

115.1 Any person using skateboards, rollerskates, roller blades, or similar devices upon the parks and plazas located in the Pennsylvania Avenue Development area shall be subject to the rules under 18 DCMR §§1211.3 through 1211.10.

History

• SOURCE: Section 2 of the Pennsy lvania Avenue Development Area Parks and Plaza Public Safety Amendment Act of 1995, D.C. Law 11-19, 42 DCR 1843 (April 21, 1995).

24 DCMR § 116 INSTALLATION OF PERSONALIZED MARKERS IN THE PUBLIC SPACE BY THE MAKE A DIFFERENCE FOUNDATION

116.1 The Make a Difference Foundation may install personalized markers made of granite or other material approved by the Director according to specifications approved by the Director, consistent with the Make a Difference Selection Committee Establishment Act of 1998, Establishment Act of 1998, effective April 30, 1998 (D.C. Law 12-98; D.C. Code §§ 9-1215.01 (2001) (formerly codified at D.C. Code §§ 7-231 et seq. (1999 Supp.)).

116.2 Prior to the installation of any personalized marker, the Make a Difference Foundation shall obtain the approval of:

(a) the Downtown Streetscape Committee, if a personalized marker is to be installed in the Downtown Streetscape Area, or

(b) the Public Space Committee, if a personalized marker is to be installed outside the Downtown Streetscape Area.

116.3 The Make a Difference Foundation shall submit the following documents to the Downtown Streetscape Committee or Public Space Committee, as appropriate, with each request for approval of the installation of a personalized marker:

(a) A drawing of the proposed personalized marker;

(b) A construction drawing of the site of the proposed marker;

(c) A drawing of the proposed location indicating all other personalized markers currently planned or already installed within 50 feet of the proposed location;

(d) Certification that the specifications of the personalized marker have been approved by the Director;

(e) Certification that the Make a Difference Foundation is currently registered as a foreign corporation in the District of Columbia; and

(f) Certification that the Make a Difference Foundation currently maintains liability insurance for personalized markers, as provided for in the Make Difference Selection Committee Establishment Act of 1998, as amended.

116.4 Once affixed to the sidewalk, a personalized marker may not be removed or altered, except for maintenance and repair, without the written consent of the Director.

History

• SOURCE: Final Rulemaking published at 49 DCR 4099 (May 3, 2002).

24 DCMR § 117 [RESERVED]

24 DCMR § 118 [RESERVED]

24 DCMR § 119 [RESERVED]

24 DCMR § 120 RAILROADS AND RAILROAD CROSSINGS

120.1 No unauthorized person shall loiter, walk, ride, drive, or otherwise trespass upon any of the following:

(a) Railroad tracks;

(b) The bridges or elevated or depressed structures carrying tracks;

(c) Locomotives or cars operated on tracks; or

(d) In tunnels or underpasses designed or used solely for the accommodation of tracks of any steam, diesel, or electric railroad company operating in the District of Columbia.

120.2 It shall be unlawful for any person or persons to remove snow from the tracks of any railway in the District of Columbia in a manner that obstructs the free passageway of any street, avenue, or roadway.

120.3 No person shall sprinkle salt or other decomposing substance upon any railway tracks or rails in the District of Columbia for the purpose of melting snow or ice on the tracks or rails, or for any purpose, unless a permit is granted by the Mayor.

120.4 No person, firm, or corporation shall move, cause to be moved, or take any part in moving a railway locomotive, car, or train of cars on or over an intersection at grade of that railway with any street, alley, avenue, highway, footway, sidewalk, parking, or other public space in the District, unless the movement is protected by a visible signal, such as a sign, red flag, or similarly suitable device, displayed at the intersection in advance of each movement by a member of the crew of the locomotive, car, or train.

120.5 If, in the opinion of the Mayor, the volume of pedestrian or vehicular traffic at any intersection at grade is sufficient to justify additional safeguards, the intersection shall, if ordered by the Mayor, be guarded also by a standard railway cross-arm warning sign, gate, electric bells, electric automatic flashing red signal lights, or other appliance, or combination of appliances, to be approved by the Mayor. The safeguarding appliances shall be constructed, operated, and maintained by and at the cost of the company operating the railway.

120.6 No person, firm, or corporation shall move, cause to be moved, or take part in moving a railway locomotive, car, or train of cars on or upon a street or other public space between sunset and sunrise, unless a headlight or other equivalent reflecting lantern, or a hand lantern in the hands of an attendant, is displayed upon the most advanced approaching part of the locomotive, car, or train or cars to give due warning of its approach to persons near or crossing the tracks.

120.7 No highway or railway crossing in the District of Columbia on which tracks of steam railroad are laid shall be obstructed by any train, locomotive, car, or crossing gates for a period longer than five (5) minutes; nor shall a train, locomotive, car, or cars be parked or stored on a street for an unreasonable time.

120.8 The supervisor of tracks or yardmaster shall be held liable and subject to prosecution for obstructions by crossing gates when, by his or her order, they are kept down for a longer time than is permitted by the rules of this chapter.

120.9 All railroad sidings, switches, and standing tracks within the District terminating at, abutting on, or adjacent to a street or other public space or private property, at whatever grade, shall at all times, without notice, when in use for the movement of cars, locomotives, or other railroad carriages, be protected and kept protected by the construction and maintenance of bumping blocks or other protection approved by the Mayor.

120.10 The person or persons, or corporation or corporations using the railroad sidings, switches, and standing tracks shall be responsible for the construction of the protection devices; and for maintaining them in sound, safe, and serviceable condition once they are approved by the Mayor.

History

• SOURCE: Article 3, §6; Article 25, §§3. 4, & 5 of the Police Regulations (May 1981).

24 DCMR § 121 TENTS, TRAILER CAMPS, AND OTHER TEMPORARY ABODES

121.1 No person or persons shall set up, maintain, or establish any camp or any temporary place of abode in any tent, wagon, van, automobile, truck, or house trailer, of any description, or in any combination, on public or private property, without the consent of the Mayor of the District of Columbia.

121.2 Nothing contained in this section shall prevent any owner or lawful occupant of private property provided with sufficient sewage and water facilities, in the opinion of the Director of Health, from permitting use of the his or her private property for setting up and maintaining a temporary place of abode for not more than a total thirty (30) days in any consecutive three (3) months.

121.3 Not more than two (2) single, temporary places of abode, as defined in this section, shall be maintained at any one (1) location.

121.4 Each tent, wagon, van, automobile, truck, house trailer, or other temporary place of above shall be situated or placed more than forty feet (40 ft.) from any public space; and shall not disturb the peace and quiet of the neighborhood.

History

• SOURCE: Article 17, §24 of the Police Regulations (May 1981).

24 DCMR § 122 PUBLIC TOILETS

122.1 No person shall blow, spread, or place any nasal or other bodily discharge; or spit, urinate, or defecate; on the floors, walls, partitions, furniture, fittings, or on any portion of any public convenience station, or in any place in a public convenience station; except directly into the particular fixture provided for that purpose.

122.2 No person shall place any bottle, can, cloth, or rag; or metal, wood, or stone substance; in any of the plumbing fixtures in any public convenience station.

122.3 No person shall stand or climb on any closet, closet seat, basin, partition, or other furniture or fitting; or loiter about, or push, crowd, or otherwise act in disorderly manner; or interfere with any attendant in the discharge of his or her duties; or whistle, dance, sing, skate, or swear, or use obscene, loud, and boisterous language within any public convenience station, or at or near the entrances of a public convenience station.

122.4 No person shall cut, deface, mar, destroy, or break, or write on or scratch any wall, floor, ceiling, partition, fixture, or furniture; or use towels in any improper manner; or waste soap, toilet paper, or any of the facilities provided in any public convenience station.

History

• SOURCE: Article 25, §§8 through 10 of the Police Regulations (May 1981).

24 DCMR § 123 TEMPORARY CLOSURE OF PUBLIC SPACE FOR THE PERFORMANCE OF CERTAIN GOVERNMENT WORK

123.1 The Department of Public Works (“DPW”) may temporarily close a section of public space in order to perform work if DPW requests approval from DDOT to close the section of public space at least seventy-two (72) hours before the work is to be performed and DDOT approves the request.

123.2 DDOT may, in order to protect the health or safety of the public or to ensure compliance with District and federal law:

(a) Deny a request for temporary closure; or

(b) Notify DPW that it must:

(1) Modify its request for a temporary closure in order for its request to be further considered for approval by DDOT; or

(2) Provide additional information, which may include a traffic control plan, in order for its request to be further considered for approval by DDOT.

123.3 During a temporary closure of a section of public space under this section, the closed section of public space shall be under the authority of DPW.

123.4 DPW shall erect a tape, rope, or other barricade to demarcate and restrict access to the section of public space that is temporarily closed.

123.5 After DPW completes the work for which it closed the section of public space, DPW shall remove the tape, rope, or other barricade that DPW erected under Subsection 123.4, along with any signs placed upon such tape, rope, or other barricade.

123.6 For the purposes of this section, the term:

(a) “Traffic control plan” means a plan that describes temporary measures that facilitate safe travel for vehicles, pedestrians, cyclists, micro-mobility users, and other road users through or near a section of public space that is temporarily closed under this section.

(b) “Work” includes preparation, mobilization, and demobilization activities on the section of public space that DPW seeks to temporarily close, or has temporarily closed, pursuant to this section.

History

• SOURCE: Final Rulemaking published at 68 DCR 7212 (July 23, 2021). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 123

24 DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the following term shall have the meaning ascribed below:

Downtown Streetscape Area - the Downtown Urban Renewal Area, as defined in the Zoning Regulations, Title 11 of the District of Columbia Municipal Regulations, and the west side of North Capitol and both sides of all other boundary streets of the Downtown Urban Renewal Area.

Excavation – any work in the surface or subsurface of any Public Space or Public Right-of-Way, including opening the Public Right-of-Way; installing, servicing, repairing, or modifying any Public Space or Public Right-of-Way Facility or Facilities in or under the surface or subsurface of any Public Space or Public Right-of-Way; and restoring the surface and subsurface of any Public Space or Public Right-of-Way.

Invasive Plant Species – one of the following plants:

Grasses and Sedges

Bamboos (Bambusa vulgaris, Phyllostachys aurea and Pseudosasa japonica)

Bog Bulrush (Schoenoplectus mucronatus)

Common Reed (Phragmites australis)

Japanese Stiltgrass (Microstegium vimineum)

Wavyleaf Basketgrass (Oplismenus hirtellus ssp. undulatifolius)

Herbaceous Forbs

Beefsteak Plant (Perilla frustescens)

Canada Thistle (Cirsium arvense)

Chinese Lespedeza (Lespedeza cuneata)

Common Daylily (Hemerocallis fulva)

Dame’s Rocket (Hesperis matronalis)

European Stinging Nettle (Urtica dioica)

Fig Buttercup (Ficaria verna)

Garlic Mustard (Alliaria petiolata)

Ground Ivy (Glechoma hederacea)

Japanese Knotweed (Fallopia japonica)

Nodding Star of Bethlehem (Ornithogalum nutans) and Sleepydick (Ornithogalum umbellatum)

Purple Loosestrife (Lythrum salicaria)

Spotted Knapweed (Centaurea stoebe ssp. micranthos)

Shrubs and Subshrubs

Amur Honeysuckle (Lonicera maackii)

Autumn Olive (Elaeagnus umbellata)

Japanese Barberry (Berberis thunbergii)

Japanese Meadowsweet (Spiraea japonica)

Linden Viburnum (Viburnum dilatatum)

Morrow’s Honeysuckle (Lonicera morrowii)

Multiflora Rose (Rosa multiflora)

Privets (Ligustrum obtusifolium, L. ovalifolium, L. sinense and L. vulgare)

Wineberry (Rubus phoenicolasius)

Winged Burning Bush (Euonymus alatus)

Vines

Black Swallow-Wort (Cynanchum louiseae)

Chinese Wisteria (Wisteria sinensis)

Chocolate Vine (Akebia quinata)

Common Periwinkle (Vinca minor)

English Ivy (Hedera helix)

Japanese Honeysuckle (Lonicera japonica)

Japanese Hop (Humulus japonicus)

Japanese Wisteria (Wisteria floribunda)

Kudzu (Pueraria montana var. lobata)

Mile-a-Minute (Persicaria perfoliata)

Oriental Bittersweet (Celastrus orbiculatus)

Pale Swallow-Wort (Cynanchum rossicum)

Porcelainberry (Ampelopsis brevipedunculata)

Sweet Autumn Virginsbower (Clematis terniflora)

Winter Creeper (Euonymus fortunei)

Person - any individual, corporation, firm, agency, association, organization, utility company, and any government agency or instrumentality.

Personalized Marker - an engraved sidewalk treatment of granite or other suitable material approved by the Director that is inscribed with a profile likeness and other inscriptions in recognition of an individual selected by the Make a Difference Foundation pursuant to the Make A Difference Selection Committee Establishment Act of 1998, D.C. Official Code §§ 9-1215.01 (2001 ed.) (formerly codified at D.C. Official Code §§ 7-231 et seq. (1999 Supp.)).

Public Parking – the area of public space between the property line, which may or may not coincide with the building restriction line, and the edge of the actual or planned sidewalk that is nearer to the property line, as the property line and sidewalk are shown on the records of the District.

Public Right-of-Way - the surface, the air space above the surface (including air space immediately adjacent to a private structure located on Public Space or in a Public Right-of-Way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk, or boulevard

Public Space - all the publicly-owned property between the property lines on a street, park, or other public property as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or public parking between such property lines.

Public Space or Public Right-of-Way Facility or Facilities - any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Person, that are located or are proposed to be located in the Public Right-of-Way. (For the purposes of this definition, the terms “Owner” and “Person” shall have the meanings ascribed in Subsection 3499.1.)

Sidewalk – the portion of the surface space located between the curb line and the building line intended for the use of pedestrians.

Tree fence – a low enclosure of an open design that separates the sidewalk from the tree space and is designed and constructed in accordance with DDOT guidelines.

Tree space – an unpaved portion of the sidewalk that is reserved by the District government for the planting of a tree.

Tree space beautification – a visual improvement made to a tree space using live plant materials other than trees, such as grass, tropical flowers, or other shallow rooted plants having decorative flowers or foliage.

History

• SOURCE: Emergency and Proposed Rulemaking published at 47 DCR 9918(December 15, 2000) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 3075 (April 6, 2001); as amended by Final Rulemaking published at 49 DCR 4099 (May 3, 2002); as amended by Final Rulemaking published at 49 DCR 6566 (July 12, 2002); as amended by Final Rulemaking published at 64 DCR 800 (January 27, 2017); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 199

24-2 RENTAL OF PUBLIC SPACE

24 DCMR § 200 ADMINISTRATION AND ENFORCEMENT

200.1 Public space rental permits shall be issued under the provisions of the D.C. Public Space Rental Act (the "Act"), D.C. Code §7-1001 et seq. (1981), and the provisions of this chapter.

200.2 The Director of the District of Columbia Department of Public Works (the "Director") shall have the following responsibilities under this chapter:

(a) When a property owner requests the use of public space, the Director shall investigate the public need for that space, consider the proposed use of the space, and recommend to the Public Space Committee (the "Committee") approval or disapproval of the use;

(b) The Director, when he or she deems it necessary, shall inspect each space for which a permit application is received to determine compliance with the Act, this title, and the terms of the permit;

(c) The Director shall refer violations of the Act, the provisions of this chapter, the permit, or conditions requiring remedial action to the Director of Consumer and Regulatory Affairs; and

(d) If, as a result of the private use of surface space, an imminently dangerous condition is discovered, and public safety requires, the Director shall take any necessary steps to immediately remedy the situation.

200.3 The Public Space Committee shall, on recommendation from the Director, determine the public need for public space, what private use may be made of it, and what may be erected or installed in that space.

200.4 The Committee shall approve or disapprove all applications for the use of public space referred to it by the Director, and no permit for use of public space shall be issued without Committee approval.

200.5 The Director of Finance and Revenue shall render all bills and collect all rents and other charges for public space occupancy and use, as provided by law and regulation.

200.6 The Corporation Counsel, or his or her designee, shall institute and prosecute any action determined by the Corporation Counsel to be necessary by reason of any violation of the Act and this chapter.

200.7 The Director of Consumer and Regulatory Affairs shall take all of the following actions with respect to public space rental:

(a) Receive all applications for permits to occupy or use public space, and refer them to the proper departments for review and approval or disapproval;

(b) In the case of vaults, determine the structural adequacy of proposed construction, investigate all questions of structural defects in existing vaults, and inspect vaults when necessary to determine their physical condition;

(c) If a vault or related construction is found to be in an imminently dangerous condition, and public safety requires, take any necessary steps to immediately remedy the situation;

(d) Issue all approved public space permits through the Permit Branch; and

(e) Investigate violations of the Act, this chapter, or the terms of the permit, and take necessary action to remedy the situation.

200.8 Any personal property placed on public space by the permittee shall be readily movable, and maintained in a good clean condition; and shall not be allowed to deteriorate, or become unsightly or dangerous to the public.

200.9 Prior to the issuance of an occupancy permit, any property owner who wishes to sublet public space, including surface space and space below the surface, shall file with the Director a notarized copy of the rental agreement covering the space to be sublet.

200.10 Permits for the use of surface space shall be subject to suspension or revocation for failure of the permittee to make use of the surface space for a period of more than twelve (12) months; and for failure to comply with this chapter, the specifications of the permit, or the plan required by §202.

200.11 The provisions of this chapter relating to the extent to which surface space may be occupied by the operator of a business abutting the space shall supersede any other provisions of this title that may control the extent to which surface space may be occupied.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act of April 23, 1892, 27 Stat. 21, ch. 53. § 3, D.C. Code 1-1024 (1992 Repl. Vol.); as amended by An Act of July 11, 1919, 41 Stat. 69, ch. 7, as amended, D.C. Code § 5-516 (1994 Repl. Vol.); by §§ 401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, D.C. Code Vol. 1 at 126 (1991 Repl. Vol.); by An Act approved October 17, 1968, 82 Stat. 1156, Pub. L. 90-596, D.C. Official Code 10-1101 et seq. (2001); and § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code § 1-227(a) (1992 Repl. Vol.); section 5(4)(A), 6(b) and (c) and 7 of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04(4)(A), 50-921.05(b) and (c), and 50-921.06), and sections 603 and 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198, D.C. Official Code §§ 10-1141.03 and 10-1141) and Mayor's Order 96-175 (December 9, 1996); D.C. Code §§ 10-1141.04; 50-921.02.
• SOURCE: Article 43, §§2(a),(c); 3(l), (m) of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendments Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).
• EDITOR'S NOTE: The Building Code, the Fire Code, and the Electrical Code referred to in this title have been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665),the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

24 DCMR § 201 RENTAL OF SURFACE SPACE

201.1 The owners of commercial property abutting public space in areas zoned for the proposed use in the Zoning Regulations of the District may, subject to the provisions of this chapter, rent so much of the surface space on which their properties abut as the Committee determines is not needed for the use of the general public during specified times on specified days.

201.2 Space to be rented under this section shall not extend beyond the following limits:

(a) Above a horizontal plane extending from the first floor ceiling of the adjoining building, or above twelve feet (12 ft.), whichever is the lesser;

(b) Beyond the curb line fronting the property as the line is established in the records of the Department of Public Works;

(c) Below the surface of the ground, whether paved or unpaved, within the area that is rented; and

(d) On either side beyond a line extending at ninety degrees (90°) to the property line from the intersection of the lot line of the permittee with the property line, as these lines are recorded in the office of the Surveyor of the District of Columbia; or, if the property line is on a curve, beyond a radial extending from the same point.

201.3 The owners of commercial property located in an area zoned R or SP, and occupied by a cafe or restaurant, may rent surface space for an outdoor cafe if the Board of Zoning Adjustment grants a special exception for the cafe, pursuant to the Zoning Regulations of the District of Columbia.

201.4 Each permittee shall pay rent for the surface space rented to him or her at the rate established by the Council, and set forth in the current schedule of rent. The current rent schedule shall be available from the Permit Branch.

201.5 The rent shall be payable annually in advance, unless the space is rented for a period less than a year. If a space is rented for less than a year, the rent shall be payable in advance for the entire rental period. Public space shall not be rented for less than one (1) month.

201.6 If the Director requires a permittee to relinquish part or all of the surface space rented by the permittee, the permittee may secure a refund commensurate with the space that is relinquished, and with the portion of the rental period remaining. The permittee shall apply for the refund in writing to the Director.

201.7 A refund shall be made to the nearest one-twelfth (1/12) of the annual rent.

201.8 A refund shall be made only after verification by the Director that all provisions of the Act and this chapter have been complied with.

History

• SOURCE: Article 43, §§3(a)-(d) of the Police Regulations (May 1981); as amended by §2 of the Outdoor Sidewalk Cafe Act of 1977, D.C Law 2-7 (April 22, 1977).

24 DCMR § 202 APPLICATION FOR SURFACE SPACE RENTAL

202.1 Application for the use of surface space shall be made to the D.C. Department of Consumer and Regulatory Affairs in duplicate, on the form prescribed for that purpose.

202.2 Each application form shall be accompanied by six (6) copies of a plat or drawing indicating, to scale, the amount of surface space the applicant is seeking permission to use.

202.3 Each application shall state with the following:

(a) The nature of the proposed use;

(b) The type of equipment to be used; and

(c) The days of the week and hours of each day the applicant desires to use the surface space.

202.4 Each application for a permit for the occupancy and use of public space shall be signed by the owner of the abutting property.

202.5 Each application shall contain a statement by the applicant that he or she will, in consideration of being issued a permit for the use of surface space, agree to hold harmless the United States and the District, and the officers and employees of each of these governments, for any loss or damage arising out of the use of the space, or the discontinuance of any use.

202.6 Each applicant shall sign a statement that he or she understands and agrees to the following conditions:

(a) That the applicant's use of surface space is to be temporary, on a day-to-day basis;

(b) That the applicant shall not acquire any right, title, or interest in the space;

(c) That the Director may, by written notice, require the permittee at any time to vacate all or part of the surface space he or she has been given permission to use;

(d) That, upon demand to vacate the space, the applicant will promptly remove any personal property he or she placed on the space, or reimburse the District for the cost of moving the property; and

(e) That the applicant shall have no recourse against either the United States, the District, or the officer or agents of either, for any loss or damage that occurs because of the applicant being required to vacate all or any part of the surface space that he or she had been granted permission to use.

History

• SOURCE: Article 43, §§2(b), 3(e) of the Police Regulations (May 1981).

24 DCMR § 203 INVESTIGATION AND APPROVAL

203.1 Application for a permit to use surface space shall be subject to the approval of the Committee, on consideration of a recommendation by the Director.

203.2 The Director shall report whether the surface space being requested for use is needed for use by the general public on the days and at the times requested by the applicant.

203.3 The Director shall investigate and report as to the days a surface space is needed for public use, and as to those times during each day when the space may not be wholly or partly required for the use of the general public.

203.4 Subject to the investigation required by §203.3, the Director shall recommend to the Committee whether the Committee should approve the application for use, and specify any qualifications that should be attached to the approval.

History

• SOURCE: Article 43, §3(f) of the Police Regulations (May 1981).

24 DCMR § 204 MAINTENANCE OF CLEAR PASSAGEWAY

204.1 Each applicant for a permit to use surface space shall demonstrate to the satisfaction of the Committee that the use to be made of the space will include provisions for the maintenance of a clear, unobstructed passageway not less than ten feet (10 ft.) in width at all points, entirely across the frontage of the property occupied by the applicant, parallel to the line of the street, and generally in the line of pedestrian traffic.

204.2 If the Committee finds that usually, or at certain periods during the day or evening, the flow of pedestrian traffic at a location is sufficiently light to permit a passageway narrower than ten feet (10 ft.), a passageway as narrow as six feet (6 ft.) may be approved by the Committee. Approval for the narrower passageway may be given either at all times when the use of surface space is permitted, or for certain specified periods during the time when the use is permitted.

204.3 The width of the passageway or passageways approved by the Committee shall be indicated on the permit issued for the use of the surface space, and the space itself shall be marked to define the width of the passageways.

204.4 The markings of passageways shall be by one (1) or more painted white lines, each not less than four inches (4 in.) wide; or by other markings as may be required, extending across the total surface space the permittee is authorized to use.

204.5 The markings of passageways shall be done by the permittee in accordance with the directions of the Director.

History

• SOURCE: Article 43, §3(g) of the Police Regulations (May 1981).

24 DCMR § 205 SUBMISSION OF APPLICATIONS TO THE FINE ARTS COMMISSION

205.1 Each application for a permit to use surface space abutting real property subject to the provisions of the "Shipstead-Luce Act" (D.C. Code §§ 5-410 and 5-411 (1981)) or the "Old Georgetown Act" (D.C. Code §§ 5-1101 through 5-1107 (1981)) shall be submitted by the Director of Consumer and Regulatory Affairs to the Commission of Fine Arts for its advice as to whether the proposed use of the surface space is in conformity with the intent and purposes of the applicable act.

205.2 If the Commission fails to advise the Director of its determinations within thirty (30) days, the Director may assume that the proposed use is in conformity with the applicable act.

205.3 Each applicant for permission to use surface space in an area subject to the provisions of either of the acts set forth in § 205.1 shall submit with his or her application a full description, including one (1) or more sketches or renderings in color and perspective, of the use proposed to be made of the surface space, in order to permit the Commission to determine whether that use will be in conformity with the applicable act.

History

• SOURCE: Article 43, § 3(h) of the Police Regulations (May 1981).

24 DCMR § 206 ACCESS TO PUBLIC SPACE BY PUBLIC UTILITIES

206.1 Each public utility company that, according to the records of the District, operates or maintains any equipment or service in the area beneath the surface space for the use of which application is made shall be given an opportunity by the Director to inform the Director concerning the company's objections, if any, to the proposed use to be made of the space.

206.2 If any utility company fails, within fifteen (15) days after request for its recommendation, to notify the Director of any objection it may have to the use, the Director may assume that the company has no objection to the proposed use.

206.3 The District government and the several public utility companies operating in the District shall be permitted to have immediate access to manholes located in public space.

206.4 No objects or structures shall be placed on ventilation gratings over transformer manholes.

206.5 The District government and the utility companies shall have the right, under permit, to have access to all public space for the purpose of repairing or reinforcing existing facilities and to build new facilities.

206.6 The District government, the utility companies, and their officers and employees, shall be held harmless for any loss or damage arising out of their use of all or part of a public space, or for the interruption or discontinuance of use resulting from the performance of work under, on, or above a space by the District government or by any of the utility companies.

History

• SOURCE: Article 43, §§3(i), j(13) of the Police Regulations (May 1981).

24 DCMR § 207 GENERAL CONDITIONS OF USE OF SURFACE SPACE

207.1 Each permit to use surface space under the authority of this chapter shall be subject to the conditions set forth in this section.

207.2 Public space shall be rented only to the owner of the abutting private property. The owner may sublet that space to his tenant upon filing a copy of the rental agreement for said public space with the Director as set forth in § 201.

207.3 The space shall only be used for the activity or activities specified on the permit, in-accordance with the requirements of these and any other applicable regulations.

207.4 The use of any space is temporary, and the user acquires no right, title, or interest in the space he or she is permitted to use.

207.5 The United States and the District, and the officers and employees of these governments, shall be held harmless for any loss or damage arising out of any use of public space, or the discontinuance of any use, whether the loss or damage is suffered by the permittee, the United States, the District, or by some third person.

207.6 The Director may require any space to be vacated upon demand, and its use discontinued. In either case, the permittee has no recourse against either the United States or the District for any loss or damage occasioned by any requirement to vacate or discontinue use of any public space.

207.7 If a permittee does not vacate or discontinue the use of the public space by the time specified by the Director, the Director may remove from the space any property left on it. Removal shall be at the risk and expense of the owner.

207.8 Any awning, umbrella, or other covering extending over or used on a surface space shall be flame-proofed; and the arrangement of any furniture or other property placed on a surface space shall be in accordance with a plan proposed by the applicant, recommended by the Director, and approved by the Committee.

207.9 The permittee shall remove promptly any litter deposited on or in the vicinity of the surface space used by him or her, that results from the activity or activities conducted by the permittee on the space or on any area adjoining the space.

207.10 The permittee shall, at all times, conduct all activities in an orderly fashion.

207.11 The permittee shall, under permit duly issued by the District, provide lighting facilities adequate to light the activity or activities conducted by the permittee on the surface space during the evening or night.

207.12 The space shall be used for business purposes only during the hours specified on the permit authorizing use, and neither before nor after such hours.

207.13 The permittee shall post the permit issued to him or her for the use of surface space in a conspicuous location on the front of the premises occupied by the permittee, either on the exterior of the premises, or in a location where it may be seen from the exterior of the premises. The permit shall be located and lighted so as to be readily legible to a person on the public space in front of the premises.

207.14 No food may be consumed on public space unless table service is provided by a waiter or waitress, or unless an attendant is assigned to the area for maintenance purposes during all times the area is occupied by patrons.

207.15 A permittee shall pay all applicable fees.

207.16 An unenclosed sidewalk café shall be open to the sky and at the sides at all times, but may include awnings or umbrellas, provided they are removable within a twenty-four (24) hour period.

History

• SOURCE: Article 43, §§ 3(j)(1)-(11), (14-15) of the Police Regulations (May 1981); as amended by § 6(b) of Enclosed Sidewalk Cafe Act of 1982, D.C. Law 4-148, 29 DCR 3361, 3367 (August 6, 1982); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 207

24 DCMR § 208 ENTERTAINMENT AND MUSIC

208.1 No entertainment or music shall be provided or permitted for the enjoyment of the patrons of the establishment operated on public space by a permittee other than music as may be furnished by no more than three (3) musicians playing stringed instruments such as the violin, the viola, the cello, the double-base, and the guitar, and no more than one (1) accordion or concertina.

208.2 Music allowed under § 208.1 shall not disturb the peace or quiet of the neighborhood, or the comfort or repose of any inhabitant of the neighborhood. This music shall not exceed sixty (60) dB(A) or the applicable decibel level for the zone from which the music emanates when measured at the property line of the establishment from which the music originates.

208.3 No music shall be played before or after the hours within which the music may be played as specified on the face of the permit issued for the use of the space, or later than 12:00 midnight.

208.4 There shall be no amplification or production of music by any electronic or mechanical means, including any electronic or mechanical reproduction of music and its dissemination by means of loudspeakers, whether by coin-operated or non-coin operated phonographs or music boxes, by background music service, or by any radio or television set.

History

• SOURCE: Article 43, § 3(j)(12) of the Police Regulations (May 1981); as amended by § 2 of the District of Columbia Noise Control Act of 1977 Amendment Act of 1986, D.C. Law 6-180, 33 DCR 7660 (December 12, 1986).

24 DCMR § 209 VEHICLE PARKING AND SALES

209.1 If the surface space is to be used for the parking of vehicles, either at a sales lot, a parking lot, a garage, a gasoline filling station, or other business property, the provisions of this section shall apply in addition to the other requirements of this chapter.

209.2 The vehicle parking area shall be paved to Department specifications.

209.3 Limits of the surface space to be used shall be delineated in accordance with Department specifications and requirements.

209.4 Vehicles shall not encroach beyond the marked limits in any manner, including the car or other overhang.

209.5 When the operator of a parking facility does not wish to rent surface space adjoining his or her establishment, no vehicle or other object shall encroach beyond the property line in any manner, including car or other overhang, and provisions to prevent an encroachment shall be made as provided in § 606 of this title.

History

• SOURCE: Article 43, § 3(k) of the Police Regulations (May 1981).

24 DCMR § 210 ENCLOSED SIDEWALK CAFES

210.1 All structural materials used in an enclosed sidewalk cafe shall be easily demountable and capable of being removed within twenty-four (24) hours after notice, without damage to the sidewalk or public space that it occupies.

210.2 An enclosed sidewalk cafe may utilize a base wall of opaque material up to a maximum height of thirty-six inches (36 in.) from the sidewalk level.

210.3 All enclosing walls, doors, and windows, except for structural members, extending above the base wall, must be of a transparent material.

210.4 To maximize transparency, both the horizontal and vertical structural members shall be no more than ten inches (10 in.) wide.

210.5 No plumbing fixtures shall be installed in an enclosed sidewalk cafe. Heating, air-conditioning, ventilation, and electrical lighting may be installed, when authorized, in accordance with the applicable District codes and regulations.

210.6 Except as provided in §210.7, a sidewalk cafe may be enclosed only during the period from October 15th through May 15th.

210.7 If no inspection is required under this section or the Second Amendment to the D.C. Building Code, approved Sept. 21, 1977 (D.C. Law 2-18; 12 DCMR), a sidewalk cafe may be enclosed on any day when the National Weather Service predicts at 8:00 a.m. at the National Airport weather station that, within the next twenty-four (24) hours, the temperature may go above ninety degrees Fahrenheit (90 °F.) or below sixty degrees Fahrenheit (60 °F.); or if the chance of rain is fifty percent (50%) or more; or in the event of rain.

210.8 No enclosed sidewalk cafe shall project more than twenty feet (20 ft.) from the building line, or occupy more than sixty percent (60%) of available surface space; Provided, that all enclosed cafes shall be subject to the provisions of §204.

210.9 In addition to a permit to occupy public space issued under this chapter, an owner shall obtain a separate building permit for an enclosed sidewalk cafe in accordance with §314.3 of the D.C. Building Code (12 DCMR).

210.10 The Committee may waive the requirements of this section, in accordance with the procedures for a contested case under the D.C. Administrative Procedure Act (D.C. Code §1-1509 (1981)), if both of the following criteria are met:

(a) The strict application of this section would result in exceptional practical difficulty because of the shape, topography, or other condition of the particular property or would result in undue hardship; and

(b) Relief can be granted without substantial detriment to the public good or the general purpose of this section.

210.11 Nothing in this section shall be construed to affect the operation or design of an unenclosed sidewalk cafe.

210.12 Nothing in this section shall affect any landlord-tenant relationship as established in a lease or judicial order in effect on the effective date of the Enclosed Sidewalk Cafe Act of 1982 (D.C. Law 4-148).

210.13 The design of a sidewalk cafe shall be approved by the Director.

210.14 Upon the recommendation of the Committee and within ninety(90) days of the effective date of the 1982 Act, the Director shall issue rules establishing standards for the design, traffic and pedestrian safety, and compatibility with the surrounding neighborhood for the rental of public space. These rules shall supplement the requirements of this section.

History

• SOURCE: Article 43, §§3(n), (o) of the Police Regulations (May 1981); as amended by § 6(c) of Enclosed Sidewalk Cafe Act of 1982, D.C. Law 4-148, 29 DCR 3361, 3367 (August 6, 1982).

24 DCMR § 211 [RESERVED]

24 DCMR § 212 [RESERVED]

24 DCMR § 213 [RESERVED]

24 DCMR § 214 [RESERVED]

24 DCMR § 215 VAULTS: GENERAL PROVISIONS

215.1 No excavation or structural work of any kind, including abandonment, shall be done on a vault without a permit; nor shall any vault remain in public space unless authorized by a valid permit issued to the owner.

215.2 Vaults constructed on or after July 1, 1969, are subject to the provisions of the Act, and shall be subject to all applicable portions of all regulations of the District.

215.3 When, in accordance with § 306 of the Act, the Director of Consumer and Regulatory Affairs serves a notice upon an owner informing him or her that the vault is unsafe, the owner shall immediately, upon obtaining the proper permit, make repairs or abandonment in accordance with the specifications of the Department of Consumer and Regulatory Affairs. Repairs or abandonment shall be completed within the time stated in the Director's notice.

215.4 Vaults shall not be used for any purpose prohibited by the Building Code (12 DCMR). Vaults may be used for storage of readily movable personal property, as sales or office space; for the storage of fuel; or for the parking of motor vehicles. Other uses not specifically forbidden by law or regulation may be approved by the Director if the Director finds it is in the public interest to do so.

215.5 Any person who violates any provision of §§ 215 through 219 of this chapter shall be punished by a fine not exceeding three hundred dollars ($300), or by imprisonment for not more than ten (10) days for each and every day the violation continues.

History

• SOURCE: Article 43, §§ 4(a), (c)(1), (f), (i), & (5) of the Police Regulations (May 1981).

24 DCMR § 216 VAULTS EXISTING BEFORE JULY 1, 1969

216.1 Under the conditions of the Act, all permits issued for vaults constructed prior to July 1, 1969, expire on that date; and the owner may elect to do one (1) of the following:

(a) Abandon the vault;

(b) Retain and use the vault; or

(c) Maintain only a portion of the vault, abandoning the remainder.

216.2 The issuance of a permit for the purposes of retaining and using a vault under § 215.2 shall be conditioned on the owner's having first executed and recorded an agreement with the D.C. Recorder of Deeds, on the form provided for this purpose obtainable from the Permit Branch. A certified copy of the recorded agreement shall be furnished to the Department prior to the issuance of a permit. Insurance, or other security, shall be secured and be in effect at the time a permit is issued.

History

• SOURCE: Article 43, § 4(b) of the Police Regulations (May 1981).

24 DCMR § 217 ABANDONMENT OF VAULTS

217.1 If a pre-Act vault is partially abandoned and partially retained under §215.2(c), application shall be made for a permit to abandon. The provisions of §215.3 shall apply to the portion maintained.

217.2 When an owner has notified the Mayor in writing of the abandonment of a vault, rent shall be charged until the Director has verified the abandonment.

217.3 Specifications for abandonment shall be secured from the Underground Locations Section, Department of Public Works. No rent shall be charged for any existing vault abandoned by December 31, 1969.

217.4 When an owner wishes to abandon a vault constructed after July 1, 1969, the provisions of this section regarding abandonment of vaults constructed before that date shall apply.

217.5 When abandonment is in connection with subway construction, the execution of an agreement between the owner and the Washington Metropolitan Area Transit Authority transferring full responsibility to the latter agency shall relieve the owner of all responsibility, including rent; Provided, that the owner notifies the Director in writing, and furnishes an executed copy of the agreement.

History

• SOURCE: Article 43, §§ 4(b)(1), (c)(2), & (e) of the Police Regulations (May 1981); as amended by § 4 of the District of Columbia Solid Waste Regulations Amendments Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24 DCMR § 218 ALTERATION, REPAIR, AND REPLACEMENT OF VAULTS

218.1 A vault may be altered, repaired, or replaced only under permit obtained and issued in accordance with applicable provisions of this chapter.

218.2 Where a new building is to be erected on property adjoining an existing vault, and the vault space is to be used immediately or shortly for the construction of a new vault, the existing vault may be sealed by construction of a solid masonry wall separating it from the private property.

218.3 In the case of a replacement vault under § 218.2, the vault agreement and insurance shall remain in effect, and full responsibility shall rest on the owner. No rent, however, shall be charged for the space until the new vault is constructed, subject to the provisions of §§ 218.4 and 218.5.

218.4 If construction on the new building has not been started within six (6) months following the construction of the sealing wall, rent shall again be charged for the space occupied by the sealed vault at the previous rate until construction is started.

218.5 If construction is suspended after starting, and remains suspended for six (6) consecutive months, rent shall be charged as provided in § 218.4 during the remainder of the period of suspended construction.

History

• SOURCE: Article 43, § 4(d) of the Police Regulations (May 1981).

24 DCMR § 219 INSTALLATION AND ALTERATION OF UTILITIES AND SURFACE CHANGES

219.1 When the Director considers it in the public interest to construct or authorize construction of any utility in, through, under, over, or in place of any vault, the Director shall request the Director of Consumer and Regulatory Affairs to serve a notice on the owner stating the need for the vault space, what portion is required, and the date by which it must be available.

219.2 Within the time specified in the notice required by § 219.1, the owner shall do any work that is necessary to clear the required space.

219.3 The Director is authorized to accept an arrangement between the owner and the utility company under which the utility company shall do all or part of the required work on the vault in conjunction with the utility installation.

219.4 An arrangement as authorized by § 219.3 shall not relieve the owner of any responsibility under the vault permit and the recorded agreement.

219.5 All abandonment or alteration effected by the utility company shall be under permit, and to Department specifications.

219.6 When any change proposed to be made in the roadway, sidewalk, or other surface adjoining a vault will affect the vault, the owner shall be notified as provided in §219.1; and he or she shall make all necessary modifications to the vault within the specified time.

History

• SOURCE: Article 43, § 4(h) of the Police Regulations (May 1981).

24 DCMR § 220 TAX SALES

220.1 Delinquent rent and charges shall be collected in the same manner as delinquent real estate taxes.

220.2 If any tax remains unpaid after two (2) years from the date it is levied, the Director of Finance and Revenue shall send to the property owner a notice of intent to advertise the property for tax sale.

220.3 The notice required by §220.2 shall state, as a minimum, the following information:

(a) The date of the tax sale;

(b) The square and lot number of the property to be sold;

(c) The amount of tax due; and

(d) The last date on which the tax may be paid before the property will be advertised for sale.

History

• SOURCE: Article 43, §4(g) of the Police Regulations (May 1981).

24 DCMR § 221 [RESERVED]

24 DCMR § 222 [RESERVED]

24 DCMR § 223 [RESERVED]

24 DCMR § 224 [RESERVED]

24 DCMR § 225 PUBLIC SPACE PERMIT FEES

225.1 The following schedule of fees shall apply to public space permits:

Description of Permit

Permit Fee

(a) Administrative:

Application Fee (New or Renewal)(Public Utilities Exempt)

$50.00

(b) Temporary Occupancy:

(1) General Temporary Occupancy (fee per month unless otherwise noted)

$50.00

Unless noted in § 225.1(b)(2), all temporary occupancy fees will be fifty dollars ($50.00) per month.

(2) Specific Temporary Occupancy

Notwithstanding the provisions of § 225.1(b)(1), the following specific temporary occupancy fees apply:

(A) Residential Moving Trucks (2 days maximum)

$50.00

(B) Man Hole Access (each occurrence)

$85.00

(C) Man Hole Access (Annual Permit)

$2,585.00

(D) Receptacles for construction debris (e.g., Dumpsters™) placed in public space:

Permit Fee

Per Month

Month 1

$75.00

Months 2

$150.00

Months 3 and 4

$225.00

Month 5 or more

$300.00 + $150.00 for each

month beyond Month 5

(e.g., Month 5 = $300, Month 6

= $450, Month 7 = $600, etc.)

(c) Public Inconvenience Fee

In addition to those fees in paragraph (b) of this subsection, a public inconvenience fee for the temporary occupancy of public space in excess of a one-time thirty (30) calendar day grace period per permit shall be applied as follows:

(1) Within the Central Business District, as defined in 18 DCMR § 9901:

Fee/Sq-Ft/Day

Parking Lane (where no parking meters exist)

Fee established for prohibiting parking in 18 DCMR §§ 2407.20 and 2407.21

1st Travel Lane (to include lanes dedicated for use by bicycles)($2,250 maximum fee per block per 30 days)

$0.040

2nd Travel Lane and Each Additional ($2,250 maximum fee for each lane per block per 30 days)

$0.060

Alley ($2,250 maximum fee per block per 30 days)

$0.020

Sidewalk ($3,000 maximum fee per block per 30 days)

$0.030

Pedestrian Walkway Credit (for 100% of sidewalk area where the pedestrian pathway is maintained per DDOT Pedestrian Safety and Work Zone Standards: Covered and Open Walkway)

-$0.030

(2) Outside the Central Business District, as defined in 18 DCMR § 9901:

Fee/Sq-Ft/Day

Parking Lane (where no parking meters exist)

Fee established for prohibiting parking in 18 DCMR §§ 2407.20 and 2407.21

1st Travel Lane (to include lanes dedicated for use by bicycles)($2,250 maximum fee per block per 30 days)

$0.030

2nd Travel Lane and Each Add’l ($2,250 maximum fee for each lane per block per 30 days)

$0.045

Alley ($2,250 maximum fee per block per 30 days)

$0.015

Sidewalk ($3,000 maximum fee per block per 30 days)

$0.020

Pedestrian Walkway Credit (for 100% of sidewalk area where the pedestrian pathway is maintained per DDOT Pedestrian Safety and Work Zone Standards: Covered and Open Walkway)

-$0.020

(d) Fixture(s) and Paving (in Public Parking):

Permit Fee

Fence

$50.00

Fence w/Brick Piers

$75.00

Retaining Wall

$75.00

Planter Box (each)

$75.00

Coping

$75.00

Steps

$75.00

Over-Height Fence or Wall

$135.00

Minor Repair of Fence, Wall or Paving

$50.00

Paving (up to 150 square feet)

$75.00

(e) Fixture(s) and Paving (other):

Permit Fee

Pay Phone (each)

$75.00

Street Furniture

$135.00

Raised Planter Box(es) on Sidewalk

$135.00

Moveable Planter Box(es) on Sidewalk

$135.00

Bollards

$135.00

Sign(s)

$135.00

Canopy Sockets

$75.00

Paving (up to 150 square feet)

$75.00

Repair/Replace Existing Driveway

$75.00

Close Existing Driveway

$75.00

New Residential Driveway

$75.00

New Commercial Driveway

$135.00

New Circular Driveway

$135.00

Sidewalk Paving (up to 300 linear feet)

$135.00

Curb & Gutter (up to 300 linear feet)

$135.00

Alley Paving/Roadway Paving (up to 300 linear feet)

$135.00

Resurface Roadway (up to 300 linear feet)

$75.00

Subsurface Fuel Tank (each – new or replacement)

$250.00

Other Fixture(s) or paving in public space

$135.00

(f) Building Projections:

Permit Fee

Porches & Steps (each)

$75.00

Areaway (each)

$75.00

Window Well (each)

$75.00

Bay Window (each)

$75.00

Projections Requiring Exception from Building Code (See 12 DCMR A § 3202.4) (each)

$135.00

(g) Grading:

Permit Fee

Roadways, sidewalks and alleys

$0.00

(h) Trees and Landscaping:

Permit Fee

Plant Public Space Tree(s)

$0.00

Remove Public Space Tree(s)

$100.00

Plant Hedge(s)

$75.00

Other Landscaping (Commercial)

$75.00

Prune Street Tree(s)

$75.00

Build New Tree Space(s)

$75.00

Install Tree Fence(s)

$50.00

(i) Minor Excavation:

Permit Fee

Non-House Service

Test Pits, Boring, and Cores (single)

$50.00

Test Pits, Boring, and Cores (Each additional)

$20.00

Monitor Wells (single)

$135.00

Monitor Wells (Each additional)

$20.00

Conduit Relocation (up to 10 linear feet)

$50.00

Other Minor Excavation (up to 100 square feet and not requiring sheeting and shoring)

$85.00

House Service (each premise)

Water/Fire Connection/Abandonment/Repair – up to 2 inch pipe size

$50.00

Water Meter Pit and associated Pipe up to 2 inches

$50.00

Gas Connection/Abandonment/Repair

$50.00

Electric Connection/Abandonment/Repair

$50.00

Communication Connection/Abandonment/Repair

$50.00

Sanitary Sewer Connection/Abandonment/Repair – up to 4 inch pipe size

$85.00

Storm Sewer Connection/Abandonment/Repair – up to 4 inch pipe size

$85.00

(j) Major Excavation:

Permit Fee

Regulator Stations, above and below ground, and associated appurtenances installation or removal (each)

$135.00

Washington Gas and Light – System Monitoring/Telemetric Equipment installation or removal (each)

$85.00

Washington Gas and Light – Non-Emergency maintenance related excavations such as for cathotic protection activities, encapsulations, other O & M activities (each)

$85.00

Gas Service Connection/Abandonment/Repair (each)

$85.00

Electric Service Connection/Abandonment/Repair only

$85.00

Electric Service Connection/Abandonment/Repair and associated Manhole and Conduit (each)

$135.00

Transformer Vault and associated Manhole and Conduit (each)

$250.00

Water/Fire Connection/Abandonment/Repair (each – over 2 inch pipe size)

$85.00

Water Meter Manhole and associated piping(each)

$135.00

Fire Hydrant Installation/Repair/Removal (each)

$85.00

Sanitary/Storm Sewer Connection/Abandonment/Repair (each – over 4 inch pipe size)

$135.00

Sanitary/Storm Sewer Manhole (each)

$135.00

Communication Manhole (each)

$135.00

Utility or Communication Excavation for Pipe, Conduit or Cable (each 200 linear feet or portion thereof)

$135.00

Sheeting and Shoring (each 100 linear feet or portion thereof)

$135.00

Abandonment or Removal of Subsurface Fuel Tank or Vault (each)

$135.00

(k) Overhead Electrical/Communication:

Permit Fee

(1) Install/Remove/Replace Overhead Electrical/Communication Wire

Up to 300 linear feet

$50.00

Each additional 300 linear feet or portion thereof

$20.00

(2) Install/Remove/Replace Utility/Communication Pole with or without Guy Wire

First Pole

$50.00

Each Additional Pole

$20.00

(3) Install/Remove/Replace Guy Wire for Utility/Communication Pole

First Guy Wire

$50.00

Each Additional Guy Wire

$20.00

(l) Moving Overweight, Over-length, or Over-width equipment (excluding permits issued to the federal government):

Permit Fee

Single Trip (each)

$30.00

Round Trip (each)

$50.00

(m) Miscellaneous:

Permit Fee

Per Month

All miscellaneous permits primarily benefitting the applicant

$50.00

(n) Inspection Fee:

Fee per Hour

Additional fee for any needed inspection of paving, repairing or altering of public space

$50.00/hr

(o) Public Space Abutting Business (see § 201.1):

One-Time Permit Fee

Use of public space by operators of abutting businesses

$139.00

Steel Plates:

Public space covered by 1 or more steel plate(s) at any time between and including January 1 and March 31 and between and including November 1 and December 31

$0 per plate for the first 5 days

in public space;

$600 per plate for days 6 through 10 in public space;

$900.00 per plate for all subsequent 5-day periods.

Public space covered by 1 or more steel plate(s) at all other times

$0 per plate for the first 5 days

in public space;

$300 per plate for days 6 through 10 in public space;

$450.00 per plate for all subsequent 5-day periods.

(q) Bus stop:

Use of public space for buses that park, as that term is defined in 18 DCMR § 9901, at a designated location in public space on a regular schedule to pick up and drop off passengers:

Annual fee of two dollars and fifty cents ($2.50) multiplied by the hours per week permitted for occupancy further multiplied by fifty- two (52)

(r) Charging station:

Installation of charging station- reserving the equivalent of 2 parking spaces for electric vehicles

$2,400/year

225.2 Notwithstanding the provisions of § 225.1, ladders and scaffolding placed in residential areas located on unpaved parking shall not require a permit and shall be exempt from the temporary occupancy fee.

225.3 A refund of public space fees shall be made as follows:

(a) If no public space occupancy occurred, or will occur, for the entire duration of the permit authorizing the temporary occupancy, and if the request for the refund is made, in writing, to the Director within one hundred eighty (180) days from the date the permit authorizing the occupancy was issued and the permit and receipt are returned to the public space permit office, all public space fees shall be refunded, except for the following:

A fifty dollar ($50.00) administrative fee to process the refund;

The initial fifty dollar ($50.00) application fee to process the permit; and

The cost of inspection to verify that no occupancy occurred, based on fifty dollars ($50.00) per inspector hour.

(b) Failure to provide a request for refund within the time and manner specified in § 225.3(a) will result in complete forfeiture of all public space fees associated with that permit.

225.4 The penalty for a permit to abate notice of doing work without a permit shall be fifty percent (50%) of the fee.

225.5 Waiver of permit fees pertaining to all public space permits except those issued to the public utility companies. No permit fee shall be charged for the following:

(a) Work done exclusively for the District government;

(b) Changes in existing structures made at the request of the District Government; or

(c) Work done exclusively for agencies of the United States Government.

225.6 No permit fee shall be charged to a public utility, as that term is defined in Section 2 of the Underground Facilities Protection Act of 1980, effective March 4, 1981 (D.C. Law 3-129; DC Official Code § 34-2701), for the following:

(a) Work done exclusively for the District to service District owned fixtures;

(b) Work done exclusively for District buildings and connections to the buildings;

(c) Changes in existing structures made at the request of, or on order from the Mayor of the District;

(d) For mains, conduits, or other structures laid or repaired in advance of new paving purely to avoid cuts, therein and as a result of notification to the permittee from the District that paving is contemplated;

(e) Work done under contract for the District;

(f) Work done to repair damages caused by construction done by the District or by a contractor for the District; or

(g) Work done exclusively for agencies of the United States Government.

225.7 The fees collected pursuant to this section are proceeds collected by the District for the rental of public space and shall be deposited in the Department of Transportation Unified Fund, as provided in paragraph 9c(c)(4) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.11(c)(4)).

225.8 Beginning on October 1, 2010, there shall be imposed a non-refundable technology fee on each public space permit. The technology fee shall be equal to ten percent (10%) of the total amount of the public space permit fee.

225.9 The Director may waive the public inconvenience fee set forth in § 225.1(c) for the temporary occupancy of:

(a) Public space that is being occupied strictly for the purpose of restoring public space following an excavation or construction project, and only for the time needed to restore public space;

(b) A public alley that is totally contained within a work zone associated with a land development or redevelopment project; provided, that the temporary closing will not prohibit the only vehicular or pedestrian access to:

(1) The side or rear of a private property abutting the work zone; or

(2) Another public alley that provides the only vehicular or pedestrian access to the side or rear of abutting private property; or

(c) A public street right-of-way that is totally contained within a work zone associated with a land development or redevelopment project, if:

(1) The street classification, as shown in District records, is a local street or no street classification is shown; and

(2) The temporary closing will not prohibit vehicular or pedestrian access to any private property.

225.10 No public inconvenience fee set forth in § 225.1(c) shall be charged for the renewal of an existing public space permit for the temporary occupancy of public space pertaining to construction or excavation staging, if the original public space permit for temporary occupancy was applied for prior to the implementation date set forth in § 225.11.

225.11 The implementation date of the public inconvenience fee set forth in § 225.1(c) shall be as follows:

For construction staging or excavation on public space associated with construction activities on private property, the public inconvenience fee shall begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register, except where the associated construction is a new building construction or building reconstruction.

For construction staging or excavation on public space associated with new building construction or building reconstruction activities:

The inconvenience fee will begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for projects having one hundred (100) linear feet of street right-of-way frontage or less;

The inconvenience fee shall begin to be assessed on October 1, 2011, for projects having one hundred one (101) to three hundred (300) linear feet of street right-of-way frontage;

The inconvenience fee shall begin to be assessed on April 1, 2012, for projects having three hundred one (301) to seven hundred (700) linear feet of street right-of-way frontage; and

The inconvenience fee shall begin to be assessed on October 1, 2012, for projects having seven hundred one (701) or more linear feet of street right-of-way frontage.

(c) For construction staging or excavation on public space performed by a utility company or other party with infrastructure within the street right-of-way, the public inconvenience fee shall be phased in as follows:

The inconvenience fee will begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for utility work for service projects done for private parties in connection with construction or other improvements on private property; and

The inconvenience fee will begin to be assessed on October 1, 2012, for utility work that is done as a planned system improvement project to upgrade or install new utility main lines.

(d) Notwithstanding §§ 225.1(a) and (b), the inconvenience fee shall begin to be assessed on the date of publication of the final rulemaking notice in the D.C. Register for projects that will cause eighty percent (80%) or more of the street right-of-way width to be closed, except as set forth in § 225.9(c).

225.12

(a) Except for the application fee, permit fees for the occupancy or use of public space, public rights-of-way, or public structures may be waived or reduced for any project that:

(1) Is conducted by a civic association or a Business Improvement District of Community Improvement District established pursuant to the Business Improvement Districts Act of 1996, effective May 19, 1996 (D.C. Law 11-134; D.C. Official Code §§ 2-1215.01 et seq.);

(2) In the Mayor’s determination, serves a public benefit;

(3) Does not impose costs on the District government; and

(4) Does not involve commercial sponsorship.

(b) For the purposes of this subsection, the term “civic association” means any organization that is:

(1) Comprised of residents of the community within which the public space, public right-of-way, or public structure is located;

(2) Operated primarily for the improvement or benefit of the community within which the public space, public right-of-way, or public structure is located; and

(3) Exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3), (4)).

History

• SOURCE: Final Rulemaking published at 27 DCR 3326, 3330 (August 1, 1980); as amended by Final Rulemaking published at 35 DCR 6744 (September 9, 1988); as amended by Final Rulemaking published at 54 DCR 2832 (March 30, 2007); as amended by Final Rulemaking published at 56 DCR 1725 (February 20, 2009); as amended by Final Rulemaking published at 56 DCR 1813 (February 27, 2009); as amended by the Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6364-6366 (July 23, 2010)); as amended by Final Rulemaking published at 58 DCR 1118, 1119 (February 4, 2011); as amended by Final Rulemaking published at 58 DCR 5338, 5340 (June 24, 2011); as amended by Section 6011 of the Fiscal Year 2012 Budget Support Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226, 6293 (July 29, 2011)); as amended by the Public Space Permit Fee Waiver Amendment Act of 2011, effective December 2, 2011 (D.C. Law 19-48; 58 DCR 8943 (October 21, 2011)); as amended by the Civic Associations Public Space Permit Fee Waiver Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-0160; 63 DCR 10775 (August 28, 2016)); as amended by Final Rulemaking published at 69 DCR 003138 (April 8, 2022); as amended by the Fiscal Year 2026 Budget Support Act of 2025, effective December 6, 2025 (D.C. Law 26-55; 72 DCR 009825 (September 12, 2025)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 225

24 DCMR § 226 PUBLIC SPACE PERMITS

226.1 A permit is required for work within, or occupancy of, public space.

226.2 A separate public space permit shall be required for each type of temporary occupancy listed in paragraphs (d) through (k) of § 225.1. In addition, an applicant shall pay the general temporary occupancy fee pursuant to § 225.1(b) for each affected area. Each separate public space permit must be in effect during the specific time period needed to perform the work associated with the permit.

226.3 Notwithstanding the provisions of § 226.2, the Director may waive the requirement for a separate public space permit for temporary occupancy during:

(a) The installation or repair of fixtures and paving located on public parking pursuant to § 225.1(d);

(b) The installation of fixtures pursuant to § 225.1(e); or

(c) The installation of trees or landscaping pursuant to § 225.1(h).

226.4 (a) A permit issued pursuant to paragraphs (d) through (k) of § 225.1 shall become invalid if:

(1) The authorized work is not begun within one (1) year after the issue date shown on the permit; or

(2) The authorized work is suspended or abandoned for a period of one (1) year after the date work is begun.

(b) If an application is filed to renew a permit prior to the permit becoming invalid, the permit fee for the renewal shall be fifty dollars ($50.00).

226.5 A public space permit issued pursuant to this chapter shall be subject to such conditions as may be included on the permit and such other conditions as may be imposed by law or regulation.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 1118, 1131 (February 4, 2011); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 226

24 DCMR § 299 DEFINITIONS

299.1 In addition to the terms and phrases defined in the Act (D.C. Code §7-1001 (1981)), when used in this chapter, the following words and phrases shall have the meanings ascribed, except in those instances where the context clearly indicates a different meaning:

Committee - the Public Space Committee of the District of Columbia as constituted by Commissioner's Order No. 69-502, September 3, 1969.

Department - the D.C. Department of Public Works (D.C. Law 8-31).

Director - the Director of the Department of Public Works, or the Director's agent, representative, or designee.

Enclosed sidewalk cafe - any authorized enclosure of public space as a temporary structure adjacent to a restaurant that consists of no more than one (1) story constructed primarily of light, incombustible, or fire-resistant materials; that does not restrict egress from the properties abutting the restaurant adjacent to the cafe; and that can be removed within a twenty-four (24) hour period.

Unenclosed sidewalk cafe - any authorized use of public space adjacent to a restaurant that contains tables, chairs, railings, or planters, that is open to the sky and at the sides, but may include awnings or umbrellas, and that can be removed within a twenty-four (24) hour period.

Street right-of-way frontage – the section of the public space abutting the affected private property.

Surface space - all the space between the building line and the curb, regardless of whether the space is paved or unpaved.

History

• SOURCE: Article 43, §§2(b), 3(e) the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendments Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989); as amended by Notice of Final Rulemaking published at 58 DCR 1118, 1132 (February 4, 2011).

24-3 ADMINISTRATIVE PROCEDURES FOR SIDEWALK CAFES

24 DCMR § 300 APPLICABILITY

300.1 This chapter shall apply to all sidewalk cafés and shall supplement Chapter 2 of this title and the provisions of D.C. Law 4-148, "The Enclosed Sidewalk Café Act of 1982," as amended (also referred to in this chapter as "the Act").

300.2 A person granted a sidewalk café permit before September 16, 1982, shall, by March 16, 1984, satisfy the requirements of the Act, § 210 of Chapter 2 of this title, and §§ 102.3, 103.2, 200.2, 200.3, 202.7, 206.2, 206.3, 206.4, 206.12, 207.1, 207.2, and 207.3 of this chapter.

300.3 A person granted a Sidewalk Café Permit after September 15, 1982, and before August 26, 1983, shall, on or before September 25, 1983, satisfy the requirements of the Act, § 210 of Chapter 2 of this title, and the subsections of this chapter listed in § 300.2.

300.4 On or before November 26, 1984, a person granted a Sidewalk Café Permit prior to August 26, 1983, shall satisfy the requirements of this chapter that are not listed in § 300.2.

300.5 No person shall be issued a Sidewalk Café Permit after August 26, 1983, unless the proposed sidewalk café meets the requirements of this chapter, § 210 of Chapter 2 of this title, and the Act.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 300

24 DCMR § 301 GENERAL REQUIREMENTS

301.1 No person shall construct or operate a sidewalk cafe except when authorized by the Public Space Committee.

301.2 No person shall operate a sidewalk cafe until issued a Sidewalk Cafe Permit and a Certificate of Use, except as otherwise provided in this chapter.

301.3 No applicant shall be issued a Sidewalk Cafe Permit unless the adjacent property is zoned for legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop or a variance to operate a legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop has been granted to the adjacent property.

301.4 No applicant shall be issued a Sidewalk Cafe Permit unless the applicant saves harmless and indemnifies the District, and its officers, agents, and employees from all suits, claims, charges, and judgments to which the District, its officers, agents, and employees may be subject on account of the issuance of a Sidewalk Cafe Permit, the operation of the sidewalk cafe, or the injury to any person or damage to any property, including the property of the District and the property of the applicant, where the applicant's or the District's property may be damaged or destroyed by the Fire Department or any other agency of the District pursuant to a public emergency or fire.

301.5 No person permitted to operate a sidewalk cafe adjacent to a grocery store shall be permitted to obtain an alcoholic beverage license for that sidewalk café.

301.6 The holder of a Sidewalk Café Permit adjacent to a brewery, winery, or distillery may conduct business operations on a sidewalk café between the hours of 8:00 a.m. and 12:00 a.m., 7 days a week.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346, 4347 (August 26, 1983); as amended by the Grocery Store Sidewalk Café in the Public Space Amendment Act of 20008, effective March 25, 2009 (D.C. Law 17-347; 56 DCR 969 (January 30, 2009)); as amended by the Sidewalk Café and Summer Garden Endorsement Amendment Act of 2015, effective October 22, 2015 (D.C. Law 21-36; 62 DCR 10905, 10934 (August 14, 2015); as amended by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0084; 63 DCR 781 (January 22, 2016)); as amended by the Legitimate Theater Sidewalk Café Authorization Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-0088; 67 DCR 3516 (March 27, 2020)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 301

24 DCMR § 302 AUTHORITY TO ISSUE REQUIRED PERMITS

302.1 The Director of the Department of Regulatory and Consumer Affairs is authorized to issue a Sidewalk Café Permit and a Certificate of Use pursuant to the requirements of this chapter.

302.2 A Sidewalk Café Permit shall be issued when the following conditions are satisfied:

(a) An application to occupy public space has been received by the Director of Regulatory and Consumer Affairs;

(b) The application has been reviewed and approved pursuant to this chapter;

(c) All applicable fees have been paid; and

(d) All insurance requirements have been approved and fulfilled.

302.3 A Certificate of Use for a sidewalk café shall be issued when the following conditions are satisfied:

(a) A Sidewalk Café Permit has been issued;

(b) Where applicable, a Building Permit has been issued;

(c) The sidewalk café has been inspected and approved pursuant to § 306 of this chapter; and

(d) All applicable fees have been paid.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 302

24 DCMR § 303 APPLICATION PROCEDURES FOR A SIDEWALK CAFE PERMIT

303.1 In the case of an unenclosed sidewalk cafe, the applicant shall file for a Sidewalk Café Permit.

303.2 Pursuant to the provisions of the Act, each applicant for a permit for an enclosed sidewalk cafe shall file for a Sidewalk Café Permit and shall file for a Building Permit.

303.3 Each application for a sidewalk cafe shall be signed and approved by the owner of the property abutting the public space to be occupied.

303.4 The application shall be submitted to the Director of Consumer and Regulatory Affairs on the form prescribed for that purpose.

303.5 Upon receipt of a completed application by the Director of Consumer and Regulatory Affairs, the application shall be submitted for review to the appropriate District agencies in accordance with § 304.

303.6 The applicant shall give appropriate notice of the application by posting on the proposed sidewalk cafe location a notice that an application for a Sidewalk Café Permit has been filed with the Director of Consumer and Regulatory Affairs. The notice shall be posted in the manner set forth in this section.

303.7 Notices shall be posted at each street frontage of the property involved and on the front of the building located on the property. All notices shall be in plain view of the public.

303.8 Notices shall be on paper having a minimum size of eight and one-half inches by eleven inches (8 1/2 in. x 11 in.).

303.9 Each notice shall be approved by the Director of Consumer and Regulatory Affairs.

303.10 Each notice shall include the following information:

(a) The date of the application;

(b) The nature of the application;

(c) The name of the applicant;

(d) The Advisory Neighborhood Commission within which the property is located;

(e) The property involved; and

(f) The name and address of the person designated by the Director of Consumer and Regulatory Affairs to receive written comments.

303.11 Within five (5) days after the date the application for a Sidewalk Café Permit has been filed, each applicant shall file with the Director of Consumer and Regulatory Affairs a sworn affidavit demonstrating compliance with the notice provisions of this section.

303.12 Each applicant shall make a reasonable effort to maintain the posted notice by checking the signs at least every five (5) days and by posting new notices as necessary.

303.13 Each application shall include the following:

(a) The location and address of the proposed sidewalk café and a description of the boundaries of the surface space proposed to be occupied;

(b) A statement of the days and times of the week that the sidewalk café will operate, including Saturdays, Sundays, and holidays;

(c) A statement of the anticipated periods of use during the year;

(d) Fifteen (15) copies of the sidewalk café site plan, front and side elevations, appropriate longitudinal and latitudinal sections, and a structural diagram showing the items listed in § 303.14;

(e) In the case of an enclosed sidewalk café, four (4) additional copies of the items required in paragraph (d) of this subsection shall be submitted and the items shall be signed by a structural engineer certified in the District;

(f) Three (3) eight inch by ten inch (8 in. x 10 in.) glossy photographs of the surface space showing the following:

(1) Frontal view;

(2) Sharp angle right side view; and

(3) Sharp angle left side view;

(g) A copy of the required liability insurance as specified by the Director of Consumer and Regulatory Affairs;

(h) A copy of the current Certificate of Occupancy issued by the Director of Consumer and Regulatory Affairs for the existing, abutting legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop (if a current Certificate of Occupancy is in existence); and

(i) A copy of a rental agreement if the surface space is to be used by a person other than the owner of the abutting property.

303.14 The structural diagram required under § 303.13(d) shall show the following:

(a) The width, length, and location of the sidewalk café areas in relation to the surface space;

(b) The location of all tables, chairs, railings, planters, and floor coverings;

(c) The seating capacity of the sidewalk café and the location of exit ways, doors, windows, and aisles;

(d) The separation between the pedestrian space and the sidewalk café space;

(e) The total width and length of the sidewalk adjacent to the sidewalk café and the location of any public improvements within or adjacent to the sidewalk, including, but not limited to, utility poles, fire hydrants, signs, posts, parking meters, bus stops, bus shelters, metrorail station entrances, trees and tree grates, and utility vaults;

(f) The proposed improvements to the public space, including, but not limited to, mechanical ventilation, electrical installation, new sidewalk, walls, flooring, lighting, landscapings, plantings, railings, or other forms of weather protection. When applicable, this information shall be accompanied by the manufacturer's detailed standards and location schedule;

(g) The location of the sidewalk café in relation to the property line, the street curb(s), and to any other sidewalk cafe or awning located on the block face;

(h) The location, height, and dimensions of any canopies, awnings or roofs, if any, and whether the canopies or awnings will be in fixed positions or capable of retraction, folding, or otherwise being moved;

(i) Any object to be affixed or attached to a wall or ceiling of the sidewalk café;

(j) The height and dimensions of any platforms, floors, walls, and dividers;

(k) All sidewalk café construction and structural parts, including the structural adequacy of each;

(l) The location of any fire escapes, drop ladders, and stairs;

(m) The grade of the adjacent sidewalk if the topography deviates from the District standard sidewalk grade;

(n) The location of any fire protection systems, equipment, or appliances; and

(o) The location of any public utility cut-offs.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346, 4348 (August 26, 1983); as amended by the Sidewalk Café and Summer Garden Endorsement Amendment Act of 2015, effective October 22, 2015 (D.C. Law 21-36; 62 DCR 10905, 10934 (August 14, 2015); as amended by the Legitimate Theater Sidewalk Café Authorization Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-0088; 67 DCR 3516 (March 27, 2020)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 303

24 DCMR § 304 REVIEW OF SIDEWALK CAFÉ PERMIT APPLICATION

304.1 Prior to the Public Space Committee review of the application, the application shall be reviewed for compliance with all applicable laws, regulations, rules, and Mayor's orders by the agencies and persons listed in this section.

304.2 If the proposed sidewalk café is located within the "Shipstead Luce" or "Old Georgetown" areas, the applicant shall comply with the conditions of D.C. Official Code §§ 5-410 and 5-1101 et seq. (1981 ed.), and § 219 of Chapter 2 of this title.

304.3 If the proposed sidewalk café is located within a "Historic District," or is attached to a "Historic Landmark", the application shall be referred to the Historic Preservation Review Board, in accordance with D.C. Law 2-144, the "Historic Landmark and Historic District Protection Act of 1978."

304.4 The Director of Consumer and Regulatory Affairs shall forward copies of the application and the plan to the following agencies for the appropriate review:

(a) The Fire Chief, who shall determine whether the proposed sidewalk cafe provides a reasonable degree of safety for life and property from the hazards of fire and explosions in accordance with the D.C. Fire Code and § 313;

(b) The Police Chief, who shall determine whether the proposed sidewalk café will have an effect on the public safety and the policing procedures in the area;

(c) The Director, who shall determine whether the proposed sidewalk café may create an adverse effect on the pedestrian or vehicular traffic in the area, whether the proposed sidewalk café is in compliance with Chapter 2 of this title, and whether the proposed sidewalk café is in compliance with the provisions of this chapter. The Director shall also approve the design of the proposed sidewalk café; and

(d) The Director of the Department of Consumer and Regulatory Affairs, who shall determine whether the proposed sidewalk café will adversely affect the public health and safety, and whether the proposed sidewalk café is in compliance with § 314.

304.5 The Director of Consumer and Regulatory Affairs shall review and preliminarily approve the necessary building permit and shall determine whether the structural adequacy and safety of the proposed construction, and the framing and materials of the proposed sidewalk café are in accordance with the provisions of this chapter and the applicable provisions of the D.C. Building Code. The Director of Consumer and Regulatory Affairs shall also verify the ownership of the adjacent property and whether the property is zoned for or has been granted a variance for the proposed use.

304.6 The Director shall forward one (1) copy of the plan to the following agencies and persons for their review and comments:

(a) The affected Advisory Neighborhood Commission;

(b) The public utility companies that operate or maintain equipment or service in the area beneath the proposed sidewalk café;

(c) The owner or occupants of the adjacent property; and

(d) The Office of Planning, which shall determine whether the proposed sidewalk café is in compliance with District planning and urban design objectives.

304.7 The persons, groups, and agencies listed in § 304.6 shall forward their comments to the Director within thirty (30) days of receipt of the plan and application. Failure to provide comments within the thirty-day (30) period shall result in the Director assuming that the non-responding agency or the non-responding person has no objections to the proposed sidewalk café.

304.8 Except for the Director, the agencies listed in § 304.4 shall forward their comments to the Director of Consumer and Regulatory Affairs within thirty (30) days of receipt of the plan and application. Failure to provide comments within the thirty-day (30) period shall result in the Director of Consumer and Regulatory Affairs assuming that the non-responding agency has no objections to the proposed sidewalk café. The Director of Consumer and Regulatory Affairs shall complete his or her review within the thirty-day (30) period.

304.9 The Director shall forward his or her comments, including a recommendation and the comments received pursuant to § 304.6, to the Director of Consumer and Regulatory Affairs within forty-five (45) days of receipt of the plan and application.

304.10 If a District agency or a utility company has objections or conditions that have not been resolved by the applicant prior to the end of the forty-five day (45) review period, the application and the plan shall be returned to the applicant for resolution of the objections or conditions.

304.11 When applicable, the applicant shall forward a revised plan and application to the Director of Consumer and Regulatory Affairs pursuant to § 303.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 304

24 DCMR § 305 PUBLIC SPACE COMMITTEE REVIEW OF SIDEWALK CAFÉ PERMIT

305.1 Within five (5) days of the satisfaction of the requirements of § 304, the Director of Consumer and Regulatory Affairs shall forward the application, the plan, and all received comments to the Chairperson of the Public Space Committee.

305.2 The Chairperson shall prepare a recommendation on the application and the plan for the Public Space Committee's review and consideration.

305.3 The Chairperson shall place the application on the agenda of the Public Space Committee and shall notify the applicant of the time and place of the meeting.

305.4 The Chairperson shall inform the Advisory Neighborhood Commission or the adjacent property owner or occupant at least twenty-four (24) hours prior to the Public Space Committee meeting where the application is to be considered; Provided, that the Advisory Neighborhood Commission or the adjacent property owner has previously objected to the application pursuant to § 304.7.

305.5 The Public Space Committee shall determine the following:

(a) Whether the proposed sidewalk café adversely affects the public's need for the use of the public space where the sidewalk café is proposed to be located;

(b) Whether the proposed sidewalk café will provide an economic benefit to the District;

(c) Whether the proposed sidewalk café will promote the public use and enjoyment of public space;

(d) Whether the design and location of the proposed sidewalk café is compatible with the other structures and uses in the surrounding area and conforms to the planning objectives for the area; and

(e) Whether the proposed sidewalk café complies with District laws, rules, and regulations.

305.6 The decision of the Public Space Committee shall be submitted to the Director of Consumer and Regulatory Affairs within seven (7) days from the date of the meeting when the application was considered.

305.7 If the application is denied, the Director of Consumer and Regulatory Affairs shall return the application and plan to the applicant.

305.8 If the application is approved, and when the fees listed in § 305.9 have been paid, the Director of Consumer and Regulatory Affairs shall issue the following:

(a) For an application for an unenclosed sidewalk café, a Sidewalk Café Permit; or

(b) For an application for an enclosed sidewalk café, a Sidewalk Café Permit and a Building Permit.

305.9 The appropriate fees, pursuant to § 305.8, shall be paid by check or money order, payable to the "D.C. Treasurer."

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 305

24 DCMR § 306 CERTIFICATE OF USE

306.1 Except as provided in § 306.2, within six (6) months of the issuance of a Sidewalk Café Permit, the applicant shall apply to the Director of Consumer and Regulatory Affairs for a Certificate of Use.

306.2 A person granted a sidewalk café permit prior to the effective date of these rules shall apply, within fifteen (15) months of the effective date of these rules, to the Director of Consumer and Regulatory Affairs for a Certificate of Use.

306.3 An applicant may request that the Director of Consumer and Regulatory Affairs and the Director approve a delay in the application for a Certificate of Use. The request shall be in writing and shall provide sufficient reasons for the delay.

306.4 Upon the recommendation of the Director, the Director of Consumer and Regulatory Affairs may approve any justifiable delay in the issuance of a Certificate of Use. This delay shall not exceed three (3) months.

306.5 The Director of Consumer and Regulatory Affairs shall issue a Certificate of Use when the following conditions have been satisfied:

(a) The sidewalk café has been inspected and the issuance of a Certificate of Use has been approved by the Director and the Director of Consumer and Regulatory Affairs;

(b) The sidewalk café complies with the requirements of this chapter, with the terms and conditions of the Sidewalk Café Permit and, where applicable, the Building Permit;

(c) The sidewalk café has been inspected by the Fire Chief to ensure that it complies with § 313, §§ 316.10 and 316.11, and with any variance or waiver granted pursuant to § 318; and

(d) All applicable fees, including, but not limited to, all present and past sidewalk café rental fees have been paid.

306.6 If the sidewalk café does not comply with the requirements of § 306.5, the request for a Certificate of Use shall be denied.

306.7 Where applicable, the applicant shall be informed by the Director of Consumer and Regulatory Affairs of the reasons why the Certificate of Use has been denied.

306.8 The applicant shall have sixty (60) days to correct any deficiencies and to reapply for a Certificate of Use pursuant to § 306.1.

306.9 A Certificate of Use shall be valid for twelve (12) months and shall be renewed annually on the date specified on the certificate.

306.10 An applicant shall apply for a renewal of the Certificate of Use in accordance with § 306.5.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 306

24 DCMR § 307 EXPIRATION OF SIDEWALK CAFÉ PERMITS

307.1 A Sidewalk Café Permit shall automatically expire if the construction of the proposed café is not commenced within ninety (90) days from the date of the issuance of the Sidewalk Café Permit.

307.2 An applicant may request that the Director of Consumer and Regulatory Affairs and the Director approve a delay in the construction of the sidewalk café. The request shall be in writing and shall provide sufficient reasons for the delay.

307.3 Upon recommendation of the Director, the Director of Consumer and Regulatory Affairs may approve any justifiable delay in the progress of the construction of a sidewalk café. The delay shall not exceed three (3) months.

307.4 If the construction is commenced within the prescribed period, but is not completed within six (6) months from the date the Sidewalk Café Permit was issued, the Director may recommend to the Director of Consumer and Regulatory Affairs that the Building Permit be revoked due to a lack of construction activities.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 307

24 DCMR § 308 REVOCATION OF SIDEWALK CAFÉ PERMITS

308.1 A Sidewalk Café Permit and a Certificate of Use may and can be revoked at any time by the Director of Consumer and Regulatory Affairs upon the request of the Public Space Committee or the Director, for any one (1) of the following reasons:

(a) There is a public need for the use of the surface space;

(b) The applicant has failed to comply with the provisions of this subtitle;

(c) The applicant has failed to make use of the surface space for a period of more than twelve (12) consecutive months after the Sidewalk Café Permit has been issued;

(d) The applicant has failed to comply with the terms or conditions of the Sidewalk Café Permit or the Certificate of Use;

(e) The applicant has failed to comply with the provisions of this chapter or the provisions of the Act;

(f) The applicant has failed to complete the construction of the sidewalk café within six (6) months; or

(g) The applicant has failed to pay any and all applicable fees, including but not limited to, all present and past sidewalk café rental fees.

308.2 The applicant may, within five (5) days of receipt of the notice of revocation, request a hearing. The hearing shall be conducted pursuant to the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code §§ 1-1501 et seq. (1981 ed.)), as amended.

308.3 The applicant shall remove any property placed upon the public space within twenty-four (24) hours following the expiration of the five-day (5) period specified in § 308.2, or on the date determined by the hearing examiner pursuant to the procedure set forth in § 308.2.

308.4 A person shall not operate a sidewalk café subsequent to the revocation of a Sidewalk Café Permit, unless a new Sidewalk Café Permit and a new Certificate of Use has been issued pursuant to this chapter.

308.5 If a Sidewalk Café Permit has been revoked pursuant to § 308.1(f), the Director of Consumer and Regulatory Affairs, upon the recommendation of the Director, may reissue the Building Permit and the Sidewalk Café Permit when the applicant certifies that the construction will comply with the provisions of the initial Building Permit and the initial Sidewalk Café Permit, and that the construction will be pursued on a timely basis.

308.6 Except as provided for in § 308.2, the Director of Consumer and Regulatory Affairs shall restore and reissue a Sidewalk Café Permit and a Certificate of Use upon the approval of the Director and when the conditions that caused the revocation to be issued have been corrected.

308.7 Any costs incurred by the Department, the Department of Consumer and Regulatory Affairs, and any other District agency, as determined by the Director and the Director of Consumer and Regulatory Affairs, in connection with the revocation and the issuance of a new Sidewalk Café Permit and a new Certificate of Use, shall be paid by the applicant before the Sidewalk Café Permit and the Certificate of Use are restored.

308.8 The applicant shall have no recourse against either the United States, the District, or any employee, officer, or agent of the United States or the District, for any loss or damage caused by the revocation of the Sidewalk Café Permit or the Certificate of Use.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 308

24 DCMR § 309 [RESERVED]

24 DCMR § 310 GENERAL STANDARDS FOR ALL SIDEWALK CAFÉS

310.1 All sidewalk cafes shall be classified as a Group F2 Assembly as defined in § 202.7 of the D.C. Building Code, and shall comply with all applicable requirements of § 202.7 of the D.C. Building Code.

310.2 All electrical appliances and fixtures in a sidewalk café shall comply with chapter 1 of the D.C. Electrical Code (Articles 110-50, 410, and 430).

310.3 Installation of mechanical equipment and plumbing fixtures outside of the property line in a sidewalk café shall not be permitted.

310.4 No alcoholic beverages shall be served in a sidewalk café unless the appropriate ABC license is obtained and displayed.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 310

24 DCMR § 311 SIDEWALK LOCATIONAL CRITERIA

311.1 The clear sidewalk space shall be measured from the farthest extended portion of the sidewalk café frontage to the curb line or the nearest obstruction, whichever is nearest to the sidewalk café.

311.2 Recesses in the sidewalk café frontage shall not be used to satisfy the clear sidewalk space requirements.

311.3 The clear sidewalk space shall be measured as parallel to the curb line between the sidewalk café and any obstruction, and in line with normal pedestrian traffic.

311.4 For the purpose of determining clear sidewalk space, the space between a tree and the building line shall be considered unobstructed if the treebox is protected by a tree grate that is flush with the grade of the sidewalk.

311.5 For the purpose of determining clear sidewalk space, trees, streetlight poles, sign poles, fire hydrants, and other objects located on the surface space shall be considered as obstructions.

311.6 Sidewalk cafés located at street intersections shall provide corner clearance by providing a ten-foot (10 ft.) clear space radial to the corner.

311.7 No sidewalk cafés shall be within fifteen feet (15 ft.) of a bus stop, a bus shelter, or a Metrorail station entrance.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 311

24 DCMR § 312 PHYSICAL CRITERIA FOR SIDEWALK CAFÉS

312.1 No portion of a sidewalk café, including, but not limited to, doors, windows, walls, or any other objects designed as part of a sidewalk café or placed within a sidewalk café, shall swing or project beyond the designated exterior perimeter of the sidewalk café; Provided, that this provision shall not apply to fire exit doors which are used exclusively as emergency fire exit doors.

312.2 All furnishings of the sidewalk café including, but not limited to, tables, chairs, and decorative accessories, shall be readily moveable.

312.3 The fixtures of a sidewalk café shall not be bolted or permanently affixed to public space, except that screw sockets may be permitted as a form of anchoring when approved by the Public Space Committee.

312.4 Any object to be affixed or attached to a wall or ceiling of a sidewalk shall be shown on the plan and approved by the Public Space Committee.

312.5 The floor of a sidewalk café shall be at the same elevation as the existing surface space, except as provided in § 312.6.

312.6 In order for the floor of the sidewalk café to be at level grade, the floor of the sidewalk café may be constructed so as not to exceed eighteen inches (18 in.) above the sidewalk where the sidewalk café meets with the adjoining clear sidewalk space.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 312

24 DCMR § 313 LIFE AND FIRE SAFETY STANDARDS

313.1 When a sidewalk café or the adjacent restaurant is occupied, no exit door shall be locked, bolted, or otherwise fastened or obstructed so that the door is unable to be opened from the inside.

313.2 Chairs and tables shall be arranged so as to provide for ready access by aisles to each exit doorway. All aisles shall conform to § 610 of the D.C. Building Code.

313.3 No part of any aisle shall be used in any way that will obstruct its use as an exit or that will constitute a hazardous condition.

313.4 All fire protection equipment shall be kept in working condition. Extinguishers, hoses, and other fire protection appliances required by the Fire Chief shall be visible and convenient at all times.

313.5 All exits in an enclosed sidewalk café shall be marked and lighted in accordance with the D.C. Building Code and the D.C. Electrical Code.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 313

24 DCMR § 314 SANITATION STANDARDS

314.1 If food service is to be provided within a sidewalk café, the provisions of this section shall be followed.

314.2 A waiter, waitress, or an attendant shall be assigned to the sidewalk café for maintenance purposes at all times the sidewalk café is occupied by patrons.

314.3 Food preparation or storage shall not be located within the sidewalk café area.

314.4 All water pitchers, coffee pots and urns, utensils, condiments, containers, and other similar objects within a sidewalk café shall be protected from contamination.

314.5 Sugar, salt, and other condiments shall be packaged or maintained in a covered container.

314.6 Pre-setting of tables in a sidewalk café shall not be permitted unless the silverware is protected from contamination.

314.7 Outdoor seating shall be counted in satisfying restroom requirements, including, but not limited to, quantity, access, and location.

314.8 All access to a sidewalk café from the restaurant shall be provided with doors, screening, or other similar objects.

314.9 Trash and refuse storage shall not be located in the vicinity of a sidewalk café.

314.10 A structure or enclosure to accommodate the storage of garbage shall not be erected, maintained, or placed adjacent to a sidewalk café.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 314

24 DCMR § 315 SPECIAL STANDARDS FOR UNENCLOSED SIDEWALK CAFÉS

315.1 Unenclosed sidewalk cafés shall comply with the provisions of this section and §§ 310, 311, 312, 313, and 314, Chapter 2 of this title, the Act, and all other applicable District laws and regulations.

315.2 The awning, canopy, or umbrellas of an unenclosed sidewalk café shall be adequately secured, retractable, or removable. Framing shall be made or constructed of incombustible or fire-resistant materials. The material used to cover the framing shall be flame-retardant and shall be approved by the Fire Chief.

315.3 The height of the awning of an unenclosed sidewalk café shall not be lower than eight feet (8 ft.) from the floor of the sidewalk café.

315.4 The valance of the awning shall not exceed twelve feet (12 ft.) and shall not exceed a horizontal plane extending from the first floor ceiling of the adjoining building, whichever is less.

315.5 The height of a railing, fence, or planter (including vegetation) shall not be higher than thirty-six inches (36 in.).

315.6 Artificial turf, carpet, platforms, or any other surface cover shall be allowed on the floor area only when specifically approved by the Fire Chief and the Public Space Committee.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 315

24 DCMR § 316 SPECIAL STANDARDS FOR ENCLOSED SIDEWALK CAFÉS

316.1 Enclosed sidewalk cafés shall comply with the provisions of this section and §§ 311, 312, 313, 314, and 317, Chapter 2 of this title, the Act, and all other applicable District laws, rules, and regulations.

316.2 Walls and other materials of an enclosed sidewalk café shall be of incombustible or fire-resistant materials. Awnings or canopies shall be flame-retardant.

316.3 Plastic materials used for any part of an enclosed sidewalk café shall have a Class "C" finished rating as defined in § 901.5 of the D.C. Building Code.

316.4 Interior finishing materials for any part of an enclosed sidewalk café shall comply with the D.C. Building Code.

316.5 The flooring of an enclosed sidewalk café shall be fire-resistant.

316.6 The supporting structure of any enclosed café shall be constructed in a manner that will support a thirty pounds per square foot (30 lbs./ft.2) live load.

316.7 When the combined occupancies of the enclosed sidewalk café and the adjacent restaurant exceed seventy-five (75) persons, two (2) exits shall be provided from the enclosed sidewalk café, one (1) of which shall open directly from the sidewalk, public alley, or public space abutting the enclosed sidewalk café, and one (1) of which may open into the abutting restaurant.

316.8 If two (2) means of egress are required for the adjacent business property, two (2) means of egress shall be required for the enclosed sidewalk café. If one (1) of the exits is in the center of the enclosed sidewalk café and serves the interior of the restaurant, the required aisle width may be increased to a width approved by the Fire Chief and the Director of Consumer and Regulatory Affairs.

316.9 No enclosed sidewalk café shall project more than twenty feet (20 ft.) from the building line or occupy more than sixty percent (60%) of the available surface space; Provided, that a clear sidewalk space of ten feet (10 ft.) is provided in the surface space fronting the enclosed sidewalk café.

316.10 When required to be unenclosed, the enclosed sidewalk café shall be operated with all of its windows opened and so that the enclosed sidewalk café shall not be enclosed from the thirty-six inch (36 in.) base to eight feet (8 ft.) above the sidewalk; Provided, that structural members that are wider or bigger than ten inches (10 in.) shall not be permitted.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 316

24 DCMR § 317 PROCEDURE FOR WAIVER OR MODIFICATION OF STANDARDS

317.1 Pursuant to the provisions of this section, and except as required pursuant to § 317.2, the Public Space Committee, in its discretion, may waive or modify any provision of §§ 310.4, 312.1(d), 312.2, 312.3, 312.4, 312.5, 312.6, 312.7, and §§ 316.6, and 311 and 314 if the waiver or modification does not pose or present any hazard or danger to the public safety, health, or welfare.

317.2 Pursuant to the requirements of this section, the applicant for an enclosed sidewalk café may request that the Public Space Committee waive or modify any provision of § 210 of Chapter 2 of this title or any provision of §§ 303.2, 310.2, 310.3, 312.7, 316.2, 316.3, 316.4, 316.12, or 316.10 of this chapter when the following conditions are satisfied:

(a) The public good or the purpose of this chapter and of the Act are not substantially harmed;

(b) The waiver or modification has been reviewed pursuant to the provisions of § 304 of this chapter;

(c) The waiver or modification enhances the design of the sidewalk café, the general character of the street and the neighborhood, and the overall planning objectives for the area where the sidewalk café is located;

(d) The waiver or modification does not interfere with the design, visibility, or operations of the adjacent buildings or space, or the interest of the general public in the adjacent buildings or space;

(e) The waiver or modification does not cause an adverse impact on pedestrian or vehicular traffic;

(f) The primary objective of the waiver or modification is not to occupy additional public space or to increase the seating capacity of the sidewalk café; or

(g) The strict application of the provision requested to be waived would result in exceptional practical difficulty due to the shape, topography, or other conditions of a particular property, or would result in undue hardship.

317.3 The Public Space Committee shall consider and decide whether to grant or deny the request for a waiver or modification pursuant to § 317.2 after a hearing conducted pursuant to § 109 of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 1-1509 (1981 ed.)), and pursuant to the rules and procedures of Chapter 10 of Title 18 DCMR.

317.4 The applicant shall post a notice of the Public Space Committee hearing date, time, and location at least fifteen (15) days prior to the hearing.

317.5 The notice required under § 317.4 shall be posted according to the provisions of § 303.4 of this chapter.

317.6 The request for a waiver or modification shall be filed with the Director of Consumer and Regulatory Affairs, and shall be considered by the persons and the District agencies pursuant to the time frames and provisions of this chapter, except that the Director of Consumer and Regulatory Affairs may waive, when appropriate, any provision of § 303 of this chapter.

317.7 The request for a waiver or modification shall be in writing and shall state the reason why the waiver or modification is requested.

317.8 When possible, an applicant shall request waiver or modification of the original application filed with the Director of Consumer and Regulatory Affairs.

317.9 If a Sidewalk Café Permit was issued prior to August 26, 1983, the applicant shall request the waiver or modification on or before March 16, 1984, and pursuant to § 317.2.

317.10 If a Sidewalk Café Permit was issued prior to August 26, 1983, the applicant shall request the waiver or modification on or before November 26, 1984, and pursuant to § 317.1.

317.11 A request for a waiver or modification shall not operate as a stay on the requirements of the Act or this chapter.

317.12 At least fifteen (15) days prior to the hearing, the Public Space Committee shall notify the affected Advisory Neighborhood Commission, the adjacent property owners or occupants, and any other person who has submitted a written letter of support of or opposition to the proposed sidewalk café or to the waiver or modification.

317.13 The Department may intervene in any hearing conducted pursuant to this section, or may recommend to the Public Space Committee whether the request for a waiver or modification shall be granted.

317.14 The Public Space Committee shall issue a decision on a request for a waiver or modification within four (4) months of date the request for waiver or modification was filed with the Director of Consumer and Regulatory Affairs.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346 (August 26, 1983). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 317

24 DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise:

Act - the "Enclosed Sidewalk Cafe Act of 1982," effective September 16, 1982 (D.C. Law 4-148), as amended.

Alter or alteration - a change in the design or configuration of either the exterior or interior of a sidewalk café or its site; including, but not limited to, railings, walls, roof, awning, sign, or flooring.

Applicant - a person who is applying for or who has obtained a permit.

Awning or canopy - a temporary roof-like structure over a sidewalk café attached to, supported from, or contiguous to a restaurant.

Building Permit - a permit issued by the Director of Consumer and Regulatory Affairs for the construction, reconstruction, or alteration of an enclosed sidewalk café.

Certificate of Use - a one (1) year renewable certificate, issued upon the recommendation of the Director by the Director of Consumer and Regulatory Affairs, authorizing the use of public space for the purpose of operating a sidewalk café.

Chairperson - the Chairperson of the Public Space Committee.

Clear sidewalk space - the area within a sidewalk that is free from any obstruction and retained solely for the flow, passage, and circulation of pedestrians.

Combustible materials - any material made of or surfaced with wood, canvas, compressed paper, or other material that will ignite and burn. Material shall be considered as combustible even though flame-proofed, fire-retardant treated, or plastered. A material that does not meet the requirements of ASTM E136 shall be classified as a combustible material.

D.C. Building Code- Title 12-A of the District of Columbia Municipal Regulations, "Building Code Supplement," as amended.

D.C. Electrical Code - Title 12-C of the District of Columbia Municipal Regulations, "Electrical Code Supplement," as amended.

D.C. Fire Code - Title 12-H of the District of Columbia Municipal Regulations.

D.C. Police Regulations - the "District of Columbia Police Regulations," as amended.

D.C. Vehicles and Traffic Regulations - Title 18 of the District of Columbia Municipal Regulations, "Vehicles and Traffic," as amended.

Department - the District of Columbia Department of Public Works. [D.C. Law 8-31].

Design - the exterior features of a sidewalk café, including, but not limited to, height, depth, width, appearance, texture, color, dimensions, and nature of materials and signing; and the interior features, including, but not limited to, the table layout, the flooring, the lighting, and the width and the location of aisles and doorways.

Director - the Director of the Department of Public Works, or his or her designated agent.

Director, DCRA - the Director of the Department of Consumer and Regulatory Affairs, or his or her designated agent.

District - The District of Columbia.

Enclosed sidewalk café - any authorized enclosure of public space as a temporary structure adjacent to a restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop that consists of no more than one (1) story constructed primarily of light, incombustible, or fire-resistant materials, which does not restrict egress from the properties abutting the restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop adjacent to the sidewalk café, and which is able to be removed within a twenty-four (24) hour period.

Fast food establishment – a place of business, other than a “prepared food shop”, where food is prepared on the premises and sold to customers for consumption and at least one of the following conditions apply:

(a) The premises include a drive-through;

(b) Customers pay for the food before it is consumed. One characteristic that would satisfy this element would be building permit plans that depict a service counter without seating unless the applicant certifies that the intended principal use is for a restaurant or grocery and that the counter is part of a carry out service that is clearly subordinate to that principal use; or

(c) Food is served on/in anything other than non-disposable tableware. Characteristics that would satisfy this element include, but are not limited to: the building permit plans do not depict a dishwasher or do depict trash receptacles in public areas.

A proposed or existing establishment meeting this definition shall not be deemed to constitute any other use permitted under the authority of these regulations, except that a restaurant, grocery store, movie theater, or other use providing carryout service that is clearly subordinate to its principal use, shall not be deemed a fast food establishment.

Fee - the fee for a Sidewalk Café Permit, a Building Permit, a Certificate of Use, or the public space rental.

Fire Chief - the Fire Chief of the District of Columbia, or the Fire Chief’s designated agent.

Fire-resistant materials - any material that is flame-proof or fire-retardant, pursuant to the applicable law, rule, or regulation.

Incombustible materials - materials meeting the requirements of ASTM E136-73.

Legitimate Theater – A building, or a part of a building, that is designed and used for the presentation of live plays and other forms of dramatic performance. The facility typically has a stage or other performing area plus tiers of seats for the audience, or other arrangements for the audience to sit or stand to view the performance.

Obstruction - Any physical object, item, material, or structure.

Owner - the holder of the legal title to real property as recorded in the Office of the Recorder of Deeds in the Department of Finance and Revenues of the District of Columbia.

Prepared food – food that is assembled, but not heated by means other than microwave or toaster, on the premises of a prepared food shop.

Prepared food shop – a place of business that offers seating or carry out service, or both, and which is principally devoted to the sale of prepared food, non-alcoholic beverages, or cold refreshments. This term includes an establishment known as a sandwich shop, coffee shop, or an ice cream parlor.

Police Chief - the Police Chief of the District of Columbia Metropolitan Police Department, or the Police Chiefs designated agent.

Public space - all the publicly owned property between the property lines on a street.

Public Space Committee - the committee established for the purpose of making final determinations in cases involving the use of public space as specified by Mayor's Order No. 77-150, as amended.

Restaurant – a place of business that does not meet the definition of a “fast food establishment” or “prepared food shop”, where food, drinks, or refreshments are prepared and sold to customers primarily for consumption on the premises. Any facilities for carryout shall be clearly subordinate to the principal use providing prepared foods for consumption on the premises.

Sidewalk - the portion of surface space located between the curb line and the building line intended for the use of pedestrians.

Sidewalk café - an enclosed sidewalk café or an unenclosed sidewalk café.

Sidewalk Café Permit - a revocable permit, issued by the Director of Consumer and Regulatory Affairs upon the recommendation of the Public Space Committee and pursuant to the provisions of this chapter and Chapter 2 of this title (Article 43 of D.C. Police Regulations), authorizing the use and occupation of public space in the District of Columbia.

Surface space - all space between the building line and the curb, regardless of whether the space is paved or unpaved.

Unenclosed sidewalk café - any authorized use of public space adjacent to a restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop that contains tables, chairs, railing, or planters which is open to the sky and at the sides, but may include awnings or umbrellas, and which is able to be removed within a twenty-four (24) hour period.

History

• SOURCE: Final Rulemaking published at 30 DCR 4346,4363 (August 26, 1983); as amended by § 4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, effective September 20, 1989 (D.C. Law 8-31; 36 DCR 4750, 4753 (July 7, 1989)); as amended by the Sidewalk Café and Summer Garden Endorsement Amendment Act of 2015, effective October 22, 2015 (D.C. Law 21-36; 62 DCR 10905, 10934 (August 14, 2015); as amended by the Legitimate Theater Sidewalk Café Authorization Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-0088; 67 DCR 3516 (March 27, 2020)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 399

24-4 FARMERS' MARKETS AND FISH WHARFS

24 DCMR § 400 FARMERS' MARKETS

400.1 The following sidewalks and parking spaces are designated as farmers' street markets, and may be used by farmers for the temporary display and sale of farm products in accordance with the applicable provisions of this chapter:

(a) That portion of the sidewalk on the north side of O Street, N.W., between Seventh and Eighth Streets, N.W., and that portion of the sidewalk on the west side of Seventh Street, N.W., between O and P Streets, N.W., adjacent to the market house owned by the Northern Market Company;

(b) That portion of the sidewalk and parking space on the northside of K Street, N.W., between Fourth and Fifth Streets, N.W., and that portion of the sidewalk on the east side of Fifth Street, N.W., between K and L Streets, N.W., adjacent to the market house known as "New Center Market" (formerly Convention Hall Market);

(c) That portion of the sidewalk and northeast corner of Lot 824 in Square 2551, which is a square that is bordered by the south side of Columbia Road between Belmont Road, N.W., and 18th Street, N.W., and the west side of 18th Street, N.W., between Columbia Road and Belmont Road, N.W., adjacent to the Perpetual American Federal Savings and Loan Association; Provided, that prior written consent of the owner of the property has been obtained for the display and sale of farm products; and

(d) That portion of the sidewalk and parking space on the west side of Wisconsin Avenue, N.W., that extends southward from Grace Street, N.W., for fifty feet (50 ft.), adjacent to Lot 811 in Square 1188.

400.2 Spaces on each of the sidewalks and parking spaces listed in §400.1 for display and sale of farm produce by farmers shall be laid off and numbered in accordance with plats that shall have been submitted to, and approved by, the Department of Consumer and Regulatory Affairs.

400.3 Spaces for display and sale of farm produce shall be not more than eight feet (8 ft.) long and not more than four feet (4 ft.) wide.

400.4 Farm products may be displayed for sale on temporary removable stands not more than four feet (4 ft.) high on each of the numbered spaces.

400.5 All stands shall be removed from the spaces when not in use.

400.6 Farm products may be displayed and sold at the farmers' markets between the hours of 6:00 a.m. and 3:00 p.m. daily. On Saturdays and days before holidays, the time may extend until 8:30 p.m.

400.7 No owner of any market house, or any other person, shall rent or lease to any person, either directly or indirectly, or occupy for gain, any public sidewalk, parking space, or other public space adjacent to any of the listed market houses, except as provided in this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §1 of the Commissioner's Order No. 273,040/128, effective May 10, 1932; §412 of the District.of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
• SOURCE: Article 5, §§1(a) & (b), 2(a), (b), & (d) of the Police Regulations (May 1981); as amended by §2 of the Police Regulations Amendment Act of 1981, D.C. Law 4-65, 28 DCR 5038 (November 27, 1981).

24 DCMR § 401 MARKET SPACE FEES

401.1 The Director of the D.C. Department of Consumer and Regulatory Affairs, the Director's designee, or some other person designated by the owners of the farmers' market houses for that purpose, may collect forty cents (40¢) from each farmer for each of the spaces the farmer occupies each day.

401.2 At the time of making each collection of forty cents (40¢), each farmer from whom the collection is made shall receive a printed and numbered ticket receipt for the amount collected.

401.3 The printed and numbered ticket receipts shall be furnished by the District of Columbia, in space lots of one hundred (100) or multiples of one hundred (100), through the Department of Consumer and Regulatory Affairs, upon payment of fifteen cents (15¢) for each ticket receipt.

401.4 The Director shall issue receipts in writing for all moneys received from the sale of ticket receipts, and shall deposit all moneys on the day received with the D.C. Treasurer.

401.5 The twenty-five cent (25¢), difference between the price of fifteen cents (15¢), paid to the District and the amount of forty cents (40¢), collected from each farmer may be retained by the respective owners of the market houses as full compensation for cleaning all sidewalks, parking space, and other public space adjacent to their respective market houses, and for the use of electric lights when required, where farmers occupy space for the sale of products.

401.6 No owner of any market house named in §400, or any other person, shall collect from any farmer, or other person, any money whatsoever in addition to the sum of forty cents (40¢) for the occupancy of the spaces named, except as provided in this section.

401.7 The owners of any market house, or any person designated by them, may furnish trays, trestles, and other equipment to the occupants of any of the spaces provided for the sale of farm products, and may provide storage for those materials when not in use.

401.8 For all service or equipment furnished, the owners may collect from each occupant, separate and above the occupancy fee of forty cents (40¢) per space, one of the following:

(a) A sum not exceeding twenty-five cents (25¢) for each weekday; and

(b) A sum not exceeding forty cents (40¢) for each Saturday, or day preceding a holiday, when the time is extended to 8:30 p.m.

History

• SOURCE: Article 5, §§2(c) & (d) of the Police Regulations (May 1981).

24 DCMR § 402 [RESERVED]

24 DCMR § 403 [RESERVED]

24 DCMR § 404 [RESERVED]

24 DCMR § 405 MUNICIPAL FISH WHARF AND MARKET

405.1 This section provides for the control, regulation, and operation of the municipal fish wharf and market located at the water frontage on the Potomac River lying south of Maine Avenue, between Eleventh and Twelfth Streets, S.W., including the buildings and wharves on that frontage.

405.2 No person shall drink, transfer possession of, or dispense in any manner any alcoholic beverages except within the portions of the market building occupied by tenants having a license to sell or dispense these beverages.

405.3 No person shall engage in any disorderly or boisterous conduct, or loaf at or on the premises of fish wharf and market, or fish or go in bathing from the wharf.

405.4 No person shall throw paper, rubbish, trash, or refuse of any kind on the wharves, walks, roadways, or other market premises, or in the street fronting the same.

405.5 All paper, rubbish, trash, or refuse shall be placed in receptacles and removed by tenants to a space set aside for that purpose.

405.6 Each tenant shall keep his or her place of business in a clean and sanitary condition.

405.7 The Director of Consumer and Regulatory Affairs, or the Director's designee, shall have authority to direct the parking and arrangement of all vehicles on the market premises; and all persons in charge of vehicles on the market premises shall conform to all directions given by the Director.

405.8 No person shall park any vehicle on the market premises, except while transacting legitimate business at the market or wharves.

405.9 No person shall solicit sales or orders for any commodity being sold from any boat or other vessel, except at the wharf at which the boat or vessel is docked.

405.10 No owner, operator, or other person in charge of, or employed in connection with, any boat or other water craft shall sell or offer for sale from any boat or other water craft anchored at the fish wharf, any fish, oysters, or other sea food unless the sea food has been transported to the wharf on the boat from which it is sold or offered for sale, or unless it has been purchased from a person other than the person who caught it.

405.11 No person shall sell from any boat anchored at the fish wharf any watermelons or other farm products unless the watermelons or other farm products have been transported to the wharf for or purchased from the producer of the products.

405.12 No person shall engage in shucking oysters for the public until he or she has been given a permit and identification badge by the market master.

405.13 An oyster shucking permit may be revoked at any time.

405.14 No person shall ply his or her trade of shucking oysters for the public except on the portion of the market premises designated for this purpose by the Director.

405.15 No person shall dock any boat or other water craft at the municipal fish wharf and market without a permit issued by the Director; except boats carrying cargoes of fish, oysters, or other seafood products, or watermelons or other farm products. Issuance of a permit shall be based on a finding that the dockage applied for will not interfere with the dockage of boats carrying cargoes of fish, oysters, or other seafood products.

405.16 A non-cargo dockage permit may be issued for not more than four (4) consecutive days in any one (1) calendar month; and then only upon the condition that, should the dockage space be required by any boat carrying cargoes of fish, oysters, or other seafood products, the person to whom the permit has been issued shall immediately remove his or her boat from the dock upon the request of the Director.

405.17 The fees for non-cargo dockage permits shall be the following:

(a) For boats not more than fifty feet (50 ft.) in length, one dollar ($1) per day;

(b) For boats fifty-one feet (51 ft.) to one hundred feet (100 ft.) in length, two dollars ($2) per day; and

(c) For boats over one hundred feet (100 ft.) in length, five dollars ($5) per day.

History

• SOURCE: Article 5, §§3, 4, & 5 of the Police Regulations (May 1981).

24-5 VENDORS

24 DCMR § 500 PURPOSE

500.1 The provisions of this chapter are issued pursuant to the authority under Sections 5 and 18 of Mayor-Commissioner Regulation No. 74-39, enacted December 13, 1974 (21 DCR 1285), as amended by the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293); Reorganization Plan No. 1 of 1986, effective August 21, 1986; the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619); and Mayor’s Order 2010-91, dated May 27, 2010.

500.2 This chapter shall regulate the implementation and execution of the vending and soliciting laws and related health, traffic, and safety concerns of the District and its citizens.

500.3 Nothing in this chapter is intended to interfere with the exercise of activities pursuant to the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-352; D.C. Official Code §§ 5-331.01 et seq. (2008 Repl.)).

History

• SOURCE: Article 4, §§13-15, 17 of the Police Regulations for the District of Columbia; 54 Board of Commissioners' Minutes § 1304(a), 1304(d), effective October 17, 1933; as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 501 AGENCY RESPONSIBILITIES

501.1 The Director of the Department of Consumer and Regulatory Affairs (DCRA Director) shall be responsible for:

(a) Coordinating all vending activities in the District of Columbia;

(b) Reviewing applications for, and issuing, Vending Business Licenses to vendors in the District;

(c) Distributing Vending Site Permits for Vending Locations approved by the District Department of Transportation (DDOT) Director (DDOT Director) as meeting the standards established by the DDOT Director, pursuant to §§ 525, 532, and 535;

(d) Enforcing this chapter’s provisions, including the requirement that vendors vend only from their assigned Vending Locations; provided, that the Department of Health (DOH) Director (DOH Director) shall be responsible for the application and enforcement of Subtitle A (Food and Food Operations) of Title 25 of the District of Columbia Municipal Regulations (DCMR) to food vendors holding Class A and Class C Vending Business Licenses;

(e) Creating and maintaining a database of all vendors issued Vending Business Licenses, including any specific Vending Location assigned to each vendor;

(f) Designating the categories of merchandise or services that may be vended under a specific class of Vending Business License and, where authorized under this chapter, designating specific categories of merchandise or services that may be vended at a specific Vending Location;

(g) Establishing the authorized hours of operation for vendors and, where authorized under this chapter, establishing specific hours of operation at a specific Vending Location; and

(h) Establishing standards regarding the design, maintenance, and operations of vendors and vending equipment.

501.2 The DDOT Director shall be responsible for:

(a) Designating, modifying, and waiving, as appropriate, the standards for Vending Locations, pursuant to § 524, § 532, and §§ 533 through 537;

(b) Approving locations on public space where public markets may be located and issuing public space permits for public markets on public space;

(c) Assisting, as appropriate, with the enforcement of the provisions of this chapter.

501.3 The Metropolitan Police Department (MPD) shall be responsible for:

(a) Enforcing District laws and regulations prohibiting unlicensed vending activities;

(b) Enforcing any criminal laws, including laws regarding assault, harassment, and intimidation, in connection with vending; and

(c) Assisting, as appropriate, with the enforcement of the provisions of this chapter.

501.4 The DOH Director shall be responsible for:

(a) Designating the categories of food that may be vended in accordance with Subtitle A (Food and Food Operations) of Title 25 of the District of Columbia Municipal Regulations (DCMR);

(b) Reviewing and either approving or denying applications for food vendors holding Class A and Class C Vending Business Licenses or other certificates of authority required in accordance with Chapter 37, Subtitle A (Food and Food Operations) of Title 25 of the DCMR for the vending of food from public or private spaces;

(c) Inspecting food vending operations and vending depots in accordance with Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(d) Enforcing the application of Subtitle A (Food and Food Operations) of Title 25 of the DCMR to food vendors.

501.5 The Fire and Emergency Medical Services Department (FEMS) shall be responsible for:

(a) Reviewing and issuing permits for the use of open flame and propane gas in food vending operations and conducting fire safety-related inspections of vending businesses; and

(b) Enforcing District laws and regulations pertaining to any operational permits required under Subtitle H (Fire Code Supplement) of Title 12 of the DCMR.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)), as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82, 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by §40 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective March 8, 1991 (D.C. Law 8-237; 38 DCR 314, 329 (January 11, 1991)); as amended by Final Rulemaking published at 41 DCR 7787 (December 2, 1994); as amended by D.C. Act 12-256 (45 DCR 1172 (March 6, 1998)); as amended by Final Rulemaking published at 52 DCR 5953 (June 24, 2005); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 502 GENERAL LICENSURE REQUIREMENTS

502.1 No person shall vend any product, service, or merchandise from public space in the District of Columbia without obtaining and maintaining a valid:

(a) Basic business license for vending (Vending Business License) issued by the DCRA Director, except as provided by § 502.3;

(b) Vending Site Permit assigned pursuant to § 508 if the vendor is located on a public sidewalk, pursuant to § 530 if the vendor is a Stationary Roadway Vendor, or pursuant to § 533 if the vendor is a Mobile Roadway Vendor.

502.2 In addition to the requirements specified in § 502, no person shall vend food from public or private space in the District of Columbia without obtaining and maintaining a valid:

(a) Health inspection certificate issued by the DOH Director;

(b) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs in accordance with § 203.1 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR;

(c) Certified Food Protection Manager Identification Card issued by DOH in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR; provided, that a vendor without such certification may employ a person who holds a valid:

(1) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs in accordance with § 203.3 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(2) Certified Food Protection Manager Identification Card issued by DOH in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR;

(d) Required food safety analyses and plans in accordance with § 3701 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(e) Permit from FEMS, if the vendor uses propane gas, open flames, or solid fuels such as wood pellets or charcoal.

502.3 The licenses and permits required under §§ 502.1 and 502.2 shall be subject to any conditions imposed by the District agency issuing or assigning the license, permit, or certificate.

502.4 A Vending Business License shall not be required for:

(a) Employees of licensed vendors, but such employees shall be required to obtain and display at all times a Vendor Employee Identification Badge pursuant to § 564.1;

(b) Persons authorized to sell products, merchandise, food, or services at a licensed or permitted Public Market, as that term is defined in § 541 A individual under eighteen (18) years of age, if the person holds a valid permit or other form of authorization issued by the District of Columbia Public Schools and is accompanied by a licensed vendor;

(c) Certain vending activities authorized by the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-352; D.C. Official Code §§ 5-331.01 et seq. (2008 Repl.)); or

(d) Persons authorized to sell products, merchandise, food, or services at a licensed or permitted Special Event, as that term is defined in § 599.

502.5 A Vending Business License is issued only to the licensee and may not be sold, transferred, conveyed, or otherwise assigned to any other person.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 502 of the District of Columbia Revenue Act of 1984, effective September 26, 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 32 DCR 7586 (December 27, 1985); as amended by D.C. Act (45 DCR 1172 (March 6, 1998)); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 503 VENDING BUSINESS LICENSE: CLASSES OF LICENSES

503.1 The DCRA Director shall issue the following classes of Vending Business Licenses:

(a) Class A Licenses – A Class A Vending Business License shall authorize a person to vend food, other than food prohibited from public or private space under § 503.3(a) or (m); provided, that the vendor holds any food licenses and certificates required under Subtitle A (Food and Food Operations) of Title 25 of the DCMR;

(b) Class B Licenses – A Class B Vending Business License shall authorize a person to vend merchandise, other than food and merchandise prohibited from public space under § 503.3. For the purposes of this subsection, the term “merchandise” shall include non-hazardous and non-controlled cut flowers, dried flowers, and potted plants;

(c) Class C Licenses – A Class C Vending Business License shall authorize a person to manage public markets on public or private space for the sale of agricultural goods and other farm products, or other food as designated by the DOH Director, and other non-food merchandise or services as designated by the DCRA Director; and

(d) Class D Licenses – A Class D Vending Business License shall authorize a person to vend services from public space, including photography, shoe shining, and other such services as the DCRA Director designates.

503.2 No person shall vend any items other than those allowed under the particular class of Vending Business License issued to the person.

503.3 No vendor shall sell or public market manager allow the sale of the following categories of merchandise or food:

(a) Live animals;

(b) Power tools;

(c) Luggage exceeding six inches by eighteen inches by twenty inches (6 in. x 18 in. x 20 in.);

(d) Rugs and carpets exceeding the surface area of the vendor’s vending cart or stand;

(e) Household appliances, including refrigerators, microwave ovens, dishwashers, stoves, and televisions with screen sizes greater than seven inches (7 in.);

(f) Alcoholic beverages or other alcoholic items for consumption;

(g) Any drug, medicine, chemical, or compound or combination thereof restricted by the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code §§ 47-2885.01 et seq. (2005 Repl.));

(h) A controlled substance as defined in § 102(4) of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02(4) (2009 Repl.));

(i) Drug paraphernalia, as the term is defined in § 2(3) of the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code § 48-1101(3) (2009 Repl. & 2012 Supp.));

(j) Any merchandise that is pornographic or obscene;

(k) Any counterfeit merchandise;

(l) Any adulterated food, as the term is defined in § 9901 of Title 25, Subtitle A (Food and Food Operations) of the DCMR;

(m) Categories of foods that are determined by DOH to be not “generally recognized as safe” (GRAS) as interpreted by the United States Food and Drug Administration (FDA); and

(n) Any plants, other than non-controlled and non-hazardous cut flowers, dried flowers, and potted plants.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 502 of the District of Columbia Revenue Act of 1984, effective September 26, 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); by § 2 of the Vendors Regulation Amendment Act of 1988, effective May 21, 1988 (D.C. Law 7-121; 35 DCR 2674 (April 15, 1988) and 35 DCR 2874 (April 22, 1988)); as amended by Final Rulemaking published at 32 DCR 1347 (March 8, 1985); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 35 DCR 7586 (December 27, 1985); and as amended by § 116 of the Omnibus Budget Support Act of 1993, effective September 30, 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 504 VENDING BUSINESS LICENSE: APPLICATION AND FEES

504.1 An applicant for a Vending Business License shall meet all applicable business licensing criteria, shall file an application with DCRA, and shall pay all applicable fees.

504.2 Application for a Vending Business License shall be made on a form prescribed by DCRA and shall include the following information:

(a) The name and address of the owner of the vending business;

(b) The class(es) of Vending Business License being sought;

(c) A description of the type of merchandise or service to be offered for sale;

(d) A description of the vending vehicle, vending cart, or vending stand to be used (not applicable to Class C license applicants), including an eight inch by ten inch (8 in. x 10 in.) color photograph of such vehicle, cart, or stand, if available at the time of application or when approved pursuant to § 570 as part of a vending development zone;

(e) An indication of the Vending Locations the applicant wishes to occupy, in their order of preference (not applicable to Class C license applicants);

(f) A Clean Hands Certification;

(g) A copy of the applicant’s certificate of registration, issued by the Office of Tax and Revenue, designating the applicant’s sales and use tax number;

(h) If the applicant is not a resident of the District of Columbia:

(1) The name and address of a registered agent upon whom service of process and other legal notices may be delivered; or

(2) A designation of the Mayor as the person who may accept service of process as well as other legal notices directed to the applicant;

(i) If the applicant is applying for a Class A or Class C license, the applicant shall complete all forms required by:

(1) DCRA, as specified in §§ 504.1 and 504.2; and

(2) DOH, as specified in § 502.2;

(j) A valid telephone number;

(k) A passport-sized color photograph of the applicant, if the applicant himself or herself will be vending; and

(l) Any additional information required by the DCRA Director or by the DOH Director for Class A or Class C licenses.

504.3 The DCRA Director shall not issue a Vending Business License if:

(a) The applicant’s Vending Business License has been revoked within the past one (1) year;

(b) The application for renewal of a Vending Business License has been denied under § 507; or

(c) The applicant has been:

(1) Convicted for vending without a license;

(2) Issued a notice of infraction by DCRA for vending without a license;

(3) Convicted for a criminal offense committed while vending with a license;

(4) Issued a notice of infraction by DOH for vending without a food vending license; or

(5) Failed to pay fines for violations of Subtitle A (Food and Food Operations) of Title 25 of the DCMR issued by DOH.

504.4 An applicant whose license application is rejected pursuant to §§ 504.3(a), (b), or (c)(1) through (c)(3) shall not be eligible to receive a Vending Business License until one (1) year after the date of the revocation, denial, arrest, ticket, or notice of infraction.

504.5 An applicant must be at least eighteen (18) years of age to be eligible to be issued a Vending Business License; provided, that such age restriction shall not preclude an individual from becoming an employee of a duly licensed Vendor and being issued a Vendor Employee Identification Badge pursuant to § 564.

504.6 In addition to the application and endorsement fees for a basic business license, the fees charged for Vending Business Licenses shall be in the amounts listed in Chapter 5 (Basic Business License Schedule of Fees) of Title 17 of the DCMR.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974); as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)) ; as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 505 VENDING BUSINESS LICENSE: ISSUANCE

505.1 Within forty-five (45) days of filing a complete application for a Vending Business License, the applicant shall be notified by the DCRA Director of the issuance or denial of the license.

505.2 If the application is approved, the DCRA Director shall issue a Vending Business License to the applicant; provided, that if the applicant has applied for a Class A or Class C Vending Business License, no license shall be issued by the DCRA Director until the applicant has received all necessary licenses, permits, and authorizations from DOH and any other District agency.

505.3 The Vending Business License shall include the vendor’s name, the class of license, and the date of expiration.

505.4 All Vending Business Licenses shall be valid for two (2) years from the date of issuance, unless the DCRA Director designates another time period in writing.

505.5 If the application is denied, the DCRA Director shall follow the procedures set forth in § 507.

505.6 The DCRA Director and DOH Director shall return an incomplete application to the applicant without either approving or denying the application.

505.7 A Vending Business License will not be issued until a Vending Location has been designated pursuant to §§ 538-540.

History

• SOURCE: Section 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 32 DCR 1347 (March 8, 1985); as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); as amended by Final Rulemaking published at 53 DCR 372 (January 20, 2006); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 506 VENDING BUSINESS LICENSE: EXPIRATION AND RENEWAL

506.1 Each Vending Business License shall be valid for the period designated on the license, unless the license is earlier revoked, suspended, or seized.

506.2 Not less than forty-five (45) days before the expiration of a Vending Business License, the licensee shall submit a renewal application to DCRA on a form prescribed by the DCRA Director, and by the DOH Director if vending food, as specified in § 504.2(i).

506.3 No application to renew a Vending Business License shall be approved if the applicant does not hold the valid licenses, permits, and registrations required for an initial applicant for a Vending Business License under § 504.

506.4 If the license renewal application is not approved, the DCRA Director shall follow the procedures set forth in § 507.

506.5 Upon the expiration of a person’s Vending Business License, the DCRA Director may seize that person’s Vending Business License, Vending Site Permit, health inspection certificate, and FEMS propane and open flame permit.

History

• SOURCE: Section 116 of the Omnibus Budget Support Act of 1993, effective September 30, 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 507 VENDING BUSINESS LICENSE: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE

507.1 The DCRA Director may revoke or suspend a Vending Business License, or deny an application for the issuance or renewal of a Vending Business License, for any of the following:

(a) Fraud, misrepresentation, or false statements contained in the license application;

(b) Fraud, misrepresentation, or false statements made in connection with the selling of any product, service, or merchandise, as determined by the DCRA Director, or the misrepresentation or adulteration of food, as determined by the DOH Director;

(c) Violation of any District law or regulation governing the operation of the vending business, including, but not limited to:

(1) The possession or sale of counterfeit merchandise; or

(2) The offering for sale of illegal goods, substances, or services;

(d) The vendor is vending at a location other than the vendor’s assigned Vending Location;

(e) Violations of the Clean Hands Certification requirements;

(f) Fraud committed against the District government, such as failure to pay required sales and use taxes, or attempting to transfer a Vending Business License, Vending Site Permit, or a Mobile Roadway Vending Site Permit to another person in violation of §§ 502.5, 510.4, and 514.3, respectively;

(g) The vendor is found to have committed the same violation of the following sections of this chapter six (6) or more times in a continuous twelve (12) month period:

(1) §§ 544 through 554;

(2) §§ 556 through 568; or

(3) § 571; or

(h) The vendor is found to have violated § 555 of this chapter.

507.2 The DCRA Director may summarily suspend and seize a Vending Business License, without prior notice to the vendor or an opportunity to be heard, for:

(a) The possession, sale, or offering for sale of counterfeit merchandise;

(b) The sale of adulterated food, as the term is defined in § 9901 of Subtitle A of Title 25 of the DCMR, when a determination is made by the DOH Director that the food is adulterated;

(c) Failure to provide all required certificates of authority upon demand by an authorized District government official;

(d) Any activity or condition that constitutes a threat to the public health or safety, including the health or safety of the vendor; or

(e) Failure to pay fines assessed by the Office of Administrative Hearings for violations of Subtitle A of Title 25 of the DCMR issued by DOH.

507.3 Except for a summary suspension or seizure pursuant to § 507.2, upon the suspension or revocation of a vendor’s Vending Business License under this section, the DCRA Director shall provide the vendor with written notice of that action and of the vendor’s right to appeal to the Office of Administrative Hearings.

507.4 If a person’s Vending Business License is summarily suspended pursuant to § 507.2, or pursuant to DCMR Title 25, Subtitle A, § 4409 by the DOH Director for Food Code violations, or if a person’s application for initial issuance or renewal of a license is denied, the person may appeal the summary suspension or denial to the Office of Administrative Hearings.

507.5 A notice issued by the DCRA Director under this section shall be mailed by first-class U.S. mail. If the notice establishes a specific date for a hearing, the notice shall be mailed at least ten (10) business days prior to the date of the hearing.

507.6 Upon revocation or suspension, including summary suspension, of a person’s Vending Business License, the DCRA Director may immediately seize the person’s Vending Business License and Vending Site Permit.

507.7 A vendor shall surrender his or her Vending Business License and Vending Site Permit within seven (7) days from the date of the receipt of the notice in § 507.5.

507.8 If a person’s Vending Business License is revoked or suspended (including summarily suspended) under this section, the DCRA Director shall provide notice of the revocation or suspension to the Office of Tax and Revenue, DDOT, MPD, and, if the business holds a Class A License, to DOH.

507.9 If a person’s Vending Business License is summarily suspended or seized pursuant to § 507.2(e) and in accordance with DCMR Title 25, Subtitle A, § 4714, the DOH Director shall provide notice of the summary suspension or seizure to DCRA, the Office of Tax and Revenue, DDOT, and MPD.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 508 VENDING SITE PERMIT: GENERAL REQUIREMENTS AND FEES

508.1 No person may vend from the public space in the District of Columbia without a Vending Site Permit issued by the DCRA Director pursuant to this chapter; provided, that a holder of a Class C Vending License may manage vendors from public space upon the issuance of a public space permit to the holder by DDOT and Mobile Roadway Vending vehicles may vend pursuant to § 533.

508.2 A Vending Site Permit shall not be required for:

(a) Persons authorized to sell products, merchandise, food, or services at a licensed Public Market or;

(b) Persons authorized to sell products, merchandise, food, or services at a licensed or permitted Special Event.

508.3 The Vending Site Permit shall authorize the permittee to occupy a specific Vending Location for the purpose of vending.

508.4 A vendor may vend only at the assigned Vending Location stated on his or her Vending Site Permit.

508.5 In addition to the authorities cited in § 524, the DCRA Director, the DDOT Director, or MPD may eliminate a Vending Location without prior notice for public safety or transportation reasons, construction requirements, or Special Event operations.

508.6 The DCRA Director may revoke a Vending Site Permit and require the previously permitted vendor to vacate his or her Vending Location or relocate to another Vending Location pursuant to § 512.

508.7 The annual fee for a Vending Site Permit for sidewalk vending locations shall be six hundred dollars ($600).

508.8 The fee for a monthly Vending Site Permit in the Nationals Park Vending Zone shall be one hundred twenty-five dollars ($125) per monthly lottery, as described in § 529.

508.9 The fee for a monthly Vending Site Permit for stationary roadway vending at Vending Locations designated by § 530 shall be four hundred and fifty dollars ($450) per monthly lottery.

508.10 The annual fee for a Mobile Roadway Vending site permit shall be three hundred dollars ($300) as described in § 533.

History

• SOURCE: Section 502 of the District of Columbia Revenue Act of 1984, effective September 26, 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); as amended by Final Rulemaking published at 32 DCR 5746, 5747 (October 11, 1985) ; as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 509 VENDING SITE PERMIT: APPLICATION

509.1 A person shall submit an application for a Vending Site Permit to the DCRA Director with the person’s application for an initial Vending Business License.

509.2 A licensed vendor may submit an application for a Vending Site Permit to the DCRA Director separately from an application for a Vending Business License if:

(a) The vendor is seeking to change his or her Vending Location; or

(b) The vendor is seeking to add an additional Vending Location.

509.3 The application for a Vending Site Permit shall be made on a form prescribed by the DCRA Director and shall include such information and documents as may be required by the DCRA Director and the District agency issuing or assigning the license, permit, or certificate.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 502 of the District of Columbia Revenue Act of 1984, effective September 26, 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 510 VENDING SITE PERMIT: ISSUANCE

510.1 Upon the submission of a completed application, the DCRA Director shall issue a Vending Site Permit if:

(a) The applicant holds:

(1) A valid Vending Business License; or

(2) A current receipt for payment of all relevant Vending Business License fees;

(b) The applicant has identified and applied for a Vending Site Permit for a Vending Location that meets DDOT standards, pursuant to §§ 524-528, or through the creation of a Vending Development Zone, pursuant to § 570;

(c) A vendor shall have a right of preference for the issuance of a Vending Site Permit for a Vending Location if:

(1) The individual received a site permit for the same location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16- 252; 54 DCR 3037);

(2) The individual has vended in the location continuously and exclusively without sale, assignment, transfer, or other conveyance of the location to another vendor or individual, whether sold, assigned, transferred, or conveyed for money or anything else of value; and

(3) The vendor is vending in a location that is in compliance with this chapter;

(d) The merchandise, food, or services is authorized to be vended at the available Vending Location;

(e) The applicant provides a Clean Hands Certification; and

(f) The applicant has paid all the required fees.

(g) The DCRA Director may use a lottery to assign Vending Site Permits for designated unoccupied Vending locations, if necessary.

510.2 No more than one (1) vendor may occupy an assigned Vending Location, unless the DCRA Director specifies on the Vending Site Permit that the Vending Location is subject to a shared site agreement between several licensed vendors.

510.3 The Vending Site Permit shall delineate the specific site, zone, dates and times of validity.

510.4 A Vending Site Permit is issued only to the permittee and may not be sold, transferred, conveyed, or otherwise assigned to any other person.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 32 DCR 134 (March 8, 1985); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 32 DCR 7586 (December 27, 1985); as amended by § 3 of the District of Columbia Noise Control Act of 1977 Amendment Act of 1986, effective February 24, 1987 (D.C. Law 6-180; 33 DCR 7660 (December 12, 1986)); as amended by Final Rulemaking published at 34 DCR 2021 (March 27, 1987); as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); as amended by Final Rulemaking published at 52 DCR 5953 (June 24, 2005); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 511 VENDING SITE PERMIT: EXPIRATION AND RENEWAL

511.1 A Vending Site Permit, other than for stationary roadway vending or Nationals Park Vending Zone vending sites, shall be issued for a term of one (1) year unless another time period is designated in writing by the DCRA Director.

511.2 A vendor shall apply for renewal of the vendor’s Vending Site Permit, other than for stationary roadway vending or Nationals Park Vending Zone vending sites, at least forty-five (45) days prior to the expiration date on the permit.

511.3 Upon expiration of a vendor’s Vending Site Permit and in the absence of an application to renew the permit, the Vending Site Permit shall no longer be valid and the vendor shall immediately surrender the Vending Site Permit to the DCRA Director. If the Vending Site Permit is not immediately surrendered, the DCRA Director may seize the expired Vending Site Permit. If the surrendered or seized Vending Site Permit is the only permit associated with the Vending Business License, the vendor’s Vending Business License shall be put on hold pursuant to § 568.

History

• SOURCE: Final Rulemaking published at 32 DCR 3178 (June 7, 1985); as amended by Final Rulemaking published at 31 DCR 4935, 4937 (October 5, 1994); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 512 VENDING SITE PERMIT: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE

512.1 The DCRA Director may summarily revoke or suspend a Vending Site Permit at any time, without prior notice to the vendor or an opportunity to be heard, if:

(a) The Vending Location associated with the Vending Site Permit is not eligible for authorization as a Vending Location under this chapter or any other applicable law or regulation;

(b) The DDOT Director has eliminated the Vending Location associated with the Vending Site Permit;

(c) The Vending Location, or the vending-related activities at the Vending Location, constitute a threat to public safety; or

(d) The vendor is operating in a manner that is in violation of the terms or conditions of the Vending Site Permit or in violation of this chapter, including an attempt to transfer, convey, or sell the Vending Site Permit to another person.

512.2 Except for a summary revocation or suspension pursuant to § 512.1, upon the suspension or revocation of a vendor’s Vending Site Permit, the DCRA Director shall provide the vendor with written notice of that action and of the vendor’s right to appeal to the Office of Administrative Hearings, and may immediately seize the Vending Site Permit and Vending Business License, pursuant to § 511.3.

512.3 If the surrendered or seized Vending Site Permit is the only permit associated with the Vending Business License, the vendor’s Vending Business License shall be put on hold pursuant § 568.

512.4 If a vendor’s Vending Site Permit is summarily suspended or revoked by the DCRA Director pursuant to § 512.1, the vendor may appeal the summary suspension or revocation to the Office of Administrative Hearings.

512.5 A notice issued by the DCRA Director under this section shall be mailed by first-class U.S. mail. If the notice establishes a specific date for a hearing, the notice shall be mailed at least ten (10) days prior to the date of the hearing.

512.6 A vendor’s Vending Site Permit may be suspended or revoked if the vendor has not conducted any vending for six (6) months at the Vending Location associated with the Vending Site Permit; provided, that this provision shall not apply to a vendor who has placed his or her Vending Business License on hold pursuant to § 568.

512.7 If a vendor’s Vending Business License is suspended or revoked, any Vending Site Permit associated with that Vending Business License shall also be suspended or revoked.

512.8 If a person’s Vending Site Permit is revoked or suspended (including summarily suspended) under this section, the DCRA Director shall provide notice of the revocation or suspension to DDOT, MPD, and, if the business holds a Class A License, to DOH.

History

• SOURCE: Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 32 DCR 7586 (December 27, 1985); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 513 MOBILE ROADWAY VENDING SITE PERMIT: APPLICATION

513.1 A person seeking to vend pursuant to § 533 shall submit an application for a Mobile Roadway Vending (MRV) Site Permit to the DCRA Director with the person’s application for an initial Vending Business License.

513.2 The application for a MRV Site Permit shall be made on a form prescribed by the DCRA Director and shall include such information and documents as may be required by the DCRA Director and the District agency issuing or assigning the license, permit, or certificate.

History

• SOURCE: Section 2 of the Vendors Regulation Amendments Act of 1978 (D.C. Law 2-82, 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 35 DCR 3249 (May 6, 1988); as amended by Final Rulemaking published at 46 DCR 4512 (May 21, 1999); as amended by Final Rulemaking published at 49 DCR 1945 (March 8, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 514 MOBILE ROADWAY VENDING SITE PERMIT: ISSUANCE

514.1 Upon the submission of a completed application, the DCRA Director shall issue a MRV Site Permit if:

(a) The applicant holds

(1) A valid Vending Business License; or

(2) A current receipt for payment of all relevant Vending Business fees;

(b) The applicant provides a Clean Hands Certification; and

(c) The applicant has paid all the required fees.

514.2 The MRV Site Permit shall permit MRV vehicles to vend from legal parking spaces in public space.

514.3 A MRV Site Permit is issued only to the permittee and may not be sold, transferred, conveyed, or otherwise assigned to any other person.

History

• SOURCE: Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 515 MOBILE ROADWAY VENDING SITE PERMIT: EXPIRATION AND RENEWAL

515.1 A MRV Site Permit shall be issued for a term of two (2) years unless another time period is designated in writing by the DCRA Director.

515.2 A MRV shall apply for renewal of the MRV Site Permit at least forty-five (45) days prior to the expiration date on the permit.

515.3 Upon expiration of a MRV Site Permit and in the absence of an application to renew the permit, the MRV Site Permit shall no longer be valid and the vendor shall immediately surrender the MRV Site Permit to the DCRA Director. If the MRV Site Permit is not immediately surrendered, the DCRA Director may seize the expired MRV Site Permit. If the surrendered or seized MRV Site Permit is the only permit associated with the Vending Business License, the vendor’s Vending Business License shall be put on hold pursuant to § 568.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 32 DCR 1347 (March 8, 1985); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 32 DCR 7586 (December 27, 1985); as amended by Final Rulemaking published at 35 DCR 3249 (May 6, 1988); as amended by Final Rulemaking published at 42 DCR 1955 (April 28, 1995); as amended by Final Rulemaking published at 42 DCR 3060 (June 16, 1995); as amended by Final Rulemaking published at 42 DCR 7105a (December 22, 1995); as amended by § 2 of the Vending Site Lottery Assignment Amendment Temporary Act of 1996, effective October 2, 1996 (D.C. Law 11-163, 43 DCR 3733 (July 19, 1996)); as amended by Final Rulemaking published at 44 DCR 3505 (June 20, 1997); as amended by Final Rulemaking published at 44 DCR 4691 (August 15,1997); as amended by Final Rulemaking published at 44 DCR 7304 (November 28, 1997); as amended by Emergency and Proposed Rulemaking and Notice of Public Hearing published at 45 DCR 468 (January 23, 1998) [EXPIRED]; as amended by Final Rulemaking published at 46 DCR 4512 (May 21, 1999); as amended by Final Rulemaking published at 46 DCR 4516 (May 21, 1999); as amended by Final Rulemaking published at 52 DCR 5953 (June 24, 2005); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 516 MOBILE ROADWAY VENDING SITE PERMIT: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE

516.1 The DCRA Director may summarily revoke or suspend a MRV Site Permit at any time, without prior notice to the vendor or an opportunity to be heard, if the vendor is operating in a manner that is in violation of the terms or conditions of the MRV Site Permit or in violation of this chapter, including an attempt to transfer, convey, or sell the MRV Site Permit to another person.

516.2 Except for a summary revocation or suspension pursuant to § 516.1, upon the suspension or revocation of a vendor’s MRV Site Permit, the DCRA Director shall provide the vendor with written notice of that action and of the vendor’s right to appeal to the Office of Administrative Hearings and may immediately seize the MRV Site Permit and Vending Business License, pursuant to § 515.3.

516.3 If the surrendered or seized MRV Site Permit is the only permit associated with the Vending Business License, the vendor’s Vending Business License shall be put on hold pursuant § 568.

516.4 If a vendor’s MRV Site Permit is summarily suspended or revoked by the DCRA Director under this section, the vendor may appeal the summary suspension or revocation to the Office of Administrative Hearings.

516.5 A notice issued by the DCRA Director under this section shall be mailed by first-class U.S. mail. If the notice establishes a specific date for a hearing, the notice shall be mailed at least ten (10) days prior to the date of the hearing.

516.6 If a vendor’s Vending Business License is suspended or revoked, any MRV Site Permit associated with that Vending Business License shall also be suspended or revoked.

516.7 If a person’s MRV Site Permit is revoked or suspended (including summarily suspended) under this section, the DCRA Director shall provide notice of the revocation or suspension to DDOT, MPD, and, if the business holds a Class A License, to DOH.

History

• SOURCE: Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 517 HEALTH INSPECTION CERTIFICATE: GENERAL

517.1 No person shall vend food in the District unless DOH has issued a valid health inspection certificate for the vending vehicle, cart, or stand, or public market from which the food is vended.

517.2 A health inspection certificate shall be valid for six (6) months or until the time of the next inspection, whichever is earlier.

517.3 A person shall not be issued a Class A or Class C Vending Business License, or a Vending Site Permit for a Class A or Class C Vending Business License, until the person receives a health inspection certificate from DOH.

History

• SOURCE: Final Rulemaking published at 32 DCR 1347 (March 8, 1985); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 518 HEALTH INSPECTION CERTIFICATE: APPLICATION

518.1 A person shall apply for a health inspection certificate with the information and documents required by, and pursuant to the procedures of, the DOH Director. The DOH Director may require that a vendor submit to DOH the business address of the supplier of all prepared foods that the person intends to vend as required in Chapter 37, Subtitle A (Food and Food Operations) of Title 25 of the DCMR.

History

• SOURCE: Final Rulemaking published at 41 DCR 7787 (December 2, 1994); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 519 HEALTH INSPECTION CERTIFICATE: ISSUANCE

519.1 The DOH Director shall review and either approve or disapprove an application for the issuance of a health inspection certificate.

519.2 [RESERVED].

519.3 [RESERVED].

History

• SOURCE: Final Rulemaking published at 41 DCR 7787 (December 2, 1994); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 520 [RESERVED]

History

• SOURCE: Article 4, § 21-26 of the Police Regulations for the District of Columbia, 54 Board of Commissioners' Minutes 1304(a), 1304(d); as amended by Commissioners Order 298,426/13, 57 Board of Commissioners' Minutes 444, April 3, 1936; as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 521 FOOD PROTECTION MANAGER CERTIFICATE

521.1 No person shall operate a Class A vending business unless that person, or an individual employed by that person, holds a valid:

(a) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs, in accordance with DCMR Title 25, Subtitle A, § 203.1; and

(b) DOH-issued a Certified Food Protection Manager Identification Card, in accordance with DCMR Title 25, Subtitle A, § 203.3.

521.2 Application for a food protection manager certificate and certified food manager identification card shall be made to DOH on forms and in the manner prescribed by the DOH Director.

History

• SOURCE: Article 31 of the Police Regulations for the District of Columbia (May 15, 1970); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 522 PROPANE AND OPEN FLAME PERMIT

522.1 No person shall operate a vending vehicle, cart, or stand that uses propane, open flames, or solid fuels such as wood pellets or charcoal, without meeting the following standards:

(a) The person shall hold a valid propane or open flame permit from FEMS; and

(b) A vending vehicle, cart, or stand that uses propane cylinders in excess of sixty pounds (60 lbs.) shall have received the approval of the Fire Marshal.

522.2 Application for a propane or open flame permit shall be made to FEMS on a form and in the manner prescribed by FEMS or the Fire Marshal.

History

• SOURCE: Article 31 of the Police Regulations for the District of Columbia (May 15, 1970); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 523 HOOD SUPPRESSION SYSTEM APPROVAL

523.1 No person shall operate a vending vehicle, cart, or stand that includes a deep fryer (or other cooking equipment that would require a hood suppression system) unless the vehicle, cart, or stand is protected with a hood suppression system, that has been inspected and approved by FEMS.

History

• SOURCE: Article 31 of the Police Regulations for the District of Columbia (May 15, 1970); as amended by § 37 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective March 8, 1991 (D.C. Law 8-237, 38 DCR 314, 328 (January 11, 1991)); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 524 VENDING LOCATIONS: GENERAL

524.1 The DDOT Director shall approve Vending Locations that meet the standards for locations on streets, sidewalks, and other public spaces where vending may be permitted pursuant to §§ 525, 532, 533 and 535. Proposed sidewalk Vending Locations may be submitted to the DDOT Director by DCRA or as part of a vendor’s Vending Site Permit application.

524.2 The DDOT Director may eliminate a previously designated Vending Location if:

(a) The DDOT Director determines that the designated Vending Location is no longer in compliance with District law or regulations;

(b) The DDOT Director determines that the operation of a vending business at the location constitutes a threat to the public safety; or

(c) The DDOT Director determines that the interests of the District or the public would be better served if the public space occupied by the Vending Location is designated for another use or for open space.

524.3 The DDOT Director may eliminate a Vending Location assigned to a vendor under § 510.1; provided, that the vendor shall have the opportunity, within thirty (30) days of the elimination of the Vending Location, to identify a location that the vendor believes meets the criteria under §§ 524-528; provided further, that if the identified location is approved by the DDOT Director, the vendor shall be issued a new Vending Site Permit for the new Vending Location by the DCRA Director at no cost to the vendor.

524.4 The DDOT Director shall re-evaluate a Vending Location when a vendor issued a Vending Site Permit under § 510.1(c) ceases to vend at that Vending Location. In its re-evaluation, the DDOT Director shall utilize the provisions of § 524.2.

History

• SOURCE: Omnibus Budget Support Act of 1993, effective September 30, 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 525 VENDING LOCATIONS: SIDEWALK VENDING

525.1 All sidewalk Vending Locations shall be in accordance with the following standards:

(a) Sidewalk Vending Locations shall only be located along streets within:

(1) The Central Vending Zone;

(2) Neighborhood Vending Zones;

(3) The Old Georgetown Vending Zone; and

(4) The Nationals Park Vending Zone.

(b) No more than three (3) sidewalk Vending Locations shall be designated on any side of any city block;

(c) No sidewalk Vending Location shall be designated:

(1) In front of a predominately residential building outside the Central Vending Zone;

(2) On the median strip of a divided roadway, unless the strip is intended for use as a pedestrian mall or plaza;

(3) Along the length of a Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;

(4) In a location that is on or that impedes free access to service or ventilation grates or covers;

(5) On a restricted street designated in § 526.3; or

(6) Within any area under the exclusive jurisdiction of the United States Park Police, the United States Capitol Police, or any other agency of the United States government;

(d) Within the Central Vending Zone, sidewalk vending shall be prohibited on sidewalks unless:

(1) A ten foot (10 ft.) clear passageway is maintained;

(2) The street is specifically exempted in § 526; or

(3) The DDOT Director waives this restriction pursuant to § 525.2;

(e) Outside the Central Vending Zone, sidewalk vending shall be prohibited on sidewalks unless:

(1) A seven foot (7 ft.) clear passageway is maintained;

(2) The sidewalk is specifically exempted in §§ 527, 528, or 529; or

(3) The DDOT Director waives this restriction pursuant to § 525.2;

(f) No sidewalk Vending Location shall be designated within:

(1) Twenty feet (20 ft.) of the driveway entrance to a police or fire station;

(2) Ten feet (10 ft.) of any other driveway;

(3) Ten feet (10 ft.) of an alley;

(4) Ten feet (10 ft.) of another sidewalk Vending Location;

(5) Twenty feet (20 ft.) of the street-level entry to a Metrorail escalator;

(6) Ten (10 ft.) of the street-level door to a Metrorail elevator;

(7) A marked loading zone, entrance zone, or parking space designated for diplomatic parking, or other curbside location restricted for certain vehicles or uses;

(8) One hundred feet (100 ft.) of the entrance to a District or federal courthouse, or within such greater distance as may be designated by the DDOT Director upon the written request of the courthouse administrator;

(9) Ten feet (10 ft.) of a fire hydrant or in-ground fire stand pipe;

(10) One hundred feet (100 ft.) of the main entrance to a building that is predominantly used for a primary or secondary school, unless operations at the Vending Location are restricted to non-school days and time periods on school days that begin at least thirty (30) minutes after school has been dismissed at the end of the school day. The DDOT Director may increase the minimum distance that a sidewalk Vending Location may be located from a specific school upon the written request of the Chancellor of the District of Columbia Public Schools or the principal of that school;

(11) Twelve feet (12 ft.) of any crosswalk when on the vehicle approach side of the Vending Location and crosswalk;

(12) Five feet (5 ft.) from any crosswalk when not on the vehicle approach side of the Vending Location and crosswalk; and

(13) Five feet (5 ft) from a building’s marked fire control room.

525.2 Upon the request of the DCRA Director, the DDOT Director may waive the minimum passageway requirement of §§ 525.1(d) or 525.1(e) if the DDOT Director determines there will not be an adverse impact on, among other things, pedestrian circulation and public safety. The DCRA Director shall note on the Vending Site Permit the issuance of the waiver by the DDOT Director.

525.3 The passageway required by §§ 525.1(d) and 525.1(e) shall be measured from the closest allowable projection of the vending cart or stand to the nearest building, private property line, or interruption of the public space by a public amenity or fixture, whichever is nearest.

History

• SOURCE: Final Rulemaking published at 36 DCR 6846 (September 29, 1989); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 526 VENDING LOCATIONS: CENTRAL VENDING ZONE

526.1 The Central Vending Zone shall have the following boundaries:

(a) Beginning at the northeast corner of Massachusetts Avenue, NW, at 11th Street, NW;

(b) East along the north curb of L Street, NW, to the west curb of mid-block alley between 9th Street, NW, and 10th Street, NW;

(c) North along the center of the alley to the south curb of M Street, NW;

(d) East along the south curb of M Street, NW, to the west curb of 9th Street, NW;

(e) North along the west curb of 9th Street, NW, to the north curb of N Street, NW;

(f) East along the north curb of N Street, NW, to the east curb of 6th Street, NW;

(g) South along the east curb of 6th Street, NW, to the north curb of Massachusetts Avenue, NW;

(h) East along the north curb of Massachusetts Avenue, NW, to the west curb of North Capitol Street, NW;

(i) North along the west curb of North Capitol Street, NW, to the north curb of Q Street, NW;

(j) East along the north curb of Q Street, NE, to the west curb of Eckington Place, NE;

(k) North along the west curb of Eckington Place, NE, to the north curb of R Street, NE;

(l) East along the north curb of R Street, NE, in a straight line to the north curb of New York Avenue, NE;

(m) East along the north curb of New York Avenue, NE, to the east curb of 9th Street, NE;

(n) South along the east curb of 9th Street, NE, to the east curb of Brentwood Parkway, NE;

(o) South along the east curb of Brentwood Parkway, NE, to the east curb of 6th Street, NE;

(p) South along the east curb of 6th Street, NE, to the south curb of M Street, NE;

(q) West along the south curb of M Street, NE, to the east curb of 5th Street, NE;

(r) South along the east curb of 5th Street, NE, to the south curb of H Street, NE;

(s) West along the south curb of H Street, NE, to the east curb of 3rd Street, NE;

(t) South along the east curb of 3rd Street, NE, to the north curb of Independence Avenue, SE;

(u) West along the north curb of Independence Avenue, SE, to the east curb of 2nd Street, SE;

(v) South along the east curb of 2nd Street, SE, to the south curb of C Street, SE;

(w) West along the south curb of C Street, SE, to the east curb of 1st Street, SE;

(x) South along the east curb of 1st Street, SE, to the south curb of D Street, SE;

(y) West along the south curb of D Street, SE, to the east curb of New Jersey Avenue, SE;

(z) South along the east curb of New Jersey Avenue, SE, to the south curb of Interstate 695;

(aa) East along the south curb of Interstate 695 to east curb of Water Street, SE;

(bb) South from the east curb of Water Street, SE, in a straight line to the west bank of the Anacostia River, SE;

(cc) West along the north bank of the Anacostia River, SE, to the east curb of 11th Street, SE;

(dd) South along the east curb of 11th Street, SE, to the east curb of Martin Luther King, Jr. Avenue, SE;

(ee) South along the east curb of Martin Luther King, Jr. Avenue, SE, to the north curb of Suitland Parkway, SE;

(ff) North along Suitland Parkway, SE, to the South Capitol Street Bridge;

(gg) West along the South Capitol Street Bridge to the east bank of the Anacostia River, SE;

(hh) South along the west bank of the Anacostia River, SE, to the east bank of the Potomac River, SW;

(ii) North along the east bank of the Potomac River, SW, to the west curb of the Potomac Parkway to Rock Creek Parkway;

(jj) North along Rock Creek Parkway in a straight line to the north curb of N Street, NW;

(kk) East along the north curb of N Street, NW, to the west curb of New Hampshire Avenue, NW;

(ll) Northeast along the west curb of New Hampshire Avenue, NW, to the west curb of 20th Street, NW;

(mm) North along the west curb of 20th Street, NW, to the north curb of P Street, NW;

(nn) East along the north curb of P Street, NW, to west curb of Dupont Circle, NW;

(oo) North along the west curb of Dupont Circle, NW, to the north curb of Massachusetts Avenue, NW; and

(pp) East along the north curb of Massachusetts Avenue, NW, to the northeast corner of Massachusetts Avenue, NW and 11th Street, NW.

526.2 The following streets in the Central Vending Zone shall be exempt from the requirement that a minimum ten foot (10 ft.) clear passageway be maintained; provided, that each of the following vending sites shall maintain a seven foot (7 ft.) clear passageway:

(a) East and west sides of 19th Street, NW, between Constitution Avenue, NW and C Street, NW;

(b) East and west sides of 20th Street, NW, between Constitution Avenue, NW and C Street, NW; and

(c) East and west sides of 21st Street, NW, between Constitution Avenue, NW and C Street, NW.

526.3 Except for Vending Locations approved as part of a Vending Development Zone under § 570, no sidewalk Vending Locations shall be designated on the following streets in the Central Vending Zone:

(a) East side of 2nd Street, NE, between K Street, NE, and East Capitol Street;

(b) East side of 10th Street, NW, between E Street, NW, and Pennsylvania Avenue, NW (Federal Bureau of Investigation building);

(c) East side of 12th Street, NW, between Constitution Avenue, NW, and Pennsylvania Avenue, NW (Internal Revenue Service building (southern half of block), and Old Post Office building (northern half of block));

(d) East side of 12th Street, NW, between I Street, NW, and K Street, NW;

(e) East side of 12th Street, NW, between New York Avenue, NW, and G Street, NW;

(f) East side of 13th Street, NW, between L Street, NW, and Massachusetts Avenue, NW;

(g) East side of 14th Street, NW, between Constitution Avenue, NW, and D Street, NW (John A. Wilson Building, Ronald Reagan Building and International Trade Center, and Commerce Department building);

(h) East side of 22nd Street, NW, between F Street, NW, and G Street, NW;

(i) East side of 24th Street, NW, between Pennsylvania Avenue, NW, and L Street, NW;

(j) East side of 24th Street, NW, between Virginia Avenue, NW, and G Street, NW;

(k) East side of 25th Street, NW, between H Street, NW, and I Street, NW;

(l) East side of 26th Street, NW, between I Street, NW, and K Street, NW;

(m) East and west sides of Delaware Avenue, SW, between M Street, SW, and H Street, SW;

(n) East and west sides of Half Street, SE, between M Street, SE, and I Street, SE;

(o) East and west sides of Half Street, SW, between M Street, SW, and I Street, SW;

(p) East and west sides of New Hampshire Avenue, NW, between Virginia Avenue, NW, and I Street, NW;

(q) East and west sides of 1st Street, SW, between Independence Avenue, SW, and C Street, SW;

(r) East and west sides of 1st Street, SW, between M Street, SW, and mid- block between M Street and N Street, SW;

(s) East and west sides of 2nd Street, SE, between M Street, SE, and D Street, SE;

(t) East and west sides of 3rd Street, SW, between M Street, SW, and I Street, SW;

(u) East and west sides of 5th Street, NW, between H Street, NW, and K Street, NW;

(v) East and west sides of 6th Street, SW, between M Street, SW, and G Street, SW;

(w) East and west sides of 8th Street, NW, between E Street, NW, and D Street, NW;

(x) East and west sides of 9th Street, NW, between G Street, NW, and H Street, NW;

(y) East and west sides of 21st Street, NW, between C Street, NW, and E Street, NW (State Department building);

(z) East and west sides of 23rd Street, NW, between C Street, NW, and E Street, NW (State Department building);

(aa) East and west sides of 23rd Street, NW, between L Street, NW, and Washington Circle, NW;

(bb) East and west sides of 25th Street, NW, between I Street, NW, and K Street, NW;

(cc) East and west sides of 25th Street, NW, between L Street, NW, and M Street, NW;

(dd) East and west sides of 6th Street, NW, between F Street, NW, and H Street, NW;

(ee) East and west sides of 7th Street, NW, between F Street, NW, and H Street, NW;

(ff) East and west sides of 3rd Street, NW, between F Street, NW, and G Street, NW;

(gg) East and west sides of 4th Street, NW, between F Street, NW, and G Street, NW;

(hh) North side of D Street, NW, between 3rd Street, NW, and 4th Street, NW;

(ii) North side of D Street, NW, between 5th Street, NW, and 9th Street, NW;

(jj) North side of E Street, NW, between 1st Street, NW, and 2nd Street, NW;

(kk) North side of E Street, NW, between 3rd Street, NW, and 4th Street, NW;

(ll) North side of F Street, NW, between 21st Street, NW, and 22nd Street, NW;

(mm) North side of N Street, NW, between 21st Street, NW, and New Hampshire Avenue, NW;

(nn) North side of Pennsylvania Avenue, NW, between 9th Street, NW, and 10th Street, NW;

(oo) North side of Virginia Avenue, NW, between 23rd Street, NW, and 24th Street, NW;

(pp) North and south sides of C Street, SE, between South Capitol Street, SE, and 3rd Street, SE;

(qq) North and south sides of C Street, SW, between 6th Street, SW, and South Capitol Street, SW;

(rr) North and south sides of C Street, NW, between 21st Street, NW, and 23rd Street, NW;

(ss) North and south sides of Connecticut Avenue, NW, between N Street, NW, and Dupont Circle, NW;

(tt) North and south sides of D Street SE/SW between 4th Street, SW, and 3rd Street, SE;

(uu) North and south sides of E Street, SW, between South Capitol Street and Interstate 395;

(vv) North and south sides of E Street, SW, between 2nd Street, SW, and 7th Street, SW;

(ww) North and south sides of E Street, NW, between 5th Street, NW, and 14th Street, NW;

(xx) North and south sides of E Street, NW, between 21st Street, NW, and 23rd Street, NW;

(yy) North and south sides of F Street, NW, between New Jersey Avenue, NW, and North Capitol Street, NW;

(zz) North and south sides of H Street, NW, between 6th Street, NW, and Massachusetts Avenue, NW;

(aaa) North and south sides of H Street, NW, between New Hampshire Avenue, NW, and 24th Street, NW;

(bbb) North and south sides of I Street, SE, in a straight line between 3rd Street, SE, and South Capitol Street, SE;

(ccc) North and south sides of I Street, SW, between 7th Street, SW, and South Capitol Street, SW;

(ddd) North and south sides of I Street, NW, between 13th Street, NW, and 16th Street, NW;

(eee) North and south sides of I Street, NW, between 26th Street, NW, and New Hampshire Avenue, NW;

(fff) North and south sides of Jefferson Place, NW, between 18th Street, NW, and 19th Street, NW;

(ggg) North and south sides of K Street SE/SW between Half Street, SW, and 3rd Street, SE;

(hhh) North and south sides of K Street, SW, between Wesley Place, SW, and Delaware Avenue, SW;

(iii) North and south sides of K Street, NW, between 25th Street, NW, and 26th Street, NW;

(jjj) North and south sides of L Street SE/SW in a straight line between 3rd Street, SW, and 3rd Street, SE;

(kkk) North and south sides of L Street, NW, between 24th Street, NW, and 25th Street, NW;

(lll) North and south sides of M Street, NW, between 21st Street, NW, and Connecticut Avenue, NW;

(mmm) North and south sides of M Street, NW, between 23rd Street, NW, and 28th Street, NW;

(nnn) North and south sides of Massachusetts Avenue, NW, between Thomas Circle, NW, and 11th Street, NW;

(ooo) North and south sides of N Street, NW, between 18th Street, NW, and Bataan Street, NW;

(ppp) North and south sides of N Street, NW, between 21st Street, NW, and 25th Street, NW;

(qqq) North and south sides of Sunderland Place, NW, between 19th Street, NW, and 20th Street, NW;

(rrr) North and south sides of F Street, NW, between 6th Street, NW, and 7th Street, NW (Verizon Center);

(sss) North and south sides of H Street, NW, between 6th Street, NW, and 7th Street, NW (Verizon Center);

(ttt) North and south sides of G Street, NW, between 3rd and 4th Streets, NW;

(uuu) North and south sides of F Street, NW, between 3rd Street, NW, and 4th Street, NW;

(vvv) South side of C Street, SW, between 12th Street, SW, and 14th Street, SW;

(www) South side of G Street, NW, between 7th Street, NW, and 9th Street, NW;

(xxx) South side of G Street, NW, between 23rd Street, NW, and 24th Street, NW;

(yyy) South side of H Street, NW, between 23rd Street, NW, and 24th Street, NW;

(zzz) South side of K Street, NW, between 24th Street, NW, and 25th Street, NW;

(aaaa) West side of 5th Street, NW, between D Street, NW, and E Street, NW;

(bbbb) West side of 9th Street, NW, between E Street, NW, and Pennsylvania Avenue, NW;

(cccc) West side of 17th Street, NW, between Constitution Avenue, NW, and C Street, NW;

(dddd) West side of 17th Street, NW, between D Street, NW, and E Street, NW;

(eeee) West side of 21st Street, NW, between New Hampshire Avenue, NW, and N Street, NW; and

(ffff) West side of 23rd Street, NW, between Virginia Avenue, NW, and G Street, NW.

History

• SOURCE: Final Rulemaking published at 36 DCR 6846 (September 29, 1989); as amended by Final Rulemaking published at 42 DCR 1955 (April 28. 1995); and by Final Rulemaking published at 42 DCR 7105a, 7105b (December 22, 1995), effective January 19, 1996; as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 527 VENDING LOCATIONS: OLD GEORGETOWN VENDING ZONE

527.1 Except as specifically provided in § 527.2, no vendor shall vend on any sidewalk on public space within the area known as Old Georgetown enclosed by the following continuous boundary:

(a) Bounded on the east by Rock Creek and Potomac Parkway from the Potomac River to the north boundary of Dumbarton Oaks Park;

(b) Bounded on the north by the north boundary of Dumbarton Oaks Park, Whitehaven Street, NW, and Whitehaven Parkway, NW, to 35th Street, NW, south along the middle of 35th Street, NW, to Reservoir Road, NW, west along the middle of Reservoir Road, NW, to Glover-Archbold Park;

(c) Bounded on the west by Glover-Archbold Park from Reservoir Road, NW, to the Potomac River; and

(d) Bounded on the south by the Potomac River and the Rock Creek and Potomac Parkway.

527.2 The streets listed in this subsection shall constitute the Old Georgetown Vending Zone within which the DDOT Director may approve sidewalk Vending Locations; provided, that sidewalk Vending Locations shall be allowed only:

(a) Within fifty feet (50 ft.) of the intersections of the cross streets with Wisconsin Avenue, NW;

(b) On the sidewalks designated in paragraph (d);

(c) In the directions from Wisconsin Avenue, NW, designated in paragraph (d), unless they are sites or markets authorized by the creation of a Vending Development Zone; and

(d) At the following locations:

(1) Northern sidewalk of P Street, NW, east of Wisconsin Avenue, NW;

(2) Northern sidewalk of P Street, NW, west of Wisconsin Avenue, NW;

(3) Northern sidewalk of O Street, NW, east of Wisconsin Avenue, NW;

(4) Northern sidewalk of O Street, NW, west of Wisconsin Avenue, NW;

(5) Northern sidewalk of Dumbarton Street, NW, east of Wisconsin Avenue, NW;

(6) Southern sidewalk of Dumbarton Street, NW, east of Wisconsin Avenue, NW;

(7) Northern sidewalk of N Street, NW, west of Wisconsin Avenue, NW (two (2) Vending Locations);

(8) Southern sidewalk of N Street, NW, west of Wisconsin Avenue, NW;

(9) Southern sidewalk of N Street, NW, east of Wisconsin Avenue, NW;

(10) Northern sidewalk of Prospect Street, NW, west of Wisconsin Avenue, NW; and

(11) Southern sidewalk of Prospect Street, NW, west of Wisconsin Avenue, NW.

History

• SOURCE: Final Rulemaking published at 36 DCR 6846, 6849 (September 29, 1989); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 528 VENDING LOCATIONS: NEIGHBORHOOD VENDING ZONES

528.1 The Neighborhood Vending Zones shall consist of the following streets:

(a) Capitol Hill area:

(1) H Street, NE, from 3rd Street, NE, to 15th Street, NE (Zones C-2- A, C-2-B, and C-3-A);

(2) Pennsylvania Avenue, SE, from 2nd Street, SE, to Potomac Avenue, SE (Zones C-2-A and C-2-B);

(3) 8th Street, SE, from D Street, SE, to I Street, SE (Zone C-2-A);

(4) 15th Street, NE, from A Street, NE, to East Capitol Street (Zone C- 2-A);

(5) East Capitol Street from 19th Street, SE, to 22nd Street, SE (Zone GOV): The following restriction applies:

(A) Only the south side of East Capitol Street shall be included in the Neighborhood Vending Zone;

(b) Far Northeast and Southeast area:

(1) Benning Road, NE/SE, from 44th Street, SE, to A Street, SE (Zone C-3-A);

(2) Branch Avenue, SE, from Q Street, SE, to S Street, SE (Zone C-1);

(3) Central Avenue, SE, from 56th Street, SE, to Southern Avenue, SE (Zone C-1);

(4) Dix Street, NE, from 60th Street, NE, to Eastern Avenue, NE (Zone C-2-A);

(5) Minnesota Avenue, NE, from Blaine Street, NE, to Grant Street, NE (Zone C-3-A);

(6) Nannie Helen Burroughs Avenue, NE, from 51st Street, NE, to Division Avenue, NE (Zone C-1);

(7) Nannie Helen Burroughs Avenue, NE, from Minnesota Avenue, NE, to 48th Street, NE (Zone C-1 and C-M-1);

(8) Pennsylvania Avenue, SE, from Alabama Avenue, SE, to Fort Davis Street, SE (Zone C-2-A); and

(9) Pennsylvania Avenue, SE, from Fairlawn Avenue, SE, to 27th Street, SE (Zone C-2-A);

(c) Far Southeast and Southwest area:

(1) Martin Luther King, Jr. Avenue, SE, from Good Hope Road, SE, to Morris Road, SE (Zone C-3-A);

(2) Good Hope Road, SE, from Martin Luther King, Jr. Avenue, SE, to 13th Street, SE (Zone C-3-A);

(3) Naylor Road, SE, from Alabama Avenue, SE, to Denver Street, SE (Zone C-3-A);

(4) Naylor Road, SE, from 30th Street, SE, to Southern Avenue, SE (Zone C-1);

(5) Alabama Avenue, SE, from 15th Street, SE, to Stanton Road, SE (Zone C-1 and C-2-B);

(6) Livingston Road, SE, from 3rd Street, SE, to South Capitol Street, SE (Zone C-3-A);

(7) Martin Luther King, Jr. Avenue, SE, from 4th Street, SE, to Milwaukee Place, SE (Zone C-2-A);

(8) Martin Luther King, Jr. Avenue, SE, from Upsal Street, SE, to Halley Place, SE (Zone C-1);

(9) South Capitol Street from Martin Luther King, Jr. Avenue, SE, to Chesapeake Street, SE (Zone C-2-A);

(10) Savannah Street, SE, from 22nd Street, SE, to 23rd Street, SE (Zone C-1); and

(11) Wheeler Road, SE, from Wahler Place, SE, to Barnaby Terrace, SE (Zone C-1);

(d) Mid-city area:

(1) Mount Pleasant Street, NW, from Irving Street, NW, to Park Road, NW (Zone C-2-A);

(2) 7th Street, NW, from Florida Avenue, NW, to T Street, NW (Zone C-2-B);

(3) 14th Street, NW, from Columbia Road, NW, to Meridian Place, NW (Zones C-2-A and C-3-A);

(4) 6th Street, NW, from Fairmont Street, NW, to College Street, NW (Zone R-5-B). The following restrictions apply:

(A) One (1) vendor in the first one hundred feet (100 ft.) of 6th Street, NW, south of the Fairmont Street, NW, curb;

(B) Two (2) vendors in the next fifty feet (50 ft.) of 6th Street, NW; and

(C) One (1) vendor in the next twenty-five feet (25 ft.) of 6th Street, NW.

(5) 14th Street, NW from S Street, NW, to Florida Avenue, NW (Zones CR and C-3-A);

(6) Columbia Road, NW, from Belmont Road, NW, to Mozart Place, NW (Zone C-2-B);

(7) Georgia Avenue, NW, from Euclid Street, NW, to Rock Creek Church Road, NW (Zone C-2-A);

(8) Rhode Island Avenue, NW, from T Street, NW, to 1st Street, NW (Zone C-2-A); and

(e) Near Northwest area:

(1) Florida Avenue, NW, from Rhode Island Avenue, NW, to North Capitol Street (Zone C-2-A);

(2) P Street, NW, from 23rd Street, NW, to Dupont Circle, NW (Zones C-2-A, C-2-C, and C-2-B);

(3) 20th Street, NW, from R Street, NW, to S Street, NW (Zone C-3- B). The following restriction applies:

(A) Only the west side of 20th Street, NW, shall be included in the Neighborhood Vending Zone;

(4) 17th Street, NW, from Q Street, NW, to Riggs Place, NW (Zone C-2-A);

(5) 14th Street, NW, from N Street, NW, to S Street, NW (Zone C-3- A);

(6) 9th Street, NW, from M Street, NW, to P Street, NW (Zone C-2-A);

(7) 7th Street, NW, from M Street, NW, to N Street, NW (Zone C-2- B); and

(8) 7th Street, NW, from O Street, NW, to Q Street, NW (Zone C-2-A);

(f) Rock Creek East area:

(1) Georgia Avenue, NW, from Rock Creek Church, NW, to Varnum Street, NW (Zones C-2-A and C-3-A);

(2) Blair Road, NW, from Whittier Street, NW, to 5th Street, NW (Zones C- M-1 and C-2-A);

(3) Georgia Avenue, NW, from Fern Place, NW, to Eastern Avenue, NW (Zone C-2-A);

(4) Georgia Avenue, NW, from Gallatin Street, NW, to Van Buren Street, NW (Zones C-2-A and C-3-A);

(5) Riggs Road, NE, from South Dakota Avenue, NE, to Chillum Place, NE (Zone C-2-A);

(6) Upshur Street, NW, from 3rd Street, NW, to Rock Creek Church Road, NW (Zone C-1); and

(7) 14th Street, NW, from Buchanan Street, NW, to Decatur Street, NW (Zones C-1 and C-M-1);

(g) Rock Creek West area:

(1) Connecticut Avenue, NW, from Fessenden Street, NW, to Nebraska Avenue, NW (Zone C-1);

(2) Connecticut Avenue, NW, from Livingston Street, NW, to Oliver Street, NW (Zone C-1);

(3) Connecticut Avenue, NW, from Macomb Street, NW, to Porter Street, NW (Zone C-2-A);

(4) Connecticut Avenue, NW, from Van Ness Street, NW, to Albemarle Street, NW (Zone C-3-A);

(5) Connecticut Avenue, NW, from Calvert Street, NW, to 24th Street, NW (Zones C-2-A and C-2-B);

(6) Connecticut Avenue, NW, from Hawthorne Street, NW, to Jewett Street, NW (Zone C-2-A);

(7) MacArthur Boulevard, NW, at Cathedral Avenue, NW, (Zone C-1);

(8) MacArthur Boulevard, NW, from Arizona Avenue, NW, to Dana Place, NW (Zone C-2-A);

(9) MacArthur Boulevard, NW, from V Street, NW, to U Street, NW (Zone C-2-A);

(10) Massachusetts Avenue, NW, from 48th Street, NW, to 49th Street, NW (Zone C-2-A);

(11) New Mexico Avenue, NW, from Embassy Park Drive, NW, to Lowell Street, NW (Zone C-1);

(12) Ordway Street, NW, from alley east of Connecticut Avenue, NW, to alley west of Connecticut Avenue, NW (Zone C-2-A). The following restriction applies:

(A) Only the south side of Ordway Street, NW, shall be included in the Neighborhood Vending Zone;

(13) Wisconsin Avenue, NW, from Albemarle Street, NW, to Brandywine Street, NW;

(14) Wisconsin Avenue, NW, from Harrison Street, NW, to Western Avenue, NW (Zones C-2-A, C-2-B, and C-3-A);

(15) Wisconsin Avenue, NW, from Macomb Street, NW, to Idaho Avenue, NW. The following restriction applies:

(A) Only the west side of Wisconsin Avenue, NW, shall be included in the Neighborhood Vending Zone;

(16) Wisconsin Avenue, NW, from Rodman Street, NW, to 40th Street, NW (Zones C-1, C-2-A, and C-2-B); and

(17) 24th Street, NW, from Calvert Street, NW, to Connecticut Avenue, NW (Zone C-2-A); and

(h) Upper Northeast area:

(1) Allison Street, NE, from Michigan Avenue, NE, to Eastern Avenue, NE (Zone C-1);

(2) Bladensburg Road, NE, from L Street, NE, to Mount Olivet Road, NE (Zone C-2-A);

(3) Florida Avenue, NE, from West Virginia Avenue, NE, to Montello Avenue, NW (Zone C-2-A);

(4) Mount Olivet Road, NE, from West Virginia Avenue, NE, to Trinidad Avenue, NE (Zone C-2-A);

(5) Rhode Island Avenue, NE, from Monroe Street, NE, to Eastern Avenue, NE (Zone C-2-A);

(6) Rhode Island Avenue, NE, from 4th Street, NE, to 10th Street, NE (Zones C-2-C, C-3-A, C-M-2, and M);

(7) Rhode Island Avenue, NE, from 13th Street, NE, to 18th Street, NE (Zone C-2-A);

(8) 12th Street, NE, from Irving Street, NE, to Randolph Street, NE (Zones C-1 and C-2-A); and

(9) Benning Road, NE, from Bladensburg Road, NE, to Oklahoma Avenue, NE (Zones C-2-A and C-2-B).

History

• SOURCE: Final Rulemaking published at 36 DCR 6846, 6849 (September 29, 1989); as amended by Final Rulemaking published at 37 DCR 558 (January 12, 1990); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 529 VENDING LOCATIONS: NATIONALS PARK VENDING ZONE

529.1 The streets listed in this section shall constitute the Nationals Park Vending Zone, in which sidewalk Vending Locations shall be allowed on the following streets and in the following numbers:

(a) East side of First Street, SE, between N Street, SE, and N Place, SE – two (2) Vending Locations;

(b) East side of First Street, SE, between N Place, SE, and O Street, SE – two (2) Vending Locations;

(c) West side of Half Street, SE, between M Street, SE, and N Street, SE – seven (7) Vending Locations; and

(d) North side of N Street, SE, between Half Street, SE, and Van Street, SE – three (3) Vending Locations.

529.2 The DDOT Director may, at his or her discretion, approve additional sidewalk Vending Locations in the Nationals Park Vending Zone in addition to those listed in § 529.1.

529.3 The DCRA Director shall assign the Vending Locations in the Nationals Park Vending Zone by lottery.

529.4 Applicants may apply electronically, via designated computer kiosks, for each monthly lottery by visiting the DCRA Business Licensing Center, which shall maintain information regarding the application process and qualifications.

529.5 Winners of each monthly lottery shall be notified by phone, first-class mail, or electronic mail, and by being listed on the DCRA website (http://dcra.dc.gov).

History

• SOURCE: Final Rulemaking published at 36 DCR 6846, 6850 (September 29, 1989); as amended by Final Rulemaking published at 37 DCR 558 (January 12, 1990); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 530 VENDING LOCATIONS: STATIONARY ROADWAY VENDING LOCATIONS: GENERAL

530.1 A Stationary Roadway Vendor must vend from a fixed location with a valid Vending Site Permit in an assigned Roadway Vending Location as designated in § 531;

530.2 A Stationary Roadway Vendor may not vend in any roadway location other than the authorized Roadway Vending Location for which the Stationary Roadway Vendor holds a valid Vending Site Permit.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 531 VENDING LOCATIONS: STATIONARY ROADWAY VENDING LOCATIONS: AUTHORIZED LOCATIONS

531.1 The authorized Stationary Roadway Vending Locations shall be on the streets and in the numbers set forth as follows:

(a) 400 Independence Avenue, SW (National Air & Space Museum) – Location numbers one (1) through six (6);

(b) 600 Independence Avenue, SW (National Air & Space Museum) – Location numbers seven (7) through twelve (12);

(c) 700 Independence Avenue, SW (Hirshhorn Museum) – Location numbers thirteen (13) through eighteen (18);

(d) 1400 Constitution Avenue, NW (National Museum of American History) – Location numbers nineteen (19) and twenty (20);

(e) 1200 Independence Avenue, SW (Freer and Sackler Gallery) – Location numbers twenty-one (21) through twenty-two (22);

(f) 600 Constitution Avenue, NW (National Gallery of Art) – Location numbers twenty-three (23) through twenty-six (26);

(g) 700 Constitution Avenue, NW (National Gallery of Art) – Location numbers twenty-seven (27) through thirty (30);

(h) 900 Constitution Avenue, NW (National Museum of Natural History) – Location numbers thirty-one (31) through thirty-five (35);

(i) 1200 Constitution Avenue, NW (National Museum of American History) – Location numbers thirty-six (36) through forty-one (41);

(j) 200 15th Street, NW (Ellipse East) – Location numbers forty-two (42) through fifty (50);

(k) 400 15th Street, NW (Ellipse East) – Location numbers fifty-one (51) through fifty-nine (59);

(l) 200 17th Street, NW (Ellipse West) – Location numbers sixty (60) through sixty-seven (67);

(m) 400 17th Street, NW (Ellipse West) – Location numbers sixty-eight (68) through sixty-nine (69);

(n) 500 17th Street, NW (State Place) – Location numbers seventy (70) through seventy-two (72);

(o) 1500 Constitution Avenue, NW – Location numbers seventy-three (73) through seventy-four (74); and

(p) 2100 H Street, NW – Location numbers seventy-five (75) through seventy-six (76).

531.2 The DDOT Director shall designate specific portions of the streets listed in § 531.1, in the numbers set forth in § 531.1, as authorized Stationary Roadway Vending Locations.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 532 VENDING LOCATIONS: STATIONARY ROADWAY VENDING LOCATIONS: ADDITIONAL LOCATIONS

532.1 The DDOT Director, in consultation with the DCRA Director, may designate or modify Stationary Roadway Vending Locations in addition to those authorized in § 531.1; provided, that no additional Stationary Roadway Vending Location shall be designated:

(a) Within areas under the exclusive jurisdiction of the United States Park Police, the United States Capitol Police, or any other agency of the United States government;

(b) Within a loading zone, entrance zone, parking space designated for diplomatic parking, or other curbside zone restricted for certain vehicles or uses;

(c) On a snow emergency route designated under § 4024 of Chapter 40 (Traffic Signs and Restrictions at Specific Locations) of Title 18 (Vehicles and Traffic) of the DCMR;

(d) Within forty feet (40 ft.) of an intersection;

(e) Along the length of a Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;

(f) Within forty feet (40 ft.) of the driveway entrance to a police or fire station, or within twenty feet (20 ft.) of any other driveway;

(g) Within twenty feet (20 ft.) of an alley;

(h) Within forty feet (40 ft.) of any crosswalk;

(i) Between the south side of Independence Avenue and the north side of Constitution Avenue, bounded by Rock Creek Parkway on the west and 4th Street NE/SE on the east; or

(j) Five feet (5 ft) from a building’s marked fire control room.

532.2 Upon the designation of additional Stationary Roadway Vending locations, a lottery shall be conducted by the DCRA Director to assign these Stationary Roadway Vending locations. Any Stationary Roadway Vending Locations not assigned during this lottery shall be included in the lottery conducted pursuant to § 539.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 533 VENDING LOCATIONS: MOBILE ROADWAY VENDING LOCATIONS: GENERAL

533.1 A Mobile Roadway Vending (MRV) vehicle operating in public space under this section shall have either an individual holding a valid Class A, Class B, or Class D Vending Business License or an individual holding a valid Vendor Employee Identification Badge, issued pursuant to § 564, inside the vehicle at all times while the vehicle is in operation.

533.2 A MRV Site Permit shall be required for each MRV vehicle, whether vending from a designated MRV location or any legal parking space in the District.

533.3 A MRV vehicle must be legally parked and pay all appropriate meter fees in order to vend from public space.

533.4 A MRV vehicle shall not include an ice cream vending vehicle, as defined in § 599.

533.5 A MRV shall not vend on any residential block designated as Residential Permit Parking unless specifically authorized by a Special Event permit.

533.6 To vend in a designated MRV location during the designated hours pursuant to § 534, a MRV vehicle shall be required to participate in a monthly MRV location permit lottery. If a MRV vehicle, with a valid MRV Site Permit, does not participate in the monthly MRV location permit lottery, the MRV shall still be authorized to vend from public space pursuant to § 535.

533.7 No mobile roadway vending shall be authorized within two hundred feet (200 ft.) or directly across the street of a designated MRV location during the designated hours, except within another designated MRV location or with written approval from DCRA.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 534 VENDING LOCATIONS: MOBILE ROADWAY VENDING LOCATIONS: AUTHORIZED LOCATIONS

534.1 The DCRA Director shall propose MRV locations to be designated, where MRV vehicles, with valid MRV Site Permits, may park in order to vend from public space. The DDOT Director shall review and, if approved, shall designate the MRV locations.

534.2 Each MRV location shall be designated by the DDOT Director with appropriate signage.

534.3 Only MRV vehicles may park within each designated MRV location during the hours of 10:30 a.m. to 2:30 p.m. on weekdays.

534.4 MRV vehicles parked in designated MRV locations must vacate designated MRV location at 2:30 p.m. on weekdays.

534.5 There shall be no parking, standing, or stopping in any designated MRV location from 10:00 a.m. to 10:30 a.m. on weekdays except District government holidays, unless authorized by the DDOT Director.

534.6 A MRV vehicle may park within a designated MRV location for no more than the four (4) hours per day designated by § 534.3.

534.7 The DCRA Director shall propose the following general areas to be reviewed by the DDOT Director for designation as MRV locations:

(a) McPherson Square;

(b) Farragut Square;

(c) Franklin Square;

(d) Foggy Bottom;

(e) University of the District of Columbia – Van Ness campus;

(f) George Washington University;

(g) L’Enfant Plaza;

(h) Historic Anacostia;

(i) Navy Yard;

(j) Metro Center;

(k) Union Station;

(l) Southwest Waterfront;

(m) Federal Center SW;

(n) Folger Park/Eastern Market;

(o) West End;

(p) Judiciary Square;

(q) American University;

(r) Howard University;

(s) Gallaudet University;

(t) Catholic University/Trinity College;

(u) NoMa;

(v) Minnesota/Benning, NE;

(w) Friendship Heights; or

(x) Other additional areas.

534.8 A MRV vehicle parked in a designated MRV location shall be subject to the design standards of § 544.

534.9 Notwithstanding any standards created pursuant to § 544.1, a MRV vehicle may not exceed:

(a) Eighteen feet six inches (18 ft. 6 in.) in length;

(b) Eight feet (8 ft.) in width; and

(c) Ten feet six inches (10 ft. 6 in) in height, measured from bottom of the tire.

534.10 A designated MRV location shall not be established:

(a) Within areas under the exclusive jurisdiction of the United States Park Police, the United States Capitol Police, or any other agency of the United States government;

(b) Within a designated loading zone, entrance zone, parking space designated for diplomatic parking, valet parking, or other curbside zone restricted for certain vehicles or uses;

(c) Along the length of a Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;

(d) Within forty feet (40 ft.) of the driveway entrance to a police or fire station, or within twenty feet (20 ft.) of any other driveway;

(e) Within twenty feet (20 ft.) of an alley;

(f) Within forty feet (40 ft.) of any crosswalk;

(g) Ten feet (10 ft.) of a fire hydrant;

(h) Any of the locations enumerated in § 535.3;

(i) Any location that is not a legal parking space;

(j) Any location that is immediately adjacent to a duly permitted sidewalk café; or

(k) Five feet (5 ft.) from a building’s marked fire control room.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 535 VENDING LOCATIONS: MOBILE ROADWAY VENDING LOCATIONS: ADDITIONAL LOCATIONS

535.1 A MRV vehicle operating outside of a designated MRV location established pursuant to § 534 shall:

(a) Vend in a legal parking space that meets the requirements of § 535.2;

(a-1) Clearly display the MRV Site Permit required pursuant to § 533.2;

(b) Pay all parking meter fees; and

(c) Obey all posted time restrictions.

535.2 A MRV vehicle operating outside of a designated MRV location or an Ice Cream Roadway vendor operating under § 543 shall not park and vend:

(a) Within areas under the exclusive jurisdiction of the United States Park Police, the United States Capitol Police, or any other agency of the United States government;

(b) Within a designated loading zone, entrance zone, parking space designated for diplomatic parking, valet parking, or other curbside zone restricted for certain vehicles or uses;

(c) Where the adjacent unobstructed sidewalk is less than six feet (6 ft.) wide; provided, that for purposes of this subsection:

(1) An obstruction shall not include objects such as trees, tree boxes, parking meters, bicycle racks, individual newspaper boxes, utility poles, or other similar objects that would not restrict safe pedestrian passage of the sidewalk permeable or point obstruction, such as a parking meter, is not considered an obstruction; and

(2) An obstruction shall include impermeable structures, such as sidewalk cafes, benches, retaining walls, fenced or raised planters, bicycle racks, rows of newspaper boxes, Capital Bikeshare stations, bus shelters, or other similar objects, that are immediately adjacent or parallel to the curb and would restrict safe pedestrian passage on the sidewalk.

(d) Along the length of a Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;

(e) Within forty feet (40 ft.) of the driveway entrance to a police or fire station, or within twenty feet (20 ft.) of any other driveway;

(f) Within twenty feet (20 ft.) of an alley;

(g) Within forty feet (40 ft.) of any crosswalk;

(h) Ten feet (10 ft.) of a fire hydrant;

(i) Any of the locations enumerated in § 535.3;

(j) Any location that is not a legal parking space;

(k) Any location that is immediately adjacent to a duly permitted sidewalk café;

(l) Five feet (5 ft.) from a building’s marked fire control room; and

(m) Within an area designated as a Stationary Roadway Vending Location.

535.3 A MRV vehicle operating under this section shall not vend at the following locations:

(a) Constitution Avenue NE/NW between 23rd Street, NW, and 2nd Street, NE;

(b) Independence Avenue SE/SW between 23rd Street, NW, and 2nd Street, NE;

(c) 17th Street, NW/SW, between Independence Avenue, SW, and H Street, NW;

(d) 15th Street, NW/SW, between Independence Avenue, SW, and H Street, NW;

(e) 14th Street, NW/SW, between Constitution Avenue, NW, and Independence Avenue, SW;

(f) 7th Street, NW/SW, between Constitution Avenue, NW, and Independence Avenue, SW;

(g) 4th Street, NW/SW, between Constitution Avenue, NW, and Independence Avenue, SW;

(h) 3rd Street, NW/SW, between Constitution Avenue, NW, and Independence Avenue, SW;

(i) 1st Street, NE/SE, between Constitution Avenue, NE, and Independence Avenue, SE;

(j) East Capitol Street, NE, between 1st Street, NE, and 2nd Street, NE;

(k) Madison Drive, NW, between 15th Street, NW, and 3rd Street, NW;

(l) Jefferson Drive, SW, between 15th Street, SW, and 3rd Street, SW;

(m) Pennsylvania Avenue, NW, between 15th Street, NW, and 1st Street, NW;

(n) Maryland Avenue, SW, between Independence Avenue, SW, and 1st Street, SW; and

(o) 1st Street, NW/SW, between Constitution Avenue, NW, and Independence Avenue, SW.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Repeat Parking Violations Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0298; 66 DCR 2017 (February 15, 2019)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 535

24 DCMR § 536 VENDING LOCATIONS: MOBILE ROADWAY VENDING LOCATIONS: APPLICATION FOR NEW LOCATIONS

536.1 A person may submit a request to the DCRA Director to create a new designated MRV location, provided that the person specifies a location that is not in conflict with the above standards. All requests are subject to DCRA and DDOT review and approval.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 537 VENDING LOCATIONS: MOBILE ROADWAY VENDING LOCATIONS: DIRECTORS’ DISCRETION

537.1 The DCRA or DDOT Director has the discretion to propose, modify, or remove a designated MRV location at any time.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 538 ASSIGNMENT OF SIDEWALK VENDING LOCATIONS

538.1 Designated unoccupied sidewalk Vending Locations identified by the DCRA Director and approved by the DDOT Director may be assigned to licensed sidewalk vendors through a lottery conducted by the DCRA Director. No vendor or applicant may participate in a lottery for unoccupied sidewalk Vending Locations unless the vendor holds a Vending Business License or the person holds a current receipt for payment of Vending Business License fees for sidewalk vending and is registered for the lottery.

538.2 In addition to the lottery conducted pursuant to § 538.1, a vendor may, when submitting an application for a Vending Site Permit pursuant to § 510.1(b), identify a potential sidewalk Vending Location that the vendor believes meets the DDOT standards in §§ 524-528. If the DDOT Director approves the location as an authorized sidewalk Vending Location, that Vending Location shall be assigned to the vendor who first identified it on his or her completed and accepted Vending Site Permit application.

538.3 No holder of a Vending Business License shall be assigned more than five (5) sidewalk Vending Locations.

538.4 No more than one (1) vendor may occupy an assigned Vending Location, unless the DCRA Director specifies on the Vending Site Permit that the Vending Location is subject to a shared site agreement between several licensed vendors.

538.5 No lottery registration or Vending Location assignment may be transferred, sold, conveyed, or assigned from the assigned vendor to any other person. Any attempt to transfer a lottery registration or Vending Location assignment will disqualify from the lottery both the vendor seeking to transfer the registration and the person seeking to obtain it.

538.6 The DCRA Director may contract out the function of performing the lotteries for sidewalk Vending Locations.

538.7 No Vending Site Permit shall be distributed until full payment is received from the vendor or person.

538.8 A vendor shall have thirty-five (35) calendar days from the billing date to remit payment for the sidewalk Vending Locations the vendor has won. Failure to remit payment shall allow the DCRA Director to rescind the Vending Site Permit offer.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 539 ASSIGNMENT OF STATIONARY ROADWAY VENDING LOCATIONS

539.1 For a period of one (1) year from the publication in the District of Columbia Register of a notice of final rulemaking adopting this chapter, MPD shall oversee the lottery for stationary roadway Vending Locations. Upon the expiration of the yearlong period, the DCRA Director shall oversee the lottery.

539.2 Stationary Roadway Vending Locations shall be assigned as follows:

(a) All Stationary Roadway Vending Locations shall be allocated by lottery;

(b) The lottery shall be conducted monthly, with Vending Locations allocated to a vendor by the following days of the week:

(1) Monday;

(2) Tuesday;

(3) Wednesday;

(4) Thursday;

(5) Friday;

(6) Saturday; or

(7) Sunday.

(c) There shall be equal allocation in the lottery of Class A and Class B licenses; and

(d) No vendor shall be issued Stationary Roadway Vending Site Permits for more than two (2) Stationary Roadway Vending Sites at any one time.

539.3 No Stationary Roadway Vending Site Permit shall be distributed until full payment is received from the roadway vendor or person.

539.4 A vendor shall have thirty-five (35) calendar days from the billing date to remit payment for the Stationary Roadway Vending Locations the vendor has won. Failure to remit payment shall allow the DCRA Director to rescind the offer to the winning vendor.

539.5 The DCRA Director may lottery off unclaimed Stationary Roadway Vending Locations until all Stationary Roadway Vending Locations are awarded.

539.6 The DCRA Director shall register licensed roadway vendors, which may include both stationary roadway vendors and mobile roadway vendors, for participation in the lottery by assigning each vendor a registration number.

539.7 No vendor may participate in the lottery for Stationary Roadway Vending Locations unless the vendor holds a valid Vending Business License for roadway vending and is registered for the lottery.

539.8 No vendor may operate on more than one (1) Stationary Roadway Vending Location per day, and only one (1) vendor may occupy an assigned Stationary Roadway Vending Location as described on the Stationary Roadway Vending Site Permit, unless otherwise specified by the DCRA Director on the Stationary Roadway Vending Site Permit.

539.9 No lottery registration or Stationary Roadway Vending Location assignment or permits may be transferred from a vendor to any other person.

539.10 The DCRA Director may contract out the function of performing the lottery for Stationary Roadway Vending Locations; provided that the lottery may be subject to any government-required audit or review.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 540 ASSIGNMENT OF MOBILE ROADWAY VENDING LOCATIONS

540.1 MRV location permits for each MRV vehicle shall initially be determined by a monthly lottery with each lottery assigning a MRV vehicle to a specific MRV location and for a specific day of the month.

540.2 The DCRA Director shall establish the format of the MRV location permit lottery program and may modify the format, as necessary, to improve efficiency or to incorporate technological advancements.

540.3 The lottery shall be conducted monthly, with MRV locations allocated to MRV vehicles by the following days of the week:

(a) Monday;

(b) Tuesday;

(c) Wednesday;

(d) Thursday; and

(e) Friday.

540.4 A MRV vehicle shall register for the MRV location permit lottery by the MRV vehicle’s vehicle registration number and Vending Business license number. No vendors will be eligible for MRV location permit lottery in months when their Vending Business license will expire without renewal.

540.5 There shall be only one (1) MRV location permit lottery entry per MRV vehicle.

540.6 Prior to each monthly lottery, MRV vendors shall have the option to list the available MRV locations in order of their preference; this information will serve as the MRV vendor’s lottery preference request.

540.7 In addition to the standard MRV location permit lottery entry, the DCRA Director may create a lottery program for MRV vehicles to vend from multiple established MRV locations for specific hours on specific days of the week during each month.

540.8 The non-refundable lottery application fee for the monthly MRV location permit lottery shall be $25 per MRV vehicle and shall be paid prior to a MRV vehicle submitting monthly MRV location preferences.

540.9 The monthly MRV location permit fee shall be $150 per MRV vehicle and shall be paid in full prior to the MRV vehicle being authorized to vend from the designated MRV location assigned via the monthly lottery.

540.10 A MRV vendor not participating in the monthly MRV location permit program may vend from any legal parking space, in compliance with its Vending Site Permit and §§ 534 and 535.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 541 PUBLIC MARKETS

541.1 No person shall operate or vend from a public market unless the public or private market is located on:

(a) Public space approved by the DDOT Director;

(b) Private space; or

(c) A combination of both public space approved by the DDOT Director and private space.

541.2 No person shall manage a public market on public or private space without holding a Class C Vending Business License.

541.3 No Class C Vending Business License holder shall operate a public market on public space without first obtaining a Public Space Permit from the DDOT Director.

541.4 Each person operating at a public market managed by the holder of a Class C Vending Business License on public or private space shall be subject to all applicable license and health laws and regulations.

541.5 No Class C Vending Business License holder shall operate a public market on public or private space without obtaining a DOH health inspection certificate and food safety compliance inspection in accordance with Subtitle A of Title 25 of the DCMR.

541.6 Each public market operated by the holder of a Class C Vending Business License that is operating on private space shall obtain a certificate of occupancy from the DCRA Director.

541.7 A person who is authorized by the Class C Vending Business License holder to operate at a public market may operate without a Vending Business License or Vending Site Permit; provided, that the person shall:

(a) Comply with all applicable laws and regulations regarding the registration of the person’s business with the Office of Tax and Revenue and DCRA; and

(b) Comply with any standards imposed by DOH or other relevant agencies.

541.8 A Class C Vending Business License holder shall maintain records of all persons operating at each public market managed by the licensee.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 542 TEMPORARY RELOCATION OF VENDORS

542.1 The DCRA Director, the DDOT Director, or MPD may order the temporary relocation of a vendor from the vendor’s permitted Vending Location in construction areas, for special events or transportation requirements, or any other situations where the Vending Location is either unavailable or creates a threat to the public health, safety, or welfare.

542.2 Any temporary relocation shall last only until such time as the original Vending Location is determined by the DCRA Director, the DDOT Director, or MPD to be useable again.

542.3 A vendor subject to a temporary relocation shall be relocated by the DCRA Director to the closest available location that is deemed allowable for vending.

542.4 In any situation where a temporary relocation will be for at least twenty-one (21) calendar days, the DCRA Director shall issue the affected vendor, at no cost, a new Vending Site Permit for the new Vending Location.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 543 ICE CREAM ROADWAY VENDORS OPERATIONAL STANDARDS

543.1 No ice cream vending vehicle shall remain in any one (1) place for a period longer than necessary to make sale after having been approached or stopped for that purpose.

543.2 When stopped, an ice cream vending vehicle shall be legally parked.

543.3 No ice cream roadway vending business shall be transacted within one hundred feet (100 ft.) of the roadway of a traffic circle.

543.4 When stopping to make a sale, ice cream roadway vending vehicles that are likely to attract children as customers shall park curbside or as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 544 DESIGN STANDARDS: GENERAL

544.1 The DCRA Director may develop design standards for vending vehicles, vending stands, and vending carts in addition to those set forth in this chapter.

544.2 The provisions of §§ 545, 546, 547, 548, 549, 553, 554, and 559 shall not apply to activities licensed and permitted under § 503.1(c).

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 545 DESIGN STANDARDS: VENDING CARTS

545.1 No vending cart, including any display on or attachments to the cart allowed by this section, shall exceed the following dimensions unless specified by the DCRA Director on the Vending Site Permit:

(a) Four feet six inches (4 ft. 6 in.) in width, unless the vendor vends food from the vending cart, in which case the vending cart shall not exceed five feet (5 ft.) in width;

(b) Seven feet (7 ft.) in length, unless the vendor vends food from the vending cart, in which case the cart shall not exceed eight feet (8 ft.) in length; and

(c) Eight feet six inches (8 ft. 6 in.) in height, measured from the bottom of the tire.

545.2 A vending cart shall be covered by either:

(a) One (1) umbrella, which shall not exceed nine feet (9 ft.) in diameter nor extend more than four and one half feet (4.5 ft.) in any direction from the body of the cart; or

(b) One (1) canopy which shall not overhang more than six inches (6 in.) in any direction from the body of the cart.

545.3 Any umbrella or canopy used to cover a vending cart:

(a) Shall be made of water-resistant canvas with wood or metal frames; and

(b) Shall not contain any advertising other than advertising allowed under § 549.

545.4 No food or merchandise shall be hung or otherwise displayed from the back of the vending cart.

545.5 No food or merchandise, hung or otherwise displayed on the front of the vending cart, shall extend more than two feet (2 ft.) from the front of the vending cart or extend past the sides of the vending cart.

545.6 All food, merchandise, and equipment, other than food or merchandise hung or displayed on the front of the vending cart, shall be contained within or beneath the body of the vending cart; provided, that up to two (2) coolers or containers with food may be placed immediately adjacent to the vending cart, at least four inches (4 in.) off the ground, and in compliance with DOH food storage regulations; and provided further, that the total size of the coolers or containers taken together shall not exceed the length of the cart (eight feet (8 ft.)).

545.7 The cart shall be placed on one (1) or more wheels; provided, that:

(a) The wheels shall not exceed two feet eight inches (2 ft. 8 in.) in diameter;

(b) The wheels shall be a wood or metal frame with rubber trim for tires; and

(c) The cart may include stabilizing legs in addition to the wheel or wheels.

545.8 The vending cart shall be equipped with a chock to be used to prevent the cart from rolling or moving.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 546 DESIGN STANDARDS: VENDING VEHICLES

546.1 No vending vehicle, including any display on or attachments to the vehicle allowed by this section, shall exceed the followings dimensions unless otherwise authorized by the DCRA Director:

(a) Eighteen feet six inches (18 ft. 6 in.) in length;

(b) Eight feet (8 ft.) in width; and

(c) Ten feet six inches (10 ft. 6 in) in height, measured from bottom of the tire.

546.2 No food, merchandise, or equipment shall be hung or otherwise displayed from the non-serving side or back of the vending vehicle.

546.3 All food, merchandise, and equipment, other than the serving window flap or awning shall be firmly attached to the body of the vending vehicle and shall not project more than twelve inches (12 in.) from the body of the vehicle when serving and must be retracted when not serving.

546.4 All vending vehicles shall rest on inflated tires.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 547 DESIGN STANDARDS: VENDING STANDS

547.1 The design and operation of all vending stands shall conform with the following requirements, unless otherwise authorized by the DCRA Director on the Vending Site Permit:

(a) The stand shall consist of a wood, plastic, or metal table with attached folding legs, a stair-stepped structure approved by the DCRA Director, or a shoe-shine stand structure approved by the DCRA Director. If the stand or structure is made of wood, the wood shall consist of weather-resistant lumber with two (2) coats of varnish or non-toxic paint;

(b) The stand shall not exceed a maximum horizontal surface area of seven feet by four feet six inches (7 ft. x 4 ft. 6 in.);

(c) The surface area of the table (or the highest surface area of the stair stepped structure) shall be at a height of between one foot (1 ft.) and four and a half feet (4.5 ft.);

(d) The stand shall have a canopy that shall not exceed seven feet nine inches by five feet three inches (7 ft. 9 in. x 5 ft. 3 in.) and shall be comprised of water-resistant canvas or six (6) ply polyurethane material covering a metal or wood frame mounted above the stand. The uppermost point of the canopy shall not exceed more than nine feet (9 ft.) in height and the lowest point on the canopy, inclusive of any canopy flap, shall not be less than seven feet (7 ft.) in height, measured from the sidewalk pavement. The canopy shall be clean and in good repair;

(e) A skirt or tablecloth shall be attached to the table surface on all sides and shall extend from the table surface to no more than one inch (1 in.) from the sidewalk pavement. The skirt shall be clean and in good repair; and

(f) No free standing racks or other free-standing forms of display shall be allowed around the stand.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 548 DESIGN STANDARDS: FOOD VENDING CARTS AND VEHICLES

548.1 All vending vehicles and vending carts that vend food shall be inspected and approved by the DOH Director as being of a design which is approved by, or is equivalent to a design approved by, the National Sanitation Foundation. All equipment used in the vehicle or cart for the vending of food shall be inspected and approved by the DOH Director as being of commercial grade and in compliance with National Sanitation Foundation standards or the equivalent.

548.2 If DCRA waives any design standard for a food vending cart or vehicle that is not in compliance with §§ 545, 546, 547, or 548, a written waiver approving the non-compliant cart or vehicle shall be issued by DCRA, MPD, and DDOT to the DOH Director prior to DOH either conducting a food safety code compliance inspection pursuant to Subtitle A of Title 25 of the DCMR or issuing a health inspection certificate.

548.3 All vending vehicles and vending carts that vend food shall be designed and operated in accordance with all relevant food safety laws and may be required to include:

(a) A fresh water tank with at least a five gallon (5 gal.) capacity or more for food vending carts;

(b) A fresh water tank with at least a thirty-eight gallon (38 gal.) capacity or more for food vending vehicles;

(c) A waste water tank with a capacity fifteen percent (15%) or larger than the required fresh water tank;

(d) A three (3) compartment sink with hot and cold running water;

(e) A separate hand washing sink with mixing faucet;

(f) Walls, ceiling, and floors that are smooth and easily cleanable;

(g) Natural or electrical lighting to provide a minimum of fifty (50) candles of light on work surfaces;

(h) A generator-powered refrigerator that will maintain stored foods at forty- one degrees Fahrenheit (41° F) or below and that has sufficient holding capacity for one (1) day of operation;

(i) A generator-powered freezer that will hold stored foods at zero degrees Fahrenheit (0° F) or below and that has sufficient holding capacity for one (1) day of operation; and

(j) Adequate ventilation.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 549 [RESERVED]

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 550 DESIGN STANDARDS: PHASE-IN PERIOD

550.1 Any vendor issued a Vending Business License prior to the date of publication in the District of Columbia Register of a notice of final rulemaking adopting this chapter, shall have until one (1) year from that date of publication to come into compliance with the following subsections of this chapter:

(a) Subsection 545.2; and

(b) Subsection 545.5.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 551 OPERATIONAL STANDARDS: GENERAL

551.1 A vendor shall comply with all District and federal laws and regulations applicable to the operation of a vending business.

551.2 No vendor shall vend in public space:

(a) After the expiration of the Vending Business License, Vending Site Permit, or any other license, permit, certificate, or authorization required for the lawful operation of the vendor’s vending business; or

(b) During any period when the vendor’s Vending Business License, Vending Site Permit, or any other license, permit, certificate, or authorization required for the lawful operation of the vendor’s vending business has been suspended or revoked.

551.3 A vendor shall, at all times, obey posted traffic and parking signs.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 552 OPERATIONAL STANDARDS: AUTHORIZED HOURS OF OPERATIONS

552.1 Vendors may operate only during the following hours:

(a) Sunday through Thursday, from 5:00 a.m. to 10:00 p.m.; and

(b) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that vendors operating in Residential Zones, as specified in the District of Columbia Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.

552.2 Notwithstanding § 552.1, the Vending Site Permit for each Vending Location in a Vending Development Zone shall establish the hours of operation for that Vending Location.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 553 OPERATIONAL STANDARDS: PLACEMENT OF VENDING VEHICLES, VENDING CARTS, AND VENDING STANDS

553.1 No vendor shall vend in a location that is not a Vending Location assigned to the vendor by the DCRA Director.

553.2 A vendor shall place his or her vending stand or vending cart parallel to the curb, with the longest side of the vending stand or vending cart parallel to the curb and located two feet (2 ft.) from the curb face, unless otherwise specified by the DCRA Director on the Vending Site Permit.

553.3 No vendor shall vend upon, or impede free access to, service and ventilation grates and covers or in any location that would not be an authorized Vending Location under § 525.1, unless specifically authorized by the DCRA Director or the DDOT Director or as part of a Vending Development Zone.

553.4 No vendor shall drive a vehicle onto or over a curb with the purpose of dropping off or picking up a vendor cart for towing.

553.5 No vendor shall place his or her vending vehicle, vending stand, or vending cart in such a manner that it impedes passage of pedestrians along the sidewalks.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 554 OPERATIONAL STANDARDS: PLACEMENT OF EQUIPMENT AND RELATED ITEMS

554.1 All surplus merchandise, food, equipment, and other items related to the operation of a vending vehicle, vending stand, or vending cart shall be kept either in or under (or, in the case of a vending stand, on) the vending vehicle, vending stand, or vending cart.

554.2 No merchandise, food, equipment, or other items related to the operation of a vending vehicle, vending stand, or vending cart shall be stored or placed upon any public space adjacent to the vending vehicle, vending stand, or vending cart.

554.3 No vendor shall place any vending equipment or related items upon, or in a place or manner impeding free access to, service and ventilation grates and covers in accordance with § 553.3.

554.4 No merchandise, food, equipment or other items related to the operation of a vending vehicle, vending stand, or vending cart shall be stored or otherwise kept on the public space beyond the hours of operation of the vending business.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 555 OPERATIONAL STANDARDS: FOOD PREPARATION AND HANDLING

555.1 All preparation, handling, transportation, and storage of food vended under this chapter shall be in compliance with:

(a) An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-101 et seq. (2009 Repl. & 2011 Supp.));

(b) Subtitle A (Food and Food Operations) of Title 25 (Food Operations and Community Hygiene) of the DCMR;

(c) Any other applicable law or regulation related to the preparation, handling, transportation, or storage of food;

(d) Requirements of, and conditions imposed by, the health inspection certificate, including any plans or standards approved or imposed as part of the issuance of the health inspection certificate; and

(e) Any applicable standards established by DOH.

555.2 No food vending equipment shall be used for purposes other than those authorized by the DOH Director.

555.3 No food may be vended from a vending vehicle, cart, or stand unless there is a person in charge on site at the time of the preparation, handling, and sale of the food who holds a valid:

(a) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(b) DOH-issued a Certified Food Protection Manager Identification Card in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR;

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 556 OPERATIONAL STANDARDS: FIRE SAFETY

556.1 All vending vehicles equipped with cooking appliances shall have at least one (1) fire extinguisher with a minimum rating of 2A-10BC mounted in the cooking area.

556.2 All vending vehicles operating with propane or open flames shall meet the following standards:

(a) All propane compartments shall be secured and placarded;

(b) “No Smoking” signs shall be posted on the vehicle; and

(c) Propane or open flame permits shall be clearly posted on the vehicle.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 557 OPERATIONAL STANDARDS: USE OF AMPLIFICATION SYSTEMS

557.1 No vendor shall operate a loud speaker or sound amplifier, or play a radio, drum, or other musical instrument as a means of advertising in such a manner as to create a noise disturbance, as that term is defined in DCMR Title 20, § 2799.

557.2 Activities open to the public and provided for in DCMR Title 20, Subsection 2805.2, are exempt from the limitations set forth in this section.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 558 INSPECTIONS: FOOD PREPARATION AND HANDLING

558.1 The vendor’s food preparation, handling, transportation, and storage operations shall be subject to inspection at any time to verify compliance with applicable provisions of Subtitle A of Title 25 of the DCMR and any conditions imposed by the health inspection certificate.

558.2 Each food vending business shall be inspected by the DOH Director at least once every six (6) months. Failure to pass an inspection shall be cause for summary suspension of the vendor’s Vending Business License and Vending Site Permit pursuant to §§ 507, 512, and 516.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 559 INSPECTIONS: DESIGN STANDARDS

559.1 A vendor’s vending vehicle, vending stand, or vending cart shall be subject to inspection at any time by the DCRA Director to verify compliance with applicable design standards required by this chapter.

559.2 Failure to comply with design standards for vending vehicles, vending stands, or vending carts may be cause for the issuance of a civil infraction or the summary suspension or revocation of a Vending Site Permit.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 560 INSPECTIONS: FIRE SAFETY

560.1 All vending vehicles, vending carts, or vending stands with deep fryers, propane or open flame, or any other electrical or cooking devices shall be inspected by FEMS at least once a year or as regularly as the Fire Marshal prescribes.

560.2 If a vending vehicle, vending cart, or vending stand fails an inspection performed pursuant to this section, the FEMS inspector may summarily seize the Vending Business License and Vending Site Permit and deliver it to the DCRA Director. The DCRA Director shall return the seized Vending Business License or Vending Site Permit to the licensee only upon the licensee’s vending vehicle, vending cart, or vending stand passing FEMS inspection.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 561 MAINTENANCE STANDARDS

561.1 All vending vehicles, vending carts, and vending stands, including canopies and umbrellas, shall be maintained in a safe, clean, and sanitary condition, and in good repair.

561.2 All vending vehicles, vending carts, and vending stands, including canopies and umbrellas, shall be maintained so that the vending vehicle, cart, or stand remains at all times in compliance with the standards of this subchapter.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 562 DISPLAY OF LICENSES, PERMITS, AND CERTIFICATES

562.1 A vendor shall conspicuously display on the vendor’s vending vehicle, vending cart, or vending stand, or public market, as required, in Chapter 37, Subtitle A of Title 25 of the DCMR, his or her:

(a) Vending Business License;

(b) Vending Site Permit;

(c) Health inspection certificate;

(d) Food Protection Manager Certificate;

(e) DCRA-issued vendor identification card;

(f) DOH-issued certified food protection manager identification card; and

(g) A propane or open flame permit, if the vendor uses propane or open flames in his or her operations.

562.2 The items required by § 562.1 shall be considered to be properly displayed when they are firmly attached to the vending vehicle or stand and are clearly visible to the public.

562.3 No person shall alter, mutilate, forge, or illegally display any license, permit, or other certificate of authority issued pursuant to this chapter.

562.4 If a Vending Business License, Vending Site Permit, or health inspection certificate is displayed by a vendor or on a vending vehicle, vending cart, or vending stand other than that of the vendor, vending vehicle, vending stand, or vending cart for which the Vending Business License, Vending Site Permit, or health inspection certificate was issued, the DCRA Director or MPD may summarily impound or immobilize the vending vehicle, vending stand, or vending cart on which the Vending Business License, Vending Site Permit, or health inspection certificate is unlawfully displayed.

562.5 If a summary impounding or immobilization occurs pursuant to § 562.4, the DCRA Director or MPD shall release the impounded or immobilized vending vehicle, vending stand, or vending cart to the vendor upon the payment of a fine in an amount established by the DCRA Director.

562.6 Failure to display any required certificates of authority, or to provide those certificates to an authorized District government representative, may result in summary suspension of a vendor’s Vending Business License or Vending Site Permit and the impounding or immobilizing of the vending vehicle, vending stand, or vending cart. The vendor’s license or site permit shall be returned to the licensee upon the proper display or provision of the required certificates of authority.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 563 MOTOR VEHICLE REGISTRATION AND INSPECTION OF VENDING VEHICLES AND CARTS

563.1 All vending vehicles and vending carts:

(a) Shall be registered and inspected by the District of Columbia Department of Motor Vehicles or by the motor vehicle department of another state or municipality with appropriate jurisdiction;

(b) Shall display all current tags on the vehicle or cart; and

(c) Shall not vend any food, merchandise, or services if the vehicle has temporary tags.

563.2 Any vending vehicle not displaying current vehicle registration shall be subject to removal and shall subject the licensee to summary suspension of their Vending Business License and Vending Site Permit. The vendor’s vehicle, Vending Business License and Vending Site Permit shall be returned to the licensee upon the proper display of current vehicle registration.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 564 EMPLOYEES OF LICENSED VENDORS

564.1 No individual shall work at a vending business unless the individual is the licensed vendor of the vending business or is an employee of the vendor holding a valid Vendor Employee Identification Badge.

564.2 The employing vendor shall follow all applicable District and federal employment laws and regulations.

564.3 An employee of a vendor may operate the vendor’s Class A or Class D vending business without the vendor being present; provided, that the employee holds a valid:

(a) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(b) DOH-issued a Certified Food Protection Manager Identification Card in accordance with § 203 of Subtitle A (Food and Food Operations) of Title 25 of the DCMR.

564.4 No individual may act as an employee of a vendor unless that individual holds a valid Vendor Employee Identification Badge issued by the DCRA Director.

564.5 An individual shall apply for a Vendor Employee Identification Badge by submitting an application to the DCRA Director, on a form prescribed by the DCRA Director, which shall include:

(a) The name, address, photograph, and telephone number of the individual;

(b) The name and license number of the vendor for whom the individual will act as an employee;

(c) The signature of the individual;

(d) The notarized signature of the vendor;

(e) The application fee, which shall be fifty-five dollars ($55); and

(f) Any additional information or documentation required by the DCRA Director.

564.6 The Vendor Employee Identification Badge shall include the name of the employee of the vendor, a badge number, the name of the licensed vendor, and the Vending Business License number of the vendor.

564.7 An employee shall conspicuously wear his or her Vendor Employee Identification Badge when the employee is operating the vendor’s vending business.

564.8 An individual may represent more than one (1) licensed vendor; provided, that the individual:

(a) Has a Vendor Employee Identification Badge for each licensed vendor that employs the individual; and

(b) Displays the Vendor Employee Identification Badge for the respective licensed vendor while working at that vendor’s vending business.

564.9 A licensed vendor shall be held responsible for the actions of his or her employees and independent contractors, where such actions are related to the operation of the vending business and, either singularly or in combination, the Vending Business License, Vending Site Permit, Vendor Employee Identification Badge, and health inspection certificate of the vendor may be suspended or revoked based on those actions.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 565 LITTERING AND CUSTOMER LINES

565.1 Vendors shall keep sidewalks, roadways, and other public space adjoining and adjacent to their assigned Vending Location clean and free from paper, peelings, and refuse of any kind.

565.2 All vendors shall affix to their stands or vehicles a container for litter that shall be maintained and emptied when full. Public trash receptacles shall not be used for compliance with this section.

565.3 A vendor shall ensure that waiting customers do not completely block the public sidewalk. A vendor shall comply with this subsection by asking customers, through verbal communication and signage on the vehicle, to not impede pedestrian access along the public sidewalks.

565.4 The DCRA Director may enter into agreements with other District agencies, public-private partnerships, or other District government-authorized or –licensed entities to assist with waste management issues related to vending businesses.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 566 DISPLAY OF SAMPLE ITEMS

566.1 No vendor shall display any object (including signage) used as an example of merchandise or food for sale or to advertise merchandise, services, or food for sale unless the object conforms to the merchandise or food being sold by the vendor at that particular Vending Location.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 567 PURCHASE OR RECEIPT OF STOCK

567.1 No vendor shall purchase any inventory stock from public space.

567.2 No vendor shall take delivery of any inventory stock in public space, with the exception of perishable food items for consumption and ice.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 568 PLACING VENDING BUSINESS LICENSES ON HOLD

568.1 The DCRA Director shall create a process by which a vending business may voluntarily put its Vending Business License on hold and subsequently retrieve it from hold status to avoid suspension or revocation of a Vending Site Permit.

568.2 A Vending Business License may be placed on hold and in the possession of the DCRA Director during such times that the vending business is not in operation for seasonal purposes or emergent issues; provided, that the holder of the Vending Business License is in compliance with the Clean Hands Certification.

568.3 Placement of a Vending Business License and/or Vending Site Permit on hold pursuant to this section shall not stay the expiration date of either the license or site permit and, to remain valid, it must be renewed on or before its expiration date, pursuant to § 506.

568.4 A vendor, or any employee or independent contractor employed by the vendor, who vends any products, food, merchandise, or services while his or her Vending Business License is placed on hold shall be subject to the revocation of his or her Vending Business License.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 569 REQUIREMENT TO UPDATE INFORMATION

569.1 If, pursuant to the provisions of this chapter, a vendor provided information to a District agency and that information changes, the vendor shall, within ten (10) business days after the change in information, provide updated information to the appropriate agency.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 570 VENDING DEVELOPMENT ZONES

570.1 The DCRA Director may establish Vending Development Zones (VDZ) to promote new and innovative vending practices designed to achieve the following objectives:

(a) For communities to utilize vending and public markets to create unique and attractive destinations and increase foot traffic in commercial corridors;

(b) For communities to have expanded capability to manage vending and public markets in unique high-density hospitality zones;

(c) Provide opportunities for vendors to expand their creativity and entrepreneurship in both their products and their carts, stands, or vehicles;

(d) Expand vending and public market opportunities for small and local businesses;

(e) Improve the safety, appearance, and use of public space;

(f) Allow for greater expansion of the creative economy through the addition of entertainment and artistic business ventures in public space;

(g) Attract retail to emerging corridors by bringing new retail energy to neighborhoods; and

(h) Strengthen the retail base and create opportunities for vibrant retail streets and corridors and ensure shoppers have a greater selection of products and services.

570.2 Notwithstanding other provisions of this chapter and of Chapter 13 of Title 19 of the DCMR, the DCRA Director shall allow a VDZ greater flexibility in complying with regulations governing the:

(a) Location of vendors in public space, provided, that no category of Vending Business License is specifically excluded;

(b) Method for assigning Vending Locations, including the exclusion of any roadway vending vehicle that is not expressly included by Vending Site Permit in the VDZ;

(c) Design standards for vending vehicles, vending carts, roadway vending vehicles, and vending stands;

(d) Hours of operation;

(e) Length of time for which a Vending Site Permit shall be issued; and

(f) Special performance and entertainment requirements of Chapter 13 of Title 19 of the DCMR.

570.3 The DCRA Director may establish a VDZ upon the approval of an application submitted by a business association, community organization, Advisory Neighborhood Commissions (ANCs), Business Improvement Districts (BIDs), or District government agency.

570.4 The DCRA Director shall administer the process for reviewing applications in consultation with the following Coordinating Agencies:

(a) Department of Small and Local Business Development;

(b) Department of Health;

(c) District Department of Transportation; and

(d) Office of Planning.

570.5 A VDZ application shall be reviewed in a two (2)-part process:

(a) The applicant shall submit five (5) hard copies or one (1) electronic copy of a pre-application to the DCRA Director who shall forward a copy to each Coordinating Agency. The pre-application shall include the following information:

(1) The applicant’s mission, bylaws, process for electing officers, and public meeting requirements where applicable or, in the case of a Coordinating Agency, its mission and responsibilities;

(2) The purpose and intent of establishing a VDZ, including aspects of placemaking and creative economy planning;

(3) A map delineating the proposed boundaries of the VDZ and all current Vending Locations; and

(4) Where applicable, any partner organizations collaborating on the application.

(b) Upon verification of the items required by paragraph (a), the DCRA Director shall approve the pre-application. Within ninety (90) calendar days of notification from the DCRA Director of pre-application approval, the applicant shall, in consultation with the Coordinating Agencies, prepare and submit five (5) hard copies or one (1) electronic copy of a VDZ application to the DCRA Director. The application shall demonstrate how the purpose and intent of the proposed VDZ will be realized and include the following:

(1) A description of the proposed innovative vending strategy or expanded management opportunity;

(2) A map showing proposed vending and public market locations;

(3) An implementation plan that may include, but is not limited to:

(A) Financial assistance, equipment assistance, storage assistance, technical advice, or business planning support for existing and potential new vendors;

(B) Marketing strategy for placemaking, coordinated design, semi-permanent fixtures, entertainment, or creative economy programming;

(C) Partnership opportunities; and

(D) Diversity of products or services offered;

(4) A plan for coordinating with existing vendors and businesses located within the proposed VDZ; and

(5) Any other information that the DCRA Director requires.

570.6 The DCRA Director and coordinating agencies shall review VDZ applications to identify any issues that the applicant must resolve prior to further processing of the application. Additionally:

(a) The DCRA Director shall forward each VDZ application to the Coordinating Agencies for evaluation based upon:

(1) Compliance with objectives defined in § 570.1; and

(2) The ability of the applicant to achieve the proposed innovative vending strategy;

(b) Each Coordinating Agency shall review the application concurrently within forty-five (45) days and forward any issues to the DCRA Director;

(c) The DCRA Director shall notify the applicant in writing or electronically of any issues identified by a Coordinating Agency and the applicant shall work with the Coordinating Agencies to address all issues within thirty (30) days of receiving written or electronic notification. The Coordinating Agencies shall notify the Director when all issues have been resolved; and

(d) The Director may deny an application if the applicant is unable to resolve any issues identified by the Coordinating Agencies within the forty-five (45-) day time period set forth in Subsection (b), but extend the forty-five (45-) day period for good cause.

570.7 Within forty-five (45) days of receiving favorable reports from all coordinating agencies, DCRA shall publish notice of the proposed vending development zone in the District of Columbia Register. Within forty-five (45) days of publication of notice in the D.C. Register, DCRA shall hold a public hearing to solicit public comments on the VDZ application. The DCRA Director shall publish notice of the hearing in the District of Columbia Register, give notice of the hearing to the affected Advisory Neighborhood Commission, and post copies of the application on the DCRA website at least fifteen (15) calendar days before the hearing.

570.8 Within forty-five (45) days after the public hearing, the DCRA Director shall either approve or deny the VDZ application based upon the information in the VDZ application and the findings from the public hearing.

570.9 The DCRA Director shall assist in the implementation of the VDZ vending strategy. Vending Business Licenses and Vending Site Permits shall be issued consistent with the approved VDZ application. Pursuant to the VDZ vending strategy, the DCRA Director shall manage the site delegation and distribution of Vendor Locations to vendor site applicants.

570.10 The DCRA Director may require the VDZ applicant or vendors in a VDZ to provide information or reports that are needed to assess long-term benefits or disadvantages of the innovative vending practices.

570.11 The Director may suspend or revoke a vendor’s Vending Business License or Vending Site Permit if the vendor fails to comply with the VDZ vending strategy.

570.12 The Director shall discontinue a VDZ if:

(a) The VDZ vending strategy fails to achieve the purpose and intent of the VDZ; or

(b) The Director determines that it is not in the best interest of the public to continue the VDZ, based on such factors as:

(1) Poor management of the VDZ;

(2) Unsafe conditions resulting from the VDZ; and

(3) Failure to follow or maintain the vending plan contained in the VDZ application.

570.13 Before the DCRA Director discontinues a VDZ, the DCRA Director shall provide written notice to the businesses, organizations, or agencies administering the VDZ of the intent to discontinue the VDZ and the reasons for the discontinuance.

570.14 Within forty-five (45) days of receiving the written notice from the DCRA Director, the businesses, organizations, or agencies administering the VDZ shall cure the identified reasons for the discontinuance of the VDZ. The DCRA Director, at his or her discretion, may extend the forty-five (45) day period for good cause.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 571 SPECIAL EVENTS

571.1 Persons who are authorized by the organizer of a licensed Special Event to vend within the boundaries of a licensed Special Event may vend without a Vending Business License or Vending Site Permit.

571.2 A vendor authorized to vend within the boundaries of a licensed Special Event area shall comply with all applicable laws and regulations regarding the registration of vendor’s business with the Office of Tax and Revenue and DCRA and shall comply with any standards imposed by DOH or other relevant agencies.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 572 STREET PHOTOGRAPHY: REQUIREMENTS AND RESTRICTIONS

572.1 A vendor holding a Vending Business License (Class D) for street photography (and each individual working as an employee or independent contractor of the vendor) shall deliver or cause to be delivered a finished photograph of the person purchasing the photograph either at the time of the purchase of the photograph or within a time period specified on a card handed to the person at the time of the taking of the photograph.

572.2 The card required by § 572.1 shall contain the following:

(a) The name of the vendor;

(b) The name of the employee or independent contractor (if any) taking the photograph;

(c) The vendor’s Vending Business License Number;

(d) The employee’s or independent contractor’s Vendor Employee Identification Badge number;

(e) The telephone number of the vendor; and

(f) The time period within which the photograph shall be delivered and a statement that if the photograph is not delivered within the time period specified on the card, the vendor shall refund the purchase price.

572.3 Each finished photograph shall be clear and sharp, and shall show no blur of focus or camera movement which affects the principal subject.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 573 SOLICITING: GENERAL PROVISIONS

573.1 No person shall solicit any person from a street, sidewalk, or other public space, or in any way interfere with the free passage of any person along any street, sidewalk, or other public space, for the purpose of inducing that person to do any of the following:

(a) Buy any merchandise, food, or service;

(b) Patronize any hotel, motel, inn, or boarding house; or

(c) Patronize any place of entertainment or amusement.

573.2 No person shall solicit any other person within or on the grounds of any railroad or bus station or depot, or on public space in the District, for the purpose of securing a passenger or passengers for transportation for hire, unless properly licensed and permitted to do so by the Mayor.

573.3 No person shall, on any public highway in the District, solicit employment to guard, watch, wash, clean, repair, or paint, any automobile or other vehicle, except as provided for in Title 18 of the DCMR.

573.4 No person shall remain in front of or enter any store or vending business where goods are sold at retail for the purpose of enticing away or in any manner interfering with any person who may be in front of or who may have entered the store or vending business for the purpose of buying.

573.5 Unless issued a valid Class D Vending Business License or engaged in a transaction with a Class D Vending Business Licensed vendor, no person shall sell or offer to sell tickets from the sidewalks, streets, or public spaces anywhere in the District for any sightseeing bus tours of any kind.

573.6 Class D Vendors may only sell tickets in areas designated for that specific purpose, pursuant to § 573.7.

573.7 Class D license holders who provide sightseeing bus services are authorized to vend from public space within ten feet (10 ft.) of a sign designating a stop of the sightseeing bus for which the person is selling tickets; provided, that the sign has been permitted and approved by the DDOT Director pursuant to § 3306 of Chapter 33 of Title 24 of the DCMR. No structure or fixture, including “A” frame signs, podiums, kiosks, or any other material, whether temporary or permanent, shall be placed in public space.

573.8 No person shall sell or offer to sell any ticket from the sidewalks, streets, or public spaces anywhere in the District of Columbia for any excursion, musical or theatrical performance, opera, sporting event, circus, or any entertainment of any kind; provided, that sales of tickets on public space for sightseeing bus excursions shall comply with the provisions of§§ 573.5, 573.6, and 573.7.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Vending Regulations Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0079; 63 DCR 762 (January 22, 2016)). 573A VENDING: TICKET SALES 573A.1 Notwithstanding § 573 , the DCRA Director in consultation with the Metropolitan Police Department and after consultation with any associated entertainment venue may establish a Ticket Resale Zone (TRZ) on a sidewalk, street, or other public space within which the sale of tickets may be authorized by the DCRA Director after approval from DDOT pursuant to § 501.2(b). A TRZ shall not be established within 1000 feet of an entertainment venue if the establishment thereof is objected to by the venue operator. 573A.2 The Director of DCRA shall establish a TRZ by publishing a notice in the D.C. Register setting forth the location of the TRZ. The notice shall be published at least seven (7) days before the zone will be used for ticket sales. 573A.3 The Director of DCRA may rescind the designation of an area as a TRZ by publishing a notice of rescission in the D.C. Register; provided, that the DDOT Director may rescind the designation of an area as a TRZ before publication of such a notice by posting notices of rescission at the TRZ. 573A.4 DCRA may issue Vending Site Permits authorizing persons holding Class D Vending Licenses for ticket sales to sell tickets in a TRZ according to the provisions of this chapter. 573A.5 A Vending Site Permit authorizing the sale of tickets from a TRZ shall specify the: "(a) Date(s) on which ticket sales are authorized; "(b) Time(s) during which ticket sales are authorized; and "( c) Ticket Resale Zone at which ticket sales are authorized. 573A.6 In order to obtain a Vending Site Permit, a person holding a Class D Vending License for ticket sales shall, by the fifteenth (15th) day of any calendar month, submit, on a form prescribed by the Director of DCRA, a request for any dates that the person desires Vending Site Permits to sell tickets in a TRZ for the following month. 573A. 7 If requests from licensees for Vending Site Permits exceed the number of available permits for a TRZ for a particular date and time, DCRA shall assign the available spaces through a lottery. DCRA shall publish the results of the lottery on the DCRA website. 573A.8 The venue associated with a TRZ shall, upon request, be granted one (1) Vending Site Permit for any requested event if the request is submitted by the fifteenth (15th) day of the previous calendar month or at the discretion of DCRA. 573A.9 A person may sell or offer to sell tickets from a TRZ if: (a) The person holds a Class D Vending License for ticket sales or is the venue associated with the TRZ; (b) The person conspicuously displays his or her Vending Site Permit and Class D Vending License for ticket sales or an identification card provided to a venue by DCRA; (c) The person has been issued a Vending Site Permit by DCRA authorizing him or her to sell tickets from the TRZ; (d) The person is buying, selling, or offering to buy or sell tickets pursuant to the terms of the Vending Site Permit; and (e) The person is buying, selling, or offering to buy or sell tickets for an event scheduled to begin within six (6) hours of the time of sale. 573A.10 To conduct a sale in a TRZ, a ticket sale licensee must, in addition to operating in compliance with § 573A.9, provide a receipt to the non-licensee on a form prescribed by the Director of DCRA. If both the buyer and seller are licensees, each shall provide a receipt to the other party. 573A.11 An unlicensed person may sell tickets to a license holder who is operating in a TRZ in accordance with this chapter. 573A.12 Subject to the hearing provisions of§ 573A.13, the Director of DCRA may summarily suspend the Vending Site Permit of a person who violates §§ 573A.9 or 573A.10, and may further determine, in his or her reasonable discretion after providing notice to the person and an opportunity to be heard, that the person whose Vending Site Permit has been suspended shall for up to two (2) years be ineligible for a Vending Site Permit or any similar successor license or permit. 573A.13 A licensee may appeal a suspension of a Vending Site Permit pursuant to § 573A.12 by: (a) Requesting a review from the Director of DCRA or his or her designate, which shall be provided within three (3) business days of receipt of a hearing request. The licensee may appeal any decision reached by DCRA in the review to the Office of Administrative Hearings; or (b) Requesting a hearing with the Office of Administrative Hearings, which shall be provided within three (3) business days of receipt of a hearing request. 573A.14 This section shall expire 90 days after the effective date of the Vending Regulations Amendment Act of 2015, passed on 2nd reading on December 15, 2015 (Enrolled version of Bill 21-113).
• SOURCE: Vending Regulations Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0079; 63 DCR 762 (January 22, 2016))[EXPIRES 90 days from March 9, 2016]. District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 573- 573A

24 DCMR § 574 VENDING DEPOT REQUIREMENTS

574.1 Vending depots servicing vending vehicles or carts with Class A Vending Business Licenses shall provide all of the following services to a vendor in accordance with Chapter 37, Subtitle A (Food and Food Operations) of Title 25 of the DCMR:

(a) Storage of the vending vehicle or cart;

(b) Food preparation, including approved food handling areas, as needed;

(c) Proper storage of inventory, such as food, utensils and supplies;

(d) Basic maintenance and cleaning, including:

(1) Hot and cold water;

(2) Sloped and properly drained cleaning area;

(3) Potable water; and

(4) Electrical outlets; and

(e) Proper disposal of trash and food waste, such as garbage and liquid.

574.2 The operator of a vending depot shall maintain a ledger that includes current information on the name, license number, and address of each vendor and supplier doing business with the operator. This ledger shall be made available during regular business hours for inspection by any duly authorized District government agent in accordance with § 3701, Subtitle A of Title 25 of the DCMR.

574.3 The operator of a vending depot may offer additional services to a vendor, such as the wholesale sale of food or beverages or towing services; provided, that the vending depot shall not require that a vendor accept any additional services as part of the contract to provide the minimum services set forth in § 574.1.

574.4 The operator of a vending depot shall:

(a) Comply with all applicable laws and regulations regarding registration of the person’s business with the Office of Tax and Revenue and DCRA;

(b) Obtain all necessary business licenses from DCRA; and

(c) Comply with the Subtitle A of Title 25 of the DCMR and all applicable standards imposed by DOH or other relevant agencies.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 575 PENALTIES

575.1 A person violating any provision of this chapter may be issued a civil infraction pursuant to Chapter 33 of Title 16 of the DCMR.

575.2 A fine imposed under this section shall be imposed and adjudicated pursuant to Titles I—III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq. (2007 Repl. & 2012 Supp.)).

575.3 Any fines issued pursuant to this section may be in addition to the revocation or suspension of a vendor’s Vending Business License or Vending Site Permit.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 576 SEVERABILITY

576.1 If any provision of this chapter, or the application of any provision of this chapter, is held invalid in any circumstance, the validity of the remainder of the provisions of this chapter, and the application of any provision in any other circumstance, shall not be affected; and to this end, the provisions of this chapter shall be severable.

History

• SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24 DCMR § 599 DEFINITIONS

599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Central Vending Zone – the area delineated by the boundaries listed in § 526.1.

Clean Hands Certification – the certification required by the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118; D.C. Official Code §§ 47-2861, et seq. (2012 Supp.)).

Coordinating Agencies – the several District agencies identified in § 570.4.

Coordinating Agency – any of the Coordinating Agencies.

DCRA Director – the Director of the Department of Consumer and Regulatory Affairs.

DCRA – the Department of Consumer and Regulatory Affairs.

DCRA Business Licensing Center – the Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Second Floor, Washington, D.C. 20024.

DDOT – the District Department of Transportation.

DDOT Director – the Director of the District Department of Transportation.

DOH – the Department of Health.

DOH Director – the Director of the District Department of Health.

FEMS – the District of Columbia Fire and Emergency Medical Services Department.

Fire Chief – the Chief of the District of Columbia Fire and Emergency Medical Services Department.

Fire Marshal – the Fire Marshal of the District of Columbia Fire and Emergency Medical Services Department.

Fixture – any District government-authorized furniture or equipment that is secured or permanently affixed to the public right-of-way or other public space.

Food – any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum as defined in the Food Code.

Food Code – Subtitle A (Food and Food Operations) Title 25 of the District of Columbia Municipal Regulations.

Ice cream vending vehicle - a vending vehicle, vending cart, or vending stand from which pre-packaged ice cream, popsicles, ice sherbets or frozen desserts of any kind are carried for the purposes of vending in public space.

Metrobus Stop Zone – that area of the public roadway specifically designated for the exclusive use of Metrobus in loading and unloading passengers.

Mobile Roadway Vendor - a vendor who operates a vending business in locations, pursuant to the requirements of §§ 533 through 536, while occupying public space in that portion of a street or highway that is improved, designed, or ordinarily used for vehicular parking.

Mobile Roadway Vending location – A vending location containing at least three parking spaces, and designated by appropriate signage.

Mobile Roadway Vending vehicle – A self-propelled vending vehicle.

MPD – the Metropolitan Police Department.

MPD Chief – the Chief of the Metropolitan Police Department.

Nationals Park Vending Zone – the Vending Locations designated in § 529.1.

Neighborhood Vending Zones – any of the several areas delineated by the boundaries in § 528.1.

Old Georgetown – the area delineated by the boundaries in § 527.1.

Old Georgetown Vending Zone – the area designated by § 527.2.

Person – any individual or business entity.

Public and private market – a vending operation which takes place in an area of public space set aside and permitted on a regular basis for the sale of goods, merchandise, and services provided on site. The terms “public market” and “private market” may include a farmers market, flea market, antiques market, or other similar type of market.

Public space – all publicly-owned property between property lines on a street, as such property lines are shown on the records of the District of Columbia, including any roadway, tree space, sidewalk, or parking area between property lines.

Registered agent – any person who maintains a residence or business address in the District of Columbia and is authorized by a vendor and agrees to accept service of process and legal notices on behalf of a vendor.

Roadway vendor – a vendor who operates a vending business while occupying public space in that portion of a street or highway that is improved, designed, or ordinarily used for vehicular parking.

School day – the period from 9:00 a.m. to 3:00 p.m. on a regular instructional day during the school year of the District of Columbia Public Schools, as defined in DCMR Title 5, Subtitle E, § 305.

Sidewalk vendor – a vendor at a sidewalk Vending Location who engages in business while occupying a portion of the public right of way other than that reserved for vehicular travel.

Special Event – an activity, such as shows and exhibits of any kind, conventions, parades, circuses, sporting events, fairs, and carnivals, held for a limited period at a designated location on public space and authorized by the Mayor, pursuant to D.C. Official Code § 47-2826 (2005 Repl.).

Stationary roadway vendor – a vendor who operates a vending business while occupying a fixed location with a valid vending site permit in an assigned roadway vending location as designated in § 531;

Street photography – the business of operating on public space and taking photographs, for profit or gain, of any person or persons upon public space with the intent to immediately, or within a reasonably brief time, deliver the photograph to the purchaser.

VDZ – shall have the same meaning as a Vending Development Zone.

Vending business – a business venue for the vending of food, products, services, or merchandise and operated by a licensed vendor.

Vending Business License – the basic business license with a vending endorsement issued by the Department of Consumer and Regulatory Affairs.

Vending cart – a wheeled, non-motorized, self-contained apparatus designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk Vending Location, and from which food, products, merchandise, or services are intended to be vended.

Vending depot – any business that supplies vendors with merchandise, products, or food items, or that, for a fee, stores, services, or maintains vending stands, carts, or vehicles.

Vending Development Zone – a specific vending area created pursuant to § 570.

Vendor Employee Identification Badge – the badge issued by the Director of the Department of Consumer and Regulatory Affairs to a person employed by a licensed vendor pursuant to § 564.

Vending establishment – the actual structure that will constitute the means by which a vendor will offer goods or food for sale to the public, including vending vehicles, vending stands, and vending carts.

Vending Location – any of the locations in the public space identified by the Director of the District Department of Transportation as being suitable for vending.

Vending Site Permit – the permit issued by the Director of the Department of Consumer and Regulatory Affairs allowing for vending from the public space at a specified Vending Location.

Vending stand – a table or other similar approved structure used by a vendor for displaying merchandise, products, or food that is offered for sale, or offering a service in exchange for a fee.

Vending vehicle – a wheeled, self-contained vehicle used for the purpose of selling food, merchandise, products, or services upon the area of a street generally reserved for vehicular traffic or vehicular parking. The term “vending vehicle” may include trailers and self-propelled vehicles.

Vendor – any person engaged in selling goods and services exclusively from the public space and for the immediate delivery upon purchase.

History

• SOURCE: Regulation No. 74-39, 21 DCR 1285 (December 23, 1974); as amended by § 2 of the Vendors Regulation Amendments Act of 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by § 502 of the District of Columbia Revenue Act of 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); as amended by § 2 of the Vendors Regulation Amendment Act of 1988 (D.C. Law 7-121; 35 DCR 2874 (April 22, 1988)); as amended by Final Rulemaking published at 36 DCR 6846 (September 29, 1989); as amended by § 116 of the Omnibus Budget Support Act of 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).

24-6 PARKING FACILITIES AND VALET PARKING

24 DCMR § 600 ADMINISTRATION AND ENFORCEMENT

600.1 No person, firm, corporation, co-partnership, association, trustee, or administrator shall engage in any of the businesses designated in this chapter without first having obtained the appropriate license or licenses under this chapter.

600.2 All licenses shall be issued by the Director of the Department of Consumer and Regulatory Affairs (Director) or the Director’s designee.

600.3 Any license issued under this chapter may be suspended or revoked by the Director for failure of the licensee to comply with the laws or regulations applicable to the licensed business under this chapter.

600.4 Any violation of any of the provisions of this chapter shall subject the offender to the penalties prescribed in D.C. Official Code § 47-2846 (2001) and Title 16, Chapter 32 of the District of Columbia Municipal Regulations.

600.5 Any person who makes any false or misleading statement in the filing of any information required under this chapter shall be subject to the penalties prescribed in D.C. Code § 47-2846 (2001) and may have his or her license suspended or revoked by the Director.

History

• AUTHORITY: D.C. Official Code §§ 47-2832.01, 47-2851.12, and 47-2851.20.
• SOURCE: Article 28, §§3 & 4 of the Police Regulations (1981); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 601 INSURANCE

601.1 Prior to issuance of a license, an applicant for a parking facility license or a valet parking license shall furnish to the Director a certificate of insurance, issued by an insurer authorized to do business in the District, evidencing umbrella coverage of a minimum of two million dollars ($2,000,000).

601.2 Each licensee shall give, in writing, advance notice to the Director prior to the cancellation or lapse of the policy. The licensee shall maintain the insurance required under this chapter in full force and effect for the duration of the license period.

601.3 Violation of this section shall be grounds for the Director to suspend or revoke the license.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 602 PARKING FACILITY LICENSE

602.1 Owners or managers of any premises, or parts of any premises, where vehicles of any description are stored or kept for other people, for profit or gain, shall obtain a license and pay a license fee, except as provided in § 602.2; such businesses shall also obtain all other business licensure as required by law or regulation. Any parking facility licensee that operates valet parking services, as defined in § 613.1, shall also obtain a valet parking license, as provided in § 613.

602.2 In cases where a person or business operates parking facilities in multiple locations, each parking facility location shall require a separate license.

602.3 Where the area of a parking facility is five hundred square feet (500 ft.2) or less, the provisions of this chapter shall not apply.

602.4 Where the area of a parking facility is more than five hundred square feet (500 ft.2), the owner or manager of the parking lot shall obtain a license and pay a license fee.

602.5 Each license shall be valid for two (2) years and shall expire at the end of the license period.

602.6 Where more than one (1) of the designations of parking facilities is conducted or operated by any one (1) person, the license fee shall be paid for each type of business designation.

602.7 Each licensee shall comply with all applicable traffic laws and parking regulations when providing parking facility services.

History

• SOURCE: Article 28, §§1(a), (b) & (c) of the Police Regulations (1981) (as section 601); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 603 APPLICATION FOR PARKING FACILITY LICENSE

603.1 No license for a parking facility issued under the provisions of this chapter shall be issued until application is made to the Department of Consumer and Regulatory Affairs (Department), upon a form furnished by the Director.

603.2 Each application shall be signed by the owner or manager of each business and shall correctly set forth the information required on the application form.

603.3 Each applicant shall correctly state the following:

(a) The ownership and location of the premises, or the parts of the premises, to be used for the storage and keeping of vehicles;

(b) The area in square feet (ft.2) to be used in the business;

(c) For surface parking lots, a description of any curbing or fencing to be maintained as required under § 605 of this chapter; and

(d) Any other information deemed necessary and appearing on the application form that is provided.

603.4 Each application shall be accompanied by a Certificate of Occupancy issued for the property to be used by the applicant. Applicants for surface parking lots shall additionally provide a plat showing the size and area of the land, as prepared by the District Surveyor.

603.5 Where fences, copings, driveways, or other uses of public space are required, they must meet the requirements of and be permitted by the District Department of Transportation.

603.6 An applicant who is not a resident of the District of Columbia shall, as a condition to the issuance of a license, employ as his or her agent a person who is a resident of the District or who has a place of business in the District, and upon whom may be served all notices and court processes in connection with or arising out of the licensee’s business operation. The designated agent shall certify on the application that he or she has agreed to act as an agent for the licensee.

603.7 The appointment or employment of an agent shall be maintained during the period of time for which a license is issued; whenever any change is made in the appointment or employment of the agent required by this section, the licensee shall deliver to the Director a written notice of the change not less than five (5) days after the change.

603.8 The Director, upon finding that an agent designated by a licensee in accordance with the requirements of this section is not, after reasonable search, to be found in the District for the purpose of serving the licensee any notice or process required to be served, may institute a proceeding for the suspension or revocation of the license issued to the licensee; and notice of the suspension or revocation shall be effective if mailed to the last known address of the licensee appearing in the Department’s records.

History

• SOURCE: Article 28, §§1(d), (e) & (f) of the Police Regulations (1981) (as section 602); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 604 TRANSFER AND MODIFICATION OF LICENSES

604.1 Upon any change in the ownership, management, or mailing address of the licensed business, the parking facility licensee shall immediately notify the Director of that fact.

604.2 The new owner, resident general agent, or attorney, as the case may be, shall be responsible for the conduct of the business after a change in ownership or management and shall, in a timely manner, file a new application with the Director.

History

• SOURCE: Article 28, §1(h) of the Police Regulations (1981); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 605 CONSTRUCTION AND FIRE SAFETY

605.1 Parking facilities shall at all times comply with the fire prevention laws and regulations of the District of Columbia.

605.2 No frame structure shall be erected, constructed, or maintained upon any surface parking lot or ground that is more than forty square feet (40 ft.2) in area. Any such structures shall comply with District Construction Codes requirements.

605.3 No license shall be issued for any surface parking lot or ground abutting public space, not including public alleys, unless the division line between the public space and the surface parking lot or ground is marked by the coping or fence required under this section.

605.4 The coping or fence required under this section for surface parking lots shall be built entirely on private property and the licensee shall apply for the necessary permitting.

605.5 Coping shall consist of a regulation eight inch (8 in.) coping made of concrete.

605.6 Fencing shall be of an approved design, not less than two feet six inches (2 ft. 6 in.) in height; and may be made of cable, bar, wire, or chain construction with concrete, iron, pipe, or wood posts.

605.7 Failure to erect or maintain the coping or fence for surface parking lots required under this section shall be a violation of this chapter.

605.8 All curb cuts and driveways shall meet the specifications of and be permitted by the District Department of Transportation.

605.9 Businesses abutting on one (1) street shall be limited to two (2) driveways, and businesses abutting on two (2) or more streets shall be limited to three (3) driveways.

605.10 Lots and grounds paved with impervious material shall be graded and provided with approved drains so that no drainage will flow across the sidewalk.

605.11 No paving on public space shall be done without first obtaining permit from the District Department of Transportation.

History

• SOURCE: Article 28, §§2(c) & (d) of the Police Regulations (1981) (as sections 605-608); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 606 INSPECTION OF PREMISES

606.1 Licensed premises shall be open during business hours to inspection by authorized agents of the District government.

606.2 No person shall obstruct or interfere with any District agent when the agent is on official inspection business.

History

• SOURCE: Article 28, §2(b) of the Police Regulations (1981) (as section 609); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 607 PARKING OF VEHICLES

607.1 At the time of the acceptance of the motor vehicle for parking in or upon a licensed premise, the licensee shall supply a claim check or receipt to the person leaving the vehicle for storage.

607.2 Each claim check or receipt shall be distinctly numbered to correspond with a coupon that shall be placed upon the motor vehicle during the time the vehicle is stored.

607.3 Each claim check shall show on its face the following:

(a) The personal or business name of the licensee; and

(b) The street address of the premise where the vehicle is stored; or

(c) A claim number the licensee can rely upon to determine the location where the vehicle is stored.

607.4 On premises not having motor vehicle servicing facilities, or that use overflow premises for storage, a notice or sign shall be placed in a conspicuous location notifying the public of the fact that vehicles are stored off-premises.

607.5 No vehicle shall be parked or caused to be parked so that it or any part of it is on or projects over public space, except as provided in Chapter 2 of this Title.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 608 OPERATING REQUIREMENTS

608.1 Each parking facility licensed under this chapter shall be kept free from broken glass and other objects that could cut or damage the tires on vehicles parked at the facility.

608.2 At all times, licensees shall keep sidewalks, parkings, or any public space immediately abutting the licensed premises, free and clear of dirt, gravel, mud, stones, grease, and oil.

608.3 No person soliciting another to park an automobile shall solicit in such manner as to create a traffic hazard, or obstruct or interfere with the free passage of pedestrians or vehicles.

608.4 Any parking facility that operates a manlift or any similar device, or allows any employee to utilize such a device on the premises of the parking facility, shall ensure that:

(a) The device is properly licensed;

(b) The parking facilities’ employees are properly trained in the use of the device; and

(c) Operation of the device is in compliance with applicable District laws and regulations.

History

• SOURCE: Article 28, §§1(h), 2(h) & 7 of the Police Regulations (1981) (as section 611); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 609 PARKING FACILITY SIGNS AND NOTICE OF PARKING FEES

609.1 In all areas other than those zoned only for residential use, each licensee shall place and maintain a legible and conspicuous sign that is clearly visible at every entrance to the licensed premises. Each sign shall state the name of the licensee and the hours of the day and night during which the premises are open and attended for the storage of vehicles; and it shall comply with all applicable regulations in force in the District of Columbia.

609.2 Each sign shall also state, in a clearly visible manner, the hourly and daily rates charged for the storage of vehicles on the paid premises.

609.3 No licensee shall charge, or permit to be charged, any greater fee than is posted at the time of entry. Rates applicable to weekly or monthly contracts, however, need not be posted.

609.4 The provisions of this section shall also apply to parking facilities located in residential zones, except that each sign shall conform to the sign regulations applicable to residential zones.

History

• SOURCE: Article 28, §2(k) of the Police Regulations (1981) (as section 612); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 610 PARKING FACILITY ATTENDANTS

610.1 Except as permitted in § 610.2, any person employed to park or supervise the parking of automobiles in a parking facility, or who parks or supervises the parking of automobiles in a parking facility, must possess a parking facility attendant’s license and pay a license fee.

610.2 The owner or operator of a parking facility, or the owner’s duly authorized agent, may employ an individual who does not hold a parking facility attendant’s license, but who does hold a valid motor vehicle operator’s license, to park or supervise the parking of automobiles for not more than seventy-two (72) hours before the submission by the attendant of an application to the Director, and upon the issuance by the Director of a receipt prescribed in this section.

610.3 Each license shall be valid for two (2) years.

610.4 The licensee shall carry the license issued under this section on his or her person at all times while engaged in the licensed occupation.

610.5 The licensee shall exhibit his or her license on demand to any customer of the parking lot, or to any authorized representative of the District government.

610.6 The license issued to any individual may be revoked at any time in accordance with the terms of D.C. Official Code § 47-2844 (2001).

610.7 No person shall be issued a parking facility attendant’s license unless he or she possesses a valid motor vehicle operator’s license.

610.8 No person shall operate a motor vehicle under the authority of a parking facility attendant’s license unless the person also has been issued, and has in his or her possession at the time of operating the motor vehicle, a valid motor vehicle operator’s license.

610.9 While providing parking facility services, each licensee shall wear a uniform that identifies the licensee as working for a parking lot company.

History

• SOURCE: Article 28, §§5(a), (b), (d) & (e) of the Police Regulations (1981) (as section 615); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 611 APPLICATION FOR PARKING FACILITY ATTENDANT’S LICENSE

611.1 Any individual desiring a parking facility attendant’s license shall correctly provide, upon a form prescribed by the Director, the following information:

(a) The applicant’s full name and address;

(b) The applicant’s color of hair and eyes;

(c) The applicant’s date of birth and sex;

(d) The number and date of expiration of the applicant’s motor vehicle operator’s license; and

(e) A statement of whether the applicant has ever been convicted of a felony or misdemeanor.

611.2 Each applicant shall include with his or her application a copy of the applicant’s police record from the jurisdiction in which he or she resides on the date of the application, which is certified by the chief of police of that jurisdiction.

611.3 On receipt of the application, the Director shall issue to the applicant a receipt, certifying that the application has been received.

611.4 Upon the approval of the application by the Director, the Director shall issue to the applicant a license for two (2) years.

611.5 When an applicant for a parking attendant’s license has submitted his or her application and has been issued the receipt by the Director, as provided for in this section, that receipt shall have the full force and effect of a license until the Director either issues the license or denies the application. The Director may require additional information or documentation necessary to determine the applicant’s fitness to receive a license and may deny a license to an applicant who fails to provide the required information or supporting documentation.

611.6 In addition to those grounds otherwise outlined by law or regulation, the Director shall have the authority to deny, revoke, or suspend the license if the applicant or licensee:

(a) Fails to meet or maintain the qualifications for licensure as outlined in this chapter; or

(b) If the Director finds that the applicant or licensee shows a disregard for safety, property, welfare of an individual, or the general public, or is otherwise unfit to work as a parking lot facility attendant.

History

• SOURCE: Article 28, §§5(b) & (c) of the Police Regulations (1981) (as section 616); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 612 NON-DRIVING PARKING FACILITY ATTENDANTS

612.1 Notwithstanding the requirements of § 610.9 of this section, the Director may waive the requirement that the applicant possess a valid motor vehicle operator’s license when an application is accompanied by the following:

(a) An affidavit from the owner or operator of the parking facility at which the applicant is to be employed stating that the applicant will, under no circumstances, be required or allowed to operate a motor vehicle while he or she is employed as a parking attendant in that establishment; and

(b) An affidavit from the applicant stating that the applicant will not operate any motor vehicle while he or she is employed as a parking attendant.

612.2 Any parking facility attendant subject to § 612.1 shall have clearly indicated on his or her license information identifying the attendant as a person not authorized to operate a motor vehicle in the course of his or her employment.

612.3 The operation of a motor vehicle in the course of employment by a parking facility attendant subject to § 612.1 shall constitute a violation of this chapter. Conviction of this violation shall constitute grounds for the revocation of the license issued to the attendant.

612.4 A parking facility attendant subject to § 612.1 shall submit a new application for a parking facility attendant’s license if the terms of employment of the parking facility attendant require him or her to operate a motor vehicle.

History

• SOURCE: Article 28, §5(b) of the Police Regulations (1981) (as section 617); as amended by Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 613 VALET PARKING LICENSE

613.1 Owners or managers of businesses that take a vehicle in public space and park it, for profit or gain, shall obtain a license and pay a license fee (such fee is separate from any fees required by the District Department of Transportation pursuant to Chapter 16 of Title 24 of the District of Columbia Municipal Regulations). Any valet parking licensee that operates a parking facility, as defined in § 602.1, shall also obtain a parking facility license, as provided in § 602; provided, that a parking facility licensee shall not be required to obtain a valet parking license for services provided by the parking facility licensee’s parking attendants.

613.2 Each license shall be valid for two (2) years, shall be good only for the specific designation on the license, and shall expire at the end of the license period.

613.3 Each licensee shall comply with all applicable traffic laws and parking regulations when providing valet parking services.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 614 APPLICATION FOR VALET PARKING LICENSE

614.1 No license for valet parking issued under the provisions of this chapter shall be issued until application is made to the Department of Consumer and Regulatory Affairs, upon a form furnished by the Director.

614.2 Each application shall be signed by the owner or manager of each business and shall correctly set forth the information required on the application form.

614.3 No license shall be issued unless the applicant certifies that he or she has reviewed applicable District zoning laws and regulations and the applicant’s business is not required to obtain a Certificate of Occupancy.

614.4 An applicant who is not a resident of the District of Columbia shall, as a condition to the issuance of a license, employ as his or her agent a person who is a resident of the District or who has a place of business in the District, and upon whom may be served all notices and court processes in connection with or arising out of the licensee’s business operation. The designated agent shall certify on the application that he or she has agreed to act as an agent for the licensee.

614.5 The appointment or employment of an agent shall be maintained during the period of time for which a license is issued; whenever any change is made in the appointment or employment of the agent required by this section, the licensee shall deliver to the Director a written notice of the change not less than five (5) days after the change.

614.6 The Director, upon finding that an agent designated by a licensee in accordance with the requirements of this section is not, after reasonable search, to be found in the District for the purpose of serving the licensee any notice or process required to be served, may institute a proceeding for the suspension or revocation of the license issued to the licensee; and notice of the suspension or revocation shall be effective if mailed to the last known address of the licensee appearing in the Department’s records.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 615 TRANSFER AND MODIFICATION OF LICENSES

615.1 Upon any change in the ownership, management, or mailing address of a licensed valet parking business, the licensee shall immediately notify the Director of that fact.

615.2 The new owner, resident general agent, or attorney, as the case may be, shall be responsible for the conduct of the business after a change in ownership or management and shall, in a timely manner, file a new application with the Director.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 616 VALET PARKING OF VEHICLES

616.1 At the time of the acceptance of the motor vehicle for valet parking, the licensee shall supply a claim check or receipt to the person leaving the vehicle for valet parking.

616.2 Each claim check or receipt shall be distinctly numbered to correspond with a coupon that shall be placed upon the motor vehicle’s dashboard during the time the vehicle is valet parked.

616.3 Each claim check or receipt shall show, on its face, the personal or business name of the licensee.

616.4 For each vehicle that has been valet parked by the licensee, the licensee shall store the keys of that vehicle in a secure manner and location.

616.5 No motor vehicle shall be parked or caused to be parked so that it is parked in a public space not zoned for the parking of motor vehicles, or in a manner proscribed by the District Department of Transportation in Title 24, Chapter 16 of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 617 VALET PARKING SIGNS AND NOTICE OF VALET PARKING FEES

617.1 Each licensee shall place and maintain a legible and conspicuous sign that complies with the requirements of the District Department of Transportation, as provided for in Title 24, Chapter 16 of the District of Columbia Municipal Regulations.

617.2 Each sign shall state the fees charged for the valet parking of motor vehicles.

617.3 No licensee shall charge, or permit to be charged, any greater fee than is posted.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 618 PENALTIES

618.1 Each licensee shall be liable for all penalties provided for violation of any of the provisions of this chapter, whether the violations are committed by the licensee or the licensee’s agent or employee.

618.2 Pursuant to D.C. Official Code § 47-2846, any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($300) or imprisoned for not more than thirty (30) days, or both.

618.3 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this regulation pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this regulation shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 619 NOTICE OF PROPOSED ACTION AND APPEAL RIGHTS

619.1 If the Department proposes to deny, suspend or revoke a license, a written notice shall be provided to the applicant or licensee, which states the proposed action and the basis for the proposed action.

619.2 The notice required under § 619.1 shall advise the applicant or licensee of the right to request a hearing within ten (10) business days (excluding Saturdays, Sundays, and legal holidays) from the date of the service of the notice.

619.3 The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken.

619.4 The notice shall be:

(a) Served personally upon the applicant or licensee, or the applicant or licensee’s agent; or

(b) Sent by first class mail to the home or business address of the applicant or licensee, or the applicant or licensee’s agent, appearing on the application or license.

619.5 A notice that is returned by the post office for reason of refusal of the addressee to accept delivery, or incorrect address, is deemed to have been properly served on the addressee by mail.

619.6 An applicant may not file a separate application during the appeal process.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24 DCMR § 620 HEARINGS AND APPEAL

620.1 Any licensee on whom a notice has been served pursuant to § 619 may file a written notice of appeal with the Office of Administrative Hearings (OAH).

620.2 All hearings and appeals shall be conducted pursuant to the regulations promulgated by OAH. Any stay of an OAH decision that results in the revocation of a license shall be issued pursuant to the procedures set forth by OAH.

History

• SOURCE: Final Rulemaking published at 56 DCR 7303 (September 4, 2009).

24-7 PARADES AND PUBLIC EVENTS

24 DCMR § 700 SPEECHES AND PUBLIC ADDRESSES

700.1 No person shall be permitted to make or deliver any address, speech, or sermon upon any subject whatever in or upon any street, avenue, alley, footway, highway, or other public space in the District of Columbia without first obtaining a permit in writing from the Chief of Police.

700.2 The permit shall designate the time and precise location where the address, speech, or sermon may be given.

700.3 A person or entity granted a permit in accordance with this chapter for an event where 100 or more attendees are anticipated shall provide infrastructure onsite for the separation and recycling of recyclable waste generated at the event. A permit holder who violates this subsection shall be subject to a fine of up to $5,000 per day.

History

• SOURCE: Article 2, § 3 of the Police Regulations (May 1980); as amended by the Special Event Waste Diversion Amendment Act of 2014, effective August 8, 2014 (D.C. Law 20-134; 61 DCR 6342 (June 27, 2014)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 700

24 DCMR § 701 MOBILE SOUND UNITS

701.1 Persons wishing to obtain a permit for a mobile sound unit shall submit an application in writing, or in person, to the Chief of Police.

701.2 Application for a mobile sound unit permit shall be made two (2) weeks before the permit is to be used.

701.3 The applicant shall supply the following information:

(a) The applicant's full name, address, and phone number;

(b) The name of the organization requesting the permit (if any), and the applicant's official position in the organization;

(c) The purpose for the sound unit; and

(d) The license number and description of the vehicle to be used.

701.4 Permits shall be issued only for sound units operating for a community, civic, or electoral purpose.

701.5 Permits shall not be issued for commercial advertising purposes.

701.6 All sound units are subject to applicable District laws and regulations governing noise control.

History

• SOURCE: 35 DCRR § 106, Special Edition (November 1980). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 701

24 DCMR § 702 OUTDOOR RELIGIOUS SERVICES

702.1 An applicant shall apply in writing or in person to the Chief of Police two (2) weeks in advance of the scheduled religious service.

702.2 Applications that are not made two (2) weeks in advance shall not be considered.

702.3 Each applicant shall be required to supply the following information:

(a) The applicant's full name, address, and phone number;

(b) The exact location where the applicant plans to speak or preach; and

(c) The exact corner (north, south, east, or west) and the intersection, if the applicant wishes to speak on a street corner.

History

• SOURCE: 35 DCRR § 107, Special Edition (November 1980). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 702

24 DCMR § 703 DISPLAY OF THE FLAG

703.1 Where metal staffs for the display of flags are authorized by the Mayor to be placed in the public space in the District of Columbia, those staffs shall be placed and flags displayed only on Washington's Birthday, Memorial Day, Flag Day, the Fourth of July, Labor Day, and other days that the Mayor may from time to time designate.

703.2 When a Sunday precedes any of the national holidays set forth in § 703.1, the flag staffs may be placed and the flags may be displayed on those staffs from 12:00 noon on the Saturday preceding the holiday.

703.3 If the holiday falls on a Saturday, the staffs may be placed and the flags may be displayed from 12:00 noon on the day preceding that Saturday.

703.4 In no instance shall the staffs or flags be allowed to remain on public space later than 12:00 noon of the day following the day authorized for their use and display, unless the following day is a Sunday. If the following day is a Sunday, the staffs and flags shall be taken down not later than 12:00 noon on the following Monday.

History

• SOURCE: Article 4, § 18 of the Police Regulations (November 1980). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 703

24 DCMR § 704 [RESERVED]

24 DCMR § 705 FIRST AMENDMENT ASSEMBLIES: GENERAL PROVISIONS

705.1 It is the declared public policy of the District of Columbia that persons and groups have a right to organize and participate in peaceful First Amendment assemblies on the streets, sidewalks, and other public ways, and in the parks of the District of Columbia, and to engage in First Amendment assembly near the object of their protest so they may be seen and heard, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in the assemblies to use the streets, sidewalks, and other public ways to travel to their intended destinations, and use the parks for recreational purposes.

705.2 A "First Amendment assembly" means a demonstration, rally, parade, march, vigil, picket line, or other similar gathering conducted for the purpose of persons expressing their political, social, religious, or other views.

705.3 The Metropolitan Police Department may impose reasonable time, place and manner restrictions on First Amendment assemblies held on District streets, sidewalks, or other public ways, or in District parks. The imposition of restrictions may occur:

(a) Through the approval of a plan, where organizers give advance notice of the intent to engage in a First Amendment assembly;

(b) During the occurrence of a First Amendment assembly for which a plan has been approved where restrictions in addition to those set forth in the approved plan are:

(1) Necessary to implement the substance and intent in the approval of the plan;

(2) Required due to the occurrence of actions or events unrelated to the First Amendment assembly that were not anticipated at the time of the approval of the plan and that were not caused by the plan-holder, counter-demonstrators, or the police; or

(3) Necessary due to a determination by the Metropolitan Police Department during the assembly that there exists an imminent likelihood of violence endangering persons or threatening to cause significant property damage; or

(c) During a First Amendment assembly where a plan was not approved for the assembly.

705.4 No time, place, or manner restriction regarding a First Amendment assembly shall be based on the content of the beliefs expressed or anticipated to be expressed during the assembly, or on factors such as the attire or appearance of persons participating or expected to participate in an assembly, nor may such restrictions favor non-First Amendment activities over First Amendment activities.

705.5 For purposes of this chapter, the following definitions may apply either to a First-Amendment assembly, or a non-First Amendment activity (depending upon whether the event meets the elements of a First Amendment assembly as set forth in Subsection 705.2):

(a) Parade. A "parade" is any formation, march, procession consisting of persons, animals, vehicles, or a combination of persons, animals, and vehicles, traveling in unison with a common purpose, upon any public street, highway, alley, sidewalk or other public way, within the territorial jurisdiction of the Metropolitan Police Department, in a manner that ordinarily would be in violation of any provision of DCMR Title 18 "Vehicles and Traffic," or any other applicable law or regulation.

(b) Race. A "race" is defined as any formation or procession of persons traveling along the same established route, with the common purpose of competing in an athletic contest. A race has a starting line and a finish line, and is often organized for charitable purposes.

(c) Walk-a-thon. A "walk-a-thon" is defined as any formation or procession of persons, walking along the same established route, with a common purpose, but without the purpose of competing against one another. A walk-a-thon has a starting line and a finish line, and is generally organized for charitable purposes.

705.6 It is not an offense under these regulations for persons to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, without having provided notice or obtained an approved assembly plan.

705.7 Providing notice and seeking plan approval under these regulations is designed to avoid situations where more than one group seeks to use the same space at the same time and to provide the Metropolitan Police Department and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.

705.8 Except as provided in Subsection 705.9, a person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall give notice and apply for approval of an assembly plan before conducting the assembly, or in the case of a non-First Amendment assembly, shall apply for a permit under applicable provisions of these regulations for non-First Amendment assembly events.

705.9 A person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, is not required to give notice or apply for approval of an assembly plan before conducting the assembly where:

(a) The assembly will take place on public sidewalks and crosswalks and will not prevent other pedestrians from using the sidewalks and crosswalks;

(b) The person or group reasonably anticipates that fewer than 50 persons will participate in the assembly, and the assembly will not occur on a District street; or

(c) The assembly is for the purpose of an immediate and spontaneous expression of views in response to a public event.

705.10 The Mayor shall not enforce any user fees on persons or groups that organize or conduct First Amendment assemblies.

705.11 The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from, the Chief of Police, or other District officials or agencies, as a prerequisite for making or delivering an address, speech, or sermon regarding any political, social, or religious subject in any District street, sidewalk, other public way, or park.

705.12 The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from the Chief of Police, the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for using a stand or structure in connection with such an assembly; provided, that a First Amendment assembly plan may contain limits on the nature, size, or number of stands or structures to be used as required to maintain public safety. Individuals conducting a First Amendment assembly under Subsection 705.9 may use a stand or structure so long as it does not prevent others from using the sidewalk, roadway, or ingress/egress to existing buildings/businesses.

705.13 The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from, the Chief of Police, the Director of the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for selling demonstration-related merchandise within an area covered by an approved plan or within an assembly covered by Subsection 705.9; provided, that nothing in this subsection shall be construed to authorize any person to sell merchandise in a plan-approved area contrary to the wishes of the plan-holder.

History

• SOURCE: Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR 102.1 – 102.3, Special Edition (November 1980); as amended by the First Amendment Rights and Police Standards Act of 2004, effective April 13, 2005 (D.C. Law 15-352; 52 DCR 2296 (March 11, 2005)); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 705

24 DCMR § 706 NOTICE AND PLAN APPROVAL PROCESS FOR FIRST AMENDMENT ASSEMBLIES: PROCESSING APPLICATIONS

706.1 Subject to the appeal process set forth in Section 712, the authority to receive and review a notice of and an application for approval of a plan for a First Amendment assembly on District streets, sidewalks, and other public ways, and in District parks, and to grant, deny, or revoke an assembly plan, is vested exclusively with the Chief of Police or his or her designee.

706.2 Persons or groups providing notice to and applying for approval of a plan from the District government to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall not be required to obtain approval for the assembly from any other official, agency, or entity in the District government, including the District of Columbia Emergency Management Agency, the Mayor's Special Events Task Group, or the Department of Parks and Recreation.

706.3 Applications for plan approval shall be filed not less than fifteen (15) days prior to the proposed date of the event. Applicants are encouraged to submit applications for approval of an assembly plan as far in advance as is practical. The purpose of the notice and plan approval process is to avoid situations where more than one group seeks to use the same space at the same time. Early submission gives the Chief of Police or his or her designee and the applicant the maximum time to resolve any issues that may arise, and minimizes the possibility that an approved plan will already have been issued to another group for the desired time and place. It also provides the Metropolitan Police Department and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.

706.4 The Chief of Police or his or her designee shall take final action on a notice of and an application for approval of a plan for a First Amendment assembly within a reasonably prompt period of time following receipt of the completed application, considering such factors as the anticipated size of the assembly, the proposed date and location, and the number of days between the application date and the proposed assembly date.

706.5 Where a complete application for approval of a First Amendment assembly plan is filed sixty (60) days or more prior to the proposed assembly date, the application shall receive final action no later than thirty (30) days prior to the proposed assembly. This provision shall not apply where the applicant has voluntarily agreed to waive the thirty (30) day time limit.

706.6 Following the approval of an assembly plan under this Chapter, the Chief of Police or his or her designee may, after consultations with the person or group giving notice of the assembly, amend the plan to make reasonable modifications to the assembly location or route up until ten (10) days prior to the assembly date based on considerations of public safety.

706.7 Where modifications to the assembly location or route are requested by the applicant, the approved plan may be amended at any time by the Chief of Police or his or her designee prior to the date of the event in accordance with the applicant's request.

706.8 Where applications to approve a First Amendment assembly plan are not submitted in a timely manner, the Chief of Police or his or her designee may deny an application in the interest of public safety based on the criteria set forth in Subsection 706.9. Applications filed less than ten (10) days prior to the proposed date of the event shall receive favorable action only if there is sufficient time to review the application and to coordinate with the event organizers to resolve questions or problems concerning the application.

706.9 A proposed First Amendment assembly plan shall be approved if, after consideration of the application and other information that may otherwise be obtained, the Chief of Police or his or her designee concludes that:

(a) The conduct of the event will not substantially interrupt the safe and orderly movement of other vehicular and pedestrian traffic contiguous to its route;

(b) The conduct of the event will not divert such numbers of police officers from their normal police duties that the city would be deprived of reasonable police protection;

(c) The concentration of persons, animals, and vehicles in the assembly and disbanding areas and along the event route will not substantially interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;

(d) The conduct of the event route will not substantially interfere with any of the designated Emergency Evacuation Routes outlined in the District Response Plan;

(e) The event is scheduled to move from its assembly location to its disbanding location expeditiously and without unreasonable delays enroute;

(f) The event will not substantially interfere with any other event for which an assembly plan has already been approved;

(g) The applicant has not materially misrepresented any facts or information set forth in the application for the an assembly plan;

(h) The applicant has furnished proof that, if the assembly or disbanding locations or the route of event, encroach upon, occupy, or traverse any area within the jurisdiction of the federal or non-District local governments, permits or permission have been obtained from the appropriate authorities; and

(i) The proposed event does not create a substantial possibility of violent, disorderly conduct likely to endanger public safety or to result in significant property damage.

706.10 Any person seeking approval of a First Amendment assembly plan shall file an application with the Chief of Police on a form issued by the Chief of Police in person or by mail at the Metropolitan Police Department, Special Operations Division Headquarters, currently located at 2301 L Street, N.W., Washington, D.C. 20037. Application forms can be obtained online at mpdc.dc.gov. Application forms will also be sent by fax upon request, and may be filed by fax at 202-727-6839.

706.11 The person or group requesting approval of a First Amendment assembly plan shall make representations concerning the nature of the event, sufficient for the Chief of Police or his or her designee to classify the activity as a First Amendment assembly within the meaning of Subsection 705.2, and, in addition, shall provide the following information:

(a) The name, address, and telephone number of the sponsoring organization (if any) and its chief officer;

(b) The name, address, and telephone number of the applicant and the person or persons chiefly responsible for the conduct of the event, if other than the applicant;

(c) The purpose of the event;

(d) The date when the event is to be conducted;

(e) The approximate times when the event is to begin and end, and the approximate times when assembly for, and disbanding of, the event are to take place;

(f) The specific proposed route of the event if it is a parade, march, race, or walk-a-thon;

(g) The locations of the assembly area, any related stands or other structures, and the disbanding area for the event;

(h) The approximate number of persons, animals, and vehicles that will constitute the event;

(i) A description of the types of animals; the types of vehicles to be used; the number of bands and other musical units and sound trucks to be used; and the number, type, and size of banners, placards, and signs to be used; and

(j) The number of persons who will be designated to monitor the event and the name of the person in charge.

706.12 The Chief of Police or his or her designee shall, in writing, either approve the application for the proposed First Amendment assembly plan, as submitted, if consistent with these regulations, or, if not, inform the person or group giving notice of an assembly of the reasons for any decision to:

(a) Deny an application for approval of a First Amendment assembly plan;

(b) Revoke an assembly plan pursuant to Section 711; or

(c) Approve an assembly plan subject to time, place, or manner restrictions that the applicant has advised the Chief of Police are objectionable to the applicant.

706.13 If a timely-filed application is denied or modified, the applicant shall be served with a written notice of denial or modification, stating the specific reasons therefore, at least ten (10) days prior to the proposed date of the proposed event.

706.14 Service of the notice of denial or modification shall be made personally or by certified mail. At the applicant's request, a copy of the notice shall also be sent by fax or by e-mail.

706.15 If the late filing of an application or ongoing negotiations concerning the terms of plan approval make it impractical to issue a written notice of denial or modification at least ten (10) days prior to the proposed date of the event, every effort shall be made to promptly notify the organizers of the event once a decision to deny or modify the application has been made; and a written notice of denial or modification shall be served as soon as reasonably possible.

History

• SOURCE: Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR §§ 102.1 – 102.3, Special Edition (November 1980); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 706

24 DCMR § 707 NON-FIRST AMENDMENT RELATED PARADE, MARCH, RACE, WALK-A-THON OR OTHER SIMILAR ACTIVITY: PERMIT REQUIREMENT

707.1 A permit shall be issued under this section for a non-First Amendment related parade, march, race, walk-a-thon or other similar activity if, after consideration of the application and other information that may otherwise be obtained, it appears that the activity will otherwise meet the criteria for a First Amendment assembly as set forth in Subsection 706.9.

707.2 A permit shall not be issued unless the applicant has provided for the services of the number of event monitors that the Chief of Police or his or her designee considers reasonably necessary to ensure that the event will be conducted in conformity with the event permit.

707.3 A permit shall not be issued unless the applicant complies with any special event user fee requirements pursuant to Section 720.

History

• SOURCE: Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR § 103, Special Edition (November 1980); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 707

24 DCMR § 708 APPLICATION FOR PERMIT FOR NON-FIRST AMENDMENT RELATED PARADE, MARCH, RACE, WALK-A-THON OR OTHER SIMILAR ACTIVITY: PROCESSING

708.1 Any person seeking issuance of a non-First Amendment activity permit for a non- First Amendment parade, march, race, or walk-a-thon shall file an application with the Chief of Police on a form issued by the Chief of Police in person or by mail at the Metropolitan Police Department, Special Operations Division Headquarters, currently located at 2301 L Street, N.W., Washington, D.C. 20037. Application forms can be obtained on line at mpdc.dc.gov. Application forms will also be sent by fax upon request, and may be filed by fax at 202-727-6839.

708.2 Where an application for a permit is filed sixty (60) days or more prior to the date of the proposed non-First Amendment activity, the application shall receive final action no later than thirty (30) days prior to the proposed date of the event. This provision shall not apply where the applicant has voluntarily agreed to waive the thirty (30) day time limit

708.3 Subject to Subsection 708.4, an application for a non-First Amendment activity permit shall be filed not less than fifteen (15) days before the date on which the event is proposed to be conducted. Applicants are encouraged to submit applications for approval of a permit as far in advance as is practical. The purpose of the notice and permit approval process is to avoid situations where more than one group seeks to use the same space at the same time. Early submission gives the Chief of Police or his or her designee and the applicant the maximum time to resolve any issues that may arise, and minimizes the possibility that an approved permit will already have been issued to another group for the desired time and place. It also provides the Metropolitan Police Department and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.

708.4 Applications filed less than fifteen (15) days prior to the proposed date of the activity shall receive favorable action only if there is sufficient time to review the application and to coordinate with the activity organizers to resolve questions or problems concerning the application for or the conduct of the activity.

708.5 Where applications for a permit for a non-First Amendment activity are not submitted in a timely manner, the Chief of Police or his or her designee may deny a permit application in the interest of public safety based on the criteria set forth in Subsection 706.9.

708.6 The application for a non-First Amendment activity permit shall contain all information required for approval of a First Amendment assembly as set forth in Subsection 706.12 (a)-(j).

708.7 If none of the persons listed in §§ 706.12(a) and (b) of this chapter are located within the Washington Metropolitan Area, the name, address, and telephone number of a local representative shall be included.

History

• SOURCE: Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR § 105, Special Edition (November 1980); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 708

24 DCMR § 709 APPLICATION FOR PERMIT FOR A NON-FIRST AMENDMENT RELATED PARADE, MARCH, RACE, WALK-A-THON OR OTHER SIMILAR ACTIVITY: ISSUANCE OF PERMIT

709.1 Final action shall be taken on an application for a non-First Amendment activity permit within a reasonably prompt period of time after receipt of the completed application.

709.2 Final action on an application shall consist of the following:

(a) Issuance of a permit in accordance with the terms of the application;

(b) Issuance of a permit in accordance with terms other than those set forth in the application; or

(c) Denial of the application by the Chief of Police or his or her designee.

709.3 If a timely-filed application is denied or modified, the applicant shall be served with a written notice of denial or modification at least ten (10) days prior to the proposed date of the proposed activity.

709.4 The notice of denial or modification shall include specific reasons for the denial or modification.

709.5 Service of the notice of denial or modification shall be made personally or by certified mail.

709.6 If the late filing of an application or ongoing negotiations concerning the terms of a permit make it impractical to issue a written notice of denial or modification at least ten (10) days prior to the proposed date of the activity, every effort shall be made to promptly notify the organizers of the activity once a decision to deny or modify the application has been made; and a written notice of denial or modification shall be served as soon as reasonably possible.

History

• SOURCE: Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR § 104, Special Edition (November 1980); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 709

24 DCMR § 710 CONTENTS OF A PERMIT FOR A NON-FIRST AMENDMENT RELATED PARADE, MARCH, RACE, WALK-A-THON OR OTHER SIMILAR ACTIVITY

710.1 A permit for a non-First Amendment activity such as a non-First Amendment related parade, march, race, or walk-a-thon shall contain the following information as relevant:

(a) The date, assembly area, time for assembly, and starting time of the activity;

(b) The specific route plan of the activity;

(c) The number of monitors to be furnished by the activity organizer;

(d) The number and types of animals and vehicles, and the number of bands, other musical units, and sound trucks, if any;

(e) The portion of the street, sidewalk, or other public way that is to be occupied by the activity participants, including the organizer; and the location of reviewing stands, if any;

(f) The number and size of banners, placards, or other devices, consistent with the information filed on the application, and any restrictions concerning the number and size of banners, placards, or other devices;

(g) The disbanding area and time for disbanding; and

(h) Other information that is reasonably necessary for the conduct of the activity and the enforcement of this chapter.

History

• SOURCE: Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 710

24 DCMR § 711 REVOCATION OF PLAN APPROVAL FOR A FIRST AMENDMENT ASSEMBLY OR A PERMIT FOR A NON-FIRST AMENDMENT ACTIVITY

711.1 Plan approval for a First Amendment assembly or a permit issued for a non-First Amendment activity shall be revoked if it is determined that the assembly or activity is being conducted in violation of the standards for approval or issuance, under these regulations.

711.2 Notices of revocation shall be in writing, with the reasons for revocation specifically set forth.

711.3 A copy of the notice of revocation shall be served personally, or delivered by certified mail, return receipt requested. At the applicant's request, a copy of the notice shall also be sent by fax or by e-mail.

711.4 If due to exigent circumstances, it is necessary to revoke approval of a First Amendment assembly plan or a permit for a non-First Amendment activity immediately prior to or during the assembly or activity, notice of the revocation shall be made in writing by the Metropolitan Police Department official responsible for monitoring the assembly or activity.

History

• SOURCE: Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 711

24 DCMR § 712 APPEALS

712.1 Any applicant whose proposed First Amendment assembly plan or non-First Amendment activity permit has been denied or revoked prior to the date of the planned assembly or activity, or granted subject to time, place, or manner restrictions deemed objectionable by the applicant, may appeal such decision to the Mayor or the Mayor's designee, who shall concur with, modify, or overrule the decision of the Chief of Police or his or her designee. Any notice of denial or revocation (other than an exigent notice made under § 711.4) shall include:

(a) A statement that the denial or revocation may be appealed to the Mayor or the Mayor's designee; and

(b) Specific instructions on how such an appeal can be taken.

712.2 An appeal to the Mayor or the Mayor's designee shall be in writing, and shall include a statement of the basis for the objection to the denial, revocation prior to the date of the planned assembly or activity, or time, place or manner restrictions deemed objectionable by the applicant, and a copy of any written decision issued by the Chief of Police or his or her designee.

712.3 The Mayor or the Mayor's designee shall make a decision on appeal expeditiously and prior to the date and time the assembly or activity is planned to commence, and shall explain in writing the reasons for the decision.

History

• SOURCE: Final Rulemaking published at 55 DCR 1079 (February 1, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 712

24 DCMR § 713 [RESERVED]

24 DCMR § 714 [RESERVED]

24 DCMR § 715 [RESERVED]

24 DCMR § 716 [RESERVED]

24 DCMR § 717 [RESERVED]

24 DCMR § 718 [RESERVED]

24 DCMR § 719 [RESERVED]

24 DCMR § 720 SPECIAL EVENTS USER FEES

720.1 For purposes of this section, the term “Special Event” means any activity in public or private space and not held in any building or structure, such as circuses, rodeos, carnivals, fairs, performances, musical concerts, community activities, dancing, or amusements of any kind.

720.2 No person shall be permitted to hold a Special Event without first obtaining a permit in writing from the Department of Consumer and Regulatory Affairs.

720.3 The following fees shall be charged for the issuance of a Special Event permit:

Fees of the Department of Health, Health Emergency Preparedness and Response Administration (DOH/HEPRA), or its successor:

Advanced medical aid station:

Two (2) nurses, each at the cost of seventy dollars ($70.00) per hour;

One (1) emergency operations staff member at the cost of fifty dollars ($50.00) per hour; and

Medical supplies and equipment at the cost of five hundred dollars ($500.00) per station.

Based on the fees established by sub-subparagraphs (A), (B), and (C) of this subparagraph, the total cost for each station shall be six hundred and ninety dollars ($690.00) for the first hour and one hundred ninety dollars ($190.00) for each additional hour.

Basic medical aid station:

One (1) nurse at the cost of seventy dollars ($70.00) for each additional hour.

One (1) emergency operations staff member at the cost of fifty dollars ($50.00) per hour; and

Medical supplies and equipment at the cost of three hundred dollars ($300.00) per station.

Based on the fees established by sub-subparagraphs (A), (B), and (C) of this subparagraph, the total cost of each station shall be four hundred twenty dollars ($420.00) for the first hour and one hundred twenty dollars ($120.00) for each additional hour.

Emergency operations supervisor: In addition to the above fees, if the Special Event presents a significant risk of overwhelming the District of Columbia’s emergency medical services and care system, an emergency operations supervisor from DOH/HEPRA, or its successor agency, will be required at the cost sixty dollars ($60.00) per hour.

Command vehicle station: In addition to the above fees, if the number of participants at the Special Event is expected to equal or exceed five thousand (5,000) and the event presents a significant risk of overwhelming the District of Columbia’s emergency medical services and care system, a command vehicle station from DOH/HEPRA, or its successor agency, will be required at the following costs:

One (1) emergency operations staff member at the cost of fifty dollars ($50.00) per hour; and

One (1) command vehicle at the cost of one hundred dollars ($100.00) per event.

Based on the fees established by the sub-subparagraphs (A) and (B) of this subparagraph, the total cost for each command vehicle station shall be one hundred fifty dollars ($150.00) for the first hour and fifty dollars ($50.00) for each additional hour.

Fees of the Fire and Emergency Medical Services Department:

Over-the-counter permit fee-shall be charged in the amounts set forth in section F-107H (Permits) of Title 12H of the District of Columbia Municipal Regulations.

On-site permit fee-to cover the time required to perform an inspection of the site and/or the activities or equipment in use during the event that are inspected. Rate per employee per hour: eight-eight dollars ($88.00).

On-site monitoring fee - to monitor the special event to ensure the safety of the public. Rate per employee per hour: sixty-five dollars ($65.00).

Fees of the Department of Public Works:

Flag installation and removal – to cover the costs of installation and removal of flags from city streetlight poles for special events. Rate per employee per hour: fifty-seven dollars ($57.00).

Temporary sign installation – to cover the cost of installing temporary no parking signs. Rate per employee per hour: thirty-six dollars ($36.00).

Clean-up and trash removal – to cover the cost of space cleaning and trash removal. Rate per employee per hour: thirty-two dollars ($32.00).

(d) Fees of the Metropolitan Police Department:

Special Events Fee – to cover the cost of police services for special events.

The rate per hour per Metropolitan Police Officer assigned is $60.58.

As of January 1, 2015, the rate per hour per Metropolitan Police Officer assigned shall be $65.45, and that rate shall increase by three percent (3%) on October 1 of each fiscal year.

The use of any type of Metropolitan Police Department vehicle requested pursuant to this chapter will result in additional cost, which will depend on the type and number of vehicles and the length of time they are assigned.

Fees of the Department of Consumer and Regulatory Affairs:

Special Events Fee – to cover the cost of services provided by the following categories of Department of Consumer and Regulatory Affairs employees for monitoring health and food practices, safety conditions, and alcoholic beverage control at special events: sanitarians, building inspectors, electrical inspector, plumbing inspectors, and licensing investigators. Rate per employee per hour: fifty-four dollars and thirty-five cents ($54.35).

Fees of the Alcoholic Beverage Regulation Administration:

Special Events Fee – to cover the cost of services provided by Alcoholic Beverage Regulation Administration investigators for monitoring the control, sale, service, and consumption of alcoholic beverages at special events. Rate per employee per hour: fifty-four dollars and thirty-five cents ($54.35).

720.4 Individual arrangements may be made for trash collection by community groups; provided, that those arrangements are approved by the Director of the Department of Public Works.

History

• SOURCE: Final Rulemaking published at 43 DCR 6577 (December 13, 1996); as amended by Final Rulemaking published at 49 DCR 11562 (December 20, 2002); as amended by Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6267 (July 23, 2010)); as amended by Final Rulemaking published at 62 DCR 2775 (March 6, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 720

24-8 PRESIDENTIAL INAUGURATIONS

24 DCMR § 800 GENERAL PROVISIONS

800.1 The Mayor may issue rules pursuant to §105 of the D.C. Administrative Procedure Act, approved October 21, 1968 (D.C. Code §1-1506) to implement the provisions of this chapter.

800.2 For the Inauguration Day to be held on January 20, 1985, the Mayor may issue rules as provided in this section to set fees and identify the office locations of District government agencies identified in this chapter no earlier than December 1, 1984, nor later than December 20, 1984. For each Inauguration Day after January 1985, the Mayor may issue rules as provided in this chapter no more than fifty (50) days nor less than thirty-five (35) days prior to Inauguration Day.

800.3 Nothing contained in this chapter shall be applicable to any part of the grounds of the United States Capitol.

800.4 No permit or license issued under the authority of this chapter shall permit any person to engage in any activity in areas under the jurisdiction of the United States Park Police, the United States Secret Service, or any other federal police force, where the activity is contrary to the express orders of a member of one of these forces.

800.5 Nothing in this chapter shall be construed as prohibiting the entry, by proper procedure, of any authorized person to any area under the exclusive control of a federal officer or agency.

800.6 Nothing in this chapter shall have the effect of repealing the provisions of Commissioners' Order No. 58-320, effective February 27, 1958 (§108.1 of this title).

800.7 In all negotiations on behalf of the government with the Inaugural or Concessions Committees, the Mayor shall consult with the Council of the District of Columbia, or a committee as the Council may establish by resolution.

800.8 The Mayor shall provide the chairperson and each member of the Council fifteen (15) special registration tags authorized by §2(b) of the Presidential Inaugural Ceremonies Act (D.C. Code §1-1802(b).

800.9 Any person violating any of the provisions of this chapter shall be punished by a fine not more than one hundred dollars ($100), or be imprisoned for not more than thirty (30) days.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the Presidential Inaugural Ceremonies Act, approved August 6, 1956, 70 Stat. 1051 ch. 974, §8; as amended by An Act approved January 30, 1968, 82 Stat. 4; D.C. Code §1-1802; and §412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
• SOURCE: Sections 10, 34, 35(a), 36-40 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).
• EDITOR'S NOTE: The Building Code, the Fire Code, and the Electrical Code referred to in this title have been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

24 DCMR § 801 SPECIAL INAUGURAL PROHIBITIONS

801.1 The provisions of this section shall apply during the inaugural period.

801.2 No person shall, without proper authority, pass through, over, or under, or break down, cut, remove, injure, or destroy any rope or other barricade erected or placed by lawful authority; nor shall any person remove, injure, or in any way tamper with any light or sign placed upon any rope or barricade placed by lawful authority.

801.3 No person shall intrude with any vehicle, stand, box, or obstruction of any kind into any area that is designated and properly marked by lawful authority, and contiguous to the route of any parade, ceremony, or unusual gathering of people, except as authorized by the Chief of Police.

801.4 No person shall falsely represent, either directly or indirectly, that any program, medal, guidebook, or picture is the official souvenir program, medal, guidebook, or picture approved as such by the Inaugural Committee.

801.5 No person within the inaugural area shall give, sell, offer for sale, carry, or display, any imitation pistol, toy revolver, long gun, or other imitation weapon.

801.6 No person shall, without proper authority, erect any support or stretch any conductor to illuminate any street, avenue, or alley, that is not in accordance with the terms and conditions of the permit as may be issued.

801.7 No stove, torch, or open flame device for cooking, illuminating, or heating shall be used upon any street, alley, sidewalk, or reservation in the inaugural area, except in accordance with the provisions of §825 of this chapter.

History

• SOURCE: Sections 5-7, 12, 14, 17 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 802 SPECIAL HEALTH REGULATIONS

802.1 Notwithstanding the provisions of §24 of Article 17 of the D.C. Police Regulations (DCMR 19), automobile house trailers may be parked on private property for a period not to exceed the inaugural period, provided a permit to do so is obtained from the Director of Environmental Services. No fee shall be required for this permit.

802.2 A permit shall be issued only upon a finding by the Director of Environmental Services that there will be available to the occupants of the trailers adequate and sufficient water supplies and facilities for disposal of sewage and refuse.

802.3 The Director of Environmental Services shall make any inspections and take any necessary steps to obtain compliance with the requirements of this section.

802.4 Notwithstanding the provisions of §24 of Article 17 of the D.C. Police Regulations (DCMR 19), the National Railroad Passenger Corporation may establish for the inaugural period temporary places of abode in sleeping cars located in established railroad yards and sidings within the District, if the Director of Environmental Services finds the following:

(a) That the railroad yards and sidings have adequate and sufficient water supplies and sewage disposal facilities;

(b) That adequate receptacles for refuse services are available;

(c) That sufficient lawful garbage receptacles have been provided for all dining cars and temporary feeding facilities to store accumulated garbage between periods of collection that shall be established by the Director of Environmental Services;and

(d) That all water and ice supplies are so protected as to prevent contamination of these commodities.

802.5 A license issued by the Director of Consumer and Regulatory Affairs shall be required for use of sleeping cars under §802.4.

802.6 The area or areas used in accordance with §802.4 shall be maintained in a clean and sanitary condition at all times.

802.7 A fee for each license shall be required for each sleeping car used as a temporary place of abode, for each calendar day or part of a day the car is used. The fee shall be payable to the D.C. Treasurer.

802.8 During the inaugural period, no chemical toilets shall be used unless they are provided with an adequate amount of deodorizing and sanitizing chemicals approved by the Director of Environmental Services, and unless they are serviced as their use requires.

802.9 From forty-eight (48) hours prior to, and twelve (12) hours after, Inauguration Day, nonresident indigent patients receiving care as emergency patients at D.C. General Hospital, Glenn Dale Hospital, or at the private hospitals under contract to the District government, shall be considered as patients eligible for care at the District's expense.

History

• SOURCE: Sections 23-26 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 803 SPECIAL TRAFFIC REGULATIONS

803.1 The provisions of this section shall apply during the inaugural period.

803.2 Except as provided in §803.3, the Inaugural Area is declared a congested area; and no parking shall be permitted in the Inaugural Area on Inauguration Day, or until the signs prohibiting parking are removed.

803.3 The provisions of §803.2 shall not be applicable to the United States Capitol grounds, or to the streets and roadways on the Capitol grounds; except as specifically agreed to by the Joint Congressional Committee on Inaugural Ceremonies.

803.4 Except as provided in §803.5, within the Inaugural Area and on the highways designated in this chapter, no vehicle shall be parked or left standing except when actually taking on or discharging passengers; or, in the case of commercial vehicles, while actually loading or unloading merchandise. Commercial vehicles, when engaged in loading or unloading merchandise, shall stop or stand in a position parallel with the curb.

803.5 The provisions of §803.4 shall not apply to taxicabs or sight-seeing vehicles that may occupy the stands established in the Inaugural Area for a period of five (5) days, including Inauguration Day. The provisions of §803.4 also shall not apply to any special stands as may be established within the Inaugural Area, except where the occupying of these stands will interfere with the formation or passage of any scheduled parade or ceremony, or with the free movement of traffic.

803.6 The Chief of Police may temporarily close the following:

(a) The streets and avenues included in the route of any parade;

(b) The streets used for ceremony or for an unusual gathering of people in connection with any official inaugural activity; and

(c) Any intersecting streets, avenues, alleyways, and abutting reservations that may be designated by the Chief of Police.

803.7 The closing of streets shall be for that period of time the Chief of Police may deem necessary for the public's interest.

803.8 If, during the period from three (3) days prior to and including Inauguration Day, it becomes necessary for the Director of Public Works to declare no parking on streets designated as snow emergency routes in compliance with 18 DCMR §2417, parking shall be prohibited on the following streets:

(a) Both sides of C Street, S.E., from New Jersey Avenue to Third Street;

(b) Both sides of E Street, S.E., from South Capitol Street to Third Street;

(c) Both sides of F Street, N.W., from Twenty-first Street to Twenty-third Street;

(d) Both sides of G Street, N.W., from Twenty-first Street to Twenty-third Street; and

(e) Both sides of H Street, N.W., from Twenty-first Street to Twenty-third Street.

803.9 The Chief of Police may suspend or reroute the movement of all pedestrian and vehicular traffic; including, with the approval of the Washington Metropolitan Area Transit Authority, the operation of buses on any street, avenue, or highway in the District. The Chief of Police may also divert traffic in the manner and direction the Chief deems is in the public's interest.

History

• SOURCE: Section 4, 27-29 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 804 CREDENTIALS

804.1 During the inaugural period, no person who is not a member of a duly organized committee regularly appointed for service in connection with the inaugural ceremonies shall wear the badge or insignia of an inaugural committee, or falsely represent himself or herself to be a member of any committee.

804.2 No person shall use, display, or duplicate any press, photographer's, radio, television, vehicle, or any other pass issued by the Chief of Police or under authority of this act, unless the person is authorized to do so by the Chief of Police in writing.

History

• SOURCE: Section 3 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 805 NEWS MEDIA SPACE PERMITS

805.1 During the inaugural period, permits shall be required for the erection of all temporary stands and platforms for the temporary storage of equipment, and for the parking of motor vehicles on public space in connection with news and media coverage of events and ceremonies by photographers, the press, magazines, radio, and television stations, and other news services. Vehicles covered by this subsection include, but are not limited to, vans, trucks, station-wagons, and cherry-pickers.

805.2 Applications for a media permit for the temporary use of public space shall be submitted to the D.C. Public Space Committee, on a form provided by the Committee for this purpose.

805.3 Each application shall be accompanied by a detailed site plan, including structural and electrical wiring plans for the temporary structure, if applicable. These plans shall be subject to the concurring approval of the Inaugural Committee and the U.S. Secret Service.

805.4 A fee consistent with the District's Permit Certificate Fee Schedule shall be charged for each permit.

History

• SOURCE: Section 22 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 806 PUBLIC SPACE USE PERMITS

806.1 During the inaugural period, except as provided in §806.4, the Director of Consumer and Regulatory Affairs may issue temporary permits for use of public space and the use and occupancy of other spaces by spectators as provided in this section.

806.2 No owner or lessee of any building on the line of any parade, or on any intersecting street, avenue, alley, or reservation abutting the line of the parade, shall permit spectators to use or occupy any floor, roof, porch, or balcony above the ground floor without first having secured a permit from the Director of Consumer and Regulatory Affairs.

806.3 Each permit issued under this section shall be subject to the approval of the Chief of Police.

806.4 The provisions of this section shall not apply to any building owned by the District or United States governments.

History

• SOURCE: Section 11 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 807 SIGNS AND ADVERTISEMENTS

807.1 During the inaugural period, no person shall in any manner convey, transport, drive, carry, or exhibit upon any street, avenue, alley, or reservation within the inaugural area any sign, advertising device, or other object that in any way obstructs the free passage of pedestrial or vehicular traffic.

807.2 No sign shall be mounted on any rigid material other than wood, and such mounting handle or device shall not exceed three-quarters of an inch (3/4 in.) by three-quarters of an inch (3/4 in.) by three feet (3 ft.).

807.3 During the inaugural period, no person shall hand or suspend advertising signs on the front of any building, unless duly authorized to do so under existing sign and building regulations.

History

• SOURCE: Sections 13 & 15 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 808 TEMPORARY HOUSING

808.1 During the inaugural period, the proprietors or lessees of any premises or building used for temporary housing or quarters shall maintain the premises or building in a sanitary condition.

808.2 The proprietors or lessees shall permit inspections of their premises or building by authorized members of the Metropolitan Police Department, D.C. Fire Department, Department of Housing and Community Development, and members of the D.C. Consolidated Inspection Force under Mayor's Order No. 80-91 (March 12, 1980), as amended.

History

• SOURCE: Section 16 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 809 REVIEWING STANDS AND TEMPORARY STRUCTURES

809.1 The provisions of this section shall apply during the inaugural period.

809.2 The approval of the Inaugural Committee shall be required before any reviewing stand or other temporary structure may be constructed on public grounds; and, depending on the location of the stand or structure, the approval of the Secretary of the Interior or the Mayor shall be required when appropriate.

809.3 Permits shall be required for the erection of all reviewing stands and other temporary structures, whenever constructed on public or private property.

809.4 Each application for a permit shall be submitted to the Department of Consumer and Regulatory Affairs not later than one (1) week prior to the date the stand or structure is proposed to be erected.

809.5 Five (5) copies each of the structural plans and seating arrangements for the stand or temporary structure shall be submitted with each application.

809.6 Reviewing stands and other temporary structures shall be constructed in accordance with the applicable requirements of the D.C. Building Code (DCMR Title 12).

809.7 Every reviewing stand, whether constructed on public or private property, shall be ready for inspection by the Director of Housing and Community Development not later than 10:00 a.m. of the second day preceding Inauguration Day.

809.8 Temporary structures, other than reviewing stands, that are erected for use in connection with Inauguration Day activities shall be ready for inspection by the Director of Housing and Community Development not later than 3:00 p.m. of the second day preceding Inauguration Day, unless a later time is authorized by the Concessions Committee.

809.9 Unless reviewing stands or other temporary structures are approved, their use is prohibited.

History

• SOURCE: Section 21 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 810 PARADE ROUTE SEATING

810.1 Except as provided in §810.2, during the inaugural period, no person shall occupy, sit, stand on, or otherwise use any table, box, ladder, crate, or similar object in any area along the inaugural parade route in which spectators are allowed to stand.

810.2 A person may use a chair, including a folding or wheel chair, to sit along the inaugural parade route, if the use of the chair does not obstruct the view of persons seated in the reviewing stands.

810.3 No person shall cause any chair brought by him or her to the Inaugural Area to remain in the area after the conclusion of the inaugural parade.

810.4 During the inaugural period, no box, barrel, table, ladder, chair, or other obstruction shall be offered for sale, for rental, for hire, or for distribution along the street, roadway, sidewalk, or on any statue, parking lot, or public reservation on or adjacent to any part of the inaugural parade route, or on any private property on or adjacent to any part of the inaugural parade route, without permission of the Inaugural Committee..

History

• SOURCE: Sections 8 & 9 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 811 FLOATS AND VEHICLES

811.1 The provisions of this section shall apply during the inaugural period.

811.2 All decorations used on floats shall be made of flame-resistant material approved by the Fire Chief.

811.3 Heating devices or smoke effects used on floats shall not be installed unless written permission of the Fire Chief has been obtained in advance.

811.4 All electrical wiring used in floats, including that in the propelling equipment of floats, shall be installed in a safe manner and shall be clean and free from defects.

811.5 Fire extinguishers of such number, type, and size as may be required by the Fire Chief shall be carried on each float.

811.6 A list of all float entries, giving the location where each float is being built, shall be furnished to the Fire Chief by the Inaugural Committee no later than the final date for the entries, so that inspections can be made during construction of those floats that are being built within the Washington Metropolitan Area.

811.7 Floats that are constructed at locations outside the Washington Metropolitan Area shall be inspected in accordance with the provisions of §811.8.

811.8 Floats shall be completed and made available for inspection by the Fire Chief at least eight (8) hours prior to the inaugural parade.

811.9 Floats that do not meet the requirements of §811.8 shall not be permitted to participate in the inaugural parade.

811.10 All vehicles and floats exceeding the following size and weight limitations, specified in 18 DCMR §§2501, 2502, and 2505, require special hauling permits prior to being moved within the District, in accordance with the provisions of 18 DCMR §2508:

Combined Vehicles

Single Unit Vehicles

Gross weight

80,000 lbs.

50,000 lbs.

Total height

13' 6"

13' 6"

Total length (including tractor)

55' 0"

40' 0"

811.11 Special hauling permits shall be issued upon application to the Department of Consumer and Regulatory Affairs, and upon payment to the D.C. Treasurer of a fee for each permit.

811.12 The engines and all other mechanical equipment of each float shall be in good working order and shall be free of excess grease.

811.13 The mechanical condition of any motor vehicle used for the transportation or propulsion of a float shall be subject to the approval of the Director of Public Works, and no vehicle shall be operated in the inaugural parade until it has been approved by the Director of Public Works.

History

• SOURCE: Sections 30 & 31 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 812 STABLING OF ANIMALS

812.1 Notwithstanding the provisions of §§3 and 18 of the Ordinance to Revise, Consolidate, and Amend the Ordinances of the Board of Health (DCMR Title 22), temporary places for stabling animals may be established during the inaugural period within the District if the Director of Environmental Services finds the following:

(a) That the places have adequate and sufficient water supplies;

(b) That adequate receptacles for manure have been furnished;

(c) That adequate services for the removal of manure are available; and

(d) That no animals are to be quartered within fifty feet (50 ft.) of any dwelling unit, railroad sleeping car, or other place used for habitation.

812.2 Each stabling area shall be maintained in a sanitary condition at all times.

812.3 The Director of Environmental Services shall be authorized and directed to make any inspections and to take any necessary steps to obtain compliance with the provisions of this section.

812.4 A license issued by the Director of Consumer and Regulatory Affairs shall be required for each area where animals are stabled.

812.5 Each building, structure, tent, shelter, or premises in which animals may be stabled shall be subject to the approval of the Fire Chief and the Director of Environmental Services, and shall comply with the requirements of this section.

812.6 Non-fire-resistant buildings and structures may be used for the stabling of animals only if specifically approved for this use by the Fire Chief and the Director of Housing and Community Development.

812.7 Canvas and other fabrics used in the construction of tents or shelters for animals shall be flame-resistant as directed by the Fire Chief.

812.8 Where canvas or other fabric has been used in the construction of a tent or shelter for animals, the tent or shelter shall not be erected within fifty feet (50 ft.) of any building.

812.9 No internal combustion engine shall be used within twenty-five feet (25 ft.) of any tent or shelter for animals.

812.10 No person shall smoke in any building or premises in which hay, straw, wood shavings, dried grass, or similar combustible material is stored or used.

812.11 "NO SMOKING" signs shall be conspicuously displayed at close intervals in each building or premises in which hay, straw, wood shavings, dried grass, or similar combustible material is stored or used.

812.12 No open fires, flame appliance, or flame device shall be permitted or used in any area in which animals may be stabled.

812.13 No internal combustion engine shall be permitted or used in any area in which animals may be stabled.

812.14 All trash, refuse, manure, discarded bedding for animals, and other waste shall be removed daily, or more often if so ordered by either the Fire Chief or the Director of Environmental Services.

812.15 Firefighting appliances of the type and in the number as the Fire Chief may require shall be provided by the person using any building or premises for the stabling of animals.

History

• SOURCE: Sections 32 & 33 of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 813 FEES

813.1 The following fee schedule shall be applicable during the inaugural period:

License or Permit

Fee

(a)

Oversized vehicles and floats

$19.00;

(b)

Railroad sleeping cars (per car per day)

10.00 ;

(c)

Merchandise vendors

15.00;

(d)

Food vendors

25.00;

(e)

Food vendors - assistants or helpers

1.00;

(f)

Electrical permit (See D.C. Code § 47-2712)

(g)

Stabling of horses and

35.00;

(h)

Concession stands to be erected on public space

19.00;

History

• SOURCE: Section 35(b) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 814 [RESERVED]

24 DCMR § 815 MERCHANDISE VENDORS: LICENSE REQUIREMENTS

815.1 The provisions of §§815 through 819 shall apply during the inaugural period.

815.2 No person shall sell, offer for sale, or distribute any goods, wares, or merchandise in or on any street or avenue (including the roadway, treespace, sidewalk, and parking area), alley, park, or reservation in the Inaugural Area, without first having obtained a special license from the Director of Consumer and Regulatory Affairs (also referred to in §§815 through 819 as the "Director") to exercise this privilege.

815.3 The privilege granted by special license shall not extend to those lands administered by National Capital Parks, National Park Service, or the Department of the Interior, unless a vending permit is obtained from the Secretary of the Interior or his or her designated representative in accordance with the regulations of National Capital Parks.

815.4 Except as provided in §817, the special license shall authorize the licensee, during the effective period of this act, to ply his or her trade, and to use a display board in connection with the trade. The size of the display board shall not exceed three feet by five feet (3 ft. x 5 ft.), exclusive of legs, from or upon any street, avenue, alley, or public reservation in the District, including the Inaugural Area.

815.5 The special license is not applicable to the United States Capitol grounds.

815.6 Notwithstanding the provisions of this section, persons holding a valid license issued under the provisions of chapter 5 of this title may, during the inaugural period, operate on the licensed vendor stands in the manner and subject to the limitations established by this chapter. Nothing in this section shall be construed as requiring the persons licensed under the provisions of chapter 5 to secure the special license regulating sales of goods, wares, and merchandise in the Inaugural Area during the inaugural period; Provided, that they observe strictly the limitations set forth in this chapter.

815.7 The provisions of this section shall not be construed as applying to any authorized person, properly identified by a card issued by the Inaugural Committee, engaged in the sale of the Inaugural Committee's official souvenirs, medals, programs, and guidebooks. At the same time, nothing contained in this subsection shall be construed to permit a vendor selling official souvenirs, medals, programs, or guidebooks to sell any other items of merchandise without first having complied with the provisions of this chapter.

815.8 The special license shall be issued after approval by the Concessions Committee of both the applicant for the license and the goods, wares, or merchandise to be offered for sale under the license applied for; and after approval of the applicant by the Director.

815.9 Upon securing the required approvals by the Concessions Committee and the Director, and upon payment to the Concessions Committee of the fee fixed by the Committee, a certificate of approval signed by the designated representative of the Committee shall be presented to the Director.

815.10 A special license may be issued by the Director upon payment to the D.C. Treasurer of a license fee for each license.

815.11 The posting of a deposit with the D.C. Treasurer, in the form of a certified check or U.S. Postal Money Order, payable to the D.C. Treasurer, shall be made in the amount as may be prescribed by the Director of Finance and Revenue.

815.12 The deposit shall be applied later to the tax imposed on the licensee by the D.C. Sales and Use Tax Acts, as applicable to the sales made by him or her.

815.13 As a prerequisite to the issuance of a license, the applicant shall first obtain a Certificate of Registration in accordance with the provisions of the D.C. Sales and Use Tax Acts, authorizing him or her to sell tangible personal property at retail and to collect reimbursement of the tax specified by the D.C. Sales and Use Tax Acts.

815.14 The licensee shall make his or her Certificate of Registration available for examination by an officer or member of the Metropolitan Police Department, by an investigator of the Department of Consumer and Regulatory Affairs, or by the Director of Finance and Revenue, whenever a request for examination is made.

815.15 The issuance of a license under the provisions of this section is preconditioned on the fact that the pass or badge of the licensee may be immediately revoked and taken up upon demand by any member of the Metropolitan Police Department or any other duly qualified law enforcement personnel, including members of the U.S. Park Police. The pass or badge may be revoked when the licensee is found violating any provision of law, regulations, this title or the National Capital Park regulations; or when the licensee is found to have furnished any false or misleading information in connection with his or her license application.

History

• SOURCE: Sections 18(a)(1)-(a)(4), (c), (d), & (e) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 816 MERCHANDISE VENDORS: LICENSE APPLICATIONS

816.1 Application for the issuance of a special license to exercise the privilege of selling, offering for sale, or distributing goods, wares, or merchandise in or on any street, avenue, alley, or reservation in the Inaugural Area during the inaugural period, shall be submitted to the Director on a form provided by the Director for this purpose.

816.2 Each application shall be accompanied by the following:

(a) Three (3) full-face photographs measuring two inches by two inches (2 in. x 2 in.) taken no earlier than twenty (20) days prior to the filing of the application; and

(b) A sample of each article of merchandise to be sold by the applicant.

816.3 Each application shall be subject to the approval of the Concessions Committee, which may investigate both the applicant for the license and the goods, wares, and merchandise to be offered for sale under the license applied for. The Concessions Committee may charge the applicant a reasonable fee for its investigation.

816.4 The application also shall be subject to the approval of the Director for the issuance of a license and, where practicable, a pass.

816.5 The pass shall bear the name of the person to whom it is issued, and shall specify the articles authorized to be sold by the licensee.

816.6 The pass shall be worn conspicuously by the licensee while vending any of the goods, wares, or merchandise for the sale of which he or she has been issued a license.

History

• SOURCE: Section 18(b) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 817 MERCHANDISE VENDORS: USE OF VEHICLES

817.1 No vehicle of any description shall be used in connection with the sale or distribution of any merchandise for which a license is issued, unless the Concessions Committee finds that the sale or distribution of the merchandise can be accomplished only from a fixed location.

817.2 Merchandise may be sold from a stand or vehicle stationed at a fixed location if the location is approved by the Concessions Committee, the Chief of Police, and the Director.

817.3 Whenever a stand or vehicle is used for the sale or distribution of merchandise, a pass or placard shall be issued by the Director for placement on the stand or vehicle.

817.4 Use of a vehicle for the sale of merchandise shall be limited to the period between 6:00 a.m. and 7:00 p.m. on Inauguration Day, unless further limited by the Concessions Committee.

History

• SOURCE: Section 18(b) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 818 MERCHANDISE VENDORS: SALE OF MERCHANDISE

818.1 No person to whom the special license authorized by this section has been issued shall sell any item of merchandise other than the item or items as he or she may be specifically authorized to sell by the Concessions Committee, as evidenced in writing on any pass issued to person, or in other written authorization furnished to the person by the Concessions Committee.

818.2 No person to whom the special license authorized by this section has been issued shall ply his or her trade between the hours of 10:00 p.m. and 7:00 a.m.

818.3 No person to whom the special license authorized by this section has been issued shall do any of the following:

(a) Sell or offer to sell food, drinks, or tobacco;

(b) Sell or offer to sell confetti or any kindred substance, or any substance or device designed to annoy any person; or

(c) On Inauguration Day, sell or offer to sell goods, wares, or merchandise in any of the inaugural stands, or in the roadway along the route of the inaugural parade, between sunrise and sunset, or until the parade has passed, whichever is later.

818.4 No person to whom the special license authorized by this section has been issued shall remain in any one (1) place upon any of the highways or public spaces for a period that is longer than necessary to make a sale after having been specifically authorized to remain in the location by the Concessions Committee and the Chief of Police.

818.5 No person to whom the special license authorized by this section has been issued shall interfere with traffic or cause annoyance to residents or passersby.

818.6 No person to whom the special license authorized by this section has been issued shall ply his or her trade in violation of traffic regulations.

818.7 No person to whom the special license authorized by this section has been issued shall ply his or her trade in any of the following places:

(a) Upon any of the highways in front of or around any public or private school during any times that the school is in session;

(b) Upon arterial or boulevard highways; or

(c) Upon any highway around the following circles or grounds:

(1) Dupont Circle;

(2) Scott Circle;

(3) Thomas Circle;

(4) Logan Circle;

(5) Sheridan Circle;

(6) Washington Circle; or

(7) The grounds of the United States Capitol or the Library of Congress.

818.8 No person to whom the special license authorized by this section has been issued shall ply his or her trade upon any of the following streets or avenues:

(a) Any street intersecting with highways around a circle or ground listed in §818.7(c) for a distance of one hundred feet (100 ft.) from the outer edge of these highways;

(b) Pennsylvania Avenue between First and Sixth Streets, N.W.;

(c) The south side of Pennsylvania Avenue between East Executive and West Executive Avenues, N.W.;

(d) South Executive Avenue, N.W.;

(e) State Place; or

(f) Alexander Hamilton Place, N.W.

818.9 No person to whom the special license authorized by this section has been issued shall ply his or her trade within the area bounded by Fourteenth Street, N.W. and S.W., on the east; Constitution Avenue, N.W., on the north; and the Potomac River on the west and south.

History

• SOURCE: Section 18(a)(5) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 819 [RESERVED]

24 DCMR § 820 FOOD VENDORS: SALE OF FOOD ITEMS

820.1 The provisions of §§820 through 824 shall apply during the inaugural period.

820.2 Except as provided in §§820.4 and 820.5, the sale of fruit, food, lunches, candy, tobacco, drinks, and similar items in any of the reviewing stands or on any street, avenue, alley, or reservation in the Inaugural Area, between 6:00 a.m. and 7:00 p.m. on Inauguration Day, shall be under the direct supervision of the Concessions Committee; and shall be subject to conditions and agreements as the Committee may require of persons selling or offering to sell food, drinks, tobacco and the like during this period.

820.3 Only items approved by the Concessions Committee and the Director of Environmental Services shall be sold, offered for sale, or distributed.

820.4 No milk products or frozen desserts shall be sold, offered for sale, or distributed, unless they have been produced and distributed under permits issued by the Director of Environmental Services.

820.5 Fruit, food, lunches, drinks, and similar items shall be sold, offered for sale, or distributed only from a stand or booth properly equipped with the sanitation and safety facilities and devices required by §§ 825 through 830 of this chapter, and operated in accordance with the provisions of §§ 825 through 830.

History

• SOURCE: Sections 19(a)(1) & (a)(2) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 821 FOOD VENDORS: LICENSE REQUIREMENTS

821.1 No person shall sell or offer to sell any fruit, food, lunches, candy, tobacco, drinks, or similar items in any reviewing stand or in or on any street, avenue, alley, or reservation in the Inaugural Area between 6:00 a.m. and 7:00 p.m. on Inauguration Day, without first having obtained from the District a special license to do so.

821.2 The privilege granted by special license shall not extend to those lands administered by National Capital Parks, National Parks Service, or the Department of the Interior, unless a vending permit is obtained from the Secretary of the Interior or the Secretary's designated representative, in accordance with the regulations of National Capital Parks.

821.3 A special food vending license shall be issued only with the approval of the Concessions Committee.

821.4 The Concessions Committee may, in its discretion, require one (1) or more of the following from any applicant for a special license:

(a) A fee for any investigation or inspection that it may make;

(b) An agreement with the applicant regarding the items to be sold, prices to be charged, and any other conditions the Concessions Committee deems proper; and

(c) Any conditions as the Concessions Committee may attach to its approval of an application.

821.5 After the application for a special license has been approved by the Concessions Committee and, in the case of food, lunches, candy, drinks, or similar items, by the Director of Environmental Services, the special license application shall be presented to the Director of Consumer and Regulatory Affairs.

821.6 Upon payment by the applicant of a license fee to the D.C. Treasurer, a license may be issued by the Director of Consumer and Regulatory Affairs.

821.7 The licensee shall post with the D.C. Treasurer a deposit in the amount as may be prescribed by the Director of Finance and Revenue. The deposit shall be in the form of a certified check or U.S. Postal Money Order, and made payable to the D.C. Treasurer.

821.8 The deposit required by §821.7 shall later be applied in whole or in part to the licensee's payment to the District pursuant to the D.C. Sales and Use Tax Acts as applicable to the sales the licensee makes.

821.9 As a prerequisite to the issuance of a special license, the applicant shall first obtain a Certificate of Registration in accordance with the provisions of the D.C. Sales and Use Tax Acts, authorizing him or her to sell tangible personal property at retail and to collect reimbursement of the tax specified by the D.C. Sales and Use Tax Acts.

821.10 The licensee shall make the Certificate of Registration required by §821.8 available upon request for examination by an officer or member of the Metropolitan Police Department, by an investigator of the Department of Consumer and Regulatory Affairs, or by the Director of Finance and Revenue.

821.11 Any license authorized by this section shall continue to be valid only so long as the licensee continues to have the approval of the Concessions Committee.

821.12 Each license shall be subject to revocation by the Director of Consumer and Regulatory Affairs whenever he or she receives written notice from the Concessions Committee that the Committee has withdrawn its approval of the licensee.

821.13 The acceptance of a special license shall constitute a waiver of any and all claims by the licensee against the District government and its officers, agents, and employees for loss, damage, or injury because of the revocation of the license.

History

• SOURCE: Sections 19(b) & (e) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 822 FOOD VENDORS: LICENSE APPLICATIONS

822.1 Application for the issuance of a special license to sell or offer for sale fruit, food, lunches, candy, tobacco, drinks, or similar items in any reviewing stand or in the Inaugural Area shall be submitted to the Director of the Department of Consumer and Regulatory Affairs on a form provided by the Director for this purpose.

822.2 The application shall be accompanied by three (3) full-face photographs measuring two inches by two inches (2 in. x 2 in.), and taken after the date of the publication of these regulations.

822.3 Each application shall be subject to the approval of the Concessions Committee.

822.4 After approving an application for a special license, the Concessions Committee shall forward the application, together with the photographs that accompanied it, to the Director of the Department of Consumer and Regulatory Affairs.

History

• SOURCE: Section 19(c) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 823 FOOD VENDORS: EMPLOYMENT OF HELPERS

823.1 Persons issued the special license authorized by this section may employ the number of assistants or helpers as the Concessions Committee and the Director of Consumer and Regulatory Affairs may authorize.

823.2 Each assistant or helper shall comply with the provisions of this chapter and with applicable health regulations.

823.3 Upon payment to the D.C. Treasurer of a fee, the Director of Consumer and Regulatory Affairs may furnish each assistant or helper a pass or badge bearing his or her name, and authorizing him or her to sell the items for which the licensee has been licensed.

823.4 Any person to whom a pass or badge is issued shall sell only the items authorized to be sold by him or her in the vicinity of the stand or booth operated by the licensee by whom the person is employed.

823.5 Each assistant or helper to whom a pass or badge has been issued shall conspicuously display the pass or badge on his or her outer coat lapel or garment.

823.6 The issuance of passes or badges to the assistants or helpers of a licensee shall be subject to any conditions the Concessions Committee and the Director of Consumer and Regulatory Affairs may impose.

823.7 When a licensee requests one (1) or more passes or badges for assistants or helpers employed by him or her, the licensee shall furnish the Director of Consumer and Regulatory Affairs with the name and address of each assistant or helper.

History

• SOURCE: Section 19(d) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 824 [RESERVED]

24 DCMR § 825 CONCESSION STANDS: GENERAL REQUIREMENTS

825.1 The provisions of §§825 through 830 shall apply during the inaugural period.

825.2 No person shall set up any stand or booth to sell, offer for sale, or distribute any fruit, food, lunches, candy, tobacco, drinks, or similar items on any street, avenue, alley, or public reservation at any point between the established building lines, without first having the operation and location of the stand or booth approved by the following:

(a) The Concessions Committee;

(b) The Chief of Police;

(c) The Fire Chief;

(d) The Director of Environmental Services; and

(e) The D.C. Department of Public Works.

825.3 The approval of the Secretary of the Interior, or his or her designated representative, shall be required in the case of sites on Federal reservations or grounds under the Secretary's jurisdiction.

825.4 Approval of the Concessions Committee shall be conditioned upon the agreement of the licensee to comply with the requirements for the construction, operation, and sanitation of food concession stands as are required by this chapter and other District regulations, and any other conditions the Concessions Committee may require.

825.5 After a concessions stand or booth has been approved, a card or placard issued by the Director of Consumer and Regulatory Affairs shall be attached to it indicating that the location and operation of the stand or booth have been approved.

825.6 Whenever the Director of Environmental Services has reason to believe that any food vendor, or the operation of any food stand or mobile food dispensing unit, creates an imminent danger to public health, the Director shall be authorized to require the food vendor, or the operator of the food stand or mobile food dispensing unit, to cease operating until the condition creating the imminent danger to public health is corrected to Director's satisfaction.

825.7 Concession stands shall be removed not later than forty-eight (48) hours after Inauguration Day.

825.8 All other stands, booths, and temporary structures shall be removed by the date set by Inaugural Committee or Concessions Committee contracts.

825.9 If the person responsible for the erection of any stand, booth, or temporary structure has failed to remove the structure within the time specified by this section, the cost of removal, whether removal is by or under the authority of the Inaugural Committee or the District, shall be at the person's expense.

History

• SOURCE: Sections 20(a), (q) & (r) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 826 CONCESSION STANDS: PERMITS TO ERECT STANDS

826.1 Permits to erect concession stands on public space within the jurisdiction of the Mayor, shall be obtained from the Director of Consumer and Regulatory Affairs.

826.2 Applications for a permit shall be accompanied by at least two (2) blueprints or linen tracings showing structural details of the stand, including all wiring and piping, and the location of the stand.

826.3 Applications shall be filed not later than five (5) days prior to Inauguration Day.

826.4 Permits for electrical wiring or appliances shall be obtained from the Director of Consumer and Regulatory Affairs, subject to the requirements of the D.C. Electrical Code (DCMR Title 13), and approval of the Director of Housing and Community Development.

826.5 Applications for electrical permits shall be filed no later than five (5) days prior to Inauguration Day, and shall be accompanied by the appropriate fees, payable to the D.C. Treasurer, as set forth in the electrical fee schedule (D.C. Code §47-2712).

History

• SOURCE: Sections 20(b) & (c) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 827 CONCESSION STANDS: CONSTRUCTION AND EQUIPMENT

827.1 All food stands shall be covered with wood, metal, flame-resistant canvas, or similar material approved by the Fire Chief.

827.2 Food stands and mobile units shall be constructed and ready for inspection by the District at least one (1) day prior to Inauguration Day, unless a later time is authorized by the Concessions Committee.

827.3 A concession stand equipped with heating or cooking facilities shall be located not less than fifteen feet (15 ft.) from any reviewing stand.

827.4 All lighting appliances shall be of a type approved by the Director of Housing and Community Development and the Fire Chief.

827.5 Dry chemical fire extinguishers suitable for Class A, B, or C fires, with a minimum classification of 2A-10B:C, and bearing an Underwriters Laboratory label shall be available at each stand. The number and size of fire extinguishers to be available at each stand shall be approved by the Fire Chief.

827.6 Each stand shall be equipped with one (1) or more metal trash containers with tight-fitting metal covers. The Fire Chief and the Director of Environmental Services shall determine what size the container or containers shall be to adequately accommodate the trash that results from the operations conducted or to be conducted in the stand.

History

• SOURCE: Sections 20(d)-(f), (j)-(l) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 828 CONCESSION STANDS: COOKING APPLIANCES

828.1 Heating and cooking appliances in concession stands shall be those that operate either by electricity or by liquefied petroleum gas.

828.2 A permit shall be obtained from the Fire Chief for the use of liquefied petroleum gas.

828.3 Each cooking appliance shall be installed on a substantial support so that its burners shall be at least thirty inches (30 in.) above the floor or ground on which the support for the appliance may rest.

828.4 If the top of the support required by §828.3 is constructed of wood or other combustible material, it shall be protected directly under the cooking appliance with at least one-half inch (1/2 in.) of sheet rock or similar fire-resistant material.

828.5 Cylinders containing liquefied petroleum gas shall be located at least six feet (6 ft.) from cooking and heating appliances, and shall be of a type acceptable under current U.S. Department of Transportation shipping specifications.

828.6 Each stove in which liquefied petroleum gas is used shall be designed for this use. The connection between the stove and any stove cylinder shall be subject to the approval of the Fire Chief.

History

• SOURCE: Sections 20(g)-(i) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 829 CONCESSION STANDS: FOOD PREPARATION

829.1 Each work surface for food preparation shall be at least thirty inches (30 in.) from any service counter. The work surface shall be arranged, located, and protected so that the food on the surface is not unreasonably subjected to contamination by dirt, dust, insects, droppings, or other extraneous material.

829.2 All work surfaces used in food preparation shall be smooth, readily cleanable, and kept clean.

829.3 All food shall be from inspected and approved sources, shall be handled in a sanitary manner, and shall be protected from contamination by dirt, dust, insects, droppings, and other extraneous material.

829.4 All food that is not prepackaged or prewrapped in individual servings so as to protect it from contamination by dirt, dust, insects, droppings, and other extraneous material shall be dispensed in single service containers or wrappers.

829.5 All condiments shall be dispensed only in preportioned single-service packages.

829.6 All milk products and any other product for addition to beverages shall be dispensed to the consumer in original, unopened containers.

829.7 No beverage shall be dispensed or sold to the public in individual glass containers or bottles.

829.8 All beverages shall be dispensed or sold in paper or plastic cups.

829.9 All potentially hazardous foods and beverages that consist in whole or in part of milk or milk products, eggs, meat, fish, shell fish, or poultry, shall be maintained at a temperature of forty-five degrees Fahrenheit (45° F.) or lower, or one- hundred forty degrees Fahrenheit (140° F.) or above, except when actually being prepared or served.

History

• SOURCE: Sections 20(m) & (n) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 830 CONCESSION STANDS: FOOD HANDLERS

830.1 Food handlers shall be required to and shall cleanse their hands before beginning work, and again after each interruption of work.

830.2 Hands shall be kept clean at all times when persons are engaged in handling food, utensils, or equipment.

830.3 In lieu of running hot and cold water, each food stand shall be provided with suitable cleansing devices or liquids containing a detergent-sanitizer of a kind and strength approved by the Director of Environmental Services and in such quantity as the Director may approve.

830.4 Paper towels for drying hands shall be provided at each stand.

History

• SOURCE: Sections 20(o) & (p) of the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24 DCMR § 899 DEFINITIONS

899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Chief of Police - the Chief of the Metropolitan Police Department of the District of Columbia, as established by §1 of the Act relating to the D.C. Metropolitan Police (D.C. Code, §4-107), or the designated agent of the Chief of Police.

Concessions Committee - the Concessions Committee of the Inaugural Committee, or its designated agent.

D.C. Sales and Use Tax Acts - the D.C. Sales Tax Act approved May 27, 1949 (63 Stat. 112; D.C. Code §§47-2001 et seq.), and the D.C. Use Tax Act approved May 27, 1949 (63 Stat. 124; D.C. Code §§47-2201 et seq.).

Director of Consumer and Regulatory Affairs - the director of the Department of Consumer and Regulatory Affairs of the District of Columbia, or the Director's designated agent.

Director of Environmental Services - the director of the Department of the Environmental Services of the District of Columbia, or the Director's designated agent.

Director of Finance and Revenue - the director of the Department of Finance and Revenue of the District of Columbia, or the Director's designated agent.

Director of Housing and Community Development - the director of the Department of Housing and Community Development of the District of Columbia, or the Director's designated agent.

Director of Public Works - the director of the Department of Public Works of the District of Columbia, or the Director's designated agent.

Fire Chief - the fire chief of the Fire Department of the District of Columbia, or the Fire Chief’s designated agent.

Inaugural Area - the Inaugural Area shall be bounded by the streets as designated below:

(a) Beginning at the southeast corner of Second and E Streets, S.E., north along the east curb of Second Street, S.E. and N.E., to the northeast curb of Massachusetts Avenue, N.E.;

(b) Continuing northwest along the north curb of Massachusetts Avenue, N.E., to Union Station Plaza;

(c) West along the north side of Union Station Plaza to the northeast curb of Massachusetts Avenue, N.E.;

(d) Northwest along the north curb of Massachusetts Avenue, N.E., to the west curb of North Capitol Street;

(e) South along the west curb of North Capitol Street to the north curb of E Street, N.W.;

(f) West along the north curb of E Street, N.W., to the east curb of Sixth Street, N.W.;

(g) North along the east curb of Sixth Street, N.W., to the north curb of H Street, N.W.;

(h) West along the north curb of H Street, N.W., to the east curb of Tenth Street, N.W.;

(i) North along the east curb of Tenth Street, N.W., to the north curb of K Street, N.W.;

(j) West along the north curb of K Street, N.W., to the northwest corner of Washington Circle at Twenty-third and K Streets, N.W.;

(k) West along the north curb of K Street to the west boundary of Rock Creek Parkway;

(l) South along the west boundary of Rock Creek Parkway to the Potomac River;

(m) Then south along the east bank of the Potomac River to a point due west of the south intersection of Independence Avenue and Ohio Drive, S.W.;

(n) East along the south curb of Independence Avenue, S.W., to the southwest curb of Canal Street, S.W.;

(o) Southeast along the southwest curb of Canal Street, S.W., to the south curb of E Street, S.E.;

(p) East along the south curb of E Street, S.W., to the west curb of Second Street, S.E.;

(q) Then back to the point of beginning.

Inaugural Committee - shall have the meaning ascribed to it by §1 of the Presidential Inaugural Ceremonies Act, approved August 6, 1956 (70 Stat. 1049; D.C. Code §§1-1801 et. seq.).

Inaugural Period - shall have the meaning ascribed to it by §1 of the Presidential Inaugural Ceremonies Act, approved August 6, 1956 (70 Stat. 1049; D.C. Code §§1-1801 et seq.).

History

• SOURCE: Section 2 off the Presidential Inauguration Special Regulations and Rule of Interpretation Concerning Nonrevival of Statutes Act of 1982, D.C. Law 4-125, 29 DCR 2093 (May 21, 1982).

24-9 ANIMAL CONTROL

24 DCMR § 900 DOGS

900.1 No person shall own or keep a dog that, by barking or in any other manner, disturbs the quiet of any neighborhood or any person.

900.2 No dog shall be allowed to go at large.

900.3 No person owning, keeping, or having custody of a dog in the District shall permit the dog to be on any public space in the District, with the exception of an approved District dog park, unless the dog is on a leash of no more than six feet in length and under adequate means of control of a person capable of physically restraining the dog.

900.4 [REPEALED]

900.5 No person owning, keeping, or having custody of a dog in the District shall permit the dog to go on private property without the consent of the owner or occupant of the property.

900.6 No person owning, keeping, or having custody of a dog in the District shall permit the dog to be confined in any yard or other enclosure, or on any private property, or in any automobile or other vehicle, in a manner that allows the dog to bite or menace persons lawfully using any public street, highway, or public space.

900.7 No person owning, keeping, or having custody of a dog in the District shall permit the dog to defecate or urinate on a public sidewalk. All dog excrement shall immediately be removed from any public or private property and properly disposed of in a closed container or receptacle designed to hold trash or other public waste.

900.8 [REPEALED]

900.9 [REPEALED]

900.10 [REPEALED]

History

• SOURCE: Commissioners' Order 61-1734 effective October 12, 1961, as amended by Regulation No. 72-20, effective August 25, 1972; by §3 of the Animal Control Act Amendment Act of 1980, D.C. Law 3-97, 27 DCR 3523 (August 15, 1980); Article 18, 551-6 and 8 of the Police Regulations (May 1981); by §3 of the Litter Control Administration Act of 1985, D.C. Law 6-100, 33 DCR 781, 783 (February 7, 1986); and by §2 of the Litter Control Fine Increase Amendment Act of 1995, D.C. Law 11-13, 42 DCR 1268 (March 17, 1995); as amended by D.C. Act at 52 DCR 9087 (October 14, 2005); as amended by Final Rulemaking published at 69 DCR 002162 (March 18, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 900

24 DCMR § 901 VACCINATION OF DOGS AND CATS AGAINST RABIES AND DISTEMPER

901.1 (a) Each person who owns, keeps, or has custody of a dog in the District of Columbia shall have that dog vaccinated against rabies and canine distemper by a licensed veterinarian before the dog is four (4) months old or within fifteen (15) days after the person becomes the owner, keeper, or custodian of the dog (if the dog has not previously been vaccinated), whichever is later.

(b) Each person in the District of Columbia who owns, keeps, or has custody of a cat that is four (4) months old or older shall have that cat vaccinated against rabies and feline distemper by a licensed veterinarian before the cat is four (4) months old or within fifteen (15) days after the person becomes the owner, keeper, or custodian of the cat (if the cat has not previously been vaccinated), whichever is later.

901.2 [REPEALED]

901.3 After receiving its initial vaccination for rabies and distemper, the dog or cat shall receive a booster for each vaccination twelve (12) months after the date of the initial vaccination and shall be vaccinated against rabies every three (3) years thereafter.

901.4 The rabies and distemper vaccines used for the vaccination under this section shall be of a strength and type approved by the Director.

901.5 Vaccination shall be done in either of the following ways:

(a) At the expense of the District by veterinarians designated for that purpose; or

(b) At the expense of the person owning, keeping, or having custody of the dog or cat by a private veterinarian.

901.6 The Mayor shall establish and publicize several school locations throughout the city where free vaccinations shall be provided.

901.7 [REPEALED]

901.8 [REPEALED]

901.9 The veterinarian administering the anti-rabies and distemper vaccines shall execute a certificate of vaccination and furnish the original to the owner or other person presenting the dog or cat for vaccination. The certificate shall be on a form prescribed by the Director.

901.10 The veterinarian administering the vaccine shall retain a copy or duplicate of the certificate.

901.11 A copy or duplicate of the certificate of vaccination shall be retained or electronically stored by the veterinarian until the later of: (1) at least one (1) year following the death of the animal, if the animal was still under the care of the veterinarian on the date of death; or (2) at least three (3) years after the date that the veterinarian is no longer providing care to the animal.

901.12 Each veterinarian practicing in the District shall timely furnish to the Director any reports concerning dogs or cats vaccinated against rabies and distemper by the veterinarian that may be required by the Director.

901.13 Upon completion of a rabies vaccination, a veterinarian shall furnish a numbered vaccination tag to the owner or other person presenting the dog or cat for vaccination.

901.14 No veterinarian licensed to practice in the District shall issue a rabies vaccination certificate or vaccination tag for any dog or cat unless he or she has vaccinated the dog or cat against rabies.

901.15 Each person owning, keeping, or having custody of a dog or cat in the District shall affix the vaccination tag provided under § 901.13 to the collar or harness of the dog or cat. The owner shall keep the tag affixed to the dog’s or cat’s collar or harness.

901.16 No person owning, keeping, or having custody of a dog or cat in the District shall do either of the following:

Affix or permit to be affixed to the collar or harness of the dog or cat any tag other than a current license tag, vaccination tag, or owner’s identification tag; or

Affix or permit to be affixed to the collar or harness of the dog or cat any vaccination tags not issued for that dog or cat.

901.17 Except as provided otherwise in § 901.18, the owner, keeper, or other person having custody of a dog or cat that is brought into the District shall have that dog or cat vaccinated against rabies within fifteen (15) days after the arrival of the dog or cat in the District.

901.18 If a dog or cat brought into the District has already been vaccinated in the original jurisdiction in a manner in accordance with the provisions of this section and the owner, keeper, or other person having custody of the dog or cat has a valid vaccination certificate and tag issued by the veterinarian who performed the vaccination, the dog or cat shall not have to be vaccinated again until as otherwise required by this Chapter.

901.19 The Director shall have authority to require the following control measures when deemed necessary to control the spread of rabies in the District:

(a) Muzzling;

(b) Leashing;

(c) Confinement; and

(d) Quarantine.

History

• SOURCE: Regulation No. 71-23, effective July 9, 1971; as amended by Final Rulemaking published at 69 DCR 002162 (March 18, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 901

24 DCMR § 902 FOWL

902.1 No person shall harbor, keep, or caused to be kept any live fowl within the District in a manner that is contrary to the provisions of this section, without a permit from the Mayor.

902.2 A permit to keep live fowl shall be issued only upon the approval of the Director of the Department of Human Services, upon compliance with all terms and conditions of this section.

902.3 Permits shall be dated and shall expire at the end of one (1) year. Permits may be reissued annually after the first year under the same conditions of original approval.

902.4 An application for the renewal of a permit shall be filed within thirty (30) days prior to the expiration of the existing permit. In cases where no violation of these regulations is recorded in the Department of Human Services during the preceding year, permits may be renewed for one (1) year by endorsement by the Director of Human Services.

902.5 Applications for permits shall be furnished by the Director of the Department of Human Services, and shall include the following:

(a) The name and address of the applicant;

(b) The proposed location where the fowl will be kept;

(c) An accurate description of the kind and number of fowl, or the progeny of the fowl; and

(d) Any other information required.

902.6 Each application shall be accompanied by a plat prepared by the District Surveyor that shows accurately the location of the enclosure for the fowl as the enclosure will be placed on the applicant's property, and the respective distance of the enclosure to adjoining property lines.

902.7 Approval by the Director of the Department of Human Services shall be based upon investigation and a report that the following conditions are met:

(a) The proposed location is not within fifty feet (50 ft.) of any building used for human habitation;

(b) The proposed location is not within two hundred and fifty feet (250 ft.) of any property line or, if this is not the case, the applicant has furnished to the Director with the written consents of all householders and owners of property located within one hundred feet (100 ft.) of the boundaries of the premises upon which fowl are to be kept, and within the same square; and

(c) Adequate coops, pens, cotes, runways, and other enclosures will be provided, subject to approval by the Director upon issuance of the permit.

902.8 No fowl shall be kept or permitted to run, fly, or stray within fifty feet (50 ft.) of any building used for human habitation, or onto property other than the enclosure designated in the application for permit; except where a permit has been approved by the Mayor and issued under §902.9.

902.9 Notwithstanding the limitations set forth in this section, a permit may be issued to a public vocational school if the Mayor approves the issuance of a permit based on a finding that the keeping of fowl at the school will not affect adversely the health, comfort, and quiet of the neighborhood.

902.10 All coops, pens, cotes, runways, and other enclosures shall be kept clean, dry, and sanitary at all times.

902.11 All droppings shall be composted with twelve inches (12 in.) of earth cover, or stored in water-tight metal containers with tight-fitting covers.

902.12 Coops, pens, cotes, runways, other enclosures, and the premises shall be free of rats, places where rats can harbor or obtain food, and conditions conducive to the breeding of flies.

902.13 All buildings or structures on any premise where fowl are kept shall be protected against the ingress of rodents.

902.14 Nothing in this section shall apply to properly licensed commercial fowl establishments keeping, killing, or selling fowl.

History

• SOURCE: Article 18, §§9-11 of the Police Regulations (May 1981).

24 DCMR § 903 PIGEONS

903.1 No person or persons shall keep or cause to be kept any pigeons within the District, without a permit from the Mayor.

903.2 A permit shall be issued only upon the approval of the Director of the Department of Human Services.

903.3 Before a permit is issued to any person or persons, signatures of fifty-one percent (51%) of the householders within the radius of one hundred feet (100 ft.) from the loft shall first be obtained.

903.4 The permit shall be dated when issued.

903.5 Each permit shall be renewed annually on the anniversary date of issuance.

903.6 In any case where there have been no complaints during the previous year, the permit may be renewed for a corresponding period by endorsement on the back of the permit by the Director of the Department of Human Services.

903.7 Lofts, aviaries, nests, and other places where pigeons are kept shall be kept dry, well ventilated, clean, and sanitary at all times.

903.8 Lofts, aviaries, nests, and other places where pigeons are kept shall be open at all reasonable times to inspectors of the Department of Human Services.

903.9 The permit shall be issued at a fee of two hundred dollars ($200).

History

• SOURCE: Article 18, §12 of the Police Regulations (May 1981); as amended by §3 Animal Control Amendment Act of 1992, D.C. Law 9-236, 40 DCR 614, 616 (January 22, 1993).

24 DCMR § 904 [REPEALED]

History

• SOURCE: Article 18, §14 of the Police Regulations (May 1981); as amended by the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; 60 DCR 1300 (February 8, 2013)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 904

24 DCMR § 905 WILD ANIMALS

905.1 No person shall keep or display any captured wild animal (such as a bear, monkey, fox, or reptile) on any public space under the supervision of the Mayor, without first obtaining a permit to do so.

905.2 Any person desiring to keep or display any wild animal shall make application to the Mayor or the Mayor's designated agent on a form to be provided for that purpose, stating the place of the proposed display and the duration of the display.

History

• SOURCE: Article 18, §13 of the Police Regulations (May 1981).

24 DCMR § 906 DROVES OF ANIMALS ON STREETS

906.1 No person shall drive or conduct sheep, swine, beeves, or other cattle in herds or droves through any improved city street, nor any densely populated suburban street, nor on any suburban paved or board sidewalk, except as provided in this section.

906.2 No person shall drive or conduct swine, beeves, or other cattle between the hours of 6:00 a.m. and 10:00 p.m.

906.3 No herd or drove shall follow a preceding herd or drove at a distance that is less than one hundred fifty (150) yards, and no less than two (2) drovers shall be in charge of any herd or drove.

906.4 Sheep driven or conducted between the hours of 6:00 a.m. and 10:00 a.m., and when crossing a bridge, shall be in charge of at least six (6) drovers; and the footway and not less than one-third (1/3) of the roadway of the bridge shall be kept free of obstruction by the sheep.

906.5 No drove of beeves shall consist of more than fifteen (15) beeves.

906.6 Horses and mules shall not be driven loosely through any street under any circumstances, but may be conducted in droves of not more than six (6) haltered together and in charge of at least one (1) person holding the halter.

906.7 No horse, mule, goat, sheep, swine, bovine, or other cattle shall be allowed to run at large in the District, and no person owning or harboring any of these animals shall cause or permit an animal to wander, rove, or run at large unrestrained.

906.8 Horned cattle may be led singly by a rope or halter through any of the streets in the District.

906.9 A cow and calf may be led together, if the cow is secured by a rope or halter.

906.10 No loose herd or flock shall be driven or conducted in the District, except with a permit issued by the Chief of Police.

906.11 A permit to drive or conduct a loose herd of animals shall designate the route and time the herd or flock may be driven or conducted.

906.12 No person under sixteen (16) years of age shall drive or conduct any animals listed in this section.

906.13 No person shall wash or clean any vehicle; or water, feed, or clean any horse, mule, cow, or other animal; within fifteen feet (15 ft.) of any public hydrant or pump within the District.

906.14 No person shall bring into the District from any other state, territory, or jurisdiction, on, over, or along any public street, avenue, highway, road, alley, or place, any animal that is not fit for use or that is not free from lameness, sores, and any vice or disease.

906.15 No person shall bring into the District any animal that is likely to cause delay in traffic; or to obstruct any street, avenue, highway, road, alley, or place; or to cause accident or injury to persons or property using those places.

906.16 No person shall drive or work any unfit or diseased animal on, over, or along any public street, road, alley, or place in the District.

906.17 The owner of any diseased or unfit animal shall not allow or permit it to be driven, worked on, or brought into the District along or over any street, avenue, highway, road, alley, or place from any other state, territory, or jurisdiction.

History

• SOURCE: Article 7, §§1- 8 of the Police Regulations (May 1981).

24 DCMR § 907 DANGEROUS DOGS

907.1 A dog that has been declared dangerous pursuant to D.C. Official Code § 8-1902 shall be spayed or neutered at the owner’s expense before the owner may take possession of the dog and after the owner has satisfied all other dangerous dog registration requirements.

907.2 The owner of a dangerous dog shall pay an annual license fee of one hundred dollars ($100) in addition to regular dog licensing fees.

History

• SOURCE: Final Rulemaking Published at 55 DCR 4351 (April 18, 2008); as amended by emergency Rulemaking Published at 54 DCR 10103 (October 19, 2007) [EXPIRED].

24 DCMR § 908 NOTICES OF INFRACTION

908.1 The Director or an enforcement official with the Animal Care and Control Agency may issue a Notice of Infraction, also known as a ticket or citation, imposing a civil fine or other civil penalty, whenever the Director or the enforcement official has reasonable grounds to believe the respondent is in violation of a provision of this title or other applicable law.

908.2 A Notice of Infraction shall be on a form prescribed by the Director and shall include:

(a) The name of the respondent;

(b) A citation or reference to the provision of this title or other applicable law that the respondent has violated;

(c) The circumstances giving rise to the infraction, including the date, time, and place of the infraction;

(d) The amount of the civil fine applicable to the infraction;

(e) A statement that:

(1) The fine must be paid within fifteen (15) calendar days of the date that the Notice of Infraction is served on the respondent;

(2) The respondent has the right to request a hearing before the Office of Administrative Hearings (“OAH”);

(3) If the respondent fails to pay the fine or request a hearing within fifteen (15) calendar days of the date the Notice of Infraction is served on the respondent, a penalty equal to the amount of the fine may be imposed and the respondent’s license may be suspended until the fine has been paid; and

(f) Any other information that the Director may require.

908.3 The signature of an enforcement official on a Notice of Infraction shall be evidence of the validity of the issuance and the truth of the facts stated on the Notice.

908.4 Each Notice of Infraction issued by the Director shall be served and filed in the manner prescribed by 16 DCMR § 3102. If someone other than the Director issues the Notice of Infraction, the original of a Notice of Infraction, accompanied by proof of service in accordance with 16 DCMR § 3102, shall be submitted to the Director within fifteen (15) calendar days after issuance.

908.5 Adjudication and enforcement of a Notice of Infraction shall be done in accordance with 16 DCMR § 3100 et seq.

History

• SOURCE: Final Rulemaking published at 69 DCR 002162 (March 18, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 908

24 DCMR § 999 DEFINITIONS

999.1 When used in this Chapter, the following words and phrases shall have the meanings ascribed:

Abandon – to desert, forsake, or give up an animal without having secured another owner or custodian for the animal or having transferred the animal to the Animal Care and Control Agency.

Adequate care – the responsible practice of animal husbandry, handling, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the ages, species, condition, size, and type of the animal and the provision of veterinary care for the treatment of illness or injury and when needed to prevent suffering or impairment of health.

Adequate exercise or exercise – the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

Adequate feed – the provision of and access to food that is sufficient in quantity and nutritive value to maintain each animal in good health; is accessible; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a manner sanitary for the animal; is placed so as to minimize contamination by excrement and pests and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as may be otherwise prescribed by a veterinarian.

Adequate shelter – the provision of and access to shelter that is safe; enables each animal to be clean and dry; protects each animal from injury, rain, sleet, snow, hail, the adverse effects of heat or cold, and physical suffering; is of a size sufficient for the animal to stand up and turn around; provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and is maintained in a sanitary manner. Wire, grid, or slat floors that permit the animals’ feet to pass through the openings, sag under the animals’ weight, or otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.

For an animal confined outside, the term “adequate shelter” shall additionally mean that:

When the temperature is at or below 40 degrees Fahrenheit, the animal has access to a shelter that has an entrance covered by a flexible wind-proofing material or self-closing door, that includes a platform at least 4 inches off the ground, and that contains dry bedding, which shall consist of an insulating material that does not retain moisture such as straw, and is of a sufficient depth for the animal to burrow; and

When the temperature is at or above 80 degrees Fahrenheit, the animal has access to a shelter shaded by trees, a roof, a tarp, or a tarp-like device and which provides adequate ventilation that allows for heat dissipation so as to allow for normal respiration by the animal.

Adequate space – sufficient space to allow each animal to easily stand, sit, lie, turn, and make all other normal body movements in a comfortable, normal position for the animal, while allowing the animal to interact safely with other animals. When an animal is tethered, adequate space means a tether that permits the above actions and is appropriate to the age, size, and health of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury, with enough room between the collar and the dog’s throat through which two (2) fingers may fit, and prevent the animal or tether from becoming entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangulation or injury of the animal; weighs not more than one-eighth (⅛) of the body weight of the animal tethered; and is at least ten (10) feet in length or three (3) times the length of the animal, whichever is longer, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. Where freedom of movement would endanger or harm the animal, temporarily and appropriately restricting movement of the animals according to veterinary standards for the species is considered the provision of adequate space. Tethering of an animal for a period of greater than two hours is not considered the provision of adequate space.

Adequate water – the provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, appropriate for the weather and temperature, to maintain proper hydration for the ages, species, condition, size, and type of each animal and provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination by excrement and pests.

Animal Care and Control Agency – the District of Columbia humane organization the Mayor contracts with to manage animal care and control.

At large – any animal found off the premises of its owner or custodian and not leashed, tethered, or otherwise under adequate means of control of a person capable of physically restraining it. The term at large shall not include a dog legally in a dog park. The term at large shall not include cats.

Custodian – a person who has assumed responsibility for the care and well-being of an animal in place of the animal’s owner with the owner’s knowledge and permission.

Dangerous animal – an animal that because of specific training or demonstrated behavior threatens the health or safety of the public. The term dangerous animal shall not include a dangerous dog as defined in section 2(1)(B) of the Dangerous Dog Amendment Act of 1988, effective October 18, 1988 (D.C. Law 7-176; D.C. Official Code § 8-1901(1)(B)).

Director – the Director of the District of Columbia Department of Health.

Dog park – a fully fenced area officially established by the District of Columbia government for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners.

Extreme weather – weather phenomena that are at the extremes of the historical distribution and are rare for a particular place and/or time, especially severe or unseasonal weather. Such extremes include, but are not limited to, severe thunderstorms, severe snowstorms, ice storms, blizzards, flooding, hurricanes, high winds, and heat waves. Air temperatures below 32 degrees Fahrenheit or above 90 degrees Fahrenheit constitute extreme weather.

Leash – a line which is affixed to the collar, halter or harness of an animal held by a person on one end that is for leading or restraining an animal.

Mayor – the Mayor of the District of Columbia or his or her designee.

NOI – a Notice of Infraction.

Owner – a person who purchases or keeps an animal in temporary or permanent custody.

Tether – a line connected to a stationary object by which an animal is fastened so as to restrict its range of movement.

Vaccinated – protected by a documented inoculation that the Mayor, consistent with the practices of veterinary medicine, determines is currently effective.

History

• SOURCE: Final Rulemaking published at 69 DCR 002162 (March 18, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 999

24-10 DEPOSITS ON PUBLIC SPACE

24 DCMR § 1000 PROHIBITED DEPOSITS: GENERAL PROVISIONS

1000.1 No person shall throw, cast, deposit, drip, scatter, or leave; or cause to be thrown, cast, laid, deposited, scattered, or left in or upon any street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District of Columbia; any of the following:

(a) Dirt, mud, ashes, gravel;

(b) Trees, sawdust, shavings, hay, straw;

(c) Offal, vegetable matter, garbage;

(d) Coal, cinders;

(e) Paper or refuse matter of any kind; or

(f) Any dead animal or putrescible matter of any sort.

1000.2 No person shall kindle or set on fire any combustible material upon any paved sidewalk or roadway.

1000.3 No person shall shake, beat, or otherwise treat carpets, rugs, floor coverings, garments, clothes, linings, covers, furniture, or other articles in such a manner as to cause dust to settle upon other premises or upon any street, avenue, park, square, road, or reservation in the District of Columbia within two hundred feet (200 ft.) of any house used for human habitation, occupation, or assembly.

1000.4 No person shall deposit, place, sift, shake, or otherwise treat ashes or other rubbish in any manner that causes dust to settle on other premises.

1000.5 No person shall cause or permit to flow, or cast or cause to be cast, dropped, or spilled upon or into any vacant lot, open space, street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District of Columbia, any foul drainage or foul matter of any kind; nor shall any person carry or transport on, over, or through any vacant lot, open space, street, avenue, alley, highway, footway, sidewalk, parking, or other public space, any filth, offal, or offensive matter without a permit from the Director of the D.C. Department of Human Services.

1000.6 Owners of lots abutting upon streets, avenues, or alleys, or upon public parking or other public space, in the District of Columbia, and which are above grade, shall protect the lots so as to prevent dirt, sand, or gravel, or any bushes, trees, or like things from falling or being washed upon the public parking in front of the lots, or upon the sidewalks, streets, or alleyways adjacent to the lots.

1000.7 No person shall throw or place, or cause to be thrown or placed, any stones, gravel, earth, or other substance or material into any canal in the District of Columbia; or into the feeders, basins, or other works of any canal; or upon the towpath of any canal.

1000.8 Any person who fails to comply with this section shall be subject to civil sanctions provided in the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Code §6-2901 et seq.), and shall be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand ($1,000) for the first offense. Continued or repeated failure to comply with this section shall be grounds for suspension or revocation of a solid waste collector's license.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, §1, D.C. Code §1-1-315; §412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
• SOURCE: Article 3, §§1, 2, 5, 9, 20, Article 25, §11 of the Police Regulations (May 1981); as amended by §10 of the District of Columbia Abandoned and Junk Vehicle Removal Amendment Act of 1989, D.C. Law 8-24, 36 DCR 4575, 4581, June 30, 1989.

24 DCMR § 1001 EXCAVATION AND CONSTRUCTION

1001.1 The provisions of this section shall apply to persons engaged in or having charge or control of, or who may be engaged in or have charge or control of conveying material to or from, any of the following activities:

(a) Excavating;

(b) Repairs to structures or grounds; or

(c) Construction.

1001.2 No person subject to the provisions of this section shall deposit, or permit to be deposited, in any manner, any earth, clay, mud, sand, gravel, or other material upon the surface of any street, alley, avenue, highway, footway, sidewalk, parking, or other public space, either by placing, spilling, dropping, or tracking from the wheels of vehicles, or from the feet of animals, or otherwise.

1001.3 If any earth, clay, mud, sand, gravel, or other material is deposited on a public space, a person whose duty it is under this section to prevent a deposit shall promptly remove it.

1001.4 All macadamized or broken-stone roadways adjacent to excavations, or traversed vehicles either in the process of conveying material from an excavation or in returning to the place of excavation from the place of deposit, shall be covered with planking as may be required to prevent any mud, earth, clay, or other material from the excavation or from the place of deposit from reaching the surface of the roadway.

1001.5 Earth and rubbish from excavations, or building debris or material used in the construction of buildings, may be placed or permitted to lie on public space, as now authorized by the Building Regulations of the District of Columbia, or as may be authorized by permit previously obtained from the Director of the Department of Consumer and Regulatory Affairs.

History

• SOURCE: Article 3, §1 of the Police Regulations (May 1981).

24 DCMR § 1002 VACANT LOTS AND OPEN SPACES

1002.1 No person shall throw or deposit, or cause to be thrown or deposited, on any vacant lot or open space in the District any of the following:

(a) Sawdust, shavings, vegetable matter, weeds;

(b) Paper, rubbish, litter, garbage;

(c) Offal, dead animal or putrescible matter of any sort;

(d) An abandoned vehicle, or any other solid waste refuse as defined in 21 DCMR §799.1; or

(e) Any other thing that is injurious to public health.

1002.2 No deposit shall be permitted to remain on a vacant lot or open space.

1002.3 The owner or owners of any lot, lots, or square of ground in the District of Columbia, or their agents, who let their lot, lots, or square for any circus or other exhibition, shall, within twenty-four (24) hours after the exhibition leaves, clear and remove waste paper and deposits of all kinds from the lot, lots, or square, to the satisfaction of the Director, Department of Public Works.

1002.4 This section shall not apply to deposits of substances not injurious to health on any place designated by the Mayor as a public dump, where permission to make deposits is granted by the Mayor.

History

• SOURCE: Article 3, §2 of the Police Regulations (May 1981); as amended by §4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24 DCMR § 1003 COAL DELIVERIES

1003.1 Coal may be deposited on a lot or square for removal to abutting premises, in accordance with the provisions of this section.

1003.2 Removal of coal to abutting premises shall be made within one (1) hour of deposit in the case of bituminous or "soft" coal; and within two (2) hours, in the case of anthracite or "hard" coal.

1003.3 Coal shall be deposited and placed in such manner as to leave a clear passageway for vehicles at all times.

1003.4 Bituminous or soft coal shall be made sufficiently wet before and immediately after being deposited to prevent any part of it being blown about.

History

• SOURCE: Article 3, §1 of the Police Regulations (May 1981).

24 DCMR § 1004 SALT AND SALT WATER

1004.1 No person shall dump, pour, or spill any salt or salt water or other deleterious matter upon any tree or tree space in any public place, street, avenue, roadway, or other highway.

1004.2 No person shall keep or maintain upon any sidewalk within ten feet (10 ft.) of any tree or tree space any receptacle from which salt water leaks or drips; and no person shall pour salt water into any parking or unconcreted gutter so as to injure any shade tree occupying public space.

History

• SOURCE: Article 3, §6 of the Police Regulations (May 1981).

24 DCMR § 1005 ICE AND SNOW

1005.1 No person shall throw, cast, or deposit in or upon any street, avenue, alley, highway, footway, or sidewalk any snow that may have fallen upon or ice that may have accumulated on the roof of any building or other structure.

1005.2 If necessary for public safety to remove snow or ice from the roof of any building or structure, and it is impracticable to do so without violating the prohibition in §1005.1, that prohibition shall be waived if the person offending the prohibition immediately removes the snow or ice that has been thrown, cast, or deposited on the street, avenue, alley, highway, footway, or sidewalk.

History

• SOURCE: Article 3, §1 of the Police Regulations (May 1981).

24 DCMR § 1006 GASOLINE, CHEMICALS, AND OILY SUBSTANCES

1006.1 No person shall pour, spill, or permit to drip upon the pavement of any street, alley, or public place in the District of Columbia any kerosene, gasoline, benzine, or other similar oil or oily substance or liquid.

1006.2 The provision of this section shall not apply, however, to the dripping of lubricating oil from either motor or other vehicles.

1006.3 An oil or water-tight, zinc-lined box or tray shall be securely fastened under the taps or faucets of all oil or delivery wagons or trucks.

1006.4 In filling any measure or other vessel from the taps or faucets on a delivery tank or wagon, the measure or other vessel shall be held so that any drip or overflow shall flow into the box or tray required under §1006.3.

1006.5 In removing the measure or other vessel from over the pavement, no drip or overflow from the measure or other vessel shall be permitted to fall upon the pavement, and no receptacles for holding oil shall be placed on the pavement.

History

• SOURCE: Article 8, §§4, 5 of the Police Regulations (May 1981).

24 DCMR § 1007 TRANSPORTATION OF MATERIALS

1007.1 No owner, driver, manager, or conductor of any cart or other vehicle shall carry or convey, or cause to be carried or conveyed, in that vehicle any coal, earth, sand, gravel, broken stone, dirt, ashes, paper, and other rubbish; or any loose fluid or offensive articles or matter; or any articles whatsoever; so that these articles shall be scattered, dropped, blown, or spilled from the vehicle.

1007.2 All vehicles conveying combustible refuse; or foul, dusty, or offensive matter of any sort; shall have tight bodies and be closely and securely covered.

1007.3 All vehicles conveying waste paper and waste paper products that are baled,sacked, or otherwise carried, shall be closely and securely covered.

1007.4 No person shall remove or transport any manure over any public highway in any of the more densely populated parts of the District of Columbia; except in a tight vehicle which, if not enclosed, shall be covered with canvas that is secured to the sides and ends of the vehicle so as to prevent the manure from being dropped while being removed, and so as to limit as much as practicable the escape of odors from the manure.

History

• SOURCE: Article 3, §§10, 11 of the Police Regulations (May 1981).

24 DCMR § 1008 PAPER, HANDBILLS, CIRCULARS, AND ADVERTISING MATERIAL

1008.1 No paper, handbills, dodgers, cards, circulars, or advertising matter of any kind, or samples of merchandise, shall be thrown, pushed, cast, deposited, dropped, scattered, distributed, or left in or upon any street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District of Columbia, or in or upon or from any vehicle.

1008.2 No paper, handbills, dodgers, cards, circulars, or advertising matter of any kind, or samples of merchandise, shall be thrown, pushed, cast, deposited, dropped, scattered, distributed, or left in or upon the parking or doorsteps of any premises in the District of Columbia, or within the building line, vestibule, or yard of any premises, if it is likely to be taken up by the wind and scattered in the streets, or in or upon any of the places listed in §1008.1 .

1008.3 This section is not intended to prevent the delivery of newspapers and addressed envelopes within the building line of any premises within the District, or the distribution of anything other than commercial and business advertising matter.

History

• SOURCE: Article 3, §8 of the Police Regulations (May 1981).

24 DCMR § 1009 PUBLIC WASTE RECEPTACLES

1009.1 Public wastepaper boxes shall not be used for the disposal of refuse incidental to the conduct of a household, store, or other place of business or domicile, but shall be reserved for small quantities of waste or refuse by persons who pass by.

1009.2 No person shall do the following:

(a) Damage or set fire to a public wastepaper box or its contents; or

(b) Affix a sign, advertisement, or poster to a public wastepaper box.

1009.3 Except for authorized District employees, no person shall open or move a wastepaper box or remove its contents.

History

• SOURCE: Section 4 of the District of Columbia Solid Waste Regulations Amendment Act of 1989, D.C. Law 8-31, 36 DCR 4750, 4753 (July 7, 1989).

24-11 DOWNTOWN STREETSCAPE

24 DCMR § 1100 APPLICABILITY

1100.1 This chapter shall apply to any person engaged in redevelopment or substantial rehabilitation, including sidewalk rehabilitation, where more than fifty percent (50%) of the sidewalk area adjoining a project is planned for construction, within the Downtown Streetscape Area.

History

• Source: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1101 GENERAL RULES

1101.1 This chapter sets forth minimum standards for the treatment of the public space in the Downtown Streetscape Area. Applicants may request variations and modifications to these standards that raise the quality of the materials used or the design of the public space.

1101.2 Recycled materials shall be used to meet the requirements of these regulations whenever possible.

1101.3 Except as provided in subsection 1101.5, the Director shall not approve the issuance of a permit listed in subsection 1101.4 to any person unless the Director has approved a Step 1 streetscape plan pursuant to section 1103.

1101.4 Subsection 1101.3 shall apply to the recommendation for approval of the following permits:

(a) Excavation;

(b) Footings; and

(c) Location of manholes and other vaults as part of a building permit.

1101.5 Approval of the Step 1 streetscape plan is not required for the issuance of an excavation permit to remove or relocate a utility vault to prepare a site for project development.

1101.6 The Director shall not approve the issuance of a permit listed in subsection 1101.7 to any person unless the Director has approved a Step 2 streetscape plan pursuant to section 1103 or unless the Director has approved a combined streetscape plan pursuant to subsection 1102.5.

1101.7 Subsection 1101.6 shall apply to the following permits:

(a) Paving parking;

(b) Paving sidewalk, alleys, curb, and gutters;

(c) Fence, retaining walls, and hedges;

(d) Grading, alleys, and roadways; and

(e) Driveways.

1101.8 Streetscape Plan approvals shall expire if the appropriate public space permits have not been secured and construction started within one (1) year of the date of approval.

History

• Source: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1102 APPLICATION PROCEDURE

1102.1 To obtain a Step 1 streetscape review of a streetscape plan, an applicant shall submit an application on a form provided by the Director and ten (10) copies of the streetscape plan as part of the public space permit application process.

1102.2 The streetscape plan submitted for the Step 1 streetscape review should show, if known, the following:

(a) Sidewalk treatment including proposed materials and paving patterns;

(b) The location and type of all existing and proposed streetlights, traffic signals, parking signs, other traffic control devices and parking meters;

(c) The location of existing and proposed tree spaces, tree species and proposed tree planting details;

(d) The location, design and dimension of all existing and proposed driveways and curb cuts, sewer and water connections, utility lines, and oil tank openings;

(e) The length of the radii for all driveways, alleys, and street corners;

(f) Vaults or any other underground projection below public space, sidewalks or alleys;

(g) Metrobus stops, bus shelters, and Metrorail station entrances;

(h) The location and size of pedestrian entrances, including, but not limited to, store entrances and through-building passageways;

(i) The size and location of shop windows;

(j) The location and design of loading berths, taxi, bus, and other vehicle queuing, waiting areas, or other drop-off or pick-up areas and facilities. The plans for loading berths shall include the number of berths and details of access to the berths;

(k) Top of curb profiles, alley profiles, sidewalk cross slopes, and final street grades;

(l) The location of street amenities;

(m) Elevation of any portion of the building facing a street; and

(n) Handicap ramp locations and details.

1102.3 To obtain a Step 2 Streetscape review of a streetscape plan, an applicant shall submit ten (10) copies of the streetscape plan as part of the public space permit application process.

1102.4 The streetscape plan submitted for the Step 2 Streetscape review shall show the following:

(a) The actual paving materials, their design and support details, landscaping treatment and planting details, final sidewalk grades and any streetscape amenities with necessary details for installation, and drainage details;

(b) Design and location of the sidewalk level streetscape elements, including but not limited to, the designated tree species, tree box plantings, specific designs, number and location of any streetscape hardware, pedestrian amenities, and decorative fixtures; and

(c) The treatment of vault covers.

1102.5 Applicant may, subject to approval by the Director, submit a combined streetscape plan that shows the elements required by subsections 1102.2 and 1102.4. A combined streetscape plan shall be submitted pursuant to the time period set for a Step 1 Streetscape plan.

1102.6 The applicant shall clearly indicate on the submitted streetscape plan any variation or exception to the standards set forth in this chapter and the applicant shall provide a letter describing the variation or the exception and its underlying rationale.

1102.7 All drawings for a Step 1 or a Step 2 Streetscape review shall be submitted to the Executive Secretary, Downtown Streetscape Review Committee, Department of Public Works, seventh floor, 2000 14th Street, NW, Washington, D.C.

History

• Source: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1103 REVIEW OF STREETSCAPE PLANS

1103.1 The Director shall review the submitted streetscape plans to ensure that the submitted streetscape plan and the application have all the required and necessary information.

1103.2 The Director shall notify the applicant within five (5) working days of the adequacy of the information included in the submitted streetscape plan. When necessary, the streetscape plan shall be returned to the applicant for the inclusion of any information that is required or necessary.

1103.3 The applicant may request, and the Director may grant, upon good cause shown, that the streetscape plan be reviewed in an expeditious manner.

1103.4 The Director shall convene a Committee to review a submitted streetscape plan and to provide a recommendation to the Director on whether the Director should approve or disapprove the submitted streetscape plan.

1103.5 The Committee shall be appointed by the Director and shall consist of representatives of the Design, Engineering and Construction Administration, Parking Services Administration and the Office of Policy and Planning.

1103.6 The Director shall request that a representative from the District of Columbia Office of Planning, the American Institute of Architects and the American Society of Landscape Architects serve as advisory members to the Committee.

1103.7 The Committee shall, within three (3) weeks of the submission of the streetscape plan, review the streetscape plan to determine if the streetscape plan conforms to the requirements of this chapter and recommend to the Director whether the streetscape plan (and any requested variation or exception to the standards) should be approved, disapproved, or modified.

1103.8 Variations or exceptions may be recommended for approval if the applicant has demonstrated that the following conditions (a) through (c) have been satisfied or that condition (d) has been adequately demonstrated:

(a) The exception or variation will improve or raise the quality of the streetscape materials or improve or raise the quality of the design of the public space;

(b) The exception or variation is compatible with the adjoining sidewalk and public space;

(c) That if the project is an historic landmark or in an historic district, the exception or variation is compatible with the historic landmark or historic district; and

(d) Compliance with these rules or any provision thereof imposes an undue hardship on the applicant.

1103.9 Except as provided for in subsection 1103.10, the applicant shall be notified within five (5) business days of the date the Director receives the Committees's recommendation. Written notification of the decision shall be transmitted to the applicant within ten (10) business days of the Director's decision.

1103.10 When the Committee recommends disapproval of the submitted streetscape plan, or of an element of the plan, the Executive Secretary of the Committee shall notify the applicant and arrange a meeting between the applicant and members of the Committee, as deemed necessary.

1103.11 When applicable, the applicant shall submit an amended streetscape plan to the Committee. The Committee shall consider the amended streetscape plan pursuant to subsection 1103.7.

1103.12 When appropriate, copies of the Director's decision shall be forwarded to the Public Space Permits and Records Division, D.C. Department of Public Works.

1103.13 Following notification of Step 2 approval by the Director, the applicant shall submit three (3) copies of the approved streetscape plan to the Director.

History

• Source: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1104 MODIFICATION OF A PREVIOUSLY APPROVED STREETSCAPE PLAN

1104.1 The Director may approve a modification of a previously approved streetscape plan when the following conditions are fulfilled:

(a) Repair of a streetscape element is necessary or when construction conditions alter the situation that produced the original streetscape plan;

(b) Adhering to the approved streetscape plan will impose an undue hardship for the applicant; and

(c) A viable alternative and modified streetscape plan is proposed.

1104.2 Modifications to approved streetscape plans shall be submitted pursuant to sections 1102 and 1103.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1105 STANDARDS FOR SIDEWALK TREATMENT

1105.1 On those sidewalks and streets that are not listed in subsection 1105.4 or 1105.6, the sidewalk shall be paved with pressed concrete pavers that shall meet the following requirements:

(a) The size shall be two feet (2') by three feet (3') by two inches (2") (nominal), or the appropriate metric equivalent;

(b) The color shall be limestone gray;

(c) Each paver shall have a non-slip finish;

(d) Except at the corner, the pattern shall be trisected running bond, which is perpendicular to and begins at the curb;

(e) The pattern at the corner of a sidewalk shall be a herringbone pattern;

(f) The joint shall have a maximum width of one-fourth of an inch (1/4"), with a combined width across the top of a maximum of five-eighths of an inch (5/8"). It should be swept with a dry sand cement mix of two (2) to one (1) by volume;

(g) Each paver shall be beveled to a maximum of three-sixteenths of an inch (3/16");

(h) If feasible, where an interruption in the sidewalk occurs, the pressed concrete pavers shall be cut to fit, otherwise the interruption shall be treated by a square collar of poured concrete of the same color and treatment as the paver; and

(i) The base shall have a four inches (4") poured concrete slab and a three quarter (3/4") inch sand cement setting bed of a two (2) to one (1) mix by volume.

1105.2 The pressed concrete pavers shall be manufactured and installed according to the standard specifications for Pressed Concrete Block Pavers.

1105.3 On a street listed in subsection 1105.4, the sidewalk shall be paved with a brick paver specifically manufactured for use as a paver and which meet the following requirements:

(a) The size shall be eight inches (8") by four inches (4") by two and one-half inches (2 1/2") (nominal);

(b) The color shall be red as specified in the standard specifications;

(c) The pattern shall be as specified in the standard specifications;

(d) The joints (butt joints) shall be a maximum of one-eighth inch (1/8") and shall be swept with a dry sand cement mix of two (2) to one (1) by volume; and

(e) Each paver shall have a non-slip finish.

1105.4 Except as otherwise stated in this section, the sidewalk on both sides of the following streets shall comply with the requirements of subsection 1105.3:

(a) Massachusetts Avenue, NW from 3rd Street, NW to 5th Street, NW, on the north sidewalk from 5th Street, NW to 7th Street, NW and from 9th Street, NW to 15th Street, NW;

(b) M Street, NW from 3rd Street, NW to Thomas Circle (14th Street, NW);

(c) L Street, NW from 4th Street, NW to Massachusetts Avenue, NW;

(d) The north sidewalk of K Street NW from 3rd Street, NW to 6th Street, NW;

(e) I Street, NW from 5th Street, NW to Massachusetts Avenue, NW;

(f) The north sidewalk of H Street, NW from Massachusetts Avenue, NW to 4th Street, NW and H Street, NW from 4th Street, NW to 5th Street, NW;

(g) The south sidewalk of G Street, NW from 4th Street, NW to 5th Street, NW and G Street NW from 7th Street, NW to 9th Street, NW;

(h) F Street, NW from 4th Street, NW to 5th Street, NW;

(i) E Street, NW from Fourth Street, NW to Fifth Street, NW and on the south sidewalk from Seventh Street, NW to Ninth Street, NW;

(j) The north sidewalk of D Street, NW from 4th NW to 5th Street, NW and D Street, NW from Sixth Street, NW to Ninth Street, NW;

(k) 13th Street, NW from Massachusetts Avenue, NW to M Street, NW;

(l) 12th Street, NW from Massachusetts Avenue, NW to M Street NW;

(m) 11th Street, NW from Massachusetts Avenue, NW to M Street, NW;

(n) 10th Street, NW from E Street, NW to H Street, NW and from Massachusetts Avenue, NW to M Street, NW;

(o) The east sidewalk of 9th Street, NW from Pennsylvania Avenue, NW to G Street, NW, and from Massachusetts Avenue, NW to M Street NW;

(p) 8th Street NW from D Street, NW to F Street, NW and from G Street, NW to I Street, NW;

(q) 7th Street, NW from Pennsylvania Avenue, NW to G Street, NW and from Massachusetts Avenue to M Street, NW;

(r) 6th Street, NW from K Street, NW to M Street, NW;

(s) 5th Street, NW from D Street, NW to G Street, NW, the east sidewalk from H Street, NW to Massachusetts Avenue, NW and 5th Street, NW from K Street, NW to M Street, NW;

(t) 4th Street NW from D Street, NW to G Street NW, from H Street, NW to Massachusetts Avenue, NW, and from K Street, NW to M Street, NW; and

(u) The sidewalks abutting Mount Vernon Square, NW.

1105.5 On a street listed in subsection 1105.6 in the Chinatown area, as defined by the Office of Planning, Chinatown brick sidewalk treatment shall be paved with brick pavers and decorative pavers as specified by the Committee and which shall meet the following requirements:

(a) The brick size shall be eight inches (8") by four inches (4") by two and one half inches (2 1/2");

(b) The decorative brick paver size shall be eight inches (8") by eight inches (8") by two and one-half inches (2 1/2");

(c) The color of the decorative brick paver shall be red as specified in the standard specifications;

(d) Except adjacent to the building, the brick pattern shall be a basket weave pattern, which begins at the curb;

(e) The brick pattern adjacent to the building shall be a soldier course on its side, perpendicular to the building;

(f) The decorative brick paver shall be located in a random pattern, one for each 200 square feet of a sidewalk;

(g) The design layout of the decorative brick paver shall be approved by the Director;

(h) The Joint (butt joint) shall be at a maximum of one-eighth of an inch (1/8") and shall be swept with dry sand cement mix of two (2) to one (1) by volume; and

(i) The adjacent Property owner shall purchase and store at the site extra decorative brick pavers.

1105.6 Except as otherwise stated in this section, the sidewalks on both sides of the following streets shall comply with the requirements of subsection 1105.5.

(a) The south sidewalk of Massachusetts Avenue, NW from 5th Street, NW to 7th Street, NW;

(b) I Street, NW from 5th Street, NW to 9th Street, NW;

(c) H Street, NW from 5th Street, NW to 9th Street, NW;

(d) The north sidewalk of G Street, NW from 5th Street, NW to 6th Street, NW and 7th Street, NW to 9th Street, NW;

(e) 7th Street, NW from G Street NW to Massachusetts Avenue, NW;

(f) 6th Street, NW from G Street, NW to Massachusetts Avenue, NW and

(g) The west sidewalk of 5th Street, NW from G Street, NW to Massachusetts Avenue, NW

(h) The east sidewalk of 9th Street, NW from G Street, NW to I Street, NW.

1105.7 Pavers with markers in the Make a Difference designated locations shall comply with the criteria set forth in the Make A Difference Selection Committee Establishment Act of 1998, D.C. Code §§ 9-1215.01 (2001) (formerly codified at D.C. Code §§ 7-231 et seq. (1999 Supp.)) and in Chapter 1 of this Title. Marker locations are the following:

(a) The North and South sidewalks of F and G Streets, N.W. between 11th and 15th Streets, N.W.

(b) The North sidewalks of E Street, N.W. between 11th and 14th Streets, N.W. and the South sidewalks of E Street, N.W. between 11th and 13th Streets, N.W.;

(c) The East sidewalk of 15th Street, N.W. between Pennsylvania Avenue, N.W. and G Street, N.W.;

(d) The East and West sidewalks of 14th Street, N.W. between Pennsylvania Avenue, N.W. and G Street, N.W.;

(e) The East sidewalks of 13th Street, N.W. between Pennsylvania Avenue, N.W. and E Street, N.W., and the East and West sidewalks of 13th Street, N.W. between E and G Streets, N.W.; and

(f) The East and West sidewalks of 11th and 12th Streets, N.W. between Pennsylvania Avenue, N.W. and G Street, N.W.

1105.8 Personalized Pavers and Markers shall comply with Title 24 DCMR, Chapter 33, Section 3301, Occupation of Public Sidewalks with Personalized Pavers and Markers.

1105.9 Variations in the predominant paving material may be made at building entrances and along the building line. These variations are subject to Committee approval with the following provisions:

(a) The adjacent property owner shall be responsible for the maintenance of any nonstandard paving material and design;

(b) At the entry to buildings, paving may be varied for up to one-third (1/3) of the distance from the property line to the face of the curb and for a width not to exceed twice the doorway size;

(c) The adjacent property owner shall always maintain and store at the site an extra ten percent (10%) of the nonstandard paving material; and

(d) Variations may include special designs, mosaics, and other design statements.

1105.10 The surface of a brick paver or a pressed concrete paver shall be non-slip.

1105.11 Large rough exposed aggregates in the sidewalk paving treatment shall not be approved.

1105.12 Smaller pressed concrete pavers or brick pavers, paved concrete, or other paving treatments may be approved where grade problems can not be resolved by any other method.

1105.13 Expansion joints between pavers and other elements shall not be greater than three-quarters (3/4") of an inch and shall be filled with caulking material.

1105.14 Driveways shall be paved in a manner that distinguishes the driveway from the sidewalk and the street.

1105.15 Ramps for use by the handicapped shall meet the following requirements:

(a) The standard material shall be concrete and color shall be lighter than adjoining pavement;

(b) Handicap ramps shall be located within the parallel lines and aligned with the back edge of the crosswalk;

(c) There shall be 5 ft. clearance at top of ramp; and

(d) Ramp shall conform to the requirements as specified in the standard specifications.

1105.16 New granite curbs shall be installed on all streets in the Downtown Streetscape Area.

1105.17 New brick gutters shall be installed on all streets in the Downtown Streetscape Area.

1105.18 The crosswalk treatment shall conform to the requirements as specified in the standard specifications.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 4099 (May 3, 2002).

24 DCMR § 1106 STANDARDS FOR TREES AND LANDSCAPING

1106.1 Where a conflict exists between the standards set forth in this section and standards set forth in sections 1105 and 1109, the standards set forth in this section shall take precedence.

1106.2 One (1) row of trees shall be required on each side of the street.

1106.3 Repealed

1106.4 Except as provided for in subsection 1106.5, the species of the required trees shall be in conformance with the Master Street Tree Plan as approved by the Director.

1106.5 Subject to approval by the Director, the second row of trees on Indiana Avenue, and K Street east of 12th Street, NW and any other additional rows of trees proposed by the applicant, may be of a species selected by the applicant and approved by the Director.

1106.6 The trees shall be planted to conform to the following requirements:

(a) Trees shall be planted a minimum of forty feet (40') from the intersection of the radius tangent line and the curb and shall allow motorists and pedestrians to clearly view traffic control devices;

(b) Trees shall be planted a minimum of thirty feet (30') to forty feet (40') apart;

(c) Where necessary to avoid other fixed elements in the public space, trees may be planted a minimum of thirty feet (30') apart or a maximum of fifty feet (50') apart;

(d) On Massachusetts Avenue, trees shall be planted forty feet (40') apart with the second row of trees set back twenty feet (20') from the curb and staggered at even forty feet (40') intervals between curb trees;

(e) Trees shall be at least eight feet (8') from any building or utility vault;

(f) Trees shall be at least fifteen feet (15') from a streetlight;

(g) Trees shall be at least twelve feet (12') from any above grade building projection;

(h) Trees shall be at least ten feet (10') from a driveway or an alley;

(i) Trees shall be planted in the center of the tree space;

(j) When planted, the size (caliper) of the tree shall be at least three inches (3") to three and one half inches (3 1/2");

(k) Trees shall be nursery grown and planted balled and burlapped; and

(l) When planted, trees shall be supported by three wood stakes.

1106.7 Trees shall be spaced and planted to conform to planting details as approved by the Director.

1106.8 The tree space shall satisfy the following requirements:

(a) On those streets which are not listed in subsection 1105.4 and which are south of Massachusetts Avenue, the dimension of the tree space shall be four feet (4') by ten feet (10') with a minimum depth of three feet (3');

(b) With the exception of Massachusetts Avenue, streets listed in subsection 1105.4, and on all other streets north of Massachusetts Avenue, the tree space adjacent to the curb shall be four feet (4') wide and continuous and shall have a minimum depth of three feet (3');

(c) The tree space on Massachusetts Avenue shall be six feet (6') wide and continuous.

(d) The tree space shall be back filled with a planting mix specifically approved by the Director;

(e) The tree space shall be protected by the installation of plantings with ground cover to be maintained by the adjacent property owner. The types of ground cover and plantings in a tree space shall be specified by the applicant and are subject to Committee approval;

(f) Crushed rock or gravel shall not be used for ground cover;

(g) The tree space shall be open to soil on all sides; and

(h) Where an enclosed tree space is required due to the below grade restrictions, drainage shall be provided from beneath the tree space.

1106.9 Where public space exists between the edge of the sidewalk and the property line, a landscape plan for this area shall be required as part of the submitted streetscape plan.

1106.10 Subject to approval by the Committee, raised planter boxes shall be permitted at the edge of the public space between the sidewalk and the property line or at the building line, provided that the following requirements are fulfilled:

(a) Raised planter boxes shall be a minimum of ten feet (10') from the curb;

(b) Raised planter boxes shall be clear of other sidewalk streetscape elements, including, but not limited to, trees and tree spaces, signs, meters and streetlight poles; and

(c) Where planter boxes are accessible to pedestrians, the planter boxes may be designed to serve as seating.

1106.11 Installation of electrical service within the tree box shall be subject to the approval of the Committee. Electrical service shall be metered to the owner's building.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1107 TREE MAINTENANCE REQUIREMENTS

1107.1 Any person who installs a tree pursuant to this chapter shall guarantee the life of the tree for one (1) year and shall replace any tree that dies or becomes diseased during the one (1) year period.

1107.2 The adjacent property owner shall water any tree in the public space.

1107.3 The adjacent property owner shall perform any needed maintenance of the tree space, including, but not limited to, cleaning, weeding, mulching, and replacement of plantings, or ground cover.

1107.4 The adjacent property owner shall perform any needed general maintenance work on landscaped areas and planter boxes installed on public space.

1107.5 The adjacent property owner or the Department may perform any emergency maintenance of a tree in the public space.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1108 STANDARDS FOR AMENITIES AND STREET FURNITURE

1108.1 Subject to approval by the Public Space Committee and with the recommendation of the Committee, benches, trash receptacles and other street furniture and amenities may be installed in the public space.

1108.2 Any person who installs benches and other street furniture, trash receptacles and other amenities in the public space pursuant to this chapter shall guarantee their maintenance and replacement for one (1) year.

1108.3 After the one (1) year period provided for in subsection 1108.2, the adjacent property owner shall be responsible for the maintenance and replacement of the street furniture and amenities.

1108.4 Maintenance and replacement schedules for the street furniture and amenities shall be determined by the Director.

1108.5 Benches placed in the public space shall meet the following criteria:

(a) Benches shall be wrought iron with wood slats;

(b) Benches shall have backs and be of a Victorian style design approved by the Director;

(c) Benches shall be a maximum eight feet (8') long. Benches six feet (6') or longer shall have a center arm rest;

(d) Benches shall either face the building and be placed 3 feet from the curb, or face the curb, and be placed 2 feet from face of building; and

(e) Benches shall be anchored to the paving.

1108.6 Benches shall be installed and maintained by the adjacent property owner.

1108.7 Trash receptacles placed in the public space shall meet the following criteria:

(a) Trash receptacles shall be wrought iron frame and electrostatically powder coated, with riveted steel lid and hinged door, as manufactured by Victor Stanley, Dunkirk, Maryland, or equal as approved by the Director;

(b) Each trash receptacles shall be 36-gallon capacity, 41-3/4 inches high, 23-1/2 inches base diameter and 28 inches top diameter and furnished with unbreakable 36 gallon high-density plastic liner;

(c) Each trash receptacle shall be furnished with a spun steel lid with an 18-3/4 inch diameter opening. The steel lid must be riveted to the inner frame perimeter, so that it cannot be removed;

(d) Each trash receptacle shall be furnished with a base consisting of a single-point anchoring system with five (5) hard plastic coated adjustable leveling glides. A one-eighth (1/8") inch steel plate with three (3) 3/4 inch holes for anchoring must be welded to the base assembly;

(e) Each trash receptacle shall be furnished with a hinged steel door fitted with a latch;

(f) Color of trash receptacle shall be black; and

(g) Installation of trash receptacles shall be per manufacturer's recommendation, with District's direction for placement.

1108.8 The District shall install all trash receptacles within the boundaries of the Downtown Business Improvement District. All private trash receptacles in other areas shall be installed by adjacent property owner.

1108.9 All trash receptacles shall be maintained and repaired by adjacent property owners. The District shall pick up from all trash receptacles on public space within the Business Improvement District boundaries.

1108.10 Subject to approval by the Public Space Committee and with the recommendation of the Committee, an applicant may install public art in the public space between the sidewalk and the property line.

1108.11 Banners may be used-on streetlights within the Downtown Streetscape Area pursuant to public space regulations with the approval of the Committee.

1108.12 Location of bike racks in public space shall be coordinated with and approved by Traffic Safety Branch, Bureau of Traffic Services.

1108.13 Bike racks shall meet the following criteria:

(a) The bike rack shall be an inverted U type. The bike rack shall support the frame of the bike at two locations; allow at least one wheel along the frame to be locked to the rack; and allow cyclist the option of using either the popular U-lock or a cable with padlock;

(b) Bike racks shall be 2-3/8" O.D. (outside diameter), galvanized, schedule 40 steel pipe, ASTM 53A, powder coated, gloss black, measuring thirty inches (30") across and thirty six inches (36") high above grade;

(c) Bike rack shall have minimum five feet (5') clearance from other amenities and street furniture;

(d) Bike rack shall be placed parallel to the curb and three feet (3') from the face of curb;

(e) Bike rack shall be placed within the typical twenty six feet (26') distance from the end of the Metro Bus Stop Zone;

(f) Bike rack placement shall allow a minimum of ten feet (10') of clearance for pedestrian flow; and

(g) Bike racks shall not be placed in an entrance or loading zone.

1108.14 Street furniture and amenities shall be located to provide twenty feet (20') on one side of a tree box space to allow for the maneuvering of tree maintenance equipment.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1109 STANDARDS FOR UNDERGROUND VAULTS

1109.1 All vaults shall be set back at least ten feet (10') from the curb, and, where two (2) rows of trees are proposed or required, the first level of the building vaults shall be set back at least thirty feet (30') from the curb.

1109.2 Where the existing building vault is within ten feet (10') of the curb (or within thirty feet (30') of the curb where two (2) rows of trees are required or proposed), the applicant shall be required to abandon and backfill the existing vault with a suitable material solely to the extent necessary for the planting of the trees required by Section 1106.

1109.3 Utility vaults shall not be within eight feet (8') of a tree location. Utility vaults shall conform to the applicable District of Columbia laws, rules, and regulations.

1109.4 PEPCO equipment serving new construction or substantial rehabilitation shall be located in vaults or on pads on private property; except the Director may approve a different location for a utility vault, pad, or manhole when the following conditions are satisfied:

(a) Locating PEPCO equipment in a vault or within or on the roof of a building or on a pad on private property is not feasible;

(b) The proposed location for the utility vault shall not be within or under the major pedestrian movement areas;

(c) The manhole covers shall be solid and filled with a material the same as or compatible with the adjoining sidewalk;

(d) When proposed to be located in a driveway or a public alley, the utility vaults with the solid filled covers shall be capable of withstanding the weight of commercial vehicles, and shall be located to avoid major pedestrian movement areas; and

(e) When proposed to be located on the public space between the sidewalk and the property line, the utility vault may be located in this area when the following conditions are fulfilled:

(1) The utility vault is incorporated into the landscape design;

(2) The utility vault does not interfere with the planting of required trees; and

(3) The utility vault cover shall be solid and filled with a material the same as or compatible with the adjoining sidewalk.

1109.5 Plans submitted for Committee review shall show the depth of cover over building vault projections into public space. There shall be one foot (1') of soil fill between the top of the vault and the bottom of the sidewalk.

1109.6 Only existing grate covers on Washington Metropolitan Area Transit Authority utility vaults shall be allowed in public space between the sidewalk and the property line.

1109.7 Utility vault covers shall be constructed to allow the standard paving material at grade.

1109.8 When feasible and practical, existing vaults shall conform to the standards set forth in this subsection.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1110 STANDARDS FOR STREET ACCESS

1110.1 The location of curb cuts and driveways shall be approved when the following conditions are fulfilled:

(a) The land use, traffic and pedestrian patterns, and transit operation in the area have been considered;

(b) Where feasible, access to loading and parking facilities shall be from an alley;

(c) Where feasible, loading facilities shall be located below grade;

(d) On the following streets, curb cuts and driveways shall be approved only if the applicant demonstrates that there is no other means or method of providing vehicular access to the property:

(1) F Street, NW between 7th Street and 15th Street;

(2) G Street, NW between 7th Street and 15th Street;

(3) 7th Street, NW between Pennsylvania Avenue and Massachusetts Avenue;

(4) 8th Street, NW between Pennsylvania Avenue and Massachusetts Avenue;

(5) 10th Street, NW between Pennsylvania Avenue and H Street; and

(e) Circular driveways, building entrance driveways, porte cocheres, and laybys shall not be permitted in the Downtown Streetscape Area, unless approved by the Director.

1110.2 The design of a driveway shall fulfill the following requirements:

(a) Driveways and their aprons shall be poured concrete and flush with grade of sidewalk;

(b) Driveway shall be a minimum width of twelve feet (12') and a maximum width of twenty-five feet (25');

(c) The radius for curb returns for driveways shall be six feet (6');

(d) There must be a minimum six feet (6') wide pedestrian safety island between two driveways that are more than twenty four feet (24') wide. This pedestrian island shall match the same material used for the sidewalk. It shall have a three feet (3') radius at the curb of the street;

(e) All alleys are required to have a minimum width of twenty feet (20') and radius at curb shall be ten feet (10'). Driveway shall not be located within sixteen feet (16') of another driveway or alley;

(f) Driveway shall be at least eight feet (8') from the adjacent interior property line;

(g) Driveway shall be at least forty feet (40') from the point of the intersection of the two (2) street curbs;

(h) Driveways shall be designed to avoid vehicle backing and vehicle waiting within the street;

(i) Where the driveway provides access to a parking facility, the driveway shall provide a sufficient off-street storage area for vehicles waiting to enter the parking facility; and

(i) Driveway shall have a maximum grade of twelve percent (12%) within the public space.

1110.3 Driveways shall be located according to the Driveway Location Standards approved by the Director.

1110.4 The use of shared driveways for more than one (1) property or building and the shared use of parking and loading facilities by more than one (1) property or building shall be permitted.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1111 STANDARDS FOR STREETLIGHTS

1111.1 The standard streetlight fixtures for the Downtown Streetscape Area shall be the following:

Streets: East-west streets except E, F, G and K Street, NW

Fixture: No 16 Single Globe, forty feet (40') on center.

Pattern: Staggered across the street.

Street: F Street, NW

Fixture: Twin-25 with sconces, forty feet (40') on center.

Pattern: Opposite across the street.

Street: E and G Streets, NW

Fixture: No. 16 Single Globe, forty feet (40') on center.

Pattern: Opposite across the street.

Street: K Street east of 12th Street, NW

Fixture: Twin-20, forty feet (40') on center.

Pattern: Opposite across the street.

Street: K Street west of 12th Street, NW

Fixture: No. 16 Single Globe along sidewalk and twin-20 in the median, forty feet (40') on center.

Pattern: Staggered between the different fixtures on same side of street, opposite across the street.

Streets: North-south streets 2nd to 6th Streets, NW, 10th, 12th and 15th Streets, NW

Fixture: No. 16 Single Globe, sixty feet (60') on center.

Pattern: Staggered across the street.

Streets: 7th, 8th and 9th Streets, NW

Fixture: No. 16 Single Globe, forty feet (40') on center.

Pattern: Opposite across the street.

Street: 11th, 13th and 14th Streets, NW

Fixture: No. 18 Single Globe, sixty feet (60') on center.

Pattern: Staggered across the street.

Streets: Vermont, Indiana and New York Avenues, NW

Fixture: Twin-20, forty feet (40') on center.

Pattern: Opposite across the street

Streets: 16th Street, Massachusetts Avenue and New Jersey Avenue, NW

Fixture: Twin-20, eighty feet (80') on center.

Pattern: Opposite across the street

1111.2 The Twin-20 and Twin-25 with sconces fixtures shall be installed parallel to the curb.

1111.3 Pendant arm pole with streetlight luminare shall be installed at all corners of intersections.

1111.4 The color of all Single Globe and Twin-20 fixtures shall be Black.

1111.5 Pendant arm pole fixtures shall be Battleship Gray color.

1111.6 Streetlights of the Chinese lantern design, as specified by the Committee, shall be located on the following streets in the Chinatown area as defined by the Office of Planning in a pattern approved by the Committee:

(a) I Street, NW from Fifth Street, NW to Ninth Street, NW;

(b) H Street, NW from Fifth Street, NW to Ninth Street, NW;

(c) Sixth Street, NW from G Street to Massachusetts Avenue, NW; and

(d) Seventh Street, NW from G Street, NW to Massachusetts Avenue, NW

1111.7 Any person who installs the Chinese lantern design streetlight pursuant to this chapter shall furnish all expenses for installation and other associated costs of the streetlights.

1111.8 Any person who installs the Chinese lantern design streetlight pursuant to this chapter shall purchase an additional streetlight (including pole and base) for each Chinese lantern design streetlight approved by the Committee. The additional streetlight(s) shall be stored by the Department.

1111.9 The adjacent property owner shall provide paint for the maintenance of each Chinese lantern streetlight purchased.

1111.10 Streetlights shall be located to provide twenty feet (20') on one side of a tree box space to allow for the maneuvering equipment.

History

• Source: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24 DCMR § 1199 DEFINITIONS

1199.1 The terms and phrases used in this chapter shall have the meanings set forth in this section.

Committee - the Downtown Streetscape Review Committee

Department - The District of Columbia Department of Public Works

Director - The Director of the Department or the Director's designee

The Downtown Streetscape Area - The Downtown Urban Renewal Area, as defined in the Zoning Regulations, Title 11 of the District of Columbia Municipal Regulations, and the west side of North Capitol Street and both sides of all other boundary streets of the Downtown Urban Renewal Area.

Downtown Business Improvement District - The area defined pursuant to section 4(c) of the Business Improvement District Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Code section 1-2274(c)).

Manhole - Vaults which house the equipment of any private or public utility company or agency.

Property Line - The line of demarcation between privately owned property fronting or abutting a street and the publicly owned property in such street.

Public space - All the publicly owned property between the property lines on a street, as such property lines are shown on the Department's records, and includes, but is not limited to, the roadway, tree spaces and sidewalks.

Redevelopment - The construction of a new building or a new structure.

Rehabilitation - The repair of an existing, reusable structure or building which provides a satisfactory improved physical condition for the intended use of the structure or building.

Standard Specifications - The District of Columbia Department of Public Works, Standard Specifications for Highways and Structures, 1996.

Street - A public highway as shown on the records of the District, whether designated as a street, alley, avenue, freeway, road, drive, lane, place, boulevard, parkway, circle, or by any other term.

Substantial Rehabilitation - The rehabilitation of an existing structure or an existing building when the estimated cost of the rehabilitation, as determined for a building permit, is (50%) percent or more of the value of the structure.

Vault - A structure or an enclosure of space beneath the surface of the public space, including, but not limited to tanks for petroleum products, utility vaults and building vaults. If the structure or enclosure of space is divided horizontally into two (2) or more levels, the term "vault" shall be considered as applying to one (1) level only, and each level shall be considered as a separate vault.

History

• SOURCE: Final Rulemaking published at 47 DCR 7117 (September 1, 2000).

24-12 SIDEWALKS

24 DCMR § 1200 SIDEWALK TREATMENT IN HISTORIC DISTRICTS

1200.1 Except as provided for in §1200.2, this section shall be applicable to only the following historic districts:

(a) Anacostia;

(b) Capitol Hill;

(c) Georgetown;

(d) LeDroit Park; and

(e) Logan Circle.

1200.2 Residents in an historic district not listed in § 1200.1 may petition the Director to list the historic district in §1200.1. The Director, in consultation with the State Historic Preservation Officer for the District of Columbia, shall review the petition to determine whether this section shall be amended to include the historic district and shall take the appropriate action.

1200.3 The pavement materials for new sidewalk installation on a street zoned R or SP in an historic district shall be brick and sand.

1200.4 The pavement material for new sidewalk installation on a street zoned for commercial purposes in an historic district shall be brick on concrete.

1200.5 The abutting property owners shall be assessed the cost of new sidewalk installation performed pursuant to §§ 1200.3 and 1200.4 in the manner specified by D.C. Official Code §§ 7-601 et seq. (1981 ed.).

1200.6 If the area to be repaired on a sidewalk on a street zoned R or SP in an historic district is twenty feet (20 ft.) or more in length and the full width of the sidewalk, the Department shall repair the sidewalk with brick on sand.

1200.7 If the area to be repaired on a sidewalk on a street zoned R or SP in an historic district is less than twenty feet (20 ft.) and the full width of the side walk, the Department shall repair the sidewalk with in-kind paving materials.

1200.8 If the area to be repaired on a sidewalk on a street zoned for commercial purposes in an historic district is twenty feet (20 ft.) or more in length and the full width of the sidewalk, the Department shall give notice to the abutting property owner(s) that the Department intends to repair the abutting sidewalk in not less than (30) days. This would be done to afford the property owners an opportunity to upgrade the sidewalk.

1200.9 Within thirty (30) days of the notice given pursuant to § 1200.8, the abutting property owner may notify the Department in writing of the owner's requested pavement material, either brick on concrete or the existing pavement material, and shall inform the Department whether that property owner agrees to share in the cost of repairing the sidewalk with brick on concrete.

1200.10 The Department shall review the request(s) and shall finally determine which paving material shall be used based on the appropriateness, availability, and cost of the pavement materials, and based on any other pertinent factors. This determination shall be made within thirty (30) days of the date of receipt of the request.

1200.11 If the area to be repaired on a sidewalk on a street zoned for commercial purposes in an historic district is less than twenty feet (20 ft.), and the full width of the sidewalk, the Department shall repair the sidewalk with in-kind paving materials.

1200.12 For streets located in an historic district which have a mix of commercial and residential uses, or which are located in a waterfront zone, the Director shall determine, based on the primary character of the streets, which subsection of this section most appropriately applies to the streets.

1200.13 This section shall not apply to sidewalks in the Downtown Urban Renewal Area.

History

• SOURCE: Final Rulemaking published at 32 DCR 1522, 1523 (March 15, 1985). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1200

24 DCMR § 1201 LAY-BYS: GENERAL PROVISIONS

1201.1 The District Department of Transportation (DDOT) shall approve a public space permit for a lay-by only when there is no parking lane and other options to safely pick up and drop off passengers are shown to be infeasible or impractical.

1201.2 In addition, a lay-by shall be approved only if:

(a) The property to be served by the lay-by is a commercial property, such as a hotel or hospital having a high demand for passenger pick-up and drop-off space at the building entrance; and

(b) An unobstructed, continuous pedestrian pathway of no less than ten feet (10 ft.) wide can be maintained on the public sidewalk adjacent to the proposed lay-by.

1201.3 No person shall construct a lay-by in public space:

(a) Without first obtaining a public space permit from the Director;

(b) For the purpose of parking motor vehicles; provided, motor vehicles may park temporarily in an approved lay-by in order to drop off or pick up passengers; or

(c) For the purpose of creating a commercial loading zone.

1201.4 A person shall apply for a public space permit for a lay-by by completing an application as provided by the Director. The following documentation shall accompany the application:

(a) A site plan showing the proposed lay-by that is drawn to scale per the latest site plan drawing requirements provided by the Director;

(b) A description of the existing or projected passenger pick-up and drop-off demand at the property and the specific right-of-way conditions on the street that warrant the construction of a permanent lay-by and why other options to safely pick-up and drop-off passengers, including private space or a curbside location in an adjacent parking lane, are infeasible or impractical; and

(c) Additional documentation as may be requested by the Director, such as a traffic impact study and photographs or illustrations showing the area intended for the proposed lay-by.

1201.5 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the lay-by shall be no more than ten feet (10 ft.) wide.

1201.6 When a lay-by is located adjacent to a travel lane intended for the movement of motor vehicle traffic, the combined width of the lay-by lane and the adjacent travel lane shall be no less than nineteen feet (19 ft.).

1201.7 When a lay-by must be located adjacent to a parking lane to accommodate wider vehicles or to allow additional pedestrian maneuvering space on the traffic side of the vehicle, the lay-by shall be no more than three feet (3 ft.) wide.

1201.8 When there is a privately funded streetscape project following the construction of a new building or the substantial rehabilitation of an existing building, the public space permit for any existing lay-by adjacent to the property shall expire. If the property owner desires a new lay-by, a request for a lay-by must be included as part of the public space permit application to perform the privately funded streetscape restoration project.

1201.9 If a person constructs a lay-by in public space without a permit, the person, at his or her own expense, shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.10 When the Director determines that a lay-by should be removed to allow the public space to be used for another purpose which benefits the District, such as for a bus stop, the Director shall revoke the permit for a lay-by in public space and the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.11 Notwithstanding § 1201.10, if the lay-by is to be removed as part of a DDOT street reconstruction project, the Department may itself remove the lay-by and restore the public space instead of requiring the person who constructed the lay-by to remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

1201.12 If a lay-by that existed prior to the final publication of these rules was constructed without a public space permit, the person who constructed the lay-by shall apply for a public space permit under this section by October 1, 2014. If the permit is not approved, the person who constructed the lay-by shall remove the lay-by and restore the public space in accordance with the current DDOT Standard Specifications for Highways and Structures.

History

• SOURCE: Final Rulemaking published at 60 DCR 16852 (December 13, 2013). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1201

24 DCMR § 1299 DEFINITIONS

1299.1 When used in this chapter, the following terms and phrases shall have the following meanings ascribed:

Commercial property – all taxable real property other than vacant land zoned for residential use, residential garages, and any improved property used primarily for residential dwelling purposes, including detached dwellings, semi-detached dwellings, row dwellings, flats, residential condominiums, cooperatives, and apartments.

Director – the Director of the District Department of Transportation.

Downtown Urban Renewal Area - the area as adopted by the National Capital Planning Commission and approved by the Council of the District of Columbia on July 5, 1983.

Historic District - an area of the District of Columbia listed on the National Register of Historic Districts or proposed by the D.C. Historic Review Board to be so listed. The boundaries of each historic district shall be as described in the National Register, except that where the historic district encompasses only a part of a specific street, the whole street shall be considered part of the historic district for the purpose of this chapter.

Lay-by – a designated paved area located at the side of a main roadway and protruding beyond the gutter into the sidewalk area where vehicles can stop temporarily to pick-up or drop-off passengers.

Parking lane – the area of street, alongside the curb, where motor vehicles may lawfully park.

Pedestrian - a person traveling by foot or by wheelchair.

Sidewalk - the paved areas abutting a street or alley that are intended for the use of pedestrians and which are under the jurisdiction of the District of Columbia government.

Substantial rehabilitation – the rehabilitation of an existing building when the estimated cost of the rehabilitation, as determined for the building permit, is fifty percent (50%) or more of the value of the building as shown in the records of the District of Columbia Office of Tax and Revenue.

Travel lane - a roadway lane for the movement of vehicles traveling from one destination to another.

History

• SOURCE: Final Rulemaking published at 32 DCR 1522, 1523 (March 15, 1985); as amended by Final Rulemaking published at 60 DCR 16852 (December 13, 2013). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1299

24-13 CIVIL FINES UNDER D.C. LAW 6-100

24 DCMR § 1300 GENERAL PROVISIONS

1300.1 The provisions of this chapter shall apply to violations of laws, rules, or regulations set forth in D.C. Law 6-100, the Litter Control Administration Act of 1985, effective March 25, 1986.

1300.2 The following District government agency officials or their delegates shall be empowered to issue the Notice of Violation, also referred to as a “ticket,” to persons who violate any provisions set forth in D.C. Law 6-100, the “Litter Control Administration Act of 1985,” as amended:

(a) The Director of the Department of Public Works;

(b) The Chief of Police of the Metropolitan Police Department; and

(c) The Director of the Department of Health.

History

• AUTHORITY: D.C. Code §§ 1-227; 6-2901 et seq.; 8-801 et seq., -810; 10-1141.01 et seq.; Mayor's Orders 86-160, 96-8, 2000-184.
• SOURCE: Final Rulemaking published at 34 DCR 7807 (December 4, 1987); as amended by Final Rulemaking published at 36 DCR 1099 (February 3, 1989); as amended by Final Rulemaking published at 53 DCR 9010 (November 3, 2006).

24 DCMR § 1301 NOTICE OF VIOLATION

1301.1 A Notice of Violation, also referred to as a "ticket," shall be in the form prescribed by the Director of the Department of Public Works (the "Director") and shall be issued for abatement infractions and non-abatement infractions.

1301.2 A Notice of Violation shall inform the respondent how to answer the Notice and shall warn the respondent of the consequences resulting from failure to answer in the manner and time provided.

1301.3 A Notice of Violation shall constitute prima facie evidence of the statements contained in the Notice.

1301.4 The signature of an issuing agent on a Notice of Violation shall be evidence of the validity of the issuance of the Notice.

1301.5 Each incident of prohibited conduct shall constitute a separate violation subject to the prescribed penalty. Thus, for example, each piece of paper posted on each trash receptacle in public space constitutes a separate violation, each vehicle trailing debris in public space is a separate violation.

1301.6 Whenever a Notice of Violation is issued as a result of an observation by an independent third party, the Department of Public Works (the "Department") shall obtain the signed verification of that person, who shall be of suitable age and discretion, stating that on or before the date and time indicated on the Notice, such person observed the condition(s) giving rise to the issuance of the Notice. The statement shall become a part of the record of each Notice so issued by the Department.

1301.7 Whenever the signed verification of an independent third party described in §1301.6 is solicited or obtained, the person shall be advised in writing of the following:

(a) That his or her statement is voluntary;

(b) That it is intended to provide an independent source of verification of the violation resulting in a Notice;

(c) That in the event a hearing is requested, the person shall be asked to submit a notarized statement setting forth his or her observations or the circumstances under which the verification was signed; and

(d) That the person may be asked to appear at any such hearing held on the matter.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807 (December 4, 1987).

24 DCMR § 1302 NOTICE OF VIOLATION FOR AN ABATEMENT INFRACTION

1302.1 A Notice of Violation for an abatement infraction shall be served by the Mayor or his or her designated agent in the manner prescribed in § 1305 and shall require reinspection by the Department to verify abatement as prescribed in §1314.

1302.2 If abatement is not accomplished by the respondent, District forces shall abate and charge the respondent up to twice the cost of the abatement action.

1302.3 This section shall not apply to conditions considered by the Director or his or her designated agent to be public emergencies pursuant to § 1304.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7809 (December 4, 1987).

24 DCMR § 1303 NOTICE OF VIOLATION FOR A NON-ABATEMENT INFRACTION

1303.1 A Notice of Violation for a non-abatement infraction shall be served by the Mayor or his or her designated agent in the manner prescribed in §1305.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7809 (December 4, 1987).

24 DCMR § 1304 PUBLIC EMERGENCIES

1304.1 The Department shall conspicuously post a Notice of Public Emergency on the property identifying the conditions or circumstances which are deemed to constitute a public emergency.

1304.2 Public emergency violations shall be abated immediately after initial identification as an emergency condition by the Department.

1304.3 Twice the District's cost of abating the public emergency condition may be assessed against the owner's property tax in accordance with §8(d) of D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code §6-2901 et seq.).

1304.4 A Notice of Violation shall be served on the last owner of record for the property in question within twenty-four (24) hours of the abatement of the emergency condition by the Department.

1304.5 The respondent to whom the Notice is served in accordance with this section shall be entitled to an administrative hearing in accordance with § 1309.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7809 (December 4, 1987).

24 DCMR § 1305 SERVICE OF THE NOTICE OF VIOLATION

1305.1 The Notice of Violation shall be served on the violator, the owner, the owner's authorized agent; the building superintendent, the operator of equipment, or other responsible individual at the premises by means of personal service, certified mail, or conspicuous posting.

1305.2 If the respondent refuses to accept a Notice of Violation which is personally served, then the Department shall serve the notice by certified mail.

1305.3 If the respondent refuses to accept a Notice of Violation which is served by certified mail, or is no longer at the last known address as shown on the tax records of the Department of Finance and Revenue and no forwarding address is available, then the Notice shall be considered to have been served on the date the return receipt bearing the notification is received by the Department of Public Works.

1305.4 Upon request of the respondent, or his or her attorney or authorized agent, the Department shall provide a copy of the ticket issued to the respondent in a manner and at a cost established by the Director.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7810 (December 4, 1987).

24 DCMR § 1306 ANSWERS TO THE NOTICE OF VIOLATION

1306.1 Failure to answer the Notice of Violation within fourteen (14) calendar days of the date that the Notice of Violation issued shall result in additional penalties.

1306.2 In response to a Notice of Violation, a respondent may do one of the following:

(a) Admit the violation;

(b) Admit the violation, but with an explanation; or

(c) Deny the violation

1306.3 An answer of "Admit" shall constitute the respondent's acknowledgement and acceptance of liability for the condition(s) resulting in the issuance of a Notice of Violation

1306.4 For a Notice of Violation for an abatement infraction, an answer of "Admit" shall also certify that the respondent has abated the condition(s) cited on the Notice.

1306.5 An answer shall be made by marking the appropriate box(es) in the answer form provided on the back of the Notice of Violation and remitting it by mail or personally to the Department at a location and within the time frame prescribed on the Notice.

1306.6 An answer of "Deny" or "Admit With Explanation" shall constitute the respondent's request for a hearing and shall be made in accordance with this section.

1306.7 Failure to answer the Notice of Violation within the time prescribed on the Notice shall result in the imposition of an additional penalty equal to the amount of the original civil fine.

1306.8 If a person to whom a Notice of Violation has been issued fails to respond or satisfy in full the terms of the Notice within the time prescribed on the Notice, the Hearing Examiner may enter a judgement by default sustaining the charges, fixing the appropriate fine and assessing the appropriate penalties.

1306.9 Before a default judgment is entered, the Department shall notify the respondent by regular mail that a Notice of Violation is outstanding, and that a default judgement is pending unless an answer is made within fourteen (14) days of the Notice. The Notice shall be mailed to the respondent's last recorded address.

1306.10 A default judgement entered in accordance with this section may be vacated upon written application to the Director or his or her designee. The application shall include a reason explaining why an answer could not be made in a timely fashion, and a defense to the violation(s) cited on the original Notice(s).

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7811 (December 4, 1987); as amended by Final Rulemaking published at 37 DCR 6055 (September 14, 1990).

24 DCMR § 1307 SCHEDULING OF HEARINGS

1307.1 If a Notice of Violation is answered with a response of "Deny" or "Admit with Explanation," and the presence of the issuing agent is not requested by either the respondent or the Department, an immediate hearing may be conducted by appearing at the location described on the Notice within the time prescribed on the Notice.

1307.2 A hearing shall be scheduled for a specific date and time when the presence of the issuing agent or independent third party is requested by either the respondent of the Department.

1307.3 The date, time, and place of the scheduled hearing may be changed by the Department so long as the respondent receives notice of the change no less than three (3) days prior to the original hearing date.

1307.4 The Director, at his or her discretion, may set additional or alternate times and days for hearings to meet the needs of the Department.

1307.5 Failure of a respondent to appear at a previously scheduled hearing without good cause or a duly granted continuance shall result in the imposition of a penalty equal to twice the amount of the original civil fine.

1307.6 If a respondent fails to appear at a scheduled hearing, without good cause or a duly granted continuance, the Hearing Examiner may enter a judgement by default sustaining the charges, fixing the appropriate fine and assessing the appropriate penalties pending the posting of any and all abatement costs incurred by the Department.

1307.7 Failure to comply with the sanctions imposed by the Hearing Examiner shall result in the entry of a judgement by default.

1307.8 A default judgement entered in accordance with this section may be vacated upon written application to the Director or his or her designee. The application shall include a reason explaining why the respondent failed to appear at the scheduled hearing or failed to comply with the sanctions imposed by the Hearing Examiner, and a defense to the violation(s) cited on the original Notice(s).

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7812 (December 4, 1987).

24 DCMR § 1308 LEGAL RIGHTS AT A HEARING

1308.1 A respondent entitled to a hearing shall have the following rights:

(a) To be represented by counsel;

(b) To present all relevant evidence by means of witnesses, photographs, papers, and other documents;

(c) To examine all opposing witnesses on any matter relevant to the issue;

(d) To have a subpoena issued to compel the attendance of witnesses and the production of relevant photographs, papers, and other documents upon written request for the subpoena to the Chief Hearing Examiner; and

(e) To be represented by an authorized representative.

1308.2 If the respondent believes the Hearing Examiner assigned to conduct the hearing is prejudiced against the respondent or his or her representative, the respondent shall request a new hearing in writing to the Chief, Office of Public Space Adjudication, within forty-eight (48) hours of service of the initial disposition of the violation(s).

1308.3 The request shall be accompanied by an affidavit signed by the respondent setting forth the facts upon which the claim of prejudice is predicated.

1308.4 Upon receipt of the request, the Chief Hearing Examiner, or if there is none, the Chief, Office of Public Space Adjudication, shall determine, based upon the evidence, whether the rights of the respondent have been prejudiced and, if so, the Chief Hearing Examiner shall appoint a new Hearing Examiner and schedule a new hearing.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7814 (December 4, 1987).

24 DCMR § 1309 HEARINGS

1309.1 All hearings shall be open to the public.

1309.2 Hearings shall be held at the location indicated on the Notice of Violation; Provided, that the Director, at his or her discretion, may establish other permanent or temporary hearing locations.

1309.3 The Hearing Examiner shall ensure that the hearing is conducted in an orderly manner and shall have the authority to exclude any respondent or other person from the hearing on the grounds of substantial interference with, or obstruction of, an orderly hearing process.

1309.4 The Department may consolidate for hearing or appeal any and all matters within its jurisdiction pending against a respondent.

1309.5 The Rules of Civil Procedure and the Rules of Criminal Procedure for the Superior Court of the District of Columbia are not binding under the provisions of D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code §6-2901 et seq.).

1309.6 All testimony shall be given under oath or affirmation administered by the Hearing Examiner.

1309.7 The burden of proof shall be on the District.

1309.8 The standard of proof shall be a preponderance of evidence.

1309.9 Hearings shall be recorded and shall be available for transcription upon the request of any party in accordance with the provisions of §1316 of this chapter.

1309.10 The order in which evidence and allegations shall be presented shall be within the discretion of the Hearing Examiner.

1309.11 Examiners assigned to render a decision in any proceedings under this chapter shall not communicate, directly or indirectly, with any person involved in, or a party to. such proceedings except upon notice and opportunity for all parties to participate.

1309.12 If any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the Hearing, the Hearing Examiner may apply to the Superior Court of the District of Columbia for an order requiring compliance.

1309.13 The Hearing Examiner shall follow the general rules of evidence applicable to administrative hearings under the District of Columbia Administrative Procedure Act, P.L. 90-614 (D.C. Code §1-1501 et seq. (1981)).

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7814 (December 4, 1987).

24 DCMR § 1310 HEARING EXAMINERS

1310.1 Any hearing required by D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code §6-2901 et seq.) or this chapter shall be held before a Hearing Examiner or the Chief, Office of Public Space Adjudication. No other person shall have the authority to adjudicate the solid waste or public space violations specified by the "Litter Control Administration Act of 1985" or to dismiss a Notice that has been returned to the Department.

1310.2 A Hearing Examiner shall have the following powers, in addition to any other powers specified in this chapter:

(a) To give appropriate notices;

(b) To administer oaths and affirmations;

(c) To examine witnesses and to take testimony;

(d) To request the Superior Court of the District of Columbia to issue subpoena;

(e) To permit depositions or interrogatories;

(f) To rule upon offers of proof and to receive relevant evidence;

(g) To regulate the course and conduct of hearings;

(h) To hold conferences before, during, or after a hearing to settle or simplify issues;

(i) To make final determinations as provided herein or by law;

(j) To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule or regulation;

(k) Upon application, to reopen the record to receive additional evidence; and

(l) To review charges for abatement activities performed by the Mayor.

1310 3 A Hearing Examiner shall not hear any case in which he or she has any interest with either a party or the matter pending.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7816 (December 4, 1987); as amended by Final Rulemaking published at 36 DCR 1099, 1100 (February 3, 1989).

24 DCMR § 1311 FINAL DETERMINATIONS

1311.1 The Hearing Examiner's final determination following the hearing shall contain the following:

(a) A statement of proposed findings of fact and conclusions of law;

(b) A statement that these findings and conclusions shall become final unless a petition to appeal is received within fifteen (15) days of the service of the Hearing Examiner's decision;

(c) A statement of respondent's right to appeal; and

(d) One or more of the civil sanctions authorized in §8 of D.C. Law 6-100, the Litter Control Administration of 1985 (D.C. Code §6-2901 et seq. (1981)).

1311.2 The final determination shall include specific findings on each issue of fact and shall be based upon reliable, probative, and substantive evidence. Mere conclusory assertions or summaries of evidence shall not constitute a sufficient basis for findings of fact within the meaning of this section.

1311.3 The final determination of the Hearing Examiner shall be based upon consideration of the entire record of the proceeding, and no evidence, information, or other knowledge, except that of which official notice is taken, shall be considered.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7817 (December 4, 1987).

24 DCMR § 1312 PAYMENT OF CIVIL SANCTIONS

1312.1 Upon a determination of liability, one or more of the following civil sanctions shall be imposed by the Hearing Examiner:

(a) Monetary fines and penalties;

(b) Abatement of the nuisance; and

(c) Alternate community service, if requested by the respondent.

1312.2 Upon a determination of liability, a Hearing Examiner may temporarily suspend or modify penalties or abatement costs; but in no event shall the Hearing Examiner reduce the amount of the original fine.

1312.3 Checks or money orders shall be made payable to "D.C. Treasurer."

1312.4 Certified checks or cash shall be required for payments exceeding two hundred dollars ($200).

1312.5 If any check or other instrument offered to make any payment due is dishonored, the respondent shall be responsible for any fees established by the Department of Finance and Revenue, in addition to all monies owed the District calculated from the original date of service of the Notice of Violation.

1312.6 The Director may approve the use of credit cards for the payment of fines, penalties, fees, or other monies. The respondent shall bear the cost of any fees incurred by the Department for the processing of credit card payments.

1312.7 An interest charge in the amount of one and one-half percent (1 1/2%) per month, or portion of a month, shall be added to the sum total of outstanding fines, penalties, and abatement charges and shall start to accrue thirty (30) days from the date that the final notice requesting payment is mailed to the respondent.

1312.8 If any outstanding fines, penalties, and abatement charges are collected by a private agency, the respondent is responsible for any additional costs associated with the use of that agency.

1312.9 A respondent found liable for one or more violations shall have the option of performing a specific number of hours of alternate community service in lieu of payment of the assigned civil fines and penalties, provided service is requested within seven (7) days of service of the Hearing Examiner's determination. The amount of service shall be the rate (s) prescribed in the schedule of fines.

1312.10 The dates of alternate community service shall be assigned at the time that service is requested by the respondent.

1312.11 Upon a respondent's failure to perform the alternate community service in accordance with the terms and conditions specified in the Hearing Examiner's determination, the right to perform the alternate community service shall terminate, and the total amount of assessed fines, penalties, and charges shall become due.

1312.12 A Hearing Examiner may require the respondent to abate any nuisance in accordance with the Notice of Violation and within a given time frame.

1312.13 The procedures for reinspection of the condition or premises shall be those established in accordance with §1314.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7818 (December 4, 1987); as amended by Final Rulemaking published at 36 DCR 1099, 1100 (February 3, 1989); and by Final Rulemaking published at 37 DCR 6055, 6056 (September 14, 1990).

24 DCMR § 1313 LIENS AGAINST PROPERTY AND TAX SALES

1313.1 The District shall have a continuing lien upon any land and the improvements on the land to which fines or penalties have been imposed pursuant to D.C. Law 6-100, the "Litter Control Administration Act of 1985" (D.C. Code §6-2901 et seq. (1981)).

1313.2 The lien shall have priority over all other liens except liens for District taxes and District water and sewer charges.

1313.3 If any civil fines, penalties, interest or costs shall remain unpaid after the end of six (6) months after the date of the final notice for the charges, then the subject property may be sold for the unpaid civil fines, penalties, and costs at the next tax sale in the same manner and under the same conditions as property sold for delinquent general taxes.

1313.4 For the purposes of any property sold pursuant to the provisions of §1313.3 of this chapter, the redemption period shall be six (6) months.

1313.5 The proceeds of the sale shall be credited to the General Fund of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7820 (December 4, 1987); as amended by Final Rulemaking published at 37 DCR 6055, 6056 (September 14, 1990).

24 DCMR § 1314 REINSPECTION

1314.1 A respondent to whom a Notice of Violation is issued for an abatement infraction shall notify the Department within twenty-four (24) hours of abating the condition to ensure proper reinspection.

1314.2 Reinspection of a condition, nuisance or premises for which a Notice of Violation has been issued shall be for the purposes of assessing and verifying the required abatement.

1314.3 When reinspection of the conditions, nuisance, or premises demonstrates compliance, and all outstanding fines and penalties have been paid pursuant to §1312, the case shall be closed.

1314.4 When reinspection demonstrates that the conditions, nuisance, or premises have not been abated as required, the Mayor shall abate the nuisance and charge against the property, in addition to all outstanding fines and penalties, upon to double the cost and expense incurred by the Mayor in abating the nuisance and preventing a recurrence of the violation.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7821 (December 4, 1987).

24 DCMR § 1315 APPEALS

1315.1 Appeals shall be from final determinations as described in §1311 and shall be made within fifteen (15) days of service of the final decision of the Hearing Examiner.

1315.2 All appeals shall be made to the Board of Appeals and Review and shall be governed by the regulations set forth in chapter 5 of DCMR Title 1, Mayor and Executive Agencies.

1315.3 A final determination of liability and the amount and the type of sanctions imposed may be appealed in cases where an answer of "Deny" was entered at the hearing.

1315.4 Where an answer of "Admit with Explanation" was entered at a hearing, the scope of the appeal shall be limited to the validity and propriety of the sanctions imposed.

1315.5 A non-refundable appeal of ten dollars ($10.00) shall be paid at the time of filing the appeal.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7821 (December 4, 1987); as amended by Final Rulemaking published at 37 DCR 6055, 6056 (September 14, 1990).

24 DCMR § 1316 TRANSCRIPTS OF HEARINGS

1316.1 Transcripts of the hearing proceedings may be ordered through the Department of Public Works on a form prescribed for that purpose by the Director.

1316.2 The costs for transcript(s) of the hearing record shall be borne by the respondent.

1316.3 Fees for transcripts shall be at a rate set by the Director.

1316.4 Transcripts may be ordered upon payment of a deposit, the amount of which shall be set by the Director.

1316.5 When the cost of the transcript has been determined to be less than the amount of the transcript deposit, the amount by which the deposit exceed the cost of the transcript shall be refunded.

1316.6 When the cost of the transcript is determined to exceed the amount of the transcript deposit, the respondent shall be notified in writing of the balance due for preparing the transcript. The balance due shall be paid within fifteen (15) days of notification.

1316.7 If the respondent fails to make a payment when due as required by this section or if any check offered to make payment is dishonored, the request for the transcript shall be dismissed, and the deposit shall not be refunded.

1316.8 Changes in the official transcript shall be made only when the transcript involves errors of substance.

1316.9 A motion to correct a transcript shall be filed with the Chief Hearing Examiner and the other party within ten (10) days after receipt of the transcript by a party.

1316.10 If no objections to the motion are filed within ten (10) days after the filing of the motion, the transcript may, upon the approval of the Chief Hearing Examiner, be changed to reflect the corrections.

1316.11 If objections to a motion to correct a transcript are received, the motion and objection shall be submitted to the reporter or transcriber by the Chief Hearing Examiner with a request to compare the transcript with the stenographic or other record of the hearing.

1316.12 After receipt of the transcriber's report, an order shall be entered by the Chief Hearing Examiner settling the record and ruling on the motion.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7822 (December 4, 1987); as amended by Final Rulemaking published at 37 DCR 6055, 6057 (September 14, 1990).

24 DCMR § 1317 PROCEEDINGS BY MAIL

1317.1 In cases where a respondent shows good cause for not scheduling and attending a hearing, personally or through a representative, the Director or his or her designee may permit the matter to be adjudicated by mail.

1317.2 Letters, memoranda, affidavits, photographs, or other documentary materials shall be acceptable for the purposes of adjudication by mail.

1317.3 The Director or his or her designee may exclude from consideration any material which is not relevant to the adjudication of the alleged violation.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7823 (December 4, 1987).

24 DCMR § 1318 COMPUTATION OF TIME

1318.1 In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

1318.2 The last day of a period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday.

1318.3 When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.

1318.4 Except as otherwise provided by law, whenever an act is required or allowed to be done at or within a specified time the time fixed or the period of time prescribed may, for good cause shown, be extended or shortened by the Director with notice to all parties.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7824 (December 4, 1987).

24 DCMR § 1319 [RESERVED]

24 DCMR § 1320 [RESERVED]

24 DCMR § 1321 [RESERVED]

24 DCMR § 1322 [RESERVED]

24 DCMR § 1323 [RESERVED]

24 DCMR § 1324 [RESERVED]

24 DCMR § 1325 [RESERVED]

24 DCMR § 1326 [RESERVED]

24 DCMR § 1327 [RESERVED]

24 DCMR § 1328 [RESERVED]

24 DCMR § 1329 [RESERVED]

24 DCMR § 1330 [RESERVED]

24 DCMR § 1331 [RESERVED]

24 DCMR § 1332 [RESERVED]

24 DCMR § 1333 [RESERVED]

24 DCMR § 1334 [RESERVED]

24 DCMR § 1335 [RESERVED]

24 DCMR § 1336 [RESERVED]

24 DCMR § 1337 [RESERVED]

24 DCMR § 1338 [RESERVED]

24 DCMR § 1339 [RESERVED]

24 DCMR § 1340 [RESERVED]

24 DCMR § 1341 [RESERVED]

24 DCMR § 1342 [RESERVED]

24 DCMR § 1343 [RESERVED]

24 DCMR § 1344 [RESERVED]

24 DCMR § 1345 [RESERVED]

24 DCMR § 1346 [RESERVED]

24 DCMR § 1347 [RESERVED]

24 DCMR § 1348 [RESERVED]

24 DCMR § 1349 [RESERVED]

24 DCMR § 1350 [RESERVED]

24 DCMR § 1351 [RESERVED]

24 DCMR § 1352 [RESERVED]

24 DCMR § 1353 [RESERVED]

24 DCMR § 1354 [RESERVED]

24 DCMR § 1355 [RESERVED]

24 DCMR § 1356 [RESERVED]

24 DCMR § 1357 [RESERVED]

24 DCMR § 1358 [RESERVED]

24 DCMR § 1359 [RESERVED]

24 DCMR § 1360 [RESERVED]

24 DCMR § 1361 [RESERVED]

24 DCMR § 1362 [RESERVED]

24 DCMR § 1363 [RESERVED]

24 DCMR § 1364 [RESERVED]

24 DCMR § 1365 [RESERVED]

24 DCMR § 1366 [RESERVED]

24 DCMR § 1367 [RESERVED]

24 DCMR § 1368 [RESERVED]

24 DCMR § 1369 [RESERVED]

24 DCMR § 1370 [RESERVED]

24 DCMR § 1371 [RESERVED]

24 DCMR § 1372 [RESERVED]

24 DCMR § 1373 [RESERVED]

24 DCMR § 1374 [RESERVED]

24 DCMR § 1375 [RESERVED]

24 DCMR § 1376 [RESERVED]

24 DCMR § 1377 [RESERVED]

24 DCMR § 1378 [RESERVED]

24 DCMR § 1379 [RESERVED]

24 DCMR § 1380 SCHEDULE OF FINES FOR VIOLATIONS OF THE LITTER CONTROL ADMINISTRATION ACT

1380.1 The following civil infractions and their respective fines set forth in this subsection shall refer to residential violations:

Infraction

(DCMR Citation)

Abatement

Violation

Fine

Service Hours

Solid wastes not properly

Yes

1st violation within 60-day period

$ 75

8

stored and contained for

2nd violation within 60-day period

$ 150

16

Collection

3rd violation within 60-day period

$ 300

32

(21 DCMR § 700.3)

4th violation within 60-day period

$ 1000

100

Failure to maintain

Yes

1st violation within 60-day period

$ 75

8

abutting public space

2nd violation within 60-day period

$ 150

16

(21 DCMR § 702.1)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Failure to maintain

No

1st violation within 60-day period

$ 75

8

abutting public space

2nd violation within 60-day period

$ 150

16

(buildings with no more than

3rd violation within 60-day period

$ 300

32

than 3 dwelling units)

4th violation within 60-day period

$ 1000

100

(2 1 DCMR § 702.2)

Construction waste out for

Yes

1st violation within 60-day period

$ 75

8

Collection

2nd violation within 60-day period

$ 150

16

(21 DCMR § 702.3)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Failure to containerize

No

1st violation within 60-day period

$ 75

8

Leaves

2nd violation within 60-day period

$ 150

16

(21 DCMR § 703.2)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Leaves swept onto public

No

1st violation within 60-day period

$ 75

8

Space

2nd violation within 60-day period

$ 150

16

(21 DCMR § 703.3)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper placement

Yes

1st violation within 60-day period

$ 75

8

of yard waste

2nd violation within 60-day period

$ 150

16

(21 DCMR § 703.4)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Household hazardous

Yes

1st violation within 60-day period

$ 75

8

waste out for collection

2nd violation within 60-day period

$ 150

16

(21 DCMR § 705.6)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improperly bundled solid

Yes

1st violation within 60-day period

$ 75

8

Waste

2nd violation within 60-day period

$ 150

16

(21 DCMR § 705.7)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper source

Yes

1st violation within 60-day period

$ 75

8

separation of recyclable items

2nd violation within 60-day period

$ 150

16

(21 DCMR § 705.8)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper disposal of

No

1st violation within 60-day period

$ 75

8

bulk waste

2nd violation within 60-day period

$ 150

16

(21 DCMR § 706.1)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Insufficient number of

No

1st violation within 60-day period

$ 75

8

solid waste containers

2nd violation within 60-day period

$ 150

16

(21 DCMR § 707.3)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Unclean or damaged

No

1st violation within 60-day period

$ 75

8

containers

2nd violation within 60-day period

$ 150

16

(21 DCMR § 707.4)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Container without

No

1st violation within 60-day period

$ 75

8

tight-fitting

2nd violation within 60-day period

$ 150

16

lid or not watertight

3rd violation within 60-day period

$ 300

32

(21 DCMR § 708.5)

4th violation within 60-day period

$ 1000

100

Improper container-contents

No

1st violation within 60-day period

$ 75

8

not removable

2nd violation within 60-day period

$ 150

16

(21 DCMR § 708.6)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Overweight conventional

No

1st violation within 60-day period

$ 75

8

Container

2nd violation within 60-day period

$ 150

16

(2 1 DCMR § 708.7)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Overweight bags of yard waste

No

1st violation within 60-day period

$ 75

8

waste

2nd violation within 60-day period

$ 150

16

(21 DCMR § 703.4)

)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Open solid waste

No

1st violation within 60-day period

$ 75

8

Container

2nd violation within 60-day period

$ 150

16

(21 DCMR § 708.9)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Illegal plastic bags

Yes

1st violation within 60-day period

$ 75

8

(21 DCMR § 708.10)

2nd violation within 60-day period

$ 150

16

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper solid waste

No

1st violation within 60-day period

$ 75

8

container

2nd violation within 60-day period

$ 150

16

(21 DCMR § 708.1 1 (a)) (c))

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Overweight supercan

No

1st violation within 60-day period

$ 75

8

(21 DCMR § 708.8)

2nd violation within 60-day period

$ 150

16

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Illegal deposit in an alley

Yes

1st violation within 60-day period

$ 75

8

(24 DCMR § 1000.1)

2nd violation within 60-day period

$ 150

16

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper disposal of

Yes

1st violation within 60-day period

$ 75

8

container capable of

2nd violation within 60-day period

$ 150

16

confining children

3rd violation within 60-day period

$ 300

32

(24 DCMR § 2010.1)

4th violation within 60-day period

$ 1000

100

1380.2 The following civil infractions and their respective fines set forth in this subsection shall refer to commercial violations:

Infraction

(DCMR Citation)

Abatement

Violation

Fine

Service Hours

Improper storage of

Yes

1st violation within 60-day period

$ 1000

16

solid waste

2nd violation within 60-day period

$ 2000

32

(21 DCMR § 700.3)

3rd violation within 60-day period

$ 4000

24

4th violation within 60-day period

$ 8000

200

Improper storage of

No

1st violation within 60-day period

$ 150

16

solid waste

2nd violation within 60-day period

$ 300

32

(21 DCMR § 700.3)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Failure to maintain the

Yes

1st violation within 60-day period

$ 150

16

abutting public space &

2nd violation within 60-day period

$ 300

32

causing a nuisance

3rd violation within 60-day period

$ 600

64

(21 DCMR § 702.1)

4th violation within 60-day period

$ 2000

200

Failure to maintain the

No

1st violation within 60-day period

$ 150

16

abutting public space

2nd violation within 60-day period

$ 300

32

(21 DCMR § 702.1)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Failure to containerize leaves

(21 DCMR § 703.2)

No

1st violation within 60-day period

$ 150

16

2nd violation within 60-day period

$ 300

32

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Leaves on public space

No

1st violation within 60-day period

$ 150

16

(21 DCMR § 703.3)

2nd violation within 60-day period

$ 300

32

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Open food waste stored

No

1st violation within 60-day period

$ 500

16

for collection

2nd violation within 60-day period

$ 1000

32

(21 DCMR § 704.2)

3rd violation within 60-day period

$ 2000

64

4th violation within 60-day period

$ 4000

200

No licensed solid waste

No

1st violation within 60-day period

$ 500

16

collector

2nd violation within 60-day period

$ 1000

32

(21 DCMR § 705.1)

3rd violation within 60-day period

$ 2000

64

4th violation within 60-day period

$ 4000

200

Insufficient number of

No

1st violation within 60-day period

$ 500

16

solid waste collections

2nd violation within 60-day period

$ 1000

32

(21 DCMR § 705.2)

3rd violation within 60-day period

$ 2000

64

4th violation within 60-day period

$ 4000

200

Permitting spillage from

No

1st violation within 60-day period

$ 150

16

solid waste container or

2nd violation within 60-day period

$ 300

32

collection vehicle

3rd violation within 60-day period

$ 600

64

(21 DCMR § 705.3)

4th violation within 60-day period

$ 2000

200

Open-bodied

No

1st violation within 60-day period

$ 300

16

vehicles licensed

2nd violation within 60-day period

$ 600

32

after 2/29/1980

3rd violation within 60-day period

$ 900

64

(21 DCMR § 705.4(a))

4th violation within 60-day period

$ 2000

100

Unenclosed or uncovered

solid waste collection vehicle (21 DCMR § 705.4)

No

1st violation within 60-day period

$ 300

16

2nd violation within 60-day period

$ 600

32

3rd violation within 60-day period

$ 900

64

4th violation within 60-day period

$ 2000

200

Household hazardous waste out for collection

(21 DCMR § 705.6)

Yes

1st violation within 60-day period

$ 150

16

2nd violation within 60-day period

$ 300

32

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Improper source separation

of recyclable items

(21 DCMR § 705.8)

Yes

1st violation within 60-day period

$ 200

16

2nd violation within 60-day period

$ 600

32

3rd violation within 60-day period

$ 1500

64

4th violation within 60-day period

$ 3000

200

Failure to arrange for proper recyclables collection

(21 DCMR § 705.10)

Yes

1st violation within 60-day period

$ 200

16

2nd violation within 60-day period

$ 600

32

3rd violation within 60-day period

$ 1500

64

4th violation within 60-day period

$ 3000

200

Failure to notify tenants/occupants

Yes

1st violation within 60-day period

$ 200

16

of recycling requirements

2nd violation within 60-day period

$ 600

32

(21 DCMR § 705.11)

3rd violation within 60-day period

$ 1500

64

4th violation within 60-day period

$ 3000

200

Failure to post

Yes

1st violation within 60-day period

$ 200

16

signs

2nd violation within 60-day period

$ 600

32

(21 DCMR § 705.12)

3rd violation within 60-day period

$ 1500

64

4th violation within 60-day period

$ 3000

200

Improper solid

No

1st violation within 60-day period

$ 150

16

waste container

2nd violation within 60-day period

$ 300

32

(21 DCMR § 707.1)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Insufficient number of

No

1st violation within 60-day period

$ 150

16

solid waste containers

2nd violation within 60-day period

$ 300

32

(21 DCMR § 707.3)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Unclean or damaged

No

1st violation within 60-day period

$ 150

16

Container

2nd violation within 60-day period

$ 300

32

(21 DCMR § 707.4)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Solid waste collection vehicle

No

1st violation within 60-day period

$ 150

16

without a

2nd violation within 60-day period

$ 300

32

dumping mechanism

3rd violation within 60-day period

$ 600

64

(21 DCMR § 709.3)

4th violation within 60-day period

$ 2000

200

Improperly displaying solid

No

1st violation within 60-day period

$ 150

16

waste vehicle ID

2nd violation within 60-day period

$ 300

32

(21 DCMR § 709.5)

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Collecting solid waste

No

1st violation within 60-day period

$ 500

16

without a license

2nd violation within 60-day period

$ 1000

32

(21 DCMR § 710.1)

3rd violation within 60-day period

$ 1500

64

4th violation within 60-day period

$ 2000

200

Illegal disposal at

No

1st violation within 60-day period

$ 300

16

DC facilities

2nd violation within 60-day period

$ 600

32

(21 DCMR § 713.1)

3rd violation within 60-day period

$ 900

64

4th violation within 60-day period

$ 2000

200

Operating an open dump

Yes

1st violation within 60-day period

$ 300

16

(21 DCMR § 713.10)

2nd violation within 60-day period

$ 600

32

3rd violation within 60-day period

$ 900

64

4th violation within 60-day period

$ 2000

200

Unsafe, unclean, or

No

1st violation within 60-day period

$ 150

16

non-odor- free

2nd violation within 60-day period

$ 300

32

containerization

3rd violation within 60-day period

$ 600

64

(2 1 DCMR § 806.1)

4th violation within 60-day period

$ 2000

200

Debris drained into storm

No

1st violation within 60-day period

$ 1000

16

Sewer

2nd violation within 60-day period

$ 2000

32

(21 DCMR § 806.5)

3rd violation within 60-day period

$ 4000

64

4th violation within 60-day period

$ 8000

200

Nuisance or unsightly space

(21 DCMR § 806.10)

No

1st violation within 60-day period

$ 150

16

2nd violation within 60-day period

$ 300

32

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Container lacks

No

1st violation within 60-day period

$ 150

16

collector's name

2nd violation within 60-day period

$ 300

32

phone number, capacity

3rd violation within 60-day period

$ 600

64

(21 DCMR § 806.24)

4th violation within 60-day period

$ 2000

200

Illegal deposits in alleys

Yes

1st violation within 60-day period

$ 150

16

(24 DCMR § 1000.1)

2nd violation within 60-day period

$ 300

32

3rd violation within 60-day period

$ 600

64

4th violation within 60-day period

$ 2000

200

Improper disposal of

Yes

1st violation within 60-day period

$ 150

16

container capable of

2nd violation within 60-day period

$ 300

32

confining children

3rd violation within 60-day period

$ 600

64

(24 DCMR § 2010.1)

4th violation within 60-day period

$ 2000

200

1380.3 The following civil infractions and their respective fines set forth in this subsection shall refer to general violations:

Infraction

(DCMR Citation)

Abatement

Violation

Fine

Service Hours

Littering (21 DCMR § 700.4)

No

1st violation within 60-day period

$ 75

8

2nd violation within 60-day period

$ 150

16

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Failure to provide access to

No

1st violation within 60-day period

$500

8

authorized DPW inspector

2nd violation within 60-day period

$500

16

(21 DCMR § 700.12)

3rd violation within 60-day period

$500

32

4th violation within 60-day period

$500

100

Improper removal of

No

1st violation within 60-day period

$ 300

8

recyclable materials

2nd violation within 60-day period

$ 600

16

(21 DCMR § 705.17)

3rd violation within 60-day period

$ 900

32

4th violation within 60-day period

$ 2000

64

Posting notices on

Yes

1st violation within 60-day period

$ 150

8

public lampposts

2nd violation within 60-day period

$ 300

16

(24 DCMR § 108.1)

3rd violation within 60-day period

$ 600

32

4th violation within 60-day period

$ 2000

100

Signs or posters on trees

Yes

1st violation within 60-day period

$ 150

8

in public space

2nd violation within 60-day period

$ 300

16

(24 DCMR § 108.2)

3rd violation within 60-day period

$ 600

32

4th violation within 60-day period

$ 2000

100

Failure to remove animal

No

1st violation within 60-day period

$ 150

8

excrement from public space

2nd violation within 60-day period

$ 300

16

(24 DMCR § 900.7)

3rd violation within 60-day period

$ 600

32

4th violation within 60-day period

$ 2000

100

Trailing mud, earth, rocks

No

1st violation within 60-day period

$ 300

8

onto public space

2nd violation within 60-day period

$ 600

16

(24 DCMR § 1000.1)

3rd violation within 60-day period

$ 900

32

4th violation within 60-day period

$ 2000

64

Illegal Dumping

Yes

1st violation within 60-day period

$ 1000

(24 DCMR § 1000.1)

2nd violation within 60-day period

$ 2000

3rd violation within 60-day period

$ 4000

4th violation within 60-day period

$ 8000

Illegal Dumping (from a

Yes

1st violation within 60-day period

$ 5000

Vehicle)

2nd violation within 60-day period

$ 5000

(D.C. Law 10 - 117)

3rd violation within 60-day period

$ 5000

4th violation within 60-day period

$ 5000

Nuisance Vacant Lot

Yes

1st violation within 60-day period

$ 300

(24 DCMR § 1002.1)

2nd violation within 60-day period

$ 600

3rd violation within 60-day period

$ 900

4th violation within 60-day period

$ 2000

Depositing handbills on

No

1st violation within 60-day period

$ 75

8

public space

2nd violation within 60-day period

$ 150

16

(24 DCMR § 1008.1)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Improper use of litter

No

1st violation within 60-day period

$ 75

8

receptacles

2nd violation within 60-day period

$ 150

16

(24 DCMR § 1009.1)

3rd violation within 60-day period

$ 300

32

4th violation within 60-day period

$ 1000

100

Damaging public litter

No

1st violation within 60-day period

$ 300

8

receptacles

2nd violation within 60-day period

$ 600

16

(24 DCMR § 1009.2)

3rd violation within 60-day period

$ 900

32

4th violation within 60-day period

$ 2000

100

Graffiti

Yes

1st violation within 60-day period

$ 250

(D.C. Law 13-309)

2nd violation within 60-day period

$ 500

3rd violation within 60-day period

$ 1000

4th violation within 60-day period

$ 2000

History

• SOURCE: Section 2 of the Litter Control Fine Increase Amendment Act of 1995, effective May 9, 1995 (D.C. Law 11-13; 42 DCR 1268 (March 17, 1995)); as amended by Final Rulemaking published at 44 DCR 1864 (March 28, 1997); as amended by Emergency Rulemaking published at 47 DCR 9919 (December 15, 2000) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3154 (April 6, 2001) [EXPIRED]; as amended by Emergency Rulemaking at 48 DCR 6465 (July 20, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 8225 (August 23, 2002); as amended by the Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 (51 DCR 8441 (September 3, 2004)); as amended by Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024, 8026 (September 3, 2010); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1380

24 DCMR § 1399 DEFINITIONS

1399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Abatement Infractions - all residential, commercial and general violations for which abatement of the alleged nuisance is necessary or required before the case can be closed.

Commercial Violations - describes those code infractions committed by or at any establishment that does not receive District solid waste collection service.

Fine Amount - the monetary sanction assigned to the violation.

General Violations - describes those code infractions committed by any person(s) within the boundaries of the District of Columbia who at the time of the violation is not then associated with any particular residence or commercial establishment.

Legal Holiday - any holiday observed by the Government of the District of Columbia.

Non-Abatement Infraction - all residential, commercial and general violations for which abatement of the alleged nuisance is not required.

Public Emergency - for the purposes of this chapter a public emergency shall be defined as any situation where the health safety, property, or welfare of persons or property in the District of Columbia is or maybe threatened.

Residential Violations - describes those code infractions committed by or at any establishment which receives District solid waste collection service (residential buildings containing three (3) or fewer dwelling units).

Respondent - the party to whom the Notice of Violation is issued pursuant to the provisions of §4(c)(2) of the Litter Control Administration Act of 1985 (D.C. Law 6-100, D.C. Code §6-2903(c)(2) (1989 Repl.)), as amended. (37 DCR 6057)

Service Hours - the number of hours of alternate community service required to satisfy the violation, if requested by the respondent.

History

• SOURCE: Final Rulemaking published at 34 DCR 7807, 7828 (December 4, 1987); as amended by Final Rulemaking published at 37 DCR 6057 (September 14, 1990).

24-14 STREET AND ALLEY CLOSING

24 DCMR § 1400 APPLICATION PROCEDURE

1400.1 Applications for street and alley closing shall be filed with the Department of Public Works, Office of the Surveyor, 614 H Street, N.W., Room 605, Washington, D.C. 20001.

1400.2 The application, and the statement required by §1400.4(d), shall be on forms provided by the Director.

1400.3 The application shall be signed by the applicant or by an agent of the applicant; Provided, that when the application shall require a public hearing pursuant to the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201, D.C. Code §7-411 et seq.) (hereinafter referred to as the "Act") and this chapter, the agent shall disclose the true identity of the applicant.

1400.4 The application shall be accompanied by the following:

(a) A letter which describes in detail the purpose and nature of the street and alley closing;

(b) A suitable sketch of the proposed closing;

(c) The appropriate filing fee;

(d) A listing of all properties (land and buildings) associated with the proposed closing;

(e) A listing of the name and location of each retail tenant that will be displaced because of the demolition, substantial rehabilitation, or discontinuance of an existing building that is associated with the closing;

(f) Six (6) sets of the site development plan meeting the requirements of §§1400.7 and 1400.8 for all applications, except those made by the District of Columbia Department of Housing and Community Development or by the Pennsylvania Avenue Development Corporation, whenever the purpose of the closing is for the assembly of property for subsequent sale or for the development of property for an office building, apartment, condominium, multiple buildings, commercial or industrial use, church, educational facility or enhancement of parking for vehicles; and

(g) Six (6) copies of the approved development guidelines relevant to the site of the closing, whenever the application is made by the District of Columbia Department of Housing and Community development or by the Pennsylvania Avenue Development Corporation.

1400.5 When the application to close a street or alley satisfies the requirements of §§1403.3, 1403.4, 1403.5, or 1403.6, the application shall be accompanied by a written statement of support which contains the required names and signature.

1400.6 The Director, in his or her discretion, may require that the applicant meet with the appropriate Departmental and District officials either before or after comments have been requested or received pursuant to §1401.

1400.7 Where a site development plan is required by §1400.4(f), it shall be on an engineers scale at one inch (1 in.) equals one hundred feet (100 ft.) or larger, and the vehicular tracking diagram required by § 1400.8(c) shall be to a scale of one inch (1 in.) equals twenty feet (20 ft.) on either the site plan or on a separate sheet, and each site plan set shall be accompanied by a copy of the street grade map or the alley grade sheet that is on file with and obtainable from the Department of Public Works, Public Space Permits and Records Division, Room 616, at 613 G Street, N.W.

1400.8 The site development plan shall illustrate the following elements:

(a) The Office of the Surveyor's application file number;

(b) A key location sketch showing the development in relationship to the square and surrounding streets, with the streets identified;

(c) Footprint or outline of each building of the proposed development;

(d) The street names;

(e) The alley or street or portion thereof proposed to be closed; and the location and dimensions of any dedication or easement proposed, along with a clear statement of the purposes for the easement;

(f) The approximate gross floor areas intended for various uses such as retail, office, residential, industrial, and commercial;

(g) The points of ingress and egress that vehicles will use for parking or loading purposes;

(h) The location of off-street parking spaces and their number and size;

(i) The location and size of loading and unloading facilities such as berths, docks, and platforms;

(j) Tracking diagram for the maximum size trucks intended to use the loading and unloading facilities;

(k) Elevation views for each side of any building proposed for the site; and

(l) A profile drawing of the easement to clearly show the proposed surface grade of the easement and the ceiling level of any building to be constructed over the easement.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §602 of the Street and Alley Closing and Acquisition Procedures Act of 1982, D.C. Law 4-201, D.C. Code §7-411 et seq. (1981).
• SOURCE: Final Rulemaking published at 31 DCR 560 (February 10, 1984); as amended by Final Rulemaking published at 34 DCR 2695 (April 24, 1987); and by Final Rulemaking published at 36 DCR 5122, 5123 (July 21, 1989).

24 DCMR § 1401 AGENCY REVIEW

1401.1 Prior to submission of the application to the Council, the application shall be reviewed by those agencies and persons listed in this section in the time frame set forth in this section.

1401.2 The Director shall assemble the application file and send it to the agencies and persons as follows:

(a) The Fire Chief who shall review the application to determine if the closing will have an adverse impact on fire safety and protection;

(b) The Director of the Department of Finance and Revenue who shall determine the assessed value of the street or alley to be closed and the assessed value of each lot and each building identified by the applicant or the agent of the applicant as required by §1400.4(d);

(c) The Director of the Office of Planning who shall determine whether the proposed closing is in compliance with the District's planning urban design objectives, and who shall coordinate with the Executive Director of the Office of Business and Economic Development as set forth in §1401.2(e);

(d) The Director of the Department of Housing and Community Development who shall determine whether the proposed closing will adversely affect the District's housing goals, or redevelopment plans and programs, and who shall coordinate with the Executive Director of the Office of Business and Economic Development as set forth in §1401.2(e);

(e) The Executive Director of the Office of Business and Economic Development who, in coordination with the Office of Planning and the Department of Housing and Community Development, shall determine the effect of the street or alley closing upon any existing retail tenants in buildings associated with the street or alley closing; and

(f) The public utilities companies who shall determine whether the proposed closing will adversely affect their facilities.

1401.3 The Director shall review the application for the following:

(a) To determine whether the closing is compatible with the transportation policies, goals, and objectives of the District;

(b) To determine whether the closing will adversely affect the drainage system or District owned hardware and facilities; and

(c) To determine whether the closing will have an adverse impact on sewer and water facilities or on solid waste collection.

1401.4 The agencies and persons listed in § 1401.2 shall forward their comments to the Director within thirty (30) days of receipt of the application. Failure to provide written comments within the thirty-day (30) period shall result in the Director assuming that the non-responding agency or person has no comments and has no objections to the application.

1401.5 The comments forwarded to the Director shall include any objection to the proposed application and what conditions the applicant must comply with in order for the objection of the agency or person to be removed.

1401.6 An agency or a person submitting comments to the Director pursuant to this section may state that the comment shall only be valid for a specific period of time; Provided, that any comment submitted to the Director shall be valid for a minimum of two (2) years from the date the comment was submitted.

1401.7 The Director shall advise the applicant of the comments received pursuant to this section.

1401.8 The applicant shall either resolve any objections with the appropriate agency or the applicant shall accept, in writing, unconditionally and without reservation, the conditions as set forth in the appropriate comments.

1401.9 If the applicant fails to respond, in writing, to the objections or conditions within ninety (90) days of notification, the application shall be deemed abandoned.

1401.10 If the applicant requests, the Director shall extend the ninety-day (90) time period imposed pursuant to § 1401.8 for an additional sixty (60) days.

1401.11 The Director shall forward an application to the Council of the District of Columbia (hereinafter referred to as the "Council") when the condition(s) and the objection(s) of the District agencies shall be resolved by the applicant or when the condition(s) are accepted by the applicant, in writing, unconditionally and without reservation.

1401.12 The resolution of the conditions and the objections shall be as follows:

(a) In writing;

(b) Signed by the applicant; and

(c) Approved by the Director and the appropriate District agency.

1401.13 The Director, in his or her discretion, may forward an application to close a street or alley to the Council for a public hearing if the Director believes that the provisions of this section will be completed prior to the public hearing and if the failure of an expedited consideration by the Council shall cause undue hardship to the applicant or the District.

1401.14 Any comments on or conditions to the application that are received by the Director subsequent to the application being forwarded to the Council shall be transmitted to the Council in a timely fashion by the Director.

1401.15 The Director shall prepare a plat indicating the closing of the street or alley when all comments have been received (or the time limit specified in §1401.4 has elapsed and all objections resolved pursuant to this section); Except, that the Director shall prepare a plat prior to receiving all comments when the Director forwards the application to the Council pursuant to §1401.13.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 561 (February 10, 1984); as amended by Final Rulemaking published at 34 DCR 2695, 2596 (April 24, 1987).

24 DCMR § 1402 REFERRALS TO THE NATIONAL CAPITAL PLANNING COMMISSION, THE HISTORIC PRESERVATION REVIEW BOARD, AND THE AFFECTED ADVISORY NEIGHBORHOOD COMMISSION

1402.1 The Director shall refer, for appropriate comments, an application to close any street located on the L'Enfant Street Plan to the Historic Preservation Review Board established pursuant to §4 of the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, D.C. Code, 1981).

1402.2 Except as provided in §§1402.3, 1402.4 and 1402.5, the Director shall refer, for appropriate comments, all applications to close a street or alley to the National Capital Planning Commission (hereinafter referred to as "NCPC").

1402.3 The application shall not be referred to the NCPC when the application is to close an alley or any part thereof, is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property abutting the entire alley to be closed, and when any one of the following conditions is satisfied:

(a) The width of the alley to be closed is ten feet (10 ft.) or less; or

(b) Real property is to be dedicated to the District for any alley to serve a similar purpose as did the alley which is to be closed.

1402.4 The application shall not be referred to the NCPC when the application is to close an alley or any part thereof and satisfies the following conditions:

(a) The application is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of the owners of two-thirds (2/3) or more of the property in the square;

(b) The alley is located entirely within the two-thirds (2/3) of the square owned by the individuals who signed the statement pursuant to §1402.4(a); and

(c) The persons who signed the statement pursuant to §1402.4(a) propose to develop the entire area of the square which they own.

1402.5 The application shall not be referred to the NCPC when the District or the United States applies to close an alley or any part thereof where the District or the United States holds title to all of the property abutting the entire alley.

1402.6 The Director shall refer all applications, that were filed with the Office of the Surveyor on or after May 10, 1988, to the Advisory Neighborhood Commission in whose area the street or alley to be closed is located and provide the Council of the District of Columbia with a copy of any comments received from the affected Advisory Neighborhood Commission.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 563 (February 10, 1984); as amended by Final Rulemaking published at 36 DCR 5122, 5125 (July 21, 1989).

24 DCMR § 1403 PROCEDURE FOR FORWARDING APPLICATIONS TO THE COUNCIL

1403.1 Except as provided in this section, the Director shall forward, after payment of the appropriate fee, all applications to the Council for a public hearing pursuant to the Act.

1403.2 In addition to the application, the Director shall forward the following documents and materials to the Council:

(a) The plat prepared pursuant to §1401.15;

(b) The comment received pursuant to §§1401 and 1402;

(c) When applicable, any written statement or document submitted by the applicant pursuant to this chapter; and

(d) When appropriate, necessary legislation.

1403.3 The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley, or any part thereof and is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property in the square.

1403.4 The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley, or any part thereof is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property abutting the entire alley to be closed, and when any one of the following conditions is satisfied;

(a) The width of the alley to be closed is ten feet (10 ft.) or less;

(b) The alley is a deadend alley;

(c) The alley is an unimproved alley;

(d) Real property is to be dedicated to the Director for an alley to serve a similar purpose as did the alley which is to be closed; or

(e) An easement is to be granted to the District which will allow real property to be used as an alley that serves a similar purpose as did the alley which is to be closed.

1403.5 The application shall be forwarded to the Council for consideration without the requirement of a public hearing when the application is to close a deadend or unimproved street and is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of all of the owners of all of the property on both sides of the block or blocks of the street which abuts the block or blocks to be closed.

1403.6 The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley or any part thereof and when the application satisfies all of the following conditions:

(a) The application is accompanied by a written statement, in a format approved by the Director, which contains the signature of the owners of two-thirds (2/3) or more of the property, as measured in square footage, in the square;

(b) The alley is located entirely within the two-third (2/3) of the square owned by the individuals who signed the statement pursuant to §1403.6(a); and

(c) The persons who signed the statement pursuant to §1403.6(a) proposed to develop the entire area of the square which they own.

1403.7 The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the District or the United States applies to close an alley or any part thereof where the District or the United States holds title to all of the property abutting the entire alley.

1403.8 The applicant shall have the statement required pursuant to §§1403.2, 1403.3, 1403.4, and 1403.5 reviewed by the Department of Finance and Revenue. The Department of Finance and Revenue shall review the statement to ensure that the name of the owner of a particular lot conforms to the records of the Department of Finance and Revenue.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 564 (February 10, 1984).

24 DCMR § 1404 REQUIRED NOTICE BY THE APPLICANT PRIOR TO ACTION BY THE COUNCIL

1404.1 The applicant shall give written notice of the application to close a street or alley and shall post a notice indicating that an application to close a street or alley is under consideration by the Council in the manner and times specified in this section.

1404.2 Except as provided in §1404.3, the applicant shall, at least thirty (30) days, but no more than sixty (60) days, prior to the date of any public hearing conducted to consider the application to close the street or alley, do the following:

(a) Give or send a written notice of the date, time, and location of the public hearing to every owner of property abutting the entire alley, all or part of which is to be closed or abutting either side of the block or blocks of the street, all or part of which is to be closed; and

(b) Post a sign, which indicates the date, time, and location of the public hearing, at each end of the block or blocks or the street proposed to be closed or at each entrance from a street to any alley in the square.

1404.3 When §§1403.3, 1403.4, 1403.5 or 1403.6 is satisfied and where the Council has not conducted a public hearing on the proposed street or alley closing where notice pursuant to § 1404.2 has been given, the applicant shall, at least fifteen (15) days, but no more than six (6) months, prior to the final consideration by the Council of the proposed legislation to close the street or alley, do the following:

(a) Give or send a written notice of the intention of the Council to consider the proposed legislation to the close the street and alley to every owner of property abutting the alley, all or part of which is to be closed, or abutting either side of the block or blocks of the streets, all or part of which is to be closed; and

(b) Post a sign, which indicates the intention of the Council to consider legislation to close the street or alley at each end of the block or blocks of the street proposed to be closed or shall be posted at each entrance from a street to any alley in the square.

1404.4 The notice given pursuant to §§1404.2(a) and 1404.3(a) shall be in a matter approved by the Director.

1404.5 The signs posted pursuant to §§1404.2 and 1402.3 shall be supplied by the Director; Provided, that where the signs supplied by the Director are lost, misplaced, defaced, torn, stolen or otherwise not legible for public viewing the applicant shall obtain additional signs from the Director when the appropriate sign replacement fee is paid.

1404.6 The applicant shall inspect the signs at least once every five (5) days to ensure that the signs are posted for a minimum period of fifteen (15) days.

1404.7 The applicant shall submit a letter to the Council, with a copy to the Director, stating that the requirements of this section have been satisfied and the applicant shall furnish a photograph of the posted signs and proof of the mailing of the notice.

1404.8 The applicant shall remove the signs no later than five (5) days following the final consideration of the Council or the public hearings, whichever occurs first.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 565 (February 10, 1984).

24 DCMR § 1405 NOTICE FOLLOWING ACTION BY THE COUNCIL OF THE DISTRICT OF COLUMBIA

1405.1 Except where a written statement has been submitted pursuant to §§1403.3, 1403.4, 1403.5, and 1403.6, the Director shall give or send a written notice to every owner of property abutting the entire alley, all or part of which is to be closed or abutting both sides of the block or blocks of the street, all or part of which is to be closed that the Council has enacted and the Mayor has signed legislation ordering the closing of the street or alley.

1405.2 The notice given pursuant to §1405.1 shall indicate that any written objection by an interested person aggrieved by the closing shall be filed within thirty (30) days of the mailing of the notice and shall state how the person is aggrieved by the closing.

1405.3 An objection filed pursuant to this section shall be filed with the Department of Public Works, Office of the Surveyor, 614 H Street, N.W., Room 605, Washington, D.C. 20001.

1405.4 The Director shall forward all objections received pursuant to this section to the Mayor for action pursuant to §211 of the Act (D.C. Code §7-431 (1981)) when the Director has determined that the person filing the objection is an interested party aggrieved by the closing of the street or alley.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 567 (February 10, 1984).

24 DCMR § 1406 RECORDATION OF THE CLOSING OF A STREET OR ALLEY

1406.1 The Director shall record a copy of the law that closes the street or alley and shall record the plat prepared pursuant to this chapter when the following conditions are satisfied:

(a) The law ordering the closing of the street or alley has become effective;

(b) Where applicable, the applicant has complied with the conditions or contingencies required by the law ordering the closing of the street or alley;

(c) Where applicable, the conditions and procedures of §405 of this title and §§ 210 and 211 the Act (D.C. Code §§7-430 and 7-431 (1981)) have been completed and satisfied; and

(d) The applicable fees and deposits have been paid by the applicant.

1406.2 The provisions of §1406.1 shall not be effective for closings by the District of Columbia Department of Housing and Community Development or by the Pennsylvania Avenue Development Corporation until the Department of Public Works has reviewed and approved the final development plans which shall include the information required by §§1400.7 and 1400.8.

1406.3 Upon recordation of the plat, the alley or street, or part thereof, as shown on the plat, shall be considered closed and title to the land shall revert to or be vested in fee simple to the owners as shown on the plat.

1406.4 Upon recordation of the plat, the right by the public to use the street or alley, or part thereof, which has been closed shall cease unless a temporary continued use is required by the Director, as agreed to by the applicant and the Director.

1406.5 Upon the recordation of the plat, the real property encompassing any easement or dedication established or accepted by the law ordering the closing shall thereafter be available for the intended use.

1406.6 Upon recordation of the plat, the Director shall send a copy of the plat to the applicant and to the Director of the Department of Finance and Revenue.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 567 (February 10, 1984); as amended by Final Rulemaking published at 36 DCR 5122, 5124 (July 21, 1989).

24 DCMR § 1407 REQUIREMENT FOR REFILING OF AN APPLICATION

1407.1 If the Council has not acted on the application during the time period set forth in §1401.14 or if the Director has not forwarded the application to the Council during the time period set forth in §1401.14, the applicant may be required to file, pursuant to this chapter, a new application to close a street or alley.

1407.2 Except as provided pursuant to §1401.9, an applicant may be required to file, pursuant to this chapter, a new application to close a street or alley when the applicant has failed to respond to the notification of objections or conditions pursuant to § 1401.8 within ninety (90) days.

History

• SOURCE: Final Rulemaking published at 31 DCR 560, 568 (February 10, 1984).

24 DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Demolition - the total removal of the existing structure.

Discontinuance of an existing building - disallowance of further use of the building, and all services to the building are terminated without necessarily demolishing the building.

Property associated with the street and alley closing - property that is or will be included in a development or developments requiring the closing of the street or alley.

Retail tenant - a nonresidential tenant offering goods or nonprofessional services.

Substantial rehabilitation - the alteration of a building wherein existing tenants would be required to move.

History

• SOURCE: Final Rulemaking published at 34 DCR 2695, 2696a (April 24, 1987).

24-15 HEARING PROCEDURES FOR WASHINGTON HUMANE SOCIETY

24 DCMR § 1500 SCOPE AND PURPOSE

1500.1 The purpose of these rules is to establish a notice and hearing process for the owner of an animal seized pursuant to Section 4(b)(1) of An Act to prevent cruelty to children or animals in the District of Columbia, and for other purposes, approved June 25, 1892 (27 Stat. 61; D.C. Official Code § 22-1004(b)(1) (2001 ed.)), to contest the seizure, detention, and terms of release; the treatment of the animal; any allegation of cruelty, abandonment, or neglect; and the imposition of any lien and costs assessed for caring and providing for the animal.

Copies of these rules shall be available from WHS upon request.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374, 2376 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1500

24 DCMR § 1501 NOTICE OF ACTION OR INTENDED ACTION

NOTICE OF ACTION OR INTENDED ACTION

The President of WHS or his or her designee shall send written notice by certified mail, return receipt requested, to the owner of the animal, within three (3) days of WHS taking possession of the animal under D.C. Official Code § 22-1004(b)(1).

The President or his or her designee shall send the written notice to:

The owner’s residential address, if known;

The owner’s business address, if known and the owner’s residential address cannot be determined; or

The address where the seizure took place, if neither the last known residential address nor the last known business address can be determined.

The written notice shall include:

A statement setting forth the action WHS intends to take or has taken;

A brief description of the facts underlying the action or proposed action, including the time, place and issues involved;

The specific statute, regulation, rule, or policy supporting the action;

An explanation of the right to and method for requesting a hearing, including the name to whom a request for a hearing shall be directed, the proper means of contacting that individual, and the deadline for making the request;

An explanation of the right to be represented by legal counsel or by an individual who is not a lawyer, at the owner’s own expense, or to represent himself or herself. A representative shall not be a WHS employee or a District employee whose work assignment includes investigation or adjudicating the District’s animal cruelty or animal control laws or regulations;

An explanation of the right to present documents and witnesses in support of the appeal;

An explanation of the right to examine the case record; and

A statement that if the respondent is deaf or cannot readily understand or communicate the English language, he or she may apply to WHS for the appointment of a qualified interpreter.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1501

24 DCMR § 1502 REQUEST FOR HEARING

REQUEST FOR HEARING

The owner of the animal may request, in writing, a hearing to appeal one or more of the actions or intended actions described in § 1501.3(a). The request must be directed to the person specified by the President or his or her designee in its written notice pursuant to § 1501.3(d).

A request for a hearing must be received within twenty (20) days of the date of the seizure.

The owner of the animal shall include in the request for hearing his or her current home mailing address and phone number.

The owner of the animal may designate another individual to be his or her representative. The owner of the animal shall include in the request for hearing a signed letter designating that individual as his or her representative. The designated representative may sign the request for hearing on behalf of the owner of the animal.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1502

24 DCMR § 1503 DENIAL OR DISMISSAL OF REQUEST FOR HEARING

DENIAL OR DISMISSAL OR REQUEST FOR HEARING

The President or his or her designee may deny a request for a hearing if:

The sole issue raised by the respondent concerns the plain language of a District statute, regulation, or policy; or

The request is not filed within the time period set forth in § 1502.2.

1503.2 The President or his or her designee may dismiss a request for a hearing if:

(a) The respondent or his or her representative:

(1) Withdraws the request in writing;

(2) Dies; or

(3) Without good cause, does not appear at the hearing.

(b) The animal is humanely destroyed prior to the hearing pursuant to § 1510.2.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374, 2376 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1503

24 DCMR § 1504 REVIEW OF REQUEST FOR HEARING

REVIEW OF REQUEST FOR HEARING

The President or his or her designee may, at any time before or after the hearing, schedule a conference with the respondent and/or his or her representatives, either in person or by phone, to attempt to reach an agreement on conditions for the return of the animal to the owner. The conference shall not delay the scheduling and holding of the hearing.

The President or his or her designee shall grant a formal hearing to any owner or an animal seized under D.C. Official Code § 22-1004(b)(1) who complies with the provisions of § 1502, unless:

The President dismisses or denies the request for a hearing pursuant to § 1503;

The President and the respondent agree on conditions for the return of the animal to the owner prior to the formal hearing; or

The respondent withdraws the request for a formal hearing.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1504

24 DCMR § 1505 WRITTEN SUMMARY OF REASONS SUPPORTING SEIZURE AND CUSTODY

WRITTEN SUMMARY OF REASONS SUPPORTING SEIZURE AND CUSTODY

The WHS humane officer who seized the animal shall prepare a written summary explain the reasons why the humane officer seized the animal and why WHS continues to retain custody of the animal. An incident report qualifies as a written summary under this chapter provided that it complies with § 1502.2.

The written summary shall include:

The facts supporting the humane officer’s determination that seizure was necessary to protect the animal from neglect or cruelty, if the seizure was made pursuant to D.C. Official Code § 22-1004(b)(1);

The actions that the owner must take in order to regain custody of the animal; and

If the humane officer determines that WHS cannot return the animal to the owner without subjecting the animal to ongoing neglect or cruelty, the facts supporting a determination that WHS should retain permanent custody of the animal.

The humane officer may append to the written summary:

(a) Documentary evidence collected during the course of the investigation, including written notes taken by the humane officer or other WHS employees;

(b) Physical evidence collected during the course of the investigation;

(c) Written statements by other WHS employees or third-party witnesses; and

(d) Medical reports based on first-hand examinations of the animal.

The humane officer may seek assistance from other WHS employees in the preparation of the written summary.

The written summary, and any evidence appended to the summary, shall be completed at least three (3) days before the date of the scheduled hearing. The completed written summary, and any evidence appended to the summary, shall be made available to the respondent and his or her representative for examination and/or duplication. Any duplication costs shall be paid for by the respondent.

The failure to make available to the respondent and his or her representatives the written summary and any evidence appended to the summary is good cause for a continuance of the hearing pursuant to § 1507.4.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1505

24 DCMR § 1506 WRITTEN SUMMARY OF EXPENSES FOR CARE AND PROVISION OF ANIMAL

WRITTEN SUMMARY OF EXPENSES FOR CARE AND PROVISION OF ANIMAL

1506.1 The WHS humane office who seized the animal shall prepare a written summary of the expenses undertaken by WHS for the care and provision of the animal during the custodial period, if WHS intends to collect expenses from the owner as authorized pursuant to D.C. Official Code § 22-1004.

1506.2 The written summary of expenses shall include:

The expenses for feeding of the animal during the custodial period;

The expenses for lodging of the animal during the custodial period;

The expenses for medical care of the animal during the custodial period, along with the medical records justifying the expenses;

Incidental expenses for the care and provision of the animal during the custodial period; and

The projected expenses from the date on which the written expense summary if filed to the date on which WHS expects to relinquish custody of the animal.

1506.3 The humane officer may seek assistance from other WHS employees in the preparation of the written summary of expenses.

1506.4 The written summary of expenses shall be completed at least three (3) days before the date of the scheduled hearing. The completed written expenses summary shall be made available to the respondent and his or her representative for examination and/or duplication. Any duplication costs shall be paid for by the respondent.

1506.5 The failure to make available to the respondent and his or her representatives the written summary of expenses is good cause for continuing the hearing under § 1507.4.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1506

24 DCMR § 1507 PRE-HEARING PROCEDURES

PRE-HEARING PROCEDURES

The President or his or her designee shall notify the respondent, both in writing and, if possible, by phone, of the date, time, and place of the hearing. The notice shall be provided at least three (3) days in advance of the hearing.

The hearing shall be held within ten (10) days of the date of the hearing request, unless the time is extended for good cause.

The notice of hearing shall:

Include a summary of or a copy of the rules governing the hearing process;

Advise the respondent:

Of his or her right to be represented by a lawyer or other person at the hearing, at the respondent’s own expense;

Of the right to present documents and witnesses, including WHS employees, in support of the appeal;

Of the right to examine and duplicate, at respondent’s expense, the written summary, and any evidence appended to the summary, described in § 1505 at least three (3) days prior to the date of the hearing;

Of the right to examine and duplicate, at respondent’s expense, the written summary of expenses described in § 1506 at least three (3) days prior to the date of the hearing;

Of the right to examine any part of the case record, except for information that the President or his or her designee classifies as confidential, at least three (3) days prior to the hearing;

That if the respondent or a witness is deaf or cannot readily understand or communicate the spoken English language, the respondent may apply to WHS for the appointment of a qualified interpreter and such services will be provided;

Of the name and telephone number of the person to call if the respondent cannot attend the hearing; and

The failure to attend the hearing without good cause may result in dismissal of the appeal.

The respondent may request a change of the date, time, or place of the hearing. If the President or his or her designee finds that good cause for a change exists, he or she shall set another date, time, or place for the hearing. The time limit established by § 1502.2 shall be extended by the period of delay.

The respondent may request, in writing, assistance to secure the attendance at the hearing of any WHS employee. The request shall state the reasons why the employee’s attendance is required. If the President or his or her designee decides that the employee’s attendance is necessary for the fair determination of the issues on appeal, the President or his or her designee shall require the employee, if still employed by WHS, to be present at the hearing.

The President or his or her designee may require the presence at the hearing of any WHS employee.

The respondent may examine and/or duplicate the written summary, and any evidence appended to that summary, described in § 1505 at least three (3) days prior to the hearing.

The respondent may examine and/or duplicate the written summary of expenses described in § 1506 at least three (3) days prior to the hearing.

The respondent may examine any part of the case record, except for information that the President or her designee classifies as confidential, at least three (3) days prior to the hearing.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1507

24 DCMR § 1508 HEARING PROCEDURES

HEARING PROCEDURES

1508.1 The hearing shall be presided over by the President or his or her designee. The designee may not have been involved in the initial seizure of the animal or in the preparation of the summaries described in § 1505 and § 1506.

1508.2 The President or his or her designee shall receive written and oral documentary evidence but shall exclude irrelevant, immaterial, and unduly repetitious evidence.

1508.3 The WHS shall present its evidence at the hearing either with the assistance of counsel or through the WHS humane officer who seized the animal and prepared the summaries described in § 1505 and § 1506. The President or his or her designee and the respondent may examine the humane officer. The summaries described in § 1505 and § 1506 shall be submitted into evidence.

1508.4 The President or his or her designee may:

Examine witnesses introduced on behalf of WHS;

Examine witnesses introduced by the respondent;

Examine any documentary evidence introduced by the respondent; and

Request that the humane officer testify again after the respondent presents his or her case.

1508.5 Either WHS or the respondent may:

Call and examine witnesses;

Introduce documentary evidence;

Examine any documentary evidence introduced by the humane officer;

Cross-examine witnesses presented by the WHS on any matter relevant to the issues under review even if that matter was not covered in the direct examination; and

Submit rebuttal evidence.

1508.6 Each hearing shall be recorded. The hearing need not be transcribed unless a copy of such record is timely requested by the respondent, who shall bear the costs.

1508.7 The recording, exhibits, all papers, requests, and other documents filed in the proceedings, the decisions, and the findings and conclusions constitute the exclusive record of the hearing. The record shall be available to the respondent for a period of two years or until any litigation relating to the decision has ended, whichever is later.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1508

24 DCMR § 1509 FINAL DECISION OF WHS PRESIDENT

1509.1 The President or his or designee shall prepare a final written decision within five (5) days after the hearing, which shall be mailed to the respondent within three (3) days after the decision. The President or her designee may also call the respondent to inform him or her of the decision.

1509.2 The decision shall:

Be based solely upon the record;

Make final determinations whether:

The animal was subject to neglect or cruelty at the time of the seizure;

The animal would be subject to ongoing neglect or cruelty if the owner of the animal regained custody and if so, whether there are any conditions that the owner can satisfy to protect the animal from ongoing neglect or cruelty; and

The expenses undertaken by WHS during the custodial period were reasonably necessary to maintain the health of the animal, if WHS intends to collect expenses from the owner as authorized pursuant to D.C. Official Code § 22-1004.

Be supported by, and in accordance with, reliable, probative, and substantial evidence; and

Inform the respondent of his or her right to appeal the decision pursuant to § 1513.

1509.3 Consistent with confidentiality requirements, WHS shall prepare periodic compilations of fair hearing decisions and shall make them accessible to the public. The compilations shall not include any identifying information about the owner of the animal.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1509

24 DCMR § 1510 AUTHORITY OF WHS UNDER D.C. OFFICIAL CODE § 22-1004(B)(2)

AUTHORITY OF WHS UNDER D.C. OFFICIAL § 22-1004(B)(2)

1510.1 Except as provided in § 1510.2, WHS may not take any action authorized by D.C. Official Code § 22-1004(b)(2):

During the period in which the owner maintains a right to request a hearing pursuant to § 1502;

During the period after the owner has requested a hearing pursuant to § 1502 and before the President or his or her designee has issued a final decision pursuant to § 1509;

During the period in which the owner maintains a right to request an appeal pursuant to § 1513;

During the period after which the owner has requested an appeal pursuant to § 1512 and before the District of Columbia Superior Court has issued a decision; and

During the periods described in § 1511.3; and

During the period described in § 1514.

1510.2 Notwithstanding § 1510.1, WHS may humanely destroy the animal at any time pursuant to a written determination by a veterinarian that destroying the animal is the only humane way to relieve the animal’s suffering.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1510

24 DCMR § 1511 RETURN OF ANIMAL ON CONDITION OF PROTECTIVE ACTION

RETURN OF ANIMAL ON CONDITION OF PROTECTIVE ACTION

1511.1 The President or his or her designee may condition the return of an animal on the owner’s agreement to undertake specified actions to protect the animal against ongoing neglect and cruelty.

1511.2 The President or his or her designee may reach agreement with the owner on the conditions for return outside of the formal hearing process or may impose conditions for return in its final decision pursuant to § 1509.

1511.3 WHS may enforce the conditions of return by:

Requiring that the owner comply with the conditions after the return of the animal. The President or his or her designee may specify a time period, lasting no fewer than fifteen (15) and no more than thirty (30) days, during which the owner must demonstrate compliance with the conditions of the return; or

Requiring that the owner comply with the conditions prior to the return of the animal. The President or his or her designee may specify a time period, lasting no fewer than fifteen (15) and no more than thirty (30) days, during which the owner must demonstrate compliance with the conditions of return.

1511.4 If the owner has failed to comply with the requirements of release, the President or his or her designee may make a written determination that the owner has failed to comply with the conditions of the animal’s release pursuant to § 1511.3, which shall be mailed or delivered to the owner within three (3) days. Such a determination authorizes WHS to retake or maintain custody of the animal pursuant to D.C. Official Code § 22-1004(b)(1).

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1511

24 DCMR § 1512 RETURN OF ANIMAL ON CONDITION OF PAYMENT

RETURN OF ANIMAL ON CONDITION OF PAYMENT

1512.1 WHS may require the owner to pay the reasonable expenses incurred by WHS during the custodial period. The reasonableness of the expenses shall be determined by the President or his or her designee, as set forth in § 1509.2(b)(3).

1512.2 WHS may retain custody of the animal until the owner reimburses WHS for such expenses.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1512

24 DCMR § 1513 APPEAL

1513.1 An owner may seek judicial review before the District of Columbia Superior Court within five (5) days of:

The President or his or her designee mailing notice of a final decision under § 1509.1; or

The President or his or her designee mailing or delivering notice that the owner has failed to comply with the conditions of release pursuant to § 1511.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1513

24 DCMR § 1514 PENDING CRIMINAL INVESTIGATION OR ACTION

1514.1 The hearing process described in this chapter shall be stayed during the pendency of any criminal investigation or action arising out of the treatment of an animal seized by WHS. The President or his or her designee shall send written notice by certified mail informing the owner that WHS will maintain possession of the animal during the pendency of the criminal investigation or action.

1514.2 At the conclusion of the criminal investigation or action, the President or his or designee may initiate the hearing process described in this chapter by sending notice to the owner of the animal under § 1501.

1514.3 If the President or his or her designee chooses not to initiate the hearing process under § 1514.2, the President or his or her designee shall send written notice to the owner of the animal setting forth the action WHS intends to take or has taken with the animal.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1514

24 DCMR § 1515 DEFINTIONS

1515.1 For purposes of this chapter, the following terms and phrases shall have the meanings ascribed:

“Animal” – the animal or animals seized by a WHS humane officer pursuant to D.C. Official Code § 22-1004.

“Custodial Period” – the period during which WHS maintains custody of the animal after the WHS humane officer seizes the animal pursuant to D.C. Official Code § 22-1004.

“Designee” – any WHS employee designated by the President of WHS to act on behalf of the President under any sub-chapter authorizing or requiring the President to act.

“Owner” – the record owner of the animal or animals seized by a WHS humane officer pursuant to D.C. Official Code § 22-1004.

“President” – the President of WHS

“Representative” – the individual(s) designated by the respondent to represent the respondent during the hearing process prescribed in this chapter.

“Respondent” – the owner of the animal who requests a hearing under § 1502.

“Washington Humane Society or WHS” – the entity authorized by law to protect animals from neglect or cruelty.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1515

24-16 VALET PARKING

24 DCMR § 1600 GENERAL PROVISIONS

1600.1 No person shall conduct, operate, maintain, or provide Valet Parking services utilizing public space within the District of Columbia without a permit from the Department. A person providing Valet Parking services for a non-recurring, one-time event at a private residence shall be exempt from the provisions of this chapter. A person providing Valet Parking services from the section of a circular driveway between the property line and the closest edge of the sidewalk shall be exempt from the provisions of this chapter.

1600.2 A person that has been issued a Certificate of Occupancy and that provides Valet Parking services in public space on an ongoing basis shall obtain either a Standard Valet Parking permit or an Event Venue Valet Parking permit.

1600.3 A Standard Valet Parking permit authorizes a Permittee to utilize a Valet Staging Zone on an on-going basis for Valet Parking services. An Event Venue Valet Parking Permit authorizes a Permittee to utilize a Valet Staging Zone for occasional use for Valet Parking services.

1600.4 A Permittee shall use a DCRA-licensed Valet Parking Operator to provide Valet Parking services, if such a license is required.

1600.5 Upon approval by the Director, full payment of the public space rental fees, and the application review fee specified in this chapter, the Department shall issue a Valet Parking permit for the rental of public space for Valet Parking services.

1600.6 Each Permittee shall hold harmless and indemnify the District, and its officers, agents, and employees from all suits, claims, charges, and judgments to which the District, its officers, agents, and employees may be subject on account of the issuance of a Valet Parking permit, the operation of Valet Parking services, or injury to any person or damage to any property, including the property of the District of Columbia arising in connection with the Permittee’s Valet Parking Operator’s actions or operations.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5020 (June 28, 2009); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024, 8027 (September 3, 2010).

24 DCMR § 1601 STANDARD VALET PARKING PERMIT FEES

1601.1 The application fee for an annual Standard Valet Parking permit is Fifty Dollars ($50) per location, payable at the time the Valet Parking permit application is presented to the Department.

1601.2 The annual renewal application fee for a Standard Valet Parking permit is Fifty Dollars ($50) per Applicant per location.

1601.3 The annual public space occupancy fee to rent curbside space for Valet Parking services shall be Fifty Cents (50¢) per hour per twenty linear feet (20 linear-ft.) of street along the curb.

1601.4 The Permittee also shall be responsible for any direct costs or loss of revenue incurred by the Department, including costs for creating and installing signs and new sign posts for a Valet Staging Zone and loss of parking meter fee revenue, as a result of the creation or operation of the Valet Staging Zone.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5021 (June 28, 2009).

24 DCMR § 1602 STANDARD VALET PARKING PERMIT APPLICATION PROCEDURE

1602.1 An Applicant shall submit an application to the Department to rent public space for a Standard Valet Staging Zone in the District of Columbia to offer Valet Parking services at the same location on an on-going basis. The application form shall be furnished by the Department.

1602.2 Each completed Standard Valet Parking permit application shall be accompanied by a Valet Parking Plan that shall include, but not be limited to, the following information:

(a) The name, mailing address, email address and telephone number of the Applicant(s);

(b) A copy of the Applicant’s business license(s) issued by the DCRA, if the Applicant is required to have a business license;

(c) A copy of the Applicant’s Certificate of Occupancy issued by DCRA for the facility used by the Applicant for the business for which the Valet Parking service will be provided, if the Applicant is required to have one;

(d) The name, mailing address, email address, and telephone number of the Valet Parking Operator;

(e) A copy of the Valet Parking license issued by DCRA or other District agency, if the Applicant is required to have such a license;

(f) A copy of the Valet Parking Operator’s liability insurance certificate;

(g) One (1) original and five (5) copies each of three (3) eight inch by ten inch (8 in. x 10 in.) glossy photographs of the public space, including the curb space and road way, of the proposed Valet Staging Zone. The photographs shall show the following views of the proposed Valet Staging Zone:

(1) Frontal view;

(2) Sharp angle right side view; and

(3) Sharp angle left side view;

(h) Six (6) copies of a traffic flow plan, including a map, that provides all proposed routes from the Valet Staging area to the off-street parking facility location(s) where the motor vehicles will be parked;

(i) The name, address, and telephone number of the off-street parking facility where motor vehicles will be parked during Valet Parking hours;

(j) Verification of access to off-street parking spaces in the off-street parking facility described in subsection (i); and

(k) Verification that adjacent property owners, i.e. property owners to the immediate left, right, under, and on top of the property, have been provided thirty (30) days advance notice of the Valet Parking application and Valet Parking Plan.

1602.3 The Applicant shall post a notice of its intent to obtain a Valet Parking permit in a conspicuous site at the street frontage near the proposed Valet Staging Zone and on the entrance to the building for thirty (30) days. The Applicant shall make the Standard Valet Parking application and Valet Parking Plan available for public viewing during the thirty (30) day notice period.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5021 (June 28, 2009).

24 DCMR § 1603 STANDARD VALET PARKING PERMIT APPLICATION REVIEW

1603.1 The Public Space Committee is responsible for reviewing Standard Valet Parking permit applications.

1603.2 The Public Space Committee shall consider the following factors in its review of Standard Valet Parking permit applications:

Whether the Valet Parking operation will disrupt vehicular or pedestrian traffic;

Whether the Valet Parking operation will pose a threat to public safety or welfare;

(c) The existence of any legally binding conditions on or requirements of the Applicant’s Valet Parking operations approved or imposed by public entities such as but not limited to: the Board of Zoning Adjustment; the Alcoholic Beverage Control Board; or other legally binding valet parking agreements;

(d) The size and characteristics of the public space required for the Valet Staging Zone;

(e) The anticipated traffic conditions at the time of Valet Parking operations; and

(f) In the case of permit renewals, previous violations of the Standard Valet Parking permit conditions, or any provision of this chapter, or any other law or regulation.

1603.3 If the Standard Valet Parking application is approved by the Public Space Committee, the Applicant shall be informed in writing.

1603.4 If the Standard Valet Parking application is denied, the Applicant shall be informed of the reason for the denial in writing.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5023 (June 28, 2009).

24 DCMR § 1604 STANDARD VALET PARKING STAGING ZONE

1604.1 The location of the Valet Staging Zone as well as the size, hours of operation, and dimensions associated with the Valet Staging Zone shall be included in the Valet Parking permit.

1604.2 The Department shall post signs indicating the location and hours of operation of each Valet Staging Zone for which a permit has been granted.

1604.3 Valet Parking services shall be offered only in the location and during the hours specified by the Department.

1604.4 No parking shall be allowed in the Valet Staging Zone during the posted hours of operations.

1604.5 The Valet Staging Zone shall be used by the Permittee only for the immediate drop-off and pick-up of motor vehicles during the hours specified in the Valet Parking permit issued by the Department.

1604.6 Only motor vehicles being utilized as described in § 1604.5 shall occupy space in a Valet Staging Zone during the posted hours provided that the operator of a motor vehicle may stop momentarily in a Valet Staging Zone to discharge or pick-up passengers.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5023 (June 28, 2009).

24 DCMR § 1605 STANDARD VALET PARKING OPERATIONS

1605.1 The Permittee shall prominently display the Standard Valet Parking permit at all approved times when Valet Parking services are offered by the Permittee.

1605.2 Notwithstanding 24 DCMR § 108, the Permittee may utilize either a valet stand or a freestanding valet sign, but in no case shall the Permittee utilize both a valet stand and a freestanding valet sign.

1605.3 A valet stand located in the public space shall:

Not occupy more than three feet by three feet (3 ft. x 3 ft.) nor at any time reduce the pedestrian walkway to a clear unobstructed width of less than eight feet (8 ft.) in the Central Business District and six feet (6 ft.) in all other areas of the District;

Not be permanently affixed to the public space in any manner;

Be easily moveable by one person;

Not be placed in public space except during the hours approved for valet parking operations;

Indicate any fees for Valet Parking;

Include an approved sign attached to the stand not larger than three feet high by three feet wide (3 ft. x 3 ft.) with an area no smaller than 12 inches by 18 inches (12 in. x 18 in.) indicating the name of the Permittee, name of the Valet Parking Operator, the Standard Valet Parking Permit number, and the fee, if any, for Valet Parking;

Be secured and locked when left unattended;

Identify the Permittee and the permit number;

Be readily visible at the point where motor vehicles are accepted for Valet Parking; and

Comply with all applicable laws and regulations.

1605.4 A freestanding valet sign located in public space shall:

Not occupy more than three feet by three feet (3 ft. x 3 ft.) nor at any time reduce the pedestrian walkway to a clear unobstructed width of less than eight feet (8 ft.) in the Central Business District and six feet (6 ft.) in all other areas of the District;

Not be permanently affixed to the public space in any manner;

Be easily moveable by one person;

Not be placed in public space except during the hours approved for valet parking operations;

Indicate any fees for Valet Parking;

Be readily visible at the point where motor vehicles are accepted for Valet Parking; and

Comply with all applicable laws and regulations.

1605.5 Valet Parking services shall be offered only during the hours specified in the Valet Parking permit.

1605.6 Valet Parking Operators shall comply with all applicable traffic laws and parking regulations when providing Valet Parking services.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5024 (June 28, 2009).

24 DCMR § 1606 STANDARD VALET PARKING DUTIES

1606.1 A Permittee who is issued a Standard Valet Parking permit for Valet Parking services shall not park motor vehicles anywhere in the public space, including, but not limited to, on-street parking, on alleys, metered parking spaces, and areas designated as Residential Permit Parking zones.

1606.2 The Permittee shall apply to the Department for any of the following changes to an approved Standard Valet Parking permit. These changes may be approved by the Department without review by the Public Space Committee. These proposed changes may take effect once the Permittee has filed an application with the Department for these changes. Within two (2) weeks of filing an application for any of the following changes, the Department shall issue a revised Standard Valet Parking permit or shall notify the Applicant in writing that the application is denied, specifically listing the reasons for denial. If denied, the Permittee may appeal the decision of the Department to the Public Space Committee. If an appeal is not filed within fifteen (15) days of the receipt of the notice of denial, the Applicant must revert to operations under the prior approved Standard Valet Parking permit.

A proposed reduction in the size of the Valet Staging Zone or hours of operation for Valet Parking;

A change in the name, address, or telephone number of the Permittee;

A proposed change to the Permittee’s business license as issued by DCRA;

A change in the name, address, or telephone number of the Valet Parking Operator;

A proposed change to the Valet Parking Operator’s liability insurance certificate;

A proposed change in the Valet Parking Operator;

A change in the name, or telephone number the off-street parking facility; or

A proposed change in the location of the off-street parking facility (requires submission of a new traffic flow plan as outlined in § 1602.2(h) of this chapter).

1606.3 The Permittee shall inform the Department in writing of any of the following changes to the approved Standard Valet Parking permit. These proposed changes must be approved by the Public Space Committee. The Department will prepare the revised Valet Parking permit to reflect any changes approved by the Public Space Committee.

(a) A proposed expansion of or change in the location of the Valet Staging Zone;

(b) A proposed increase in the hours of operation; or

(c) A proposed change in the location of the Permittee’s business.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5025 (June 28, 2009).

24 DCMR § 1607 EVENT VENUE VALET PARKING PERMIT FEES

1607.1 The application fee for an annual Event Venue Valet Parking permit is Fifty Dollars ($50) per Applicant payable at the time the application is presented to the Department for processing.

The annual renewal application fee for an Event Venue Valet Parking permit is Fifty Dollars ($50) per Applicant.

1607.3 The public space occupancy fee to rent curbside space for Valet Parking services is fifty cents (50¢) per hour per twenty (20) linear feet of street along the curb.

1607.4 The Permittee also shall be responsible for any direct costs or loss of revenue incurred by the Department, including costs for creating Emergency No Parking signs for a Valet Staging Zone and loss of parking meter fee revenue, as a result of the creation or operation of the Valet Staging Zone.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5027 (June 28, 2009); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024, 8027 (September 3, 2010).

24 DCMR § 1608 EVENT VENUE VALET PARKING APPLICATION PROCEDURE

1608.1 An Applicant shall submit an application to the Department to rent public space for an Event Venue Valet Parking permit to offer Valet Parking services at the same location on an occasional basis. The application form shall be furnished by the Department.

1608.2 Each completed Event Venue Valet Parking permit application shall include, but not be limited to, the following information:

(a) The name, mailing address, email address and telephone number of the Applicant(s);

(b) A copy of the Applicant’s business license(s) issued by the DCRA, if the Applicant is required to have a business license;

(c) A copy of the Applicant’s Certificate of Occupancy issued by DCRA for the facility used by the Applicant for the business for which the Valet Parking service will be provided, if the Applicant is required to have one; and

(d) Six (6) eight inch by ten inch (8 in. x 10 in.) glossy photographs of the public space, including the curb space and road way, of the proposed Valet Staging Zone(s). The photographs shall show the following views of the proposed Valet Staging Zone:

(1) Frontal view;

(2) Sharp angle right side view; and

(3) Sharp angle left side view.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5027 (June 28, 2009).

24 DCMR § 1609 EVENT VENUE VALET PARKING APPLICATION REVIEW

1609.1 The Public Space Committee is responsible for reviewing Event Venue Valet Parking applications.

1609.2 The Public Space Committee shall consider the following factors in its review of Event Venue Valet Parking applications:

Whether the Valet Parking operation will disrupt vehicular or pedestrian traffic;

Whether the Valet Parking operation will pose a threat to public safety or welfare;

(c) The existence of any legally binding conditions on or requirements of the applicant’s valet parking operations approved or imposed by public entities such as but not limited to: the Board of Zoning Adjustment; the Alcoholic Beverage Control Board; or other legally binding valet parking agreements;

(d) The size and characteristics of the public space required for the Valet Parking operations; and

(e) In the case of permit renewals, previous violations of the Event Venue Valet Parking permit conditions, or any provision of this chapter, or any other law or regulation.

1609.3 If the Event Venue Valet Parking application is approved by the Public Space Committee, the Applicant shall be informed in writing.

1609.4 If the Event Venue Valet Parking application is denied, the Applicant shall be informed of the reason for the denial in writing.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5028 (June 28, 2009).

24 DCMR § 1610 EVENT VENUE VALET PARKING STAGING ZONES

1610.1 The location(s) and dimensions of all Valet Staging Zone(s) shall be determined by the Department.

1610.2 The Department shall issue Emergency No Parking signs to be posted by the Permittee at least seventy-two (72) hours in advance of the day that Valet Parking services shall be provided to indicate the Valet Staging Zone for Event Venue Valet Parking.

1610.3 The Valet Staging Zone shall be used by the Permittee only during the hours and days posted on the signs issued in accordance with section 1610.2 of this chapter.

1610.4 Only motor vehicles engaged in Valet Parking shall occupy space in a Valet Staging Zone provided that the operator of a motor vehicle may stop momentarily in a Valet Staging Zone to discharge or pick-up passengers.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5028 (June 28, 2009).

24 DCMR § 1611 EVENT VENUE VALET PARKING OPERATIONS

1611.1 Upon confirmation of an event, but in no case later than three (3) days prior to the event the Event Venue Valet Parking Permittee shall:

(a) Notify the Department of the event and specify the approved location(s) in public space that will be used to conduct Valet Parking operations;

(b) Provide the name, mailing address, email address, and telephone number of the Valet Parking Operator;

(c) Provide the Valet Parking Operator’s business license number and Valet Parking Operator licensed issued by the District;

(c) Remit to the Department the fees set forth in § 1607 of this chapter;

(d) Obtain the appropriate number of Emergency No Parking signs from the Department; and

(e) Post Department-issued Emergency No Parking signs at least seventy-two (72) hours prior to the confirmed event.

1611.2 The Permittee shall prominently display the Event Venue Valet Parking permit at all approved times when Valet Parking services are offered by the Permittee.

1611.3 Notwithstanding 24 DCMR § 108, an Event Venue Valet Parking Permittee may utilize either a valet stand or a freestanding valet sign, but in no case shall the Permittee utilize both a valet stand and a freestanding valet sign.

1611.4 A valet stand located in the public space shall:

Not occupy more than three feet by three feet (3 ft. x 3 ft.) nor at any time reduce the pedestrian walkway to a clear unobstructed width of less than eight feet (8 ft.) in the Central Business District and six feet (6 ft.) in all other areas of the District;

Not be permanently affixed to the public space in any manner;

Be easily moveable by one person;

Not be placed in public space except during the hours approved for valet parking operations;

Indicate any fees for Valet Parking;

Include an approved sign attached to the stand not larger than three feet high by three feet wide (3 ft. x 3 ft.) with an area no smaller than 12 inches by 18 inches (12 in. x 18 in.) indicating the name of the Permittee, name of the Valet Parking Operator, the Event Venue Valet Parking permit number, and the fee for Valet Parking;

Be secured and locked when left unattended;

Identify the Permittee and the permit number;

Be readily visible at the point where motor vehicles are accepted for Valet Parking; and

Comply with all applicable laws and regulations.

1611.5 A freestanding valet sign located in public space shall:

Not occupy more than three feet by three feet (3 ft. x 3 ft.) nor at any time reduce the pedestrian walkway to a clear unobstructed width of less than eight feet (8 ft.) in the Central Business District and six feet (6 ft.) in all other areas of the District;

Not be permanently affixed to the public space in any manner;

Be easily moveable by one person;

Not be placed in public space except during the hours approved for valet parking operations;

Indicate any fees for Valet Parking;

Be readily visible at the point where motor vehicles are accepted for Valet Parking; and

Comply with all applicable laws and regulations.

1611.6 Valet Parking services shall be offered only during the hours specified in the Emergency No Parking sign(s) issued by the Department.

1611.7 Valet Parking Operator shall comply with all applicable traffic laws and parking regulations when providing Event Venue Valet Parking services.

1611.8 The Permittee shall remove the Emergency No Parking sign(s) no later than the expiration time of the last day stated on the Emergency No Parking signs issued in accordance with section 1610.2 of this chapter.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5029 (June 28, 2009).

24 DCMR § 1612 EVENT VENUE VALET PARKING DUTIES

1612.1 Written notice of each event shall be made to the Department by the Permittee at least three (3) business days prior to the event for which Valet Parking services in the Valet Staging Zone will be provided. The method for providing notification will be established by the Department.

1612.2 The Department shall issue Emergency No Parking signs after a showing by the Applicant that:

The Event Venue possesses sufficient liability insurance;

The Event Venue agrees to comply with all applicable laws and regulations; and

The Event Venue has satisfied all financial obligations under § 1607 of this chapter.

1612.3 The Permittee shall apply to the Department for any of the following changes to an approved Event Venue Valet Parking permit. These changes may be approved by the Department without review by the Public Space Committee. These proposed changes may take effect once the Permittee has filed an application with the Department for these changes. Within two (2) weeks of filing an application for any of the following changes, the Department shall issue a revised Event Venue Valet Parking permit.

(a) A proposed reduction in the size of any approved Valet Staging Zone;

(b) A change in the name, address, or telephone number of the Permittee; or

(c) A proposed change to the Permittee’s business license as issued by DCRA.

1612.4 The Permittee shall inform the Department in writing of any of the following changes to the approved Event Venue Valet Parking permit. These changes must be approved by the Public Space Committee. The Department shall prepare a revised Event Venue Valet Parking permit to reflect any changes approved by the Public Space Committee.

(a) A proposed expansion of or change in the location of any Valet Staging Zone; or

(b) A proposed change in the location of the Permittee’s business.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5031 (June 28, 2009).

24 DCMR § 1613 SUSPENSION AND REVOCATION

1613.1 [REPEALED]

1613.2 Upon providing fifteen (15) days written notice to the Permittee, the Department may suspend or revoke a Valet Parking permit for any of the following reasons:

The Valet Parking operation adversely impacts vehicular or pedestrian traffic;

The Permittee violates a provision of this chapter or any condition or requirement of the Valet Parking permit;

The Valet Parking Operator violates a provision of this chapter or the Valet Parking permit;

(d) The Permittee fails to submit timely payment of the applicable public space rental fees;

(e) The Permittee fails to inform the Department of any changes as required by section 1606.3 or 1612.4 of this chapter; or

(f) The peace, order, or quiet in the immediate environs of a Valet Parking zone is negatively impacted.

1613.3 The Department may immediately suspend or revoke a Valet Parking permit if the Valet Parking operations pose a threat to public safety or welfare. The Department must provide notice in writing to the Permittee specifying the reasons for the immediate suspension or revocation no more than fifteen (15) days after the suspension or revocation.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5032 (June 28, 2009); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024, 8027 (September 3, 2010).

24 DCMR § 1699 DEFINITIONS

1699.1 When used in this chapter, the following terms shall have the meaning ascribed below:

Applicant – a person who applies for a permit to offer valet parking services. Two or more persons applying jointly for a valet parking permit may be treated as a single applicant.

DCRA – the Department of Consumer and Regulatory Affairs.

Department – the District Department of Transportation.

Event – an occasional gathering such as a party, festival, reception, or other such activity that people attend for a common purpose.

Event Venue – a person holding a certificate of occupancy that owns or operates an establishment providing the location for occasional parties, festivals, receptions, or other such event at which persons gather for such activities.

Immediate –a period of time not to exceed ten minutes and shall represent the maximum time a vehicle is allowed to remain within a Valet Staging Zone.

Motor Vehicle – any vehicle propelled by internal-combustion engine, electricity, or steam, including any non-operational vehicle that is being restored or repaired. The term "motor vehicle" shall not include road rollers, farm tractors, vehicles propelled only upon stationary rails or tracks, electric personal assistive mobility devices, and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding ten miles per hour (10 miles/hr).

Permittee – a person who is issued a Valet Parking permit by the Department.

Person – a natural person or a corporation, company, firm, agency, association, partnership, organization, individually-owned business, or commercial entity.

Occasional or Occasional Use – less than four (4) times per week.

On-going basis – four (4) or more times per week.

Standard Valet Parking - valet parking provided on an on-going basis, as a service to customers of an establishment with a DCRA-issued Certificate of Occupancy.

Unauthorized Staging – the picking up or dropping off of motor vehicles outside of the approved valet staging zone.

Valet Parking – the act of removing a motor vehicle from the public right-of-way for the benefit of the motor vehicle’s operator, regardless of whether a fee is charged for the act. Attendant parking at an off-street parking facility shall not constitute valet parking. A person providing Valet Parking services for a non-recurring, one-time event at a private residence shall be exempt from the provisions of this chapter.

Valet Parking Operator – a person, who through its agents, authorized designees, employees, or representatives, provides the service of valet parking.

Valet Parking Plan – a plan submitted by an applicant that details the location of the valet parking service, the location where motor vehicles will be parked during valet parking hours, and the hours of operation for valet parking.

Valet Sign – a sign, no larger than three feet by three feet (3 ft. x3 ft.) and no taller that four feet (4 ft.), which is not permanently affixed to the public space that indicates the name of the Permittee, Valet Parking Operator, permit number, and any fees to be charged customers for valet parking services.

Valet Staging Zone – the public space adjacent to a curb reserved for valet parking.

Valet Stand – a cabinet or stand with or without an umbrella affixed thereto with a placard affixed in front and a customer key repository and valet ticket compartment that is not permanently affixed to the public space, which indicates the name of the Permittee, Valet Parking Operator, permit number and any fees to be charged to customers for valet parking services.

History

• SOURCE: Final Rulemaking published at 56 DCR 5019, 5033 (June 28, 2009).

24-17 WINTER SIDEWALK SAFETY

24 DCMR § 1700 WINTER SIDEWALK SAFETY: GENERAL PROVISIONS

1700.1 Each owner of a commercial or residential building or property in the District shall remove snow and ice from any paved sidewalks, curb cuts, and curb ramps abutting the building or property within eight (8) hours of daylight after the snow or other precipitation has ceased falling, regardless of the source of the accumulation.

1700.2 The owner may delegate this responsibility to a tenant, occupant, lessee, or other individual (referred to in this chapter as a “delegee”) by written agreement.

History

• SOURCE: Final Rulemaking published at 62 DCR 15134 (November 20, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1700

24 DCMR § 1701 DUTIES OF OWNER OR DELEGEE

1701.1 In carrying out his or her obligation under Section 1700, the owner or delegee shall:

(a) Clear the entire width of the sidewalk or to a width of thirty-six inches (36ʺ), whichever is less. If only a width of thirty-six inches (36ʺ) is required to be cleared under this paragraph, the owner or delegee shall ensure that the sidewalk is cleared in a continuous path;

(b) Clear all curb ramps that provide access to the sidewalk, regardless of the source of snow accumulation;

(c) Clear all curb cuts abutting the property, regardless of the source of the snow accumulation; and

(d) Place snow or ice in the tree box area or in the grassy area adjacent to the sidewalk. If no tree box or grassy area is present, the owner shall place the snow or ice in the area of the sidewalk adjacent to the curb but not in the street or bicycle lane.

1701.2 If snow or ice cannot be removed without damaging the sidewalk, the owner or delegee shall cover the snow or ice with sand, sawdust, or another appropriate substance to render the sidewalk safe for pedestrian travel.

History

• SOURCE: Final Rulemaking published at 62 DCR 15134 (November 20, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1701

24 DCMR § 1702 PENALTIES FOR FAILURE TO COMPLY

1702.1 If the owner or delegee fails to properly remove or cover snow or ice within twenty-four (24) hours after the snow or other precipitation has ceased to fall, the Mayor or his or her designated agent may issue a notice of violation for the failure to comply with this section.

1702.2 No more than one (1) notice of violation may be issued within a twenty-four (24) hour period for the same property.

1702.3 The fine imposed for a violation shall be:

(a) Twenty-five dollars ($25) for a residential property; and

(b) One hundred and fifty dollars ($150) for a commercial property.

1702.4 A notice of violation issued under this subsection shall be adjudicated pursuant to the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code §§ 8-801 et seq.).

History

• SOURCE: Final Rulemaking published at 62 DCR 15134 (November 20, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1702

24 DCMR § 1703 EXEMPTIONS FOR SENIOR CITIZENS AND DISABLED PERSONS

1703.1 A residential property owner who is sixty-five (65) years of age or older or who is disabled shall be exempt from the provisions of this section.

1703.2 If such an owner is issued a notice of violation, it shall be a complete defense if the owner self-certifies that he or she is sixty-five (65) years of age or older or disabled, unless the District shows by a preponderance of the evidence that the certification is false or does not meet the standards set forth in Subsection 1703.1 of this section.

1703.3 For the purposes of this section an owner is disabled if the owner:

(a) Has been determined to have a disability pursuant to a government assistance program; or

(b) Has evidence from a medical doctor that he or she is unable to, or should not, undertake the physical activity required to remove ice or snow.

1703.4 For the purposes of the exemption set forth in this section, the property must be owner-occupied and residential.

History

• SOURCE: Final Rulemaking published at 62 DCR 15134 (November 20, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1703

24 DCMR § 1799 DEFINITIONS

1799.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

Commercial property - property that does not receive District government solid waste collection service.

Curb cut – a depression or opening in the curb along the traveled portion of a roadway created to permit the travel of motor vehicles from the roadway to property adjacent to the roadway.

Curb ramp – a ramp cutting through a curb or built up to the curb, generally designed to provide an accessible path to individuals with disabilities, such as a ramp leading from a roadway to a sidewalk.

Residential property - property that receives District government solid waste collection service (residential buildings containing three (3) or fewer dwelling units) as defined in 24 DCMR § 1399.1.

History

• SOURCE: Final Rulemaking published at 62 DCR 15134 (November 20, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 1799

24-20 PREVENTION OF HAZARDOUS CONDITIONS

24 DCMR § 2000 HAZARDOUS DEPOSITS ON PUBLIC SPACE

2000.1 For purposes of this section, the term "public space" includes any street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District of Columbia.

2000.2 No person shall deposit, place, or leave in or upon any public space any glass, crockery, nails, tin, iron cuttings, hoops, wagon tires, wire, or any other article or thing liable to wound or injure a person or an animal, or to cause damage to personal property.

2000.3 Personal property placed on public space under a permit in accordance with the provisions of chapter 2, and maintained as required by chapter 2, shall be exempt from the provisions of §2000.2.

2000.4 No person shall place, leave, or cause to be placed or left on any public space any deposit dangerous to life and limb, without first obtaining a permit from the District.

2000.5 No person shall occupy with, place, or leave, or cause to be placed or left on public space, any wet paint or other slippery or sticky substance, or any deposit dangerous to life and limb, without protecting and guarding that public space.

2000.6 The protection of public space required under §2000.5 shall include the following:

(a) Display of red flags or other danger signals during the time of occupancy of the public space; and

(b) At night, the display of a red light (or a sufficient number of red lights) in a manner that sufficiently warns the public of the deposit, and that distinctly shows the clear passageway left in the highway, alley, street, or other public space.

2000.7 When the space occupied under §2000.5 extends a distance of five feet (5 ft.) or more, at least one (1) light shall be exhibited at each end of the wet paint or other slippery or sticky substance or deposit. The light shall be hung so that it is clearly visible for a distance of at least one hundred feet (100 ft.) in any direction.

2000.8 Whenever any permit issued by the District for the performance of work in either public or private space also includes permission to occupy public space, that permit shall be in lieu of the permit required by this section.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, §1, as amended, D.C. Code §1-315; §412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
• SOURCE: Article 3, §§4, 7(b) of the Police Regulations (May 1981).

24 DCMR § 2001 HAZARDOUS OBSTRUCTIONS IN PUBLIC SPACE

2001.1 For purposes of this section, the term "public space" includes any street, avenue, alley, highway, footway, sidewalk, parking, or other public space in the District of Columbia.

2001.2 No person shall construct, place, leave, or cause to be constructed, placed, or left on any public space any obstruction to travel, without first obtaining a permit from the District.

2001.3 No person, without a permit from the District, shall permit any bush, shrub, or tree to extend from private property onto public space in any manner that interferes with the free use of the public space.

2001.4 No person shall occupy with, place, leave, or cause to be placed or left on public space, any obstruction to travel that is dangerous to life and limb, without protecting and guarding that public space.

2001.5 The protection of public space required under §2001.4 shall include the following:

(a) Display of red flags or other danger signals during the time of the occupancy of the public space; and

(b) At night, the display of a red light (or a sufficient number of red lights) in a manner that sufficiently warns the public of the obstruction, and that shows distinctly the clear passageway left in the highway, alley, street, or other public space.

2001.6 When the space occupied under §2001.4 extends a distance of five feet (5 ft.) or more, at least one (1) light shall be exhibited at each end of the obstruction. The light shall be hung so that it is clearly visible for a distance of at least one hundred feet (100 ft.) in any direction.

2001.7 Whenever any permit issued by the District for the performance of work in either public or private space also includes permission to occupy public space, that permit shall be in place of the permit required by this section.

2001.8 No proprietor of any automobile or bicycle store, garage, or automobile filling station or service station shall place or leave any hose or pipe on the curb, sidewalk, or parking at any time.

2001.9 Nothing in §2001.8 shall be construed as prohibiting the installation of any readily movable fixture authorized under a permit issued in conformity with the provisions of chapter 2.

2001.10 Any permittee issued a permit to install steel plates in the public space pursuant to 24 DCMR § 225.1(p) shall apply a non-skid surface treatment to the steel plates if the steel plates are located in a crosswalk, designated bicycle lane, or intersection.

History

• SOURCE: Article 3, §7(a), Article 4, §12 of the Police Regulations (May 1981); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2001

24 DCMR § 2002 HAZARDOUS OPEN HOLES IN PUBLIC SPACE

2002.1 Each highway, street, sidewalk, or alley opening or cut, open manhole, or open conduit shall be guarded securely; and a red flag or other danger signal, including red lights when necessary at night, shall be displayed close to the opening at all times.

2002.2 Each open manhole, coal chute, vault cover, or any open sidewalk or alley space used by or under the control of the owner, tenant, or occupant of property abutting on the opening, shall be guarded securely; and a red flag or other danger signal shall be displayed or employed close to the opening by the owner, tenant, or occupant, at all times.

2002.3 Every broken manhole cover, vault, or other cover to an underground sidewalk or alley space, including Hyatt lights, used or under the control of the owner, tenant, or occupant of property abutting on the cover shall be guarded securely to ensure public safety; and a red flag or other danger signal, including red lights at night when necessary, shall be displayed on or close to the defective covering by the owner, tenant, or occupant.

2002.4 No grate, door, or other opening in any highway, sidewalk, or alley in the District shall be permitted to remain open any longer than may be reasonably necessary to enable the owner or occupant of abutting property to move or remove goods in the course of his or her trade or business.

History

• SOURCE: Article 3, §7(c), Article 4, §11 of the Police Regulations (May 1981).

24 DCMR § 2003 [RESERVED]

24 DCMR § 2004 [RESERVED]

24 DCMR § 2005 FUEL OIL TANKS IN PUBLIC SPACE: GENERAL PROVISIONS

2005.1 Storage tanks for fuel oil may be located in public space when, in the opinion of the Mayor, the installation is justified.

2005.2 The placement of fuel oil tanks in public space shall be subject in all cases to conditions of agreement relating to vaults which requires the removal of tank equipment when, in the opinion of the Mayor, the space that is occupied by the tank and equipment is needed for the introduction of water pipes, gas pipes, sewers, conduits, or other pipes or underground construction.

2005.3 Unless specifically authorized to the contrary by the Mayor, in sections zoned other than residential, fuel oil tanks of an approved size and location shall be placed in existing or newly constructed vaults in public alleys, sidewalks, or parking space adjoining the property to be served.

2005.4 In sections zoned as residential, a fuel oil storage tank may, if necessary, be buried in the ground in a public alley, sidewalk, or parking abutting on the property to be served.

2005.5 The top of the fuel oil tank shall be at least four feet (4 ft.) below the surface of the alley, sidewalk, or parking; and the tank shall be placed so that its major axis is horizontal and parallel to the building line of the property to be served.

2005.6 The tank shall be placed as close to the building line as practical; but no part of the tank shall lie below a plane passing through the outside, lower edge of the footing of the bearing wall of any building, or projection of the building, and sloping downward and outward from the building at an angle of forty-five degrees (45○) below the horizontal plane passing through the same edge of the footing.

2005.7 No part of the tank shall be closer than two and one-half feet (2 1/2 ft.) to the center line of a public alley, nor shall any part of the tank be closer than one foot (1 ft.) to a bearing wall or to any party line extended through the alley, sidewalk, or parking.

2005.8 The installation of each tank shall comply in other respects with the terms of any permit issued for the installation, and with applicable regulations covering underground storage tanks.

2005.9 The installation of each tank shall be subject to the execution of an agreement relating to fuel oil tanks in public space.

History

• SOURCE: Article 12, §12 of the Police Regulations (May 1981).

24 DCMR § 2006 FUEL OIL TANKS IN PUBLIC SPACE: PUBLIC ACCESS

2006.1 The permit issued under §2005 shall be granted on condition that the District has the right at any time to construct water pipes, gas pipes, sewers, conduits, or other pipes, or any underground construction that the Mayor may deem necessary to install under, over, around, or adjacent to the fuel oil tank

2006.2 The permit shall be issued and accepted with the understanding that the occupation of the tank space is permitted merely as an accommodation to the owner of the abutting premises, and that no right, title, or interest of the public is in any way waived or abridged by the issuance of the permit.

2006.3 If the street, roadway, or sidewalk is widened, the fuel oil tank shall be changed to correspond with the widened street, roadway, or sidewalk, without expense to the District, as directed by the Mayor.

2006.4 The permit shall be granted on the further condition that the owner or owners, their heirs, executors, administrators, or assigns, shall remove entirely the tank and its appurtenances, immediately upon notice from the Mayor that water pipes, gas pipes, sewers, conduits, or other pipe or underground construction are to be installed in the space occupied by the tank. The tank shall be removed from the public space or to a new location to be designed by the Mayor without cost to the District, so as to leave a space clear and sufficient in the judgement of the Mayor for the introduction and maintenance of any underground construction that the Mayor deems is necessary.

2006.5 The owner or owners, their heirs, executors, administrators, or assigns shall agree to pay rental to the District in the amount prescribed by law or regulation for vault space.

2006.6 In the event of failure to pay the vault space rental, or any part of the rental, the permit shall be voided within thirty (30) days from the date the rental is demanded by the Mayor; and the tank and its appurtenances shall be removed immediately upon an order from the Mayor that they be removed.

History

• SOURCE: Article 12, §13 of the Police Regulations (May 1981).

24 DCMR § 2007 FUEL OIL TANKS IN PUBLIC SPACE: FILLING PIPES

2007.1 Filling pipe for conveying fuel oil to storage tanks in approved locations may be located in an alley adjacent to the tank in or adjacent to a private driveway, or under a sidewalk that terminates in the back of a curb.

2007.2 When, in the judgment of the Mayor, it is impractical to extend the pipe line to the curb, the pipe may be terminated at a satisfactory point in back of the sidewalk, under the conditions set forth in §§2007.3 through 2007.9.

2007.3 The inlet to the filling pipe shall be in a cast-iron box with a protective cover of an approved pattern.

2007.4 The pipe shall be laid and kept flush with the sidewalk or alley surface.

2007.5 The owner(s) shall, at their own risk and expense, keep in a safe condition any trench or excavation made by or for them in any street or sidewalk or other public space, until the District repairs or resurfaces the trench or excavation.

2007.6 The owner(s) shall comply with the terms and conditions of the permit for the fill pipe.

2007.7 The location of an underground pipe line and inlet box is a privilege, and the permit for an underground pipe line and inlet box may be revoked at any time by the Mayor.

2007.8 If the permit is revoked, the pipe line and box shall be removed and the surface of the sidewalk or other public space restored by the permittee without any cost to the District.

2007.9 The owner(s) (and their heirs, executors, administrators, or assigns) must agree to save harmless, indemnify, and keep indemnified the District from the following:

(a) Any injury to person or property, and any cost, loss, or damage caused because the owner's failure to keep the underground pipe line and appurtenances in safe condition at all times;

(b) Any injury to persons or property, or any cost, loss, or damage caused by the owner's failure to keep the trench or excavation in a safe condition during and after the execution of the work, and until the trench or excavation if repaired or resurfaced by the District; and

(c) Any injury, loss, or damage to persons or property occasioned by the use of the underground pipe line and its appurtenances, or by any failure to observe and comply with the terms and conditions of the permit.

History

• SOURCE: Article 12, §14 of the Police Regulations (May 1981).

24 DCMR § 2008 [RESERVED]

24 DCMR § 2009 [RESERVED]

24 DCMR § 2010 CONTAINERS CAPABLE OF CONFINING CHILDREN

2010.1 No person shall leave or cause to be left unattanded [unattended] in any place accessible to any child any unused or discarded refrigerator, ice box, freezer locker, or other box or container that has a capacity of one and one-half cubic feet (1 1/2 ft.) or more, if it is equipped with a lock, latch, or other fastening device that permits the door or lid of the container to be securely fastened.

2010.2 The requirements of §2010.1 shall be applicable to owners, lessees, and managers with respect to the premises under their control.

2010.3 The provisions of this section shall not apply to containers that have been securely padlocked or otherwise securely fastened in a manner that will prevent the door or lid being opened.

2010.4 Any person violating the provisions of this section shall be subject to civil sanctions provided in the Litter Control Administration Act of 1985.

2010.5 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this article which involve any container that has been left unattended within a residential building or structure or which is not in plain view from public space pursuant to titles I-III of the Department of Consumer and Regulatory/Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this article which in not in plain view from public space shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

• SOURCE: Article 39 of the Police Regulations (May 1981); as amended by §3 of the Litter Control Administration Act of 1985, D.C. Law 6-100, 33 DCR 781 (February 7, 1986); and by §14 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, D.C. Law 8-237, 38 DCR 314, 322 (January 11, 1991).

24-21 POLICE AND FIRE EMERGENCIES

24 DCMR § 2100 CROWD AND TRAFFIC CONTROL

2100.1 When fires, accidents, wrecks, explosions, parades, or other occasions cause or may cause persons to collect on the public streets, alleys, highways, or parkings, the Chief of Police, an inspector or captain of the police, or an officer acting for him or her may establish an area or zone that he or she considers necessary for the purpose of affording a clearing for the following:

(a) The operation of firemen or policemen;

(b) The passage of a parade;

(c) The movement of traffic;

(d) The exclusion of the public from the vicinity of a riot, disorderly gathering, accident, wreck, explosion, or other emergency; and

(e) The protection of persons and property.

2100.2 Each person present at the scene of an emergency occasion shall comply with any necessary order or instruction of any police officer.

2100.3 No person shall enter the emergency area or zone unless duly authorized by the person in command of the emergency occasion, except as provided in §2100.4.

2100.4 Bona fide representatives of the press, bona fide insurance adjusters or underwriters, and other persons that the Chief of Police may authorize to be within the emergency area or zone shall be permitted within the lines established by the Police Department under the conditions set forth in §2100.5 and §§2101 through 2103.

2100.5 Persons entering the emergency area or zone under §2100.4 shall have plainly exposed to view the press pass or fire pass issued under the provisions of §§2101 through 2103.

History

• AUTHORITY: D.C. Code § 5-331.14.
• SOURCE: Article 6, §5(a) of the Police Regulations (May 1981).

24 DCMR § 2101 EMERGENCY AND PRESS PASSES: GENERAL PROVISIONS

2101.1 Upon approval by the Mayor, "emergency passes" similar to police press passes or fire passes, may be issued to individuals whose duties require quick passage through police or fire lines in the interest of public peace, health, and safety.

2101.2 Any person holding an emergency, fire, or press pass who violates any of the provisions of §§2100 through 2103 shall, upon conviction, be subject to a fine of not more than three hundred dollars (§300) for each and every offense.

2101.3 Any person who duplicates or counterfeits an emergency, fire, or press pass, or who uses a duplicate or counterfeit pass, for the purpose of obtaining or enabling others to obtain privileges granted to authorized holders of the pass shall, upon conviction, be subject to a fine of not more than three hundred dollars (§300) for each and every offense.

2101.4 Any person who withholds delivery of an emergency, fire, or press pass upon demand for it by the Chief of Police shall, upon conviction, be subject to a fine of not more than three hundred dollars (§300).

2101.5 The Mayor reserves the right to suspend for a period or indefinitely the privileges conferred by an emergency, fire, or press pass, or to revoke any pass, upon receiving evidence that the pass has been used by the person to whom it was issued for the purpose of imposing upon any public official or private individual; or for any failure to observe the conditions under which the pass was issued.

History

• SOURCE: Article 6, §§5(d), (e), (I) of the Police Regulations (May 1981).

24 DCMR § 2102 POLICE PRESS PASSES

2102.1 The Metropolitan Police Department shall issue all press passes or credentials without regard to the content of the news coverage. Press passes shall be issued as expeditiously as possible.

2102.2 Each pass shall be signed by the Chief of Police.

2102.3 Passes shall be in the form and number approved by the Chief of Police.

2102.4 REPEALED.

2102.5 Passes issued under the provisions of this section shall be valid for the period of time stated on the face of the pass.

2102.6 No police press pass shall be valid for more than one (1) year.

2102.7 Passes shall expire not later than December 31st of each year, but may be renewed on the condition that the expired pass issued for the preceding months shall be surrendered with the request for renewal.

2102.8 A press pass shall be plainly exposed to view whenever the person to whom it is issued uses it.

2102.9 Passes issued to individuals shall not be transferable.

2102.10 Each person to whom a press pass is issued shall agree in writing to assume all risks incident to the use of the pass, to comply promptly with any reasonable direction of any member of the Metropolitan Police Department, and to conduct himself or herself in a manner that does not interfere with, hinder, or obstruct any authorized person engaged in preserving the peace, maintaining order, and protecting life and property.

2102.11 On and after December 31, 1983, an annual fee of ten dollars ($10) shall be imposed on each police press pass issued or renewed pursuant to this section.

2102.12 The Mayor may amend the amount of fee imposed under §2102.11 on press passes issued or renewed to reflect an amount that, in the Mayor's judgment, will defray the approximate costs to the District of the issuance or renewal of the passes.

History

• SOURCE: Article 6, §5(b) of the Police Regulations (May 1981); as amended by D.C. ACT 15-757 published at 52 DCR 2305 (March 11, 2005); as amended by Final Rulemaking published at 55 DCR 7086 (June 27, 2008).

24 DCMR § 2103 APPLICATION PROCEDURES

2103.1 The Chief of the Metropolitan Police Department is authorized to issue press passes to bona fide media representatives of print, electronic or online, university or college, television, radio, and newsreel media who gather information or pictures for distribution or broadcast to the public as news. Media representatives include self-employed or freelance writers / journalists who regularly gather news.

2103.2 Press passes shall be issued in a form approved by the Chief of Police or his or her designee and shall be valid for two years. Holders of expired press passes shall surrender them upon issuance of new passes. The Chief of Police or his or her designee may withhold the issuance of a press pass to any person convicted of a felony, a crime of violence as defined in D.C. Official Code § 23-1331 (4), or a crime of moral turpitude, if such withholding is based on a reasonable belief the person would be disruptive or will use the press pass for an unlawful purpose. The Chief of Police or his or her designee shall inform the applicant in writing of the basis for any denial of a press pass. An applicant may appeal the denial of the issuance of a press pass to the Chief of Police.

2103.3 An application for a police press pass shall include a statement that the holder of a press pass:

(a) assumes all risks incident to the use of the pass;

(b) will obey all lawful orders and directions of any member of the Metropolitan Police Department; and

(c) will comport himself or herself in a manner that does not interfere with, hinder, or obstruct any authorized person engaged in preserving the peace, maintaining order, and protecting life and property. Nothing in this section shall constitute a waiver or release of any claim the holder of a press pass may have for harm or injury intentionally or negligently caused to such person. Any conflicts or disagreements with such orders or directions shall be resolved through consultation with the Metropolitan Police Department's Director of the Office of Public Information or his or her designee.

2103.4 A person displaying a valid press pass shall not be arrested or taken into custody at the scene of a First Amendment assembly or other news event in the absence of probable cause for the arrest. A person displaying a valid press pass shall not be arrested merely because he or she is in an area where other people have committed criminal acts or are being arrested.

2103.5 A press pass issued pursuant to this section automatically expires upon the holder's termination of employment or occupation as a media representative. Upon such expiration, the holder shall immediately surrender the pass to the Metropolitan Police Department Office of Public Information or to his or her employer, who shall forward the press pass to the Office of Public Information.

2103.6 Press passes shall not be transferable.

2103.7 Pursuant to this section, the Chief of Police, upon a showing of good cause, shall have the authority to limit the total number of press passes issued to media representatives and organizations for an event.

History

• SOURCE: Article 6, §5(c) of the Police Regulations (May 1981); as amended by Final Rulemaking published at 55 DCR 7086 (June 27, 2008).

24 DCMR § 2104 GENERAL PROVISIONS

2104.1 A media representative displaying a press pass is authorized to enter designated areas, set aside by members of the Metropolitan Police Department, for the purpose of gathering, photographing or reporting news events. The holder of a press pass is not required to remain in any such designated area and may not be restricted from any area open to the general public or any area open to participants in a First Amendment assembly.

2104.2 The holder of a press pass is authorized to cross a police or fire line, unless, in the judgment of a Metropolitan Police Department officer or official, to do so would interfere with the management of a police or fire scene or would endanger the public safety.

2104.3 Possession of a press pass does not authorize the holder to enter a private building or private property that may be located within a police or fire line.

2104.4 MPD officers shall allow media representatives reasonable access to all areas where a First Amendment assembly is occurring. At a minimum, officers shall allow media representatives no less access than that enjoyed by members of the general public. Unless inconsistent with public safety considerations, officers shall allow media representatives access to areas closed to the general public in order to assist their ability to report on such an event. Officers shall also make reasonable accommodations to allow media representatives effectively to use photographic, video, or other equipment relating to their reporting of a First Amendment assembly.

2104.5 The Chief of Police or his or her designee shall accept or honor a press pass issued to a media representative by a local, state or federal governmental body within or outside the District of Columbia. The holder of such a press pass shall enjoy the same rights and privileges as if the pass were issued directly by the Chief of Police.

2104.6 It is the policy of the Metropolitan Police Department that media representatives shall have maximum access to First Amendment assemblies, fires, crime scenes, weather-related events, accidents and other news events, consistent with maintaining public safety and the management of a police or fire scene.

2104.7 The commanding officer at the scene of a First Amendment assembly or other news event, in consultation with the Director of the Office of Public Information, shall ensure that the policy set forth in subsection 2104.6 and the applicable provisions of these regulations are carried out.

2104.8 Press passes and credentials shall be plainly exposed to view whenever the persons to whom they are issued are using them.

2104.9 The Chief of Police shall appoint an advisory committee composed of representatives of the media, universities and colleges, which may make recommendations concerning the implementation of these rules.

History

• SOURCE: Final Rulemaking published at 55 DCR 7086 (June 27, 2008).

24 DCMR § 2105 EMERGENCY COMMUNICATIONS AND SERVICES

2105.1 No person shall break the doors or locks of, or interfere in any way with, the signal boxes of the fire alarm or police patrol system.

2105.2 No person shall meddle or tamper with any bells, gongs, telephones, or other instruments or apparatus connected with or constituting any part of the telegraph or telephone service of the District.

2105.3 No person shall cut, break, injure, remove, or disturb any wire or wires connected with or forming a part of the services listed in §2105.1.

2105.4 No person shall place any billboard, sign, or other article or thing in front of or upon any fire alarm, patrol box, or fire hydrant so as to obstruct the view or ready access to it.

2105.5 No person shall fasten, tie, or hitch any horse, mule, or other animal to any fire alarm or patrol box, or to any pole or post used for the support of that box.

2105.6 No person shall leave any animal standing, without being tied, hitched, or fastened, near enough to any fire alarm or patrol box that injury might ensue by the animal rubbing against or coming in contact with the box, pole, or post.

2105.7 No person shall ride or drive any horse, mule, or other animal or cart, wagon, or other vehicle against any box, pole, or post upon which a fire alarm or police patrol box is supported.

2105.8 No person shall hang or swing upon the iron rods or pipes attached to any signal box; or climb upon, or in any manner tamper with, any fire alarm or patrol box within the District.

2105.9 Each lineman, repairman, or other employee of any telegraph, telephone, messenger, signal, or electric lighting company shall wear a conspicuously numbered badge indicating the name of the company by which he or she is employed while doing the following:

(a) While engaged in stringing, repairing, or replacing any overhead wire;

(b) While engaged in erecting, restoring, or repairing any pole of the company; or

(c) While doing other work in connection with poles or wires.

History

• SOURCE: Article 19, §§1, 2, 3 of the Police Regulations (May 1981).

24 DCMR § 2106 FALSE ALARMS AND REPORTS

2106.1 It shall be unlawful for any person or persons willfully or knowingly to give or send, or cause to be given or sent, a false call; or to give or cause to be given any false information relative to a call for any ambulance, emergency vehicle of the water operations division, fire apparatus, or police vehicle within the District.

2106.2 No person shall knowingly make or cause to be made to the Metropolitan Police Department, or to an officer or member of the Department, a false or fictitious report of the commission of any criminal offense within the District; or a false or fictitious report of any other matter or occurrence of which the Department is required to receive reports; or in connection with which the Department is required to conduct an investigation. Upon conviction of knowingly giving a false or fictitious report, a person shall be punished by a fine of not more than three hundred dollars ($300), or by imprisonment for not more than ten (10) days.

2106.3 Any person who knowingly communicates or causes to be communicated to the Metropolitan Police Department, or any officer or member of the Department, any false information concerning the commission of any criminal offense within the District; or concerning any other matter or occurrence of which the Metropolitan Police Department is required to receive reports; or in connection with which the Metropolitan Police Department is required to conduct an investigation, shall be punished by a fine of not more than three hundred dollars ($300), or by imprisonment for not more than ten (10) days.

History

• SOURCE: Article 19, §§4, 5 of the Police Regulations (May 1981).

24-22 PUBLIC DISASTERS AND CIVIL DISORDERS

24 DCMR § 2200 DECLARATION OF A STATE OF EMERGENCY

2200.1 Whenever the Mayor determines that a civil disorder or other public disaster, or the imminent danger of a disorder or disaster, exists within the District, and that the disorder, disaster, or threat substantially endangers, threatens, or interferes with the health, safety, or well-being of persons; the secure possession and use of property; the free exercise of rights; or the orderly functioning of government agencies located within the District, the Mayor may publicly proclaim the existence of a state of emergency.

2200.2 The proclamation of a state of emergency shall note the nature of the emergency, and shall briefly state the facts upon which the Mayor has based his or her determination.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, §1, D.C. Code §1-315 (1992 Repl. Vol.).
• SOURCE: Commissioners' Order No. 68-432, effective June 19, 1968, Article 48, §1 of the Police Regulations (May 1981).

24 DCMR § 2201 EMERGENCY REGULATIONS

2201.1 Whenever the Mayor has proclaimed the existence of an emergency pursuant to §2200, and until that state of emergency is terminated as provided for in §2202, the Mayor may order and promulgate, as he or she may deem necessary for the protection of the public and the welfare of the city, any or all of the emergency regulations provided for in §§2201.3 through 2201.7, in whole or in part, and with such limitations and conditions as the Mayor may deem appropriate.

2201.2 Any emergency regulations ordered under this section shall be in effect only during the period of the emergency and in the area or areas of the District that the Mayor orders.

2201.3 The Mayor may order the imposition of a curfew in all of the District of Columbia commencing and ending at the times as the Mayor may specify.

2201.4 During the hours of a curfew, no person, other than persons officially designated by the Mayor, shall walk, run, loiter, stand, or motor upon any street, alley, or other public place within the designated area.

2201.5 The Mayor may order the prohibition of the sale or dispensing of alcoholic beverages, including beer and wine, altogether or by the bottle.

2201.6 The Mayor may order the prohibition of the sale or dispensing of gasoline or other inflammable materials or liquids, altogether or except by delivery into a tank permanently affixed to an operable motor-driven vehicle.

2201.7 The Mayor may order the prohibition of the sale, gift, or exchange of any firearm, ammunition, explosive, incendiary device, or other dangerous weapon.

2201.8 The Mayor may order the prohibition of the possessing or carrying upon any street, alley, or other public place, or in any vehicle upon any street, alley, or other public place, any firearm, ammunition, explosive, incendiary device, or other dangerous weapon; except by law enforcement officers and military personnel in the official exercise of their duty.

2201.9 The Mayor is authorized, whenever he or she has proclaimed the existence of an emergency situation pursuant to §2200, to perform the function of making regulations under D.C. Code §1-319 (1981), in addition to the regulations specifically authorized under this section.

2201.10 Emergency regulations shall continue in effect until terminated by proclamation of the Mayor; Provided, that no emergency regulation shall continue in effect beyond the termination of the state of emergency in connection with which it was issued.

History

• SOURCE: Commissioners' Order No. 68-432, effective June 19, 1968, Article 48, §§2, 5(c), (6) of the Police Regulations (May 1981).

24 DCMR § 2202 TERMINATION OF A STATE OF EMERGENCY

2202.1 Within forty-eight (48) hours after proclaiming a state of emergency, or as soon after this time as the D.C. Council can convene, the Mayor or Deputy Mayor shall appear before the Council to explain the circumstances under which the Mayor exercised any of the emergency powers vested in the Mayor under §2201.

2202.2 No state of emergency proclaimed under §2200 shall continue to exist beyond the meeting of the Council convened pursuant to §2202.1, unless continuation is approved by a majority vote of the Council members present and voting.

2202.3 No state of emergency shall continue to exist beyond any subsequent meeting of the Council at which the continuation is disapproved by a majority vote of the Council members present and voting.

2202.4 Unless sooner termination is required by the Mayor's failure to secure approval of the Council, or upon disapproval by the Council, as provided in this section, a state of emergency proclaimed under §2200 shall continue in existence until terminated by proclamation of the Mayor.

History

• SOURCE: Commissioners' Order No. 68-432, effective June 19, 1968, Article 48, §§5(a), (b) of the Police Regulations (May 1981).

24 DCMR § 2203 ADMINISTRATION AND ENFORCEMENT

2203.1 Any proclamation declaring the existence of an emergency issued pursuant to §2200, any proclamation terminating a state of emergency pursuant to §2202, and any emergency order or regulation issued under authority of §2201 shall be effective without prior publication.

2203.2 Notwithstanding the provisions of §2203.1, each proclamation and order issued under this chapter shall be, as promptly as practicable, filed in the Office of Documents and published in the D.C. Register.

2203.3 Each proclamation issues under this chapter shall be delivered to general news media for publication and for radio and television broadcast.

2203.4 Any person who violates any provision of an emergency order or regulation issued by the Mayor under the authority of §2201 shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300), or by imprisonment for not more than ten (10) days.

2203.5 If there is a conflict between any regulation issued under authority of §2201 and any other regulation or municipal action of the District, the regulation issued under §2201 shall prevail for so long as it continues in effect.

2203.6 Except to the extent that a conflict appears, the provisions of regulations issued under authority of §2201 shall not supersede, but shall be in addition to, the provisions of all other regulations, municipal actions, and statutes applicable to the District.

2203.7 If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the validity of the remainder of this chapter and of its application to other persons and circumstances shall not be affected.

History

• SOURCE: Commissioners' Order No. 68-432, effective June 19, 1968, Article 48, §§3, 4, 7, 8 of the Police Regulations (May 1981).

24-23 GUNS AND OTHER WEAPONS

24 DCMR § 2300 DISCHARGE OF WEAPONS

2300.1 No gun, air gun, rifle, air rifle, pistol, revolver, or other firearm, cannon, or torpedo shall be discharged or set off in the District without a special written permit from the Chief of Police.

2300.2 This section shall not apply to licensed shooting galleries between 6:00 a.m. and 12:00 midnight on Monday through Saturday, or between the hours of 2:00 p.m. and 11:00 p.m. on Sundays.

2300.3 This section shall not apply to the discharge of firearms or explosives in a performance conducted in or at a regular licenses theater or show, or to a discharge of a registered firearm while it is being used to protect against a reasonably perceived threat of immediate harm to a person in the registrant’s home.

2300.4 Upon application to the Mayor by the president of any private or public university, college, or other educational institution, or the president of the Board of Education of the District of Columbia, guns and rifles of small caliber may be used by the officers, instructors, and pupils of the school, upon receiving a permit for the discharge of arms from the Chief of Police.

2300.5 The permit issued under §2300.4 shall state the caliber of weapons allowed under the permit.

2300.6 Before a permit is issued, the president of the college, university, or other educational institution, or the president of the D.C. Board of Education, shall furnish the Chief of Police the written consent of the owners of a majority of the real property within a radius of two hundred feet (200 ft.) of the boundary lines of the lot or parcel of ground upon which the arms are to be discharged, unless the discharge is within an indoor, sound-proofed range.

2300.7 No place shall be used under the terms of §2300.4 until the Director of Consumer and Regulatory Affairs furnishes a certificate verifying that suitable precautions have been taken for the safety of the public and the protection of property by the erection of iron shields and other appliances that the Director may deem is necessary.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the An Act approved July 8, 1932, 47 Stat. 650, ch. 465; as amended by An Act approved December 27, 1967, 81 Stat. §736, Pub. L. 90-226, title V, §501, D.C. Code 22-3201 et seq.; by the Firearms Control Regulations Act of 1975, D.C. Law 1-85, D.C. Code §6-2301 et seq. (1995 Repl. Vol.); and §29(d) of the Vital Records Act of 1981, D.C. Law 4-34, D.C. Code 1-337(g) (1992 Repl. Vol.).
• SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §1 of the Police Regulations (May 1981); as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380 (June 5, 2009).

24 DCMR § 2301 POSSESSION OF WEAPONS

2301.1 No person under the age of eighteen (18) years shall carry or have in his or her possession upon any street, avenue, road, alley, park, or other public space in the District, any gun, pistol, rifle, bean shooter, sling, projectile, dart, or other dangerous weapon of any character.

2301.2 Nothing in this section shall be construed as to prohibit a member of a duly authorized military organization from the proper use of the guns and other equipment used as a member of the organization.

2301.3 It shall not be lawful for any person to carry or have in his or her possession outside any building in the District an air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or any similar type gun.

2301.4 Nothing in this section shall be construed as prohibiting the transportation of an air rifle, air gun, air pistol, B-B gun, spring, gun, blowgun, or bowgun, unloaded and securely wrapped, by a person who is eighteen (18) or more years of age.

2301.5 Nothing in this section shall be construed as prohibiting the use of an air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or any similar type gun, where the use of the gun is supervised by a person eighteen (18) or more years of age in connection with the following:

(a) A theatrical performance or athletic contest;

(b) A licensed shooting gallery; or

(c) Use at other locations where the use of the guns is authorized by the Chief of Police.

History

• SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §§2, 4(b) of the Police Regulations (May 1981).

24 DCMR § 2302 SALE OR TRANSFER OF WEAPONS

2302.1 It shall unlawful for any person, firm, or corporation to sell, give, lend, rent, or otherwise transfer to any child under the age of eighteen (18) years any firearms, air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or a similar type of gun; or ammunition, gunpowder, gun cap, cartridge primer, dynamite cap or detonator, B-B shot, pellet, projectile, dart, or other dangerous missile or explosive, in any quantity.

2302.2 Nothing in this section shall be construed as prohibiting the sale or other transfer of toy paper caps containing not more the twenty-five hundredths (.25) of a grain of explosive composition per cap.

2302.3 Nothing in this section shall be construed as prohibiting the transfer of any of the items listed in §2302.1 where the transfer is supervised by a person eighteen (18) or more years of age in connection with the following:

(a) A theatrical performance or athletic contest;

(b) A licensed shooting gallery; or

(c) Transfer at other locations where the use of the item is authorized by the Chief of Police.

History

• SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §4 of the Police Regulations (May 1981).

24 DCMR § 2305 REGISTRATION OF FIREARMS: GENERAL PROVISIONS

2305.1 The provisions of §§ 2305 through 2326 are issued by the Chief of Police (the “Chief”) pursuant to the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2013 Supp.)) (the “Act”), specifically § 206(b) of the Act, to prescribe procedures for registration of firearms.

2305.2 The Director is authorized by the Act to prescribe all forms required to implement the Act. All the information called for in each form shall be furnished, as indicated by the headings on the form and the instructions that are on each form or that are issued with respect to each form.

2305.3 The Chief shall register no more than one (1) pistol per registrant during any thirty- (30-) day period; provided, that this restriction shall apply only to the initial registration of a pistol and not to the renewal of the registration of a pistol.

2305.4 The Chief may permit a person first becoming a District resident to register more than one (1) pistol if those pistols were lawfully owned in another jurisdiction for a period of six (6) months prior to the date of application.

2305.5 Under § 207a of the Act (D.C. Official Code § 7-2502.07a (2013 Supp.)), a registration certificate issued by the Chief shall be valid for three (3) years from the date of issuance and must be renewed pursuant to § 2326 of this chapter.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7070 (March 4, 1977); 35 DCRR §§300, 307, November 1980, Special Edition; as amended by Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013); as amended by Final Rulemaking published at 72 DCR 005751 (May 9, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2305

24 DCMR § 2306 DESTRUCTIVE DEVICES

2306.1 Any person may request the Director to make a determination whether a device falls within the exception to the definition of “destructive device” set forth in § 101(7)(E)(iv) of the Act (D.C. Official Code § 7-2501.01(7)(E)(iv) (2013 Supp.)).

2306.2 Each request for a determination shall be in writing, state the name and address of the manufacturer(s) of the device, accurately describe the device, and give the reasons the requestor believes the device qualifies for placement on the list.

2306.3 No person requesting a determination for a device already possessed by the requestor shall be charged with a violation of the Act prior to the adoption of a final rule.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7079 (March 4, 1977); 35 DCRR §§319, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2307 CRIMINAL DISQUALIFICATIONS FOR REGISTRATION

2307.1 For the purposes of §§ 203(a)(2), 203(a)(3), and 203(a)(4) of the Act, the following records shall be used to determine whether there is prima facie evidence of a disqualification:

(a) A criminal history record information (as defined in 28 CFR § 20.3(d)) with a disposition showing a conviction or a sentence (including a suspended sentence, probation, incarceration, or a fine); or

(b) A court record showing a conviction or a sentence.

2307.2 Only convictions rendered by the courts of the several states, territories, possessions, and federal tribunals, including those of the military, shall be considered.

2307.3 The pendency of an appeal, or of any other judicial or non-judicial review, shall not be considered until the entry of a final order setting aside the conviction. Non-judicial review includes the pardon authority of the jurisdiction where the conviction was obtained.

2307.4 The time period preceding an application for registration shall be computed by using the date of the applicant’s signature on form P.D. 219 as the end of the period of time to be computed.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7067 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2308 MEDICAL DISQUALIFICATIONS FOR REGISTRATION

2308.1 The records described in §2307.1 shall also be used to establish whether a person was acquitted of a criminal charge by reason of insanity or adjudged a chronic alcoholic.

2308.2 Any official court or medical record revealing a civil judgment of chronic alcoholism or involuntary commitment to a private or public facility for chronic alcoholism shall establish the existence of that condition or disease for the purpose of disqualification imposed by §203(a)(5) of the Act.

2308.3 Any medical certification submitted to lift the disqualification imposed by §203(a)(5) of the Act shall meet the following criteria:

(a) Be written on the official letterhead of the institution or physician treating the person;

(b) Be signed by the treating physician, head of the treating physician's department, or medical director of the treating institution (signatures of non-medical administrative personnel shall not be acceptable);

(c) Describe the condition from which the applicant has recovered, including physical manifestations of the disease, such as tremors or blackouts; and

(d) State whether the person, in the certifying physician's opinion, is capable of the safe and responsible possession of the type of firearm for which an application has been filed.

2308.4 With respect to medical certifications to lift the disqualifier imposed by §203(a)(6) of the Act upon persons voluntarily or involuntarily committed to a mental hospital or institution, the requirements imposed by §2308.3 shall be applicable.

2308.5 Physical defects indicating that an applicant would not be able to safely and responsibly possess and use a firearm as required by §203(a)(7) of the Act include those conditions that, to the examining officer, visibly prevent or substantially interfere with the ability to hold, load, aim, fire, clean, or protect the weapon.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7068 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition.

24 DCMR § 2309 OTHER DISQUALIFICATIONS FOR REGISTRATION

2309.1 An applicant shall be denied a firearm registration if the applicant:

(a) Has been adjudicated negligent in a firearm mishap causing death or serious injury to another human being. For purposes of this paragraph:

(1) The Chief may consider any entry of a judgment or consent order or decree of negligence in any civil suit concerning the discharge of a firearm resulting in death or serious injury to a human being without regard to the filing of criminal charges, or the finding by a coroner of negligent homicide; and

(2) The term “serious injury” shall have the same meaning as the term “serious bodily injury” as provided in Section 806a(d) of An Act To establish a code of law for the District of Columbia, effective August 20, 1994 (D.C. Law 10-151; D.C. Official Code § 22-404.01(d));

(b) [RESERVED];

(c) Has been convicted of an offense that makes it unlawful for the applicant to own, keep, or possess a firearm in the District of Columbia under Section 3 of An Act To control the possession, sale, transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 651; D.C. Official Code § 22-4503);

(d) Has been a respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to D.C. Official Code § 16-1005, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;

(e) Has been a respondent in a proceeding in which a foreign protection order, as that term is defined in D.C. Official Code § 16-1041(2), was issued against the applicant, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;

(f) Has had a history of violent behavior within the past five (5) years immediately preceding the application. For purposes of this paragraph, the Chief may consider any relevant evidence, including, but not limited to, information contained in law enforcement records or other governmental records, or from non-governmental sources;

(g) Has been convicted within the past five (5) years of two (2) or more violations of any law in the District or another jurisdiction restricting driving under the influence of drugs or alcohol; or

(h) Is otherwise disqualified under section 203(a) of the Act (D.C. Official Code § 7-2502.03(a)).

2309.2 For purposes of §§ 2309.1(c)-(e) and (g), the Chief may consider a record described in § 2307.1.

2309.3 The prior revocation or denial of a person’s firearm registration application shall not on its own constitute the basis for the denial of a subsequent firearm registration application; however, the evidence underlying the prior revocation or denial may be considered by the Chief in determining whether the person is qualified to receive a firearm registration pursuant to the person’s subsequent registration application.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7069 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013); as amended by Final Rulemaking published at 72 DCR 005751 (May 9, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2309

24 DCMR § 2310 AGE AND VISION REQUIREMENTS

2310.1 To establish age as required by § 203(a)(1) of the Act, a valid driver's license, birth certificate, or other government document requiring a date of birth under penalty of perjury shall be acceptable.

2310.2 A valid driver's license from any state, territory, or possession, or an international driver's license or one issued by the military shall, in the case of a new resident, be treated the same as if it had been issued by the District.

2310.3 When a District permit is obtained, the applicant shall communicate the permit number to the Firearms Registration Section.

2310.4 To establish that the applicant complies with the vision requirements of § 203(a)(11) of the Act, the applicant shall certify in writing, on a form provided by the Firearms Registration Section, that the applicant’s vision is not impaired more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or who has loss of vision due wholly or in part to impairment of field of vision or to other factors which affect the usefulness of vision to a like degree.

2310.5 If the Firearms Registration Section determines there are reasonable grounds to believe that the certification provided in § 2310.4 is not accurate, the Firearms Registration Section may require the applicant to obtain a certification from a licensed optometrist that the applicant meets the vision requirement of § 203(a)(11) of the Act.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7067 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 1521 (February 8, 2013).

24 DCMR § 2311 KNOWLEDGE OF FIREARMS AND TRAINING REQUIREMENTS

2311.1 Knowledge of the laws of the District pertaining to firearms, and knowledge of the safe and responsible use of firearms, shall be tested through a written examination.

2311.2 Under compelling circumstances, an oral test may be administered in place of the written test.

2311.3 The type of test and its content shall be at the sole discretion of the Director.

2311.4 [RESERVED].

2311.5 [RESERVED].

2311.6 Rifles and shotguns shall be considered the same type of firearm for the purposes of testing.

2311.7 If an applicant fails an examination, he or she shall be allowed one (1) retest without charge.

2311.8 A fee equal to that submitted with the original application may, at the discretion of the Director, be assessed for the second retest and for each subsequent retest.

2311.9 An applicant shall complete a firearms training and safety class provided by the Chief or submit evidence of compliance with § 203(a)(13)(B) of the Act.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7069 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2312 FINGERPRINTS AND PHOTOGRAPHS

2312.1 Each person registering a firearm or renewing a registration pursuant to § 2326 shall be fingerprinted, unless all of the following apply:

(a) [RESERVED];

(b) The applicant’s fingerprints on file are, in the opinion of the Director, of the required quality; and

(c) The applicant offers sufficient identification to establish the applicant’s identity as the same person whose fingerprints are already on file.

2312.2 Each person registering a firearm shall be photographed, at no charge, by the Director and the photograph shall be included as part of the registration application.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7070 (March 4, 1977); 35 DCRR §§308, 309, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2313 PERSONAL APPEARANCE AND FILING TIME

2313.1 In accordance with § 203 of the Act (D.C. Official Code § 7-2502.04(c) (2013 Supp.)), each applicant for a registration certificate shall personally present the required form at the Firearms Registration Section, during operating hours.

2313.2 Multiple applications submitted at one (1) time shall be accepted on the basis of a single personal appearance.

2313.3 The Director may waive the requirement for a personal appearance in emergency situations, including cases where the applicant is out of the country, in the hospital, or not ambulatory; provided, that the application shall be accepted for processing, but shall not be approved until the applicant appears in person.

2313.4 If the condition preventing the personal appearance is permanent or continuing in nature, the Director may, in his or her discretion, satisfy this requirement by interviewing the applicant at a place convenient to the applicant.

2313.5 When a personal appearance is not made, an appropriate notation shall be made on the application showing that fact, together with the name, address, phone number, and relationship to the applicant of the person presenting the application on the person’s behalf.

2313.6 A person other than the president or chief executive of an organization may submit an application if that person presents with the application a letter on the organization’s official letterhead signed by the president or chief executive of the organization, stating the name of the person appearing, that person’s position within the organization, and the identity of the weapon he or she is authorized to present for registration.

2313.7 When submitting an application, an applicant shall not have the firearm to be registered in his or her possession.

2313.8 The Director may require an applicant to return with the firearm if it appears to the Director that any of the following conditions may apply:

(a) That the person is unqualified or incapable of safe and responsible possession or use of the firearm;

(b) That the firearm may be unregisterable, defective, or in a dangerous condition or state of disrepair; or

(c) That the information relating to the weapon on the application is incorrect, misleading, or incomplete.

2313.9 A person shall be deemed to be in compliance with the personal notification requirements of § 206(a) of the Act (D.C. Official Code § 7-2502.06(a) (2013 Supp.)) if he or she, immediately after bringing a firearm into the District, telephonically notifies the Firearms Registration Section at 202-727-4275.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7071 (March 4, 1977); 35 DCRR §§310, 311, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2314 ISSUANCE OF REGISTRATION CERTIFICATES

2314.1 Upon receipt of a properly completed application including photographs, fingerprints, and the required fee, the applicant shall be given a copy of the application form which indicates the fee has been paid.

2314.2 The Director shall make any inquiry and investigation as he or she shall deem necessary to determine whether the applicant is entitled and qualified to receive a registration certificate, including the following:

(a) Inquiry and investigation of the applicant's criminal history;

(b) Record checks;

(c) Submission of fingerprints to the F.B.I.; and

(d) Verification of the information supplied on the form through interviews or other investigative techniques.

2314.3 An applicant may be asked to supplement information originally submitted.

2314.4 If the Director finds the applicant eligible, the applicant shall be sent another copy of the application form which shall bear a unique registration number. This copy of the application form shall be retained by the applicant as his or her registration certificate.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7073 (March 4, 1977); 35 DCRR §§313, November 1980, Special Edition.

24 DCMR § 2315 APPROVAL PERIOD

2315.1 The sixty- (60-) day period for issuance of a certificate under § 207 of the Act (D.C. Official Code § 7-2502.07(b) (2012 Repl.)) may be extended for good cause in the event that the investigation into the applicant’s qualifications has not been completed.

2315.2 Reasons that an extension may be granted for good cause shall include the following:

(a) Non-receipt of the results of an F.B.I. fingerprint check;

(b) Non-receipt of responses from other law enforcement agencies queried about the applicant;

(c) Lost, mutilated, or destroyed records requiring reproduction or replacement; or

(d) A substantial question concerning the applicant’s eligibility that requires further inquiry.

2315.3 Any extension taken shall not exceed thirty (30) calendar days.

2315.4 The applicant shall be notified of the extension by letter.

2315.5 An application shall be automatically held in abeyance if the applicant has any other certificate pending, or becomes liable to revocation on any other certificate.

2315.6 An application that has been held under § 2315.5 shall be approved or denied in accordance with the time limits set forth in this section, after the termination of the revocation proceeding.

2315.7 Except as provided in § 2315.5, any application not expressly approved or denied within the following periods shall be deemed to be denied for the purpose of appealing to the Director:

(a) Within the sixty- (60-) day period required in the Act, unless the period is extended for good cause shown in accordance with this section; or

(b) At the end of the thirty- (30-) day extension period under this section.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7074 (March 4, 1977); 35 DCRR §314, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2316 CORRECTION OF CERTIFICATES

2316.1 Each applicant receiving a registration certificate shall immediately examine it to determine if it contains any incorrect information.

2316.2 If any error is found in the registration certificate, the applicant shall return it either by mail or in person to the Firearms Registration Section, together with a statement showing the error and the correct information.

2316.3 If the error occurred as a result of information supplied by the applicant, the applicant shall submit with the statement and certificate a fee equal to the fee paid at the time of the initial filing.

2316.4 If a certificate is returned without the payment of the additional fee, and it is determined to include erroneous data supplied by the applicant, the certificate shall be held at the Firearms Registration Section until the fee is paid. The applicant shall be notified of this action by mail.

2316.5 If the applicant fails to pay the additional fee within fifteen (15) calendar days of the notice, the certificate shall be revoked. A notice of revocation shall be sent to the applicant.

2316.6 Errors appearing on the certificate through inadvertence or error on the part of the Firearms Registration Section shall be corrected without charge to the applicant.

2316.7 If the Firearms Registration Section discovers an error, it shall notify the holder of the certificate and require the holder to return it to the Section. The procedures set forth in this section shall apply, as appropriate.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7075 (March 4, 1977); 35 DCRR §315, November 1980, Special Edition.

24 DCMR § 2317 LOST, STOLEN, OR DESTROYED CERTIFICATES

2317.1 Upon discovering the loss, theft, or destruction of a registration certificate or firearm, the holder of the certificate shall immediately communicate this fact in writing or in person to the Firearms Registration Section in accordance with § 208 of the Act (D.C. Official Code § 7-2502.08 (2013 Supp.)).

2317.2 Each written communication concerning a certificate shall contain sufficient information to identify the holder.

2317.3 The filing of an offense report or complaint of a crime with respect to the loss, theft, or destruction of the certificate or weapon shall be deemed to be in compliance with this section.

2317.4 The holder of a destroyed, lost, or stolen certificate shall be issued a duplicate certificate without charge.

2317.5 The reissued certificate shall be prominently marked as a duplicate, and the issuance of the duplicate certificate shall automatically invalidate the lost, destroyed, or stolen certificate.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7076 (March 4, 1977); 35 DCRR §317, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2318 MODIFICATION OF CERTIFICATES

2318.1 If the information contained in the certificate is no longer accurate due to the holder’s changed circumstances, the holder shall, in accordance with § 208 of the Act (D.C. Official Code § 7-2502.08 (2013 Supp.)), submit the certificate and a statement concerning the changes.

2318.2 A duplicate certificate showing the changes as reported shall be issued without charge.

2318.3 Issuance of the duplicate certificate shall automatically invalidate the previously held certificate.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7076 (March 4, 1977); 35 DCRR §317, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2319 EXECUTORS AND ADMINISTRATORS

2319.1 The executor or administrator of an estate in the District of Columbia containing a firearm shall notify the Firearm Registration Section of his or her appointment or qualification, as the case may be, not later than thirty (30) days after the appointment or qualification and, until the lawful distribution of any such firearm, shall be subject to § 301(b) of the Act.

2319.2 The notice required under § 2319.1 shall include the following:

(a) The name, mailing address, and telephone number of the executor or administrator;

(b) The registration number of the firearm, if available, or a description of the firearm including, the make, model, and serial number; and

(c) The name and address of the decedent.

2319.3 Persons qualified to file a petition for distribution or for waiver of administration under Chapter 7 of Title 20 of the D.C. Official Code shall be considered to be executor or administrator of the small estate for the purposes of this section.

2319.4 If the Director determines that the firearm was not registered or was otherwise possessed in violation of the Act, the Director shall so notify the executor or administration in writing.

2319.5 If the executor or administrator receives a notification issued under § 2319.4, he or she shall, within seven (7) days of receiving the notification:

(a) Surrender the firearm to the Firearm Registration Section;

(b) Lawfully remove the firearm from the District;

(c) Lawfully dispose of the firearm; or

(d) Submit a written appeal to the Director of the determination issued under § 2319.4.

2319.6 The executor or administrator shall not distribute any firearm in an estate to an heir or legatee that resides in the District unless the person to inherit or receive the firearm has first obtained a valid registration certification for the firearm. The registration application shall include a statement by the applicant that he or she seeks to gain possession of a firearm which is part of an estate and shall include the information required under § 2319.2.

2319.7 For an heir or legatee that resides outside the District, the executor or administrator shall notify the Firearm Registration Section, in writing, that the firearm in the estate has been distributed to a person living outside the District.

History

• SOURCE: Final Rulemaking published at 24 DCR 2607 (September 30, 1977); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2320 PROCEDURES AND REQUIREMENTS FOR REGISTRATION OF A PISTOL FOR THE PURPOSE OF SELF-DEFENSE WITHIN APPLICANT’S HOME

2320.1 In addition to satisfying all other firearms registration requirements in this chapter, an applicant for a registration certificate for a pistol to be used for the purpose of self-defense within that person’s home shall comply with all the procedures and requirements of this section. In the event of any irreconcilable conflict between this section and any other regulations regarding the registration of a pistol, this section shall control.

2320.2 The Director may register a pistol so long as the pistol is not an assault weapon, or a machine gun as those terms are defined in § 101(3A) and (10) of the Act (D.C. Official Code § 7-2501.01(3A) & (10) (2013 Supp.)), or an unsafe firearm prohibited under § 504 of the Act (D.C. Official Code § 7-2504.04 (2012 Repl.)).

2320.3 An applicant seeking to register a pistol he or she will purchase from a firearms dealer pursuant to this section shall:

(a) Acquire the firearm registration application (P.D. 219) either from any licensed firearms dealer in the District of Columbia, or in person at the Firearms Registration Section at the Metropolitan Police Department headquarters, or by mailing a request with a self-addressed, stamped envelope to Firearms Registration Section, Metropolitan Police Department, 300 Indiana Avenue, NW, Washington, D.C. 20001;

(b) Obtain assistance necessary to complete the application by presenting the firearm registration application to a firearms dealer licensed under federal law either:

(1) Located inside the District if the firearm is purchased within the District; or

(2) Located outside the District if the firearm is purchased outside the District;

(c) Appear in person at MPD headquarters to take these steps:

(1) Report to the Firearms Registration Section with the completed firearm registration application and provide the following:

(A) [RESERVED];

(B) A valid driver’s license or a letter from a physician attesting that the applicant has vision at least as good as that required for a driver’s license; and

(C) Residency verification, such as a District of Columbia driver’s license or identification card, a current rental agreement, or a deed to property that includes a home;

(2) Complete a firearm registration test;

(3) If successful on the test, pay all applicable fees at the MPD cashier, including thirty-five dollars ($35) for fingerprinting and thirteen dollars ($13) for a firearm registration; and

(4) Present a fee receipt and submit to fingerprinting.

(d) Await notification from the Firearms Registration Section via mail, telephone, or other electronic communication on whether all statutory and regulatory requirements for registration have been satisfied;

(e) Upon notification that all statutory and regulatory requirements for registration have been satisfied, an applicant shall either:

(1) Return to the Firearms Registration Section to complete the registration process and obtain the approved firearms registration certificate; or

(2) Choose to receive the completed firearms registration certificate by mail; and

(f) Present the approved firearm registration application to the dealer licensed under federal law or, if federal law such as 18 U.S.C. § 922 prohibits the dealer from delivering the pistol to the applicant because the dealer is not within the District of Columbia, have that firearms dealer transport the pistol to a dealer located within the District, where the applicant will take delivery of the pistol.

2320.4 [RESERVED].

2320.5 An applicant seeking to register a pistol legally possessed in another jurisdiction pursuant to this section shall follow the procedure laid out in Paragraphs (a), (c), (d), and (e) of § 2320.3, in that order. If the applicant does not transport the pistol immediately to the Firearms Registration Section upon bringing it into the District, the applicant shall contact the Firearms Registration Section by calling 202-727-4275, providing notification that a pistol from another jurisdiction has been brought into the District, and then begin the application process within forty-eight (48) hours of such notification.

2320.6 [RESERVED].

2320.7 In the event of the loss, theft, or destruction of the registration certificate or of a registered pistol, a registrant shall immediately file a police report and shall also:

(a) Immediately notify the Firearms Registration Section in writing of the loss, theft, or destruction of the registration certificate or of the registered pistol (including the circumstances, if known) upon discovery of such loss, theft, or destruction; and

(b) Immediately return to the Firearms Registration Section the registration certificate for any pistol which is lost, stolen, or destroyed.

2320.8 [RESERVED].

2320.9 When permitted under this section to transport a pistol, the pistol shall be unloaded, and neither the pistol nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.

2320.10 If the transporting vehicle does not have a compartment separate from the driver’s compartment, the pistol or ammunition shall be contained in a locked container other than the glove compartment or console, and the pistol shall be unloaded.

2320.11 If the transportation is in a manner other than in a vehicle, the pistol shall be:

(a) Unloaded;

(b) Inside a locked container; and

(c) Separate from any ammunition.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4382 (June 5, 2009); as amended by Final Rulemaking published at 58 DCR 8240 (September 23, 2011); as corrected by Errata Notice published at 58 DCR 8577 (October 7, 2011); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2321 QUALIFICATIONS AND PROCEDURES TO OBTAIN A FIREARMS DEALER’S LICENSE

2321.1 A person is eligible to become a licensed dealer of firearms if that person:

(a) Is eligible to register a firearm under this chapter;

(b) Is eligible under federal law to engage in such business; and

(c) Has not previously violated any statutory duty of a licensed dealer if that person earlier was a licensed dealer.

2321.2 The license issued to a firearms dealer shall be valid for a period of not more than one (1) year from the date of issuance.

2321.3 To deal firearms lawfully, the holder of a firearms dealer’s license must also comply with any other license or zoning procedures required by law, including having a certificate of occupancy and a basic business license issued by the Department of Consumer and Regulatory Affairs in accordance with applicable provisions in the District of Columbia Municipal Regulations.

2321.4 Prior to applying to the Firearms Registration Section for a firearm dealer’s license, an applicant must first obtain a Federal Firearms Dealer’s License issued by the Bureau of Alcohol, Tobacco, and Firearms.

2321.5 Each application for a dealer’s license and renewal shall be made on a form prescribed by the Chief, shall be sworn to or affirmed by the applicant, and shall contain:

(a) All information required by § 203 of the Act (D.C. Official Code § 7-2502.03 (2013 Supp.));

(b) The address where the applicant conducts or intends to conduct his/her business;

(c) Whether the applicant, prior to September 24, 1976, held a license to deal in deadly weapons in the District; and

(d) Such other information as the Chief may require including, but not limited to, fingerprints and photographs of the applicant.

History

• SOURCE: Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4385 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2322 [RESERVED]

24 DCMR § 2323 DISTRICT ROSTER OF HANDGUNS DETERMINED NOT TO BE UNSAFE

2323.1 The Metropolitan Police Department shall establish the District Roster of Handguns Determined Not to be Unsafe (District Roster). Pursuant to § 504(e)(4) and 504(f) of the Act (D.C. Official Code § 7-2505.04 (e)(4) & (f) (2012 Repl.)), the District Roster shall constitute the roster of pistols that may be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia notwithstanding § 504(a) of the Act, and that may be owned or possessed within the District of Columbia notwithstanding § 504(b) of the Act.

2323.2 The District Roster shall include:

(a) Any pistol that is on the California Roster of Handguns Certified for Sale (also known as the California Roster of Handguns Determined Not to be Unsafe) (California Roster), pursuant to California Penal Code § 12131, as of January 1, 2009, unless such pistol is an unregisterable firearm pursuant to § 202 of the Act (D.C. Official Code § 7-2502.02 (2013 Supp.));

(b) Any pistol that was listed on the California Roster prior to January 1, 2009, which was, or is subsequently, removed from the California Roster for any reason not related to the pistol’s safety;

(c) Any pistol listed on the January 1, 2009, Maryland Department of State Police Official Handgun Roster, as of January 1, 2009, published as Attachment A to this section, unless such pistol is an unregisterable firearm pursuant to § 202 of the Act (D.C. Official Code § 7-2502.02 (2013 Supp.)); and

(d) Any pistol listed on the Commonwealth of Massachusetts Executive Office of Public Safety and Security Approved Firearms Roster, as of April 2, 2009, published as Attachment B to this section, unless such pistol is an unregisterable firearm pursuant to § 202 of the Act (D.C. Official Code § 7-2502.02 (2013 Supp.)).

2323.3 A pistol shall be deemed to be included on the District Roster if another pistol made by the same manufacturer is already listed and the unlisted pistol differs from the listed firearm only in one (1) or more of the following features:

(a) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.

(b) The material from which the grips are made.

(c) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the pistol.

(d) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the pistol.

2323.4 Any applicant seeking to have a pistol registered under § 2323.3 shall provide to the Chief all of the following:

(a) The model designation of the listed firearm.

(b) The model designation of each firearm that the applicant seeks to have registered under this section.

(c) A statement, under oath, that each unlisted pistol for which registration is sought differs from the listed pistol only in one (1) or more of the ways identified in § 2323.3 and is in all other respects identical to the listed pistol.

2323.5 Any decision refusing registration pursuant to this section may be appealed to the Chief pursuant to § 210 of the Act (D.C. Official Code § 7-2502.10 (2012 Repl.)), and thereafter to the Office of Administrative Hearings, pursuant to D.C. Official Code § 2-1831.03(b-2) (2012 Repl.). In any such appeal, the applicant shall bear the burden of demonstrating that the Chief’s decision should be reversed and registration permitted.

2323.6 The make and model of any pistol registered pursuant to §§ 2323.3 through 2323.5 shall be recorded by the Metropolitan Police Department in such a manner to allow the Chief to waive the requirements of § 2323.4 in the event an additional applicant seeks registration for an identical pistol.

History

• SOURCE: Final Rulemaking published at 56 DCR 8745 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 4782 (June 19, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013). ATTACHMENT A MARYLAND DEPARTMENT OF STATE POLICE Official Handgun Roster January 1, 2009 Manufacturer Model Name Model Number Caliber Agrozet National CZ-83 .380 ACP Alchemy Arms Spectre 9mm, .40 S&W, .45 ACP Aldo Uberti & Co. 1851 Rich. Conv .38 SP, .38 Colt, .44 Colt 1858 Remington Conversion 1000/01/02/03/04/05/10/11/12/13 .45LC, .38 Sp, .32-20, .44-40 1860 Rich. Conv .38 SP, .38 Colt, .44 Colt 1873 .22 LR, .44/40 1875 Outlaw .357 MAG 1875 Schofield Cavalry & W. Fargo .44-40, .45 LC 1875 Top Break .357 Mag., .45LC, 44-40 Bisley .44-40, .45 LC, .44 MAG, .357 Mag. Buck Horn .44 MAG Cattleman .22 LR, .22 MAG, .357 MAG,.38 SP, 44-40, .45 LC Regulator .357 MAG, .44-40, .45 LC Regulator Delux .357 MAG, .44-40, .45 LC Regulator Sher. .357 MAG, .44-40, .45 LC Regulator Store .357 MAG, .44-40, .45 LC Replicas .38, .44 Rolling Block Target Pistol 1871 Cat 1548 .22LR, .22 Mag, .22 Horn, .222 Rem, .223 Rem, .45 Colt, .357 Mag Russian .44 Russian Sing Act Commem All Single Action .357 MAG, .44/40, .45 LC Smoke Wagon 4105/06/07/08/09/10/11/12 .45 LC, .38 Sp, .44-40, .357 Mag Official Handgun Roster January 1, 2009 Page 1 of 73 Manufacturer Model Name Model Number Caliber Stallion .22 MAG Stampede SAA .357 Mag., .45 Colt AMAC/Iver Johnson Pony .380 ACP TP22 .22 LR TP25 .25 ACP Trailsman .22 LR Amadeo Rossi S.A. 283 .32 S&W 293 .32 S&W 483 .22 LR 518 .22LR 720 Hammerless .44 SP Cyclops .357 MAG Lady Rossi .38 SP M 31 .38 SP M 51 .22 LR M 511 Sportsman .22 LR M 515 .22 LR or .22 Mag M 677 .357 MAG M 68 .38 SP M 70 .22 LR M 720 .44 S&W Special M 84 .38 SP M 841 .38 SP M 85 .38 SP M 851 .38 SP M 853 .38 SP M 877 .357 MAG M 88 .38 SP M 89 .32 S&W Official Handgun Roster January 1, 2009 Page 2 of 73 Manufacturer Model Name Model Number Caliber M 94 .38 SP M 941 .38 SP M 95 .38 SP M 951 .38 SP M 97 .357 MAG M 971,M 971-VRC .357 MAG Amadeo Rossi S.A. (Braztech) R851 .38 Spl., .357 Mag., .22 LR, .17 HMR R971 .38 Spl., .357 Mag., .22 LR, .17 HMR R972 .38 Spl., .357 Mag., .22 LR, .17 HMR R 351, R 352 .357 MAG, .38 SP R 461, R 462 .357 MAG, .38 SP Amer. Frontier Firearms 1851 Richards N .38, .38 SP, .44 Russian 1871-72 Models .38, .38 SP, .44 Russian Remington New Army Models .38SP, 44RUS&SP, 44- 40, .45 LC Richards &Mason 1851 Navy .38, .38 SP, .44 Russian Richards 1860- Army & 1861 Navy .38, .38 SP, .44 Russian American Arms, Inc. CX-22 Classic .22 LR CXC-22 .22 LR EP-380 .380 ACP MX-9 9mm P-98 .22 LR PK-22 .22 LR PX-22 .22 LR Sabre .40 S&W, 9mm Woodmaster .22 LR American Western Arms Official Handgun Roster January 1, 2009 Page 3 of 73 Manufacturer Model Name Model Number Caliber Longhorn 1873 Army .44 SP, .45 LC, 32/20, 38/40, 38/357, 44/40 Peacekeeper 1873 Army 32/20, 38/40, 38/357, 44/40, .44 SP, .45 LC AMT or IAI/AMT .380 Backup II .380 ACP .45 ACP Backup .45 ACP 400 Accelerator .400 Corbon Automag II .22 MAG Automag III .30 CAR, 9mm WIN Automag IV .45 WNMG Automag V AMT-00050 .50 AE Backup .22 LR, .380 ACP Backup DAO .38 SUP, 9mm, .40 S&W,.380 ACP Commando .40 S&W Government .45 ACP Hardballer .45 ACP Hardballer Long .45 ACP Javelina 10mm Lightning .22 LR Lightning Bulls .22 LR On Duty 9mm, .40 S&W Skipper .40 S&W Anschutz Exemplar .22 LR Varmint Pistol 17LP .17 HMR Varmit-Target 64P .22 LR, .22 Mag,.223.22- 250 Arcus Arcus 94 9mm, .40 S&W Compact 94 9mm, .40 S&W ArmaLite Official Handgun Roster January 1, 2009 Page 4 of 73 Manufacturer Model Name Model Number Caliber AR-24, AR-24 Special 9mm AR-24, AR-24 Special 9mm AR-24k, AR-24k Special 9mm Armi San Marco 1851 Rich. Conv .38 SP, .38 Colt, .44 Colt 1860 Army Black Powder Conversion .44 Colt, .38 Colt 1860 Rich. Conv .38 SP, .38 Colt, . 44 Colt Schofield Mil. .44-40 Sing Act Commem All Armi San Marco (Cimarron Arms) 1861 Rich. Conv .32 WCF, 32-20 1861 Rich. Conv .38 SP, .38 Colt, .44 Colt Frontier 6 Shtr All as of 4/30/96 All as of 4/30/96 New Thunderer All as of 4/30/96 All as of 4/30/96 Peacemaker All as of 4/30/96 All as of 4/30/96 Pinched Frame .45 LC Schofield Mil. .45 LC Sheriff's Model All as of 4/30/96 All as of 4/30/96 Single Act Army All as of 4/30/96 All as of 4/30/96 Sp. Ed. SAA All as of 4/30/96 All as of 4/30/96 Storekeeper All as of 4/30/96 All as of 4/30/96 Armi San Marco (Traditions) 1873 SAA .45 LC, 44-40, .22LR, .357 MAG Blk. Pwdr. Conv .38 SP, 44 Colt, 38 Colt Blk. Pwdr. Conv 32-20, .32 WCF, 44-40, .45SCHO Arms Corp. Philippines Det. Chief M200 DC .38 SP Police M200 P .38 SP Special Edition 100 TC .38 SP Thunder Chief M200 TC .38 SP Official Handgun Roster January 1, 2009 Page 5 of 73 Manufacturer Model Name Model Number Caliber Arsenal (Bulgaria) Makarov 9X18 mm, .380 ACP Astra 250 .38 680 .38 A-100 9mm, .45 ACP, .40 S&W A-100 Car. Comp 9mm, .40 S&W, .45 ACP A-60 .380 ACP A-70 9mm A-75 9mm, .40 S&W, .45 ACP A-80 .38 SUP, .45 ACP, 9mm A-90 .45 ACP, 9mm Constable .22 LR, .380 ACP M 357(Big Bore) .357 MAG M 41 (Big Bore) .41 MAG M 44 (Big Bore) .44 MAG M 45 (Big Bore) .45 ACP Sport .22 LR Australian Automatic Arms SAP .223 CAL Auto Ordnance 1911A1 10mm Commemorative 1911A1 .45 ACP Competition 1911-A1 .45 ACP Government 1911A1 .38 SUP, .45 ACP, 9mm Pit Bull ZG51 1911A1 .45 ACP The General 1911 Thompson .45 ACP Thompson 1911A1 .40 S&W Thompson 1927A-1 TA5 .45 ACP Baikal - (Russia) MC-55-1 .22 Official Handgun Roster January 1, 2009 Page 6 of 73 Manufacturer Model Name Model Number Caliber TOZ-35M .22 Vostok .22 LR Vostok MC 55 .22 LR Vostok TOZ 35 .22 LR Baikal or IMEZ - (Russia) IJ-70 Models All 9mm Makarov & .380 IZH35M .22 LR, .32 ACP Beeman Precision Arms, Inc. Mini P-08 Auto .380 ACP P-08 Auto Pis. .22 LR Beeman/Unique D.E.S. 32U Rapid Fire Match .32 S&W Benelli B76 .30 LUGER, 9mm B77 .32 ACP B80 .30 LUGER Benelli 9MM 9mm MP3S .32 SWLWC MP90S .22 LR, .32 S&W,WC MP95E .22 LR, .32 WC Beretta USA 21 Bobcat .22 LR 70-S .22 LR, .380 ACP 71 .22 LR 76 .22 LR 81-BB .32 ACP 87 Cheetah .22 LR 87-BB Cheetah .22 LR 89 Gold Standard .22 LR 90-Two 9mm, .40 S&W 98-FS 9mm Official Handgun Roster January 1, 2009 Page 7 of 73 Manufacturer Model Name Model Number Caliber M-89-BB .380 PB-765 .22 LR 21-A (Bobcat) All as of 4/30/96 .22 LR, .25 ACP 3032 (ThunCat.) .32 ACP 3032 (Tomcat) All as of 4/30/96 .32 ACP 84 (Cheetah) All as of 4/30/96 .380 ACP 85 (Cheetah) All as of 4/30/96 .380 ACP 86 (Cheetah) All as of 4/30/96 .380 ACP 9000S (F or D) 9mm, .40 S&W, .357 SIG, .45ACP 92 All as of 4/30/96 9mm 950 (Jetfire) All as of 4/30/96 .22 SH, .25 ACP, .22 LR 96 All as of 4/30/96 .40 S&W Cougar 80357 .357 SIG Cougar 8045 .45 ACP Cougar F 8000 or Model 95 9mm Cougar F, G, D 8040 .40 S&W Cougar G,D 8000 9mm M9 9mm Mini Cougar 8000/8040 D,F or G 9mm, .40SW Mini Cougar 8045F .45 ACP Neos U22 .22 LR Px4 Storm Type F, D, G, C Px4 Storm Type F, D, G, C 9mm, .40S&W .45 ACP (Model Addition D,G,C) Px4 Storm Sub Compact Type F, D, G, C 9mm, .40 S&W Stampede SAA .357 Mag., .45 Colt Target 87 .22 LR Bernardelli PO18, PO18/9, PO18C 7.65mm, 9mm, 9X21mm 100 .22 LR 69 .22 LR Official Handgun Roster January 1, 2009 Page 8 of 73 Manufacturer Model Name Model Number Caliber 80 .22 LR, .380 ACP 90 .22 LR, .32 ACP AMR .22 LR, .380 ACP P. One 9X21 mm, 9X19 mm, .40 S&W PO10 .22 LR U.S.A. .22 LR, .380 ACP Bersa 223 .22 LR 224 .22 LR 226 .22 LR 23 & 23 NKL .22 LR 383 .380 ACP 83 & 83 NKL .380 ACP 85 .380 ACP 86 .380 90 9mm Firestorm .22 LR, .32 ACP, .380 ACP Mini Firestorm .45ACP, 9mm, .40 S&W Series 95 .380 ACP Thunder 380 .380 ACP Thunder 380 Matte Plus .380 ACP Thunder 40 .40 S&W Thunder 45 .45 ACP Thunder 9 9mm BF Arms Single Shot Pis ALL Bond Arms Century 2000 .357 SIG,.357 Mag, .357 Max, .32 H&R, .22Mag, .38-40, .44-40 Century 2000 .45 LC, 450 Super Bond, .44 Mag, 10mm, 9mm, .40 S&W, .22 LR Official Handgun Roster January 1, 2009 Page 9 of 73 Manufacturer Model Name Model Number Caliber Ranger .45Colt/.410 Gauge Snake Slayer BASS .40S&W,.357Max/Mag, .38SPl, 9mm, .32 H&R mag, .22LR Snake Slayer BASS 45/410,.45Colt,450SuperB ond,.44Special,44- 40,.45GAP,10mm Snake Slayer IV .410/.45LC Texas Defender with trigger guard Texas Defender with trigger guard .32 HR, 38/357, 9mm, .45 Colt. .40 S&W, .44 MAG/.44 SP,.45 ACP, .45 Super, .44 Russian Texas Defender with trigger guard .40 S&W, .44 MAG/.44 British Firearms Ltd. 2000 .22 BRNO or CZ CZ2075 Rami 9mm, .40 S&W CZ75 Compact 9mm, .40 S&W CZ75 P-01 9mm, .40 S&W CZ75B 9mm, .40 S&W CZ75BD 9mm, .40 S&W CZ75D Compact 9mm, .40 S&W CZ75SA 9mm, .40 S&W Cadet 75 .22 LR CZ-100, CZ-101 9mm,.40 S&W,.45 ACP,.357 SIG CZ-40, CZ-40B .40 S&W CZ-50 .32/7.65 CZ-75 9mm, .40 S&W CZ-83 .32 ACP, .380 ACP CZ-85 7.65, 9mm CZ-97B .45 ACP, .40 S&W Brolin Arms L45 .45 ACP Official Handgun Roster January 1, 2009 Page 10 of 73 Manufacturer Model Name Model Number Caliber L45C .45 ACP P45 Comp .45 ACP P45C Comp .45 ACP Pro-Comp .45 ACP Pro-Stock .45 ACP Browning 40 S&W HiPower 2W05P24 .40 S&W 425 .380 BDA .380 ACP BPM-D 9mm, .40S&W, .357 SIG, .45 ACP Buckmark All .22 LR Challenger I, II, or III .22 CAL Double-Mode BDM 9mm High Power G. P. Practical 9mm High Power G.P. Competition 9mm High Power G.P. Sport 9mm High Power Mark II 9mm High Power Mark III S 9mm High Power Military Nato 9mm High Power Vigilante 9mm HiPower Capitan 2405144 9mm Hi-Power Standard 51003: 494, 493, 394, 393 9mm, .40S&W HP-Practical Adj. Sights .40 S&W HP-Practical Adj. Sights 9mm Pro-9, Pro-40 051251393, 051252394 9mm, .40 S&W Browning Fabrique Nat. High Power 9mm Bruni, S.P.A. Jaguar-80 .32 BUL Transmark, Ltd. M-5 & M-5 Frame All .40 S&W, .45 ACP Official Handgun Roster January 1, 2009 Page 11 of 73 Manufacturer Model Name Model Number Caliber M-5 & M-5 Frame All 9X19, 9X21, 9X23, .38 SUP Calico 950 9mm M110 .22 LR Caspian Arms Ltd. Frames All All M1911 Style .45 ACP CCF Raceframes LLC Alloy Glock Pistol Frame N/A N/A Century Gun Distributing Inc Model 100 .45-70 Model 300 .30-30 Model 300 .375 WIN Model 400 .444 MAR Model 500 .50-70 Charles Daly 1873 .357Mag, .45 LC ZDA 9mm, .40 S&W 1911A1 Empire EFST, ECMT, EFS, ECS, EMS .45 ACP, .38 Super, 9mm, .40 S&W 1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS .45 ACP, 9mm, .38 SUP, .40 S&W 1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS EFST, EFS, EMS, ECS Daly HP HP 9mm DDA 10-45 .45 ACP, 9mm, .38 SUP, .40 S&W Field 1911-A1P .45 ACP M-5 Daly M-5: Ultra-X, IPSC, Government, .45 ACP, 9mm, .40 S&W Commander Charter 2000 357 Pug .357 Mag. Charter Arms/CHARCO Mag Pug & Target Mag Pug 73520, 73521, 73540, 13520 .357 Mag. Official Handgun Roster January 1, 2009 Page 12 of 73 Manufacturer Model Name Model Number Caliber Patriot 73270, 73274 All Calibers Pink Lady N/A .38 SP Undercover Lite 53820 .38 SP Charter Arms/CHARCO INC. Bonnie .32 H&R Bulldog .44 SPL Bulldog Pug .44 SPL Bulldog Tracker .357 MAG Clyde .38 SP Explorer II&SII 9228 & 9228S .22 LR Off Duty .22 LR, .38 SPL Pathfinder .22LR/MG Pit Bull 9mm Police Bulldog .32 H&R, .38 SPL, .44 SPL Police Undercov .32 H&RMG, .38 SPL Target Bulldog .357 MAG, .44 SPL Undercover .38 SP Chiappa Firearms Puma Bounty Hunter .45 LC, .44 MAG, .44/40 Winchester Chip McCormick Corp. 1911A1 Frame Forged Custom Grade .45 ACP, .38 SUP, 9mm, .40 SW Frames MCS-38 & MCS-45 .38 Sup & .45 ACP Chipmunk Silhouette .22 LR Cimarron Arms Rich Mason Conv 1851 Navy 1860 Army .38 SP, .44 Colt, .45 Schofield .44-40 Cimarron Arms (Aldo Uberti) 1872 Open Top .38SP/CT, .44SP/CT/RUS, .45SCH Official Handgun Roster January 1, 2009 Page 13 of 73 Manufacturer Model Name Model Number Caliber 1875 Remington .357 MAG, .44 WCF, .45 Colt 1890 Remington .357 MAG, .44 WCF, .45 Colt Lightning .22 LR, .32-20, .32 H+R Mag. Lightning .38SP/CT, .44SP/CT/RUS, .45SCH P .22 LR, .32 H+R Mag. P .38 SP, .38 Colt, .44 Colt P Jr. .22LR .38SP .38SW .32- 20 .32SW P Jr. .32 H+R Mag. Single Act. Arm .22 LR, .357 MAG, .38 WCF Single Act. Arm .44 S&WSP, .44 WCF, .45 Colt Single Act. Tar .22 LR, .22 MAG, .357 MAG Single Act. Tar .38 WCF, .44 S&WSP, .44 WCF Single Act. Tar .45 Colt Single Act.Lg F .44 MAG Colt/Colt's Mfg. Co., Inc. .380 S'80 Govt. All .380 ACP 1860 Army Black Powder Conversion .44 Colt 1861 Navy Black Powder Conversion .38 LC 22 Target .22LR Agent All .38 SP Albany Tricente G2261AT .22 LR All Amer. 2000 All 9mm Anaconda All .44 MAG, .45 LC Boa All .357 MAG Cobra All .38 SP Colt 22 All as of 4/30/96 .22 LR Comb Cmndr S'80 All .38 Sup, 9mm, .45 ACP Official Handgun Roster January 1, 2009 Page 14 of 73 Manufacturer Model Name Model Number Caliber Combat Elite All .40S&W,10mm,.45 ACP,.38 SUP Combat Stallion O9848CS .45 ACP Combat Target All .45 ACP Comm.Ltwt. S'80 All .45 ACP Commanding Off. O9186 OR O9046 .45 ACP Commando Spec. All .38 SP Cowboy .45LC, .44MAG, .44-40, .357MAG Custom Comb. 10 O2011CC 10mm Custom Competit 9mm .40 S&W .45 ACP .357 SIG Dbl. Eag. S'90 All 9MM.38 SUP.45 ACP,10mm .40SW Defender 9mm .40 S&W .45 ACP .357 SIG Delta 10 Series 80 10mm Delta Elite All 10mm Delta Gold Cup All 10mm Detective Spec. All .38 SP Diamondback All .22 LR, .38SP Doub. Dia. Offs O1986 .45 ACP Doub. Dia. Pyth I1986 .357 MAG DS-II .38 SP El Dorado O5138ED .38 SUP El General O2575 .38 SUP El Jeffe O1070EJ .38 SUP Elt Team Pistol O2014 10mm Elt Team Pistol O8014 .45 ACP Gold Cup Cmndr. O4070, O4070GS .45 ACP Gold Cup Cmndr. O4870 .45 ACP Gold Cup El O5245GCE .45 ACP Gold Cup Elite O5842 .40 S&W Gold Cup Elt 40 05842GCE .40 S&W Official Handgun Roster January 1, 2009 Page 15 of 73 Manufacturer Model Name Model Number Caliber GoldCp MKIV S80 All .45 ACP, .38SUP, 9mm Govt Pocketlite All .380 ACP Heirloom .45 ACP King Cobra All .357 MAG Lawman MK V All .357 MAG Limited Class 01991LCM .45 ACP M1991A1 .45 ACP Magnum Carry .357 MAG Match 10 Pistol O2010MT 10mm MKIV/S'80 Govt. All .38SUP, 9mm .45ACP .40S&W .22LR Model 1991 A1 All .45 ACP, 9mm Mustang All .380 ACP Mustang Pktlt. All .380 ACP Mustang Plus II All .380 ACP NCO Special Ed. O9845NC .45 Night Defender 07000NDF .45 ACP Night Officer II .45 ACP Nite Lite .380 ACP Officers Match O50700M .45 Off's ACP S'80 All .45 ACP Peacekeeper All .357 MAG Pocket Nine 9mm Police Positive .38SP Pony .380 ACP Python All .357 MAG SAA All All SF-VI .38 SP Silver Stallio O9847SS .45 ACP Snake Eyes I3021SE & I3620SE .357 MAG Spc Ligtwgt Com O4540LWC .38 SUP Official Handgun Roster January 1, 2009 Page 16 of 73 Manufacturer Model Name Model Number Caliber Special Edtns. All with 1970 & 1991 .45 ACP Super Stallion O5240SS .38 SUP Tank Officers C O4616T0 .45 ACP Texas 150TH Pre P2840TP .45 LC Trooper MK V All .357 MAG Ultra Elt Gover O6395UE .380 GOVT Ultra Ten O5012UT 10mm Whitetailer V8385 & AA3080WT .357 MAG Comanche Comanche I .22 LR Comanche II .38 Spl. Comanche III .357 Mag. Super Comanche .45LC/.410 Gauge Competition Arms Competitor Single Shot All Coonan Arms A and B .357 MAG Cadet .357 MAG Daewoo DH-380 .380 ACP DH-40 .40 S&W DP-51 9mm DP-52 .22 LR Dan Wesson 22 .22 LR, .22 MAG 357 .357 MAG, .357 MAX 38 .38 SPL 41 .41 MAG 44 .44 MAG 45 .45 LC 32/732 32/732 .32 MAG Official Handgun Roster January 1, 2009 Page 17 of 73 Manufacturer Model Name Model Number Caliber 375 Super Mag 375 375 S.MG. 445/7445 445/7445 445 SUP MG Patriot CL Bobtail .45 ACP Dan Wesson Firearms/NYI Compensated Ser All .357, .41, .44, .45, .460 Row. Compensated Ser All .357++ .357SM .414SM .445SM Large Frame Ser All .41, .44, .45, .357++, .460 Pointman All .45 ACP Small Frame Ser All .22LR/MAG .32 .32-20 .38 .357 Stnd Silhouette All .22LR, .357++, .41M, Stnd Silhouette All .357SM, .414SM, .445SM Super Ram Sil. All .22LR, .41, .44, .357++ Super Ram Sil. All .414SM, .445SM, .357SM SuperMag Frame All .357SM, .414SM, .445SM Davis Industries P-32 .32 ACP P-380 .380 ACP Detonics 9-11-01 .45 ACP, .38 Super Combat Master MARK V .38 SUP, .45 ACP, 9mm Combat Master MARK VI .38 SUP, .45 ACP, 9mm Combat Master MARK VII .38 SUP, .45 ACP, 9mm Combat Master MC-1 .38 SUP, .45 ACP, 9mm Combat Master MC-2 .38 SUP, .45 ACP, 9mm CombatMaster .45 ACP, .40 S&W, .357 Sig, .38 Super, 9mm Compmaster .45 ACP Janus Scoremast .45 ACP, .451 MAG Ladies Escort .45 ACP Pocket 380 .380 Official Handgun Roster January 1, 2009 Page 18 of 73 Manufacturer Model Name Model Number Caliber Pocket 9 9mm Pocket 9 L S 9mm Power 9 9mm Scoremaster .45 ACP, .451 MAG Servicemaster .45 ACP StreetMaster .45 ACP Dilo Svratouch, Gottwaldovo Drulov 75 F.P. .22 LR Dlask DAC 394 9mm D-Max Sidewinder L-5 .375 Win D-Technik Skorpion VZ61 .32 ACP E.A. Brown Mfg. Sing. Shot Pist All All E.A.A./F. Tanfoglio Bounty Hunter EASAB & EASAC .22LR/MAG Bounty Hunter EASAM B/C/6 .22LR/MAG Bounty Hunter EASAM B6/C6 .22LR/MAG Bounty Hunter EASAMB9 .22LR/MAG Bounty Hunter EASAMBR6 .22LR/MAG Carry Comp. 9mm, .40S&W European EA 22 T .22 LR European EA 22B, EA 22C .22 LR European EA 32B, EA 32C .32 ACP European EA 380 DAB/C/BC .380 ACP European EA 380B, EA 380C .380 ACP FAB-92LB 9mm, .40 S&W, .45 ACP Witness 9X21, .38 SUP, 10mm, .22LR Witness EA10 10mm Official Handgun Roster January 1, 2009 Page 19 of 73 Manufacturer Model Name Model Number Caliber Witness EA38 .38 SUP Witness EA40 B/C/BC/SS .40 S&W Witness EA40 LB/LC/LBC/LSS .40 S&W Witness EA40 Ported .40 S&W Witness EA41 B/C/BC/SS .41 AE Witness EA41 LB/LC/LBC/LSS .41 AE Witness EA41 Ported .41 AE Witness EA45 B/C/BC/SS .45 ACP Witness EA45 LB/LC/LBC/LSS .45 ACP Witness EA45 Ported .45 ACP Witness EA9 B/C/BC/SS 9mm Witness EA9 LB/LC/LBC/LSS 9mm Witness EA9 Ported 9mm Witness FAB 92 9mm, .45 ACP, .40 S&W Witness Frames (See notes on last page) Witness P 9mm .40 S&W .45 ACP .357 SIG Witness Sport 9mm, .41AE, .40S&W, .45ACP Witness Sport 9X21, .38 SUP, 10mm, .22LR Witness Sprt/LS 9mm,.41AE,.40S&W,.45A CP,9X21 Witness Sprt/LS 9X21,.38 SUP, 10mm, .22LR Wtns Gold Team .38 SUP, 10mm, .22LR Wtns Gold Team 9mm,.41AE,.40S&W,.45A CP,9X21 Wtns LTD/UNLTD 9mm, .41 AE, .40 S&W, .45 ACP Wtns LTD/UNLTD 9X21, .38 SUP, 10mm, .22LR Wtns Slvr Team .38 SUP, 10mm, .22LR Wtns Slvr Team 9mm,.41AE,.40S&W,.45A CP,9X21 Official Handgun Roster January 1, 2009 Page 20 of 73 Manufacturer Model Name Model Number Caliber Wtns Sprt LSP 9X21, .38 SUP, 10mm, .22LR E.A.A./Hermann Weihrauch Big Bore Bounty Hunter .357 MAG, .41 MAG, .44 MAG Big Bore Bounty Hunter .44/40, .45 LC Windicator .357 MAG E.M.F. (Alder-Jager) Dakota and Dakota Bisley .22 LR, .32-20, .357 MAG Dakota and Dakota Bisley .38-40, .44 SPL, .44-40, .45LC E.M.F. (Aldo Uberti) 1875 Remington .357 MAG, .44-40, .45 LC 1890 Remington .357 MAG, .44-40, .45 LC Hartford Premier I&II .45 LC, 32/20, 38/40, 44/40, .357 E.M.F. (San Marco) New Hartford .22 LR, .32-20, .357 MAG New Hartford .38-40, .44 SPL, .44-40, .45LC New Mod. Dakota .22 LR, .32-20, .357 MAG New Mod. Dakota .38-40, .44 SPL, .44-40, .45LC Ed Brown Products California Kobra Carry KC-SS-CAL .45 ACP Classic Custom C-BB,C-SB,C-SS .45 ACP Executive Carry EC-BB,EC-BB-A,EC-SB,EC-SB-A,EC- .45 ACP SS,EC-SS-A Executive Elite E-BB,E-BB-A,E-SB, E-SB-A,E-SS,E-SS--A .45 ACP Kobra K-BB,K-BB-A,K-SB,K-SB-A,K-SS,K-SS-A .45 ACP Kobra Carry KC-BB,KC-BB-A,KC-SB,KC-SB-A,KC- .45 ACP SS,KC-SS-A El Dorado Arms Inc. El Dorado .22 LR, .357 MAG, .357 MAX El Dorado .375 SMAG, .41 MAG, .44 MAG Official Handgun Roster January 1, 2009 Page 21 of 73 Manufacturer Model Name Model Number Caliber El Dorado .45 LC Enterprise Arms, Inc. Elite P325 .45 ACP Frame Kit Govt, Cmndr, Officer Tactical P325 .45 ACP Titleist P500 .45 ACP, .40 S&W Trnmnt. Shooter .45 ACP Erma-Werke 772 .22 LR 773 .32 S&WL 777 .357 Mag. EP 22 .22 EP459 .380 Erman KGP 69 .22 LR ESP-85A .22 LR KGP 68, KGP 68A .380 ACP KGP 68A (PO-8) .380 ACP, .32 ACP, .22 LR KGP 69 .22 LR Mini PO8 .380 P08 .22 LR PK22 .22 Erma-Werke GMBH EP380 .380 ACP Essex 1911A1 Receiver (See note on last page) Commander Rec. (See note on last page) Excam/Targa GT 22B/C/T .22 LR GT 32B/C .32 ACP GT 380B/BE/C, GT380CE/XE .380 ACP RX - 38 .38 Sp. Official Handgun Roster January 1, 2009 Page 22 of 73 Manufacturer Model Name Model Number Caliber Excel Arms Accelerator MP 17 .22 MAG, 17 HMR Accu-Tek HC-380 .380 ACP F LLI Pietta Great Western II 1873 Californian .357 Mag., .44/40, .45 Colt F. Lle Pietta Liberty 1873 .357 MAG,.44-40,.44 MAG,.45LC F. Tanfoglio AT 84DA 9mm AT 88 9mm E 15MB/C .22 E 32 .32 E 380B/C .380 GT 22 .22 TA 226M .22 TA 380 .380 TA 76, TA76M .22 TA 90 9mm TA 90 Baby 9mm TZ 5B/C 9mm TZ 75B/C 9mm F.A.P.A. M87 Tala .22 F.A.S. OP 601 .22S SP 602 .22 LR F.E.G. 40 RZ .40 S&W AP9 (PA63) .380 B9R .380 ACP Firebird T/58 9mm Official Handgun Roster January 1, 2009 Page 23 of 73 Manufacturer Model Name Model Number Caliber FP9 9mm GKK45 .45 ACP GKK-92C 9mm Mark II AP22 .22 LR MarkII-APK & AP .380 ACP MBK-9HP GR 1031 9mm MBK-9HP Compact P-9RC 9mm Model 74 7.65mm P9M 9mm P9R 9mm P9RK 9mm PA 63 .380, 9mm Makarov PJK-9HP GR 1066 9mm Para PMK-380 GR 1007 .380 ACP PPH .380 ACP R-61 .380 R-9 9mm SMC-22 .22 LR SMC-380 .380 ACP T-58 9mm & 7.62 Tokarev F.I.E. Cowboy CWB3, CWB6 .22 LR Cowboy CWMB3, CWMB6 .22CMBO. Gold Rush GRMS3 .22CMBO. Gold Rush GRMS4, GRMS6 .22CMBO. Gold Rush GRS3, GRS4, GRS6 .22 LR Little Ranger TEX22B3, TEX22MB3 .22 LR, .22CMBO SSP SSP .380 ACP Standard S22B2, S22MB2 .22 LR, .22WMR Standard S32B2 .32 H&R Standard S38B2 .38 SP. Official Handgun Roster January 1, 2009 Page 24 of 73 Manufacturer Model Name Model Number Caliber Texas Ranger TEX22B, TEX22B7 .22 LR Texas Ranger TEX22B9 .22 LR Texas Ranger TEX22MB .22CMBO. Texas Ranger TEX22MB7, TEX22MB9 .22CMBO. Titan 25 E28B/BG/C, E27B/BG/C .25 ACP Titan 25 LADY 25 .25 ACP Titan II E22B .22 LR Titan Tiger N38B2, N38B4 .38 SP F.I.E. Corp./CBC Silhouette Pist 722TP .22 LR F.I.E. Corp./F. Tanfoglio Buffalo Scout E15AT/B/C .22 LR Buffalo Scout E15MAT/MB/MC .22COMBO Super Titan II S380B .380ACP Titan II E380B/C .380ACP TZ-75 Govt. 9mm TZ-75 Pistol TZ41B/BC/C .41AE DA TZ-75 Pistol TZ9B/BC/C 9MM D.A. Yellow Rose E15LTD/MGW .22COMBO F.I.E. Corp./Hermann Weihrauch Golden Hombre 3575G, 3577G .357 MAG Golden Hombre 445G, 447G .44 MAG Golden Hombre 455G, 457G .45 COLT Hombre 3575, 3577 .357 MAG Hombre 445, 447 .44 MAG Hombre 455, 457 .45 COLT Fabrica Armi Sportiv CF603 .32 S&W Falcon Arms Portsider .45 ACP Feather Industries, Inc. Official Handgun Roster January 1, 2009 Page 25 of 73 Manufacturer Model Name Model Number Caliber Mini-AT .22 LR Federal Ordnance, Inc. PSP-07 Combat C GC-0955 10mm PSP-07 Combat C GU-0916 .45 ACP Ranger 10 GU-0953 10mm Ranger Alpha GU-0956 thru GU-0959 .45 ACP Ranger Alpha GU-0960 thru GU-0963 10mm Ranger Alpha GU-0964 thru GU-0967 .38 Sup Ranger Ambo GU-0741 .45 ACP Ranger Ext GU-0742 .45 ACP Ranger Frames GU-0438, GU-0439 (See Notes on last page) Ranger G.I. GU-0740 .45 ACP Ranger Lite GU-0952 .45 ACP Ranger Supercom GU-0915 .45 ACP Ranger Supercom GU-0980 10mm Rgr MKII L-Fram GU-0179, GU-0180 .45 ACP Feinwerkbau AW-93, AW-93 Light, AW-93 AW-93, AW-93 Light, AW-93 US .22 LR, .32 S&W Long US Fiocchi Munizioni SP GPO Internation .22 SHORT MP32 Internatio .22 LR Standard Pistol .22 LR Firearms International 5000 Combat .45ACP .38SUP .40S&W .357 SIG Firestorm 45 Gov't, Mini- Compact, Compact .45 ACP Firestorm 380 .380 ACP Mini Firestorm 9mm, .40 S&W FM Hi Pow, M95 Det 9mm, .40 S&W, .45 ACP Official Handgun Roster January 1, 2009 Page 26 of 73 Manufacturer Model Name Model Number Caliber FM (Fab. Militar de Armas Por) Classic 9mm Detective 9mm Hi Pow Comp Det 9mm Hi-Power 90 9mm FN Herstal FNP-45 .45 ACP FNP-9, FNP-40 9mm, .40 S&W BDA-9 9mm, .357 SIG, .40 S&W BDAO 9mm, .357 SIG, .40 S&W Five-Seven IOM 5.7 x 28mm Forty Nine Pist 9mm, .357 SIG, .40 S&W Hi Power DA, DAO, SA 9mm, .40 S&W, .38 SUP Freedom Arms 83 .50 AE 83 .500 WE 83 252 Sil., Varm Class .22 LR/MAG 83 353 Casull .357 MAG/.38SP 83 44 MAGNUM .44 MAG/SP 83 45 .45 LC/ACP/Win. Mag. 83 454 .454 CAS 83 654 .41 MAG 83 83-Series 757 .50 AE, 475 Linebaugh 97 .41 MAG, .32- 20/H&R/ACP .44 SP 97 1997 .22 LR/MAG, .45 LC/ACP 97 1997 .38SP, .357MAG, .44 MAG, 44-40 Fundulun (Ind. Argentina) P-22 P-22 .22 LR Fusion Firearms 1911 Series 70 Frame Gov; Commander; Officer Official Handgun Roster January 1, 2009 Page 27 of 73 Manufacturer Model Name Model Number Caliber Gamba (Italy) Comp Mod Compct SAB G91 9mm Competition Mod SAB 90 9mm Mauser HSc Mod. 80 (HSc Super) .32/7.65 Mauser HSc Mod. 80 (HSc Super) .380/9MMK Serv Mod Compct SAB G91 9mm Service Model SAB G90 9mm Gaucher GN1, Sil. Pist. .22 LR GP .22 LR German Sport Guns (GSG) GSG 5 Pistol GSG 5 P; GSG 5 PK .22 LR GSG 5 Pistol GSG 5 P; GSG 5 PK .22 LR Glock 37 .45 GAP 38 .45 GAP 39 .45 GAP 17, 17C 9mm 17L 9mm 19, 19C 9mm 20 SF 10mm 20, 20C 10mm 21 SF MB P72150202 .45 ACP 21, 21C .45 ACP 22, 22C .40 S&W 23 C .40 S&W 23 Compact .40 S&W 24 .40 S&W 26, 26C 9mm 27, 27C .40 S&W 29, 29C 10mm Official Handgun Roster January 1, 2009 Page 28 of 73 Manufacturer Model Name Model Number Caliber 29SF 10mm 30 SF .45 ACP 30, 30C .45 ACP 31, 31C .357 SIG 32, 32C .357 SIG 33, 33C .357 SIG 34 9mm 35 .40 S&W 36 .45 ACP Grendel P-12 .380 ACP Hammerli 107 .22 LR 150 .22 LR 152 .22 LR 208 .22 LR 208 S .22 LR 212 .22 LR 215 .22 LR P232 .22S SP-20 .22 LR, .32SWLWC Target Pistol 280 .22 LR, .32 S&WL X-Esse .22 LR Harrington & Richardson 504 .32 H&R 532 .32 H&R 586 .32 H&R 622 & 623 .22 SLLR 632 & 633 .32 S&WL 649 & 650 .22 LR, .22 MAG 686 .22 LR, .22 MAG Official Handgun Roster January 1, 2009 Page 29 of 73 Manufacturer Model Name Model Number Caliber 732, 733 .32 S&WL 904 .22 LR 922 Second Issue,923 .22 LR 926 .22 LR, .38 S&W 929 & 930 .22 LR 939 Ultra .22 LR 949 & 950 .22 SLLR 976 .22 SLLR 999 Second Issue .22 LR Heckler & Koch P2000SK 9mm, .357 SIG, .40 S&W, .45 ACP SP2000 9mm, .40 S&W, .357 SIG, .45 ACP 4 9mm Expert 9mm, .40S&W, .45ACP, .357 SIG HK 4 7.65 HK 45 Compact HK45C .45 ACP HK45 .45 ACP MK23-USSOCOM 9mm, .40 S&W, .45 ACP P10 Jubilee 9MM X 19 P30 N/A 9mm P30L N/A 9mm P4 .22 P7 9mm P7K3 .22 LR, .380 P7M10 M10 .40 S&W P7M13 9mm P7M8 9mm USP .357 SIG USP 40 .40 S&W USP 45 .45 ACP Official Handgun Roster January 1, 2009 Page 30 of 73 Manufacturer Model Name Model Number Caliber USP 9 9mm USP Tact. Match .45 ACP, .357 SIG, 9mm, .40S&W USP-Compact 9mm,.40 S&W,.45 ACP, .357 SIG VP 70Z 9mm Hege Jagd Sing. Act. .357 MAG Helwan Brigadier 9mm Herbert Schmidt HS 21 .22 HS 21S .22 LR HS 38S .38 Sierra .38 Texas Scout .22 Heritage Mfg. Co. Rough Rider Big Bore RR45, RR357, RR4440 .357 Mag., .44-40, .45 Colt Rough Rider All .22 LR/.22 MAG, .17HMR Rough Rider All .22 LR/.22 MAG, .17HMR Rough Rider All .32 H&R Mag, .32 S&W Long, .32 S&W Long Colt Hermann Weihrauch (Arminius) 7228 .22 ARM357 .357 ARM445 .357 ARM455 .45 HW-357 .357 HW384TB .38 HW386TB .38 HW38T .38 HW4T .22, .32 HW522TB .22 LR Official Handgun Roster January 1, 2009 Page 31 of 73 Manufacturer Model Name Model Number Caliber HW532TB .32 S&W HW5T .22, .32 Hi Point Firearms 40 .40 S&W 45 .45 ACP 9MM 9mm CF .380 ACP JS Series Comp. 9mm High Standard Man. Co., Inc. 10X .22 LR Citation II .22 LR M1911A1 HSTX1911 .45 ACP Olympic ISU .22 Short Sharpshooter .22 LR Sport King .22 LR Sup. Citation .22 LR Sup. Trophy .22 LR Tournament .22 LR Victor .22 LR HS HSC HSC55 .22 LR HSK HSK45 .22 LR HSO HSO67 .22 LR HSS HSS55 .22 LR HST HST55 .22 LR HSV HSV55 .22 LR Intrac HS2000 9mm, .40 S&W, .357 SIG Intratec Skorpion TEC-22 .22 LR Israel Arms Int., Inc. Official Handgun Roster January 1, 2009 Page 32 of 73 Manufacturer Model Name Model Number Caliber M5000 & M6000 9mm, .40 S&W, .45 ACP Israel Military Indu Desert Eagle .357 MAG, .44 MAG, .50 MAG Desert Eagle Baby .45 ACP Desert Eagle Baby 9mm, .40 S&W, .41 AE Jericho 45FS .45ACP Jericho 941 9MM/41AE Magnum .41 MAG Magnum Massada .357MAG, .41AE, .44MAG, .50AE Mini Massada 9mm, .40 S&W, .45 ACP Ithaca 50th Annivers. 1911A-1 .45 ACP J.G. Anschutz 1416 P Unlimitd .22LR/HRN 1416 P XIV Unlm .22LR/HRN Exemplar .22 HRN, .22 LR Exemplar Left .22LR/HRN Exemplar XIV .22LR/HRN J.P. Sauer & Sons 6 Shooter .22 M Chief Marshall .357 MAG Deluxe .357 P-357 .357 Western Marshal .357 JSL Ltd. Spitfire 9mm Kahr Arms CW40 .40 S&W CW9 9mm KP45 .45 ACP Official Handgun Roster January 1, 2009 Page 33 of 73 Manufacturer Model Name Model Number Caliber KT9, KT40 9mm, .40 S&W PM40 .40 S&W TP40, TP9, TP45 .40 S&W, 9mm, .45 ACP CW 45 CW 4543 .45 ACP E9 9mm, .40 S&W, .45 ACP K40 .40 S&W K40 Covert 9mm, .40 S&W K9 9mm KP40 .40 S&W MK40 .40 S&W MK9 9mm P380 KP3833 .380 ACP P-9 & P-40 9mm, .40 S&W PM 45 PM 4543 .45 ACP PM9 9mm Kelby's Inc. Stolle Cub Pist .222, .308 & PPC Kel-Tec P3AT .380 PF9 9mm P-11 9mm P-40 .40 S&W Kimber Comp Al Stnl All .40 S&W, .45 ACP Comp Al Stnl II All .40 S&W, .45 ACP Compact All .45 ACP, .40 S&W Compact Carry .45 ACP, .40 S&W Compact CDP .45 ACP Compact CDP II All .45 ACP Compact Custom 9mm .40 S&W .45 ACP .357 SIG Compact II All .45 ACP Official Handgun Roster January 1, 2009 Page 34 of 73 Manufacturer Model Name Model Number Caliber Compact Stnl All .40 S&W, .45 ACP Compact Stnl II All .40 S&W, .45 ACP Crown Custom II Special Edition .45 ACP Cust Eclipse II All .45 ACP Cust Target II All .45 ACP Custom .45 ACP Custom CDP All .40 S&W, .45 ACP Custom CDP II All .45ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Custom Crimson Carry II .45 ACP Custom II All .45 ACP Custom Royal .45 ACP Custom Stnless. .45 ACP Custom Target All .45 ACP Desert Warrior .45 ACP Eclipse Custom II All .45 ACP, .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig. Eclipse Pro II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Eclipse Pro Target II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Eclipse Target II All .45 ACP, .38 SUP, 9mm Eclipse Target II All .45 ACP, .38 SUP, 9mm Eclipse Ultra II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Elite Carry .45 ACP Gld Comb Stn II All .45 ACP Gld Mat Stnl II All .45 ACP Gold Comb Stnl All .45 ACP Gold Combat All .45 ACP Gold Combat II All .45 ACP Gold Guardian .45 ACP Official Handgun Roster January 1, 2009 Page 35 of 73 Manufacturer Model Name Model Number Caliber Gold Match .45 ACP Gold Match II All .45 ACP Gold Match Stainless II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Gold Match Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Gold Mtch Stnls All .38 SUP, 9mm, .40 S&W, .45 ACP Grand Raptor .45 ACP Grand Raptor II .44 ACP LTP II All .45 ACP, .38 Sup., .40 S&W, 9mm, 10mm, .357 Sig. Ply ProCar Stnl All .45 ACP PlyStnl Gld Mat All .45 ACP Poly Gold Match All .38 SUP, 9mm, .40 S&W, .45 ACP Poly Stainless All .45 ACP Polymer All .45 ACP, .38 SUP, 9mm, .40 S&W Polymer Custom .45 ACP Polymer Pro Car All .45 ACP Predator .221 FIRE, .223 REM, 7MM TCU Pro Carry All .45 ACP, .40 S&W Pro Carry HD All .45 ACP Pro Carry HD II All .38 Sup., 9mm, 10mm, .40 S&W, .357 Sig, .45ACP Pro Carry HD II All .38 Sup., 9mm, 10mm, .40 S&W, .357 Sig, .45ACP Pro Carry II All .45 ACP Pro Carry Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Pro CDP .45 ACP Pro CDP II All .40 S&W, .45 ACP Official Handgun Roster January 1, 2009 Page 36 of 73 Manufacturer Model Name Model Number Caliber Pro Elite .45 ACP Pro Raptor II .45 ACP, 10mm, .38 Super Pro SLE .45 ACP Pro Tactical II/Tactical Pro II .45 ACP Pro Tactical II/Tactical Pro II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Pro TLE II Pro TLE II .45 ACP ProCar Stnls II All .40 S&W, .45 ACP ProCarry Stnls All .40 S&W, .45 ACP Raptor II .45 ACP, 10mm, .38 Super Rimfire Target II 17M2 .22, .17 Mach2 Royal Carry .45 ACP Royal II All .45 ACP SIS Custom RL .45 ACP SIS-PRO .45 ACP Stainelss Target II All .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig., .22 LR Stainless All .17 HM2 Stainless All .38 SUP, 9mm, .40 S&W, .45 ACP Stainless II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig., .22 LR Stainless II All .45 ACP Stainless Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. StnGldMat SE II All .38 SUP, .45 ACP Stnless. Covert .45 ACP Stnls Target II All .45 ACP Stnlss Target All .17 HM2 Stnlss Target All .38 SUP, 9mm, .40 S&W, .45 ACP Super Match .22 LR, .17 HM2 Super Match .45 ACP Super Match II All .45 ACP Official Handgun Roster January 1, 2009 Page 37 of 73 Manufacturer Model Name Model Number Caliber Tactical Custom II All .45 ACP, .40 S&W, .38 SUP., 9mm, 10mm, .357 Sig. Target Match .45 ACP Team Match II .38 Super Team Match II .45 ACP TLE II .45 AP TLE II R .45 ACP Ult Carry Stnls All .40 S&W, .45 ACP UltCar Stnls II All .40 S&W, .45 ACP Ultra RCP II .45 ACP Ultra Carry All .40 S&W, .45 ACP Ultra Carry II All .45 ACP Ultra CDP All .40 S&W, .45 ACP Ultra CDP II All .40 S&W, .45 ACP Ultra Elite All .45 ACP Ultra Raptor .45 ACP Ultra SP II Special Edition .45 ACP Ultra Tactical II .45 ACP Ultra Tactical II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Ultra Ten II All .45 ACP US Team Match II .45ACP Warrior .45 ACP, 10mm, .38Super Korriphila GMBH HSP 701 .45 ACP, 9mm Korth GMBH 1979 .32/357 Combat .357 MAG Semi-automatic .357 Sig, .40 S&W, 9mm, 9x21 Tactical .45 ACP KSN Industries, Inc. Official Handgun Roster January 1, 2009 Page 38 of 73 Manufacturer Model Name Model Number Caliber Golan 9 MM & .40 S&W Kareen Compact 9mm Kareen MK II 9mm, .40 S&W L.A.R. Grizzly .357 MAG, .357/45, .45 ACP Grizzly .45 WM, 10mm Grizzly G44M4 .44 MAG Grizzly 50 Mark V .50 AE Laseraim Arms Series I 1015 -FS, AS, LS, US 10mm Series I 4513 -FS, LS .45 ACP Series I 4515 -FS, AS, LS, US .45 ACP Series II 1025 -FS, AS, LS, US 10mm Series II 4523 -FS .45 ACP Series II 4525 -FS, AS, LS, US .45 ACP Series III 1035 -FS, AS 10mm Series III 4535 -FS, AS, LS .45 ACP Warthog 453WS, 403WS .45 ACP, .40 S&W Wild Weasel 405WS, 405WHS .40 S&W Wild Weasel 455WS, 455WHS .45 ACP Les Baer Custom 1911 S.R.P. .45 ACP Baer Premier II .45 ACP Baer S.R.P. .45 ACP Bullseye Wadcut .38 SUP, .45 ACP Concept I,II .45 ACP Concept III,IV .45 ACP Concept IX,X .45 ACP Concept V,VI .45 ACP Concept VII .45 ACP Concept VIII .45 ACP Official Handgun Roster January 1, 2009 Page 39 of 73 Manufacturer Model Name Model Number Caliber Custom Carry .45 ACP Monolith/Hvywt. 9mm, .40 S&W, .38 SUP, .45 ACP N.M. Hardball .45 ACP Premier II 9mm, .40 S&W, .38 AUP, .45 ACP Premier II .400 .40 S&W Premier II 6" .45 ACP Prowler III .45 ACP Prowler IV .45 ACP, .38 SUP Stinger 9mm, .40 S&W, .38 SUP, .45 ACP Target Master 1911 .45 ACP Thunder Ranch 9mm, .40 S&W, .38 SUP, .45 ACP Ult Mast Combat .45 ACP Ult. Mast. Para .45 ACP Ultimate Master 9mm, .40 S&W, .38 SUP, .45 ACP UltMast Compen. .45 ACP UltMast ParaLtd .45 ACP X-treme Tactical Pistol LBP2310/ETP .45 ACP Llama 111-A .380 ACP Comanche III .357 MAG Comp. Frm IXD .45 ACP Comp. Frm MAX-I .45 ACP IX-A .45 ACP IX-B (Compact) .45 Lrg. Frm. IXC .45 ACP Lrg. Frm. MAX-I .45 ACP M-82 9MMP M-87 9mm Max II .45 ACP, 9mm, 10mm Official Handgun Roster January 1, 2009 Page 40 of 73 Manufacturer Model Name Model Number Caliber MAX-I .45 ACP MAX-I-Govt. 9mm, .45 ACP Micromax .380 ACP Minimax 45,40,9 .45 ACP, .40 S&W, 9mm Omni 9mm Super Comanche .44 MAG VIII .38 SUP X-A .32 ACP XIB 9mm XII-B - 40DTC .40 S&W XV .22 LR M.O.A. Maximum All Maadi Co Helwan 9mm Magnum Research BFR Little Max .454 Cas, .45 LC, 22 H, .50 AE BFR Maxine .45 LC, .45-70, .444 Marlin BFR N/A .480 Ruger/.475 Linebaugh, .460 S&W, .450 Marlin, 30-30 Winchester, .500 S&W Desert Eagle .357 MAG, .44 MAG, .50 AE Lone Eagle All Micro Desert Eagle ME 380 .380 ACP Mountain Eagle MEP 2201 .22 LR Picuda ML-1722 .22 LR, .17 HMR Manchester Arms Comm. Mini-45 .45 ACP, 9mm Manurhin MR 22 .22 MR 32 .32 Official Handgun Roster January 1, 2009 Page 41 of 73 Manufacturer Model Name Model Number Caliber MR 73 .357 P-1 9mm PP .22 LR PPK/S .22 LR, .32 ACP, .380 ACP Match Guns MG2 MG2 .22 LR Mateba 6 Unica .44 Remington Mag. Mauser 80 SA 9mm 90 Compact DA 9mm 90 DA 9mm HSC .32/7.65, .380/9MMK Metro Arms American Classic II - 1911 1911 45ACII & AC45G Government Model Mil, Inc. Thunder 5 .45LC/.410,9MM,38/357,. 380.44M Mitchell Arms Inc. Am. Eag. Luger P-08 9mm Army Model .22LR, .357 MAG, .44 MAG,.45LC Gold Series Standard or Wide .45 ACP HS Citation II HSCITSS5/7 .22 LR HS Sharpshooter II - HSSHFSS5 .22 LR HS Sport KingII HSKNGSS4/6 .22 LR HS Trophy II HSTPHSS5/7 .22 LR HS Victor II HSVIC 554/5/DTS/WRS .22 LR HSOlympic ISUII HSISUSS6 .22 SH Morini Single Shot 84E .22 LR Navy Arms Official Handgun Roster January 1, 2009 Page 42 of 73 Manufacturer Model Name Model Number Caliber 1875 Sch Cavlry Deluxe, Engraved .44-40, .45 Colt 1875 Sch Hdout. .44-40, .45 Colt 1875 Sch WlsFrg Deluxe, Engraved .44-40, .45 Colt New Mod Russian .44 Russian Schofield .44-40 New England Firearms Standard Revolv R22-091 & R22-001 .22 WIN Standard Revolv R22-092 & R22-002 .22 WIN Standard Revolv R73-021 & R73-022 .32 H&R Standard Revolv R73-031 & R73-032 .32 H&R Standard Revolv R92-002 .22 LR Standard Revolv R92-091 & R92-001 .22 LR Standard Revolv R92-092 & R92-093 .22 LR Ultra Revolver R22-094 & R22-095 .22 WMR Ultra Revolver R73-095 & R73-094 .32 H&R Ultra Revolver R92-094 & R92-095 .22 LR Nighthawk Custom Dominator 1911 .45 ACP, 9mm, 10mm, .40 S&W, .357 Sig Enforcer 1911A1 .45ACP,9mm, 10mm, .38 Super, .22LR, .40 S&W Enforcer II 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR GRP 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP Recon 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Predator .45ACP, .22LR, ,38 Super, 9mm, 10mm, .40 S&W Predator II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Predator III 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, Official Handgun Roster January 1, 2009 Page 43 of 73 Manufacturer Model Name Model Number Caliber T 3 1911 .45 ACP, 9mm, 10mm, .40 S&W, .357 Sig Talon II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon III 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon IV 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR Talon Recon Rail .45 ACP, .22LR, .40 S&W, .38 Super, 10mm, Norinco 1911-A1 .45 77B 9mm M1911 Pistol .45 ACP M-213 9MM Makarov 59 .380 ACP, 9X18 Mini-NZ75 Pist. 9MM NP-15 & NP-15A 9mm PS-01 Pistol .22 LR Sportsman M-93 .22 LR Tokarev 54-1 7.62x25, 9mm Type NZ75 Pist. 9mm Norinco - Navy Arms TT Olympia WOP022 .22 LR North American Arms Guardian .32 ACP, .380 ACP, .25NAA, .32NAA Guardian .32 ACP, .380 ACP, .25NAA, .32NAA Nowlin Mfg. 7 X Excaliber (a.k.a. Dominator) 9mm, .38 SUP, 9X23 Carry 9mm, .40 S&W, .45 ACP, 9X23 Challenger 9mm .38S 9X23 .40S&W .45ACP Official Handgun Roster January 1, 2009 Page 44 of 73 Manufacturer Model Name Model Number Caliber Crusader 9mm .38S 9X23 .40SW .45ACP Match Classic 9mm .38S 9X23 .40S&W .45ACP Match Master .38 SUP, 9X23, .45 ACP Mickey Fowler .45 ACP World Cup PPC All Olympic Arms Wolverine .22 LR Ordnance Technology SSP-91 All Pachmayr Dominator All Pacific Arms Corp Frame 1911A1 .45 ACP Para-Ordnance 1911 SSP .45 ACP 7.45 LDA .45 ACP CCW .45 ACP, 9mm, .40 S&W F14-45 or F16-45GR (See Notes on last page) LTC .45 ACP, 9mm, .40 S&W OPS .45 ACP, 9mm, .40 S&W P10 Series .45 ACP, .40 S&W P12-45 Series .45 ACP P12-LDA .45 ACP, .40 S&W, 9mm P13-45 Series .45 ACP P14.45 LDA .45 ACP P14-10,10C,10S 10mm P14-40 Series .40 S&W P14-45 Series .45 ACP P15-10,10C,10S 10mm P15-40 Series .40 S&W Official Handgun Roster January 1, 2009 Page 45 of 73 Manufacturer Model Name Model Number Caliber P16-10,10C,10S 10mm P16-40 Series .40 S&W PX938S .38 Super Tac-S .45 ACP, 9mm, .40 S&W Black Watch SSP & Companion .45 ACP, 9mm, .40 S&W Carry .45 ACP, 9mm, .40 S&W Carry 12 .45 ACP, 9mm, .40 S&W Carry 9 CWX79R 9mm Colonel .45 ACP, 9mm, .40 S&W Companion Carry Option CCO .45 ACP, 9mm, .40 S&W D1640LDA .40 S&W Hawg 9 WHX129R 9mm Hi-Cap, Hi-Cap Limited .45 ACP, 9mm, .40 S&W P18 P10 D18 T18 All 9mm Para Carry C6.45LDA 9mm, .40 S&W, .45 ACP Para Companion C7.45LDA 9mm, .40 S&W, .45 ACP Stealth Carry .45 ACP, 9mm, .40 S&W Stealth Hi-Cap .45 ACP, 9mm, .40 S&W Stealth Limited, Limited .45 ACP, 9mm, .40 S&W Stealth P14-45 rename # 1100 Tac-Four, Spec Ops Tac-Four .45 ACP, 9mm, .40 S&W Warthog rename #1169 Pardini Armi GT45, GT45S, PC45, PC45S .45 ACP GPO Internation .22 S GPS .22 S MP32 .32 SWL SP & HP .22 LR, .32L Peter Stahl GMBH M1911 .45, 10mm, 9mm Phelps Official Handgun Roster January 1, 2009 Page 46 of 73 Manufacturer Model Name Model Number Caliber Eagle I .44 Heritage I .45-70 Phillips & Rodgers Medusa 47 .38, .357, 9mm Phoenix Arms HP-22 .22 LR Precision Small Arms Precision PSA 25 GR4000 .25 ACP Quality Firearms, Inc. SO38B2/SO38B4 .38 Sp. SAA Western Ranger .22 LR Radom MAG 95 9mm P-83 9mm RAM-LINE, Inc. Exactor RPR 2215 .22 LR Exactor-Target RPT 2238 .22 LR Randall Combat .45 .45 ACP Raider/Service .45 ACP, 9mm Service Model A-111 .45 ACP Remington Arms Co., Inc. XP100 All XP-100 Custom All XP-100R KS All Republic Arms of South Africa RAP 401 9mm, .40 S&W RAP 440 9mm .40 S&W .45 ACP .357 SIG Republic Arms, Inc. Patriot .45 ACP Rexio Official Handgun Roster January 1, 2009 Page 47 of 73 Manufacturer Model Name Model Number Caliber RJ-38 .38 Spl. Pucara 226 .22 LR Pucara 324 .32 SWL Pucara 326 .32 SWL Pucara 384 .38 SP Rock Island Armory Governmnt, Commander, 1911A1 .45 ACP, .38 SUP, 9mm Officers Hi-cap Government 1911A1 .45 ACP Rock River Arms Inc. Basic Ltd Match 9mm, .38SUP, .40 S&W, .45 ACP Bullseye Wadcut .45 ACP Frame Ltd. Match 9mm, .38SUP, .40 S&W, .45 ACP Nat Match Steel 9X23, .38SUP, .40S&W, .45ACP Nat Mtch Hrdbll .45 ACP Standard Match 9mm, .38SUP, .40 S&W, .45 ACP Ult Mtch Achiev 9X23, .38 SUP, .40S&W, .45ACP Rohrbaugh Firearms R9, 380 R9, 380 9mm, .380 RPM or Rock Pist. Man. Inc. Merrill Sportsm All XL Pistol All S R L Adler Revolver .357 Mag. Single Action .45 LC S.A.M. 1911 Std, BT(HS,Com), Com .45 ACP Safari Arms Enforcer SA AL356 E (ALUM.) .45 ACP Official Handgun Roster January 1, 2009 Page 48 of 73 Manufacturer Model Name Model Number Caliber Enforcer SA17-4E (STAINLESS) .45 ACP Enforcer SA20D, SA20E .45 ACP Enforcer SA60A, SA60B, SA60C .45 ACP Enforcer SA8630 E (STEEL) .45 ACP Enforcer Short Grip SA20C .45 ACP Matchmaster SA 17-4M (SS) .45 ACP Matchmaster SA AL356 M (ALUM.) .45 ACP Matchmaster SA8630 M (STEEL) .45 ACP Matchmaster Frm SA20, SA20A, SA20B (See Notes on last page) Matchmaster Frm SA32SS (SS KIT) (See Notes on last page) Matchmaster Frm SA348630 (STL. KIT) (See Notes on last page) Sardius or Sirkis SD9 9mm Savage Arms Striker .17 HMR Striker .22 LR/MAG Striker .22-250 .243 .308 WIN .223 REM Seecamp LWS-.32 .32 ACP LWS380 LWS380 .380 Sig Sauer/Sigarms Inc. 220R .45 ACP P-210 (1,2,5,6) .22 LR, 7.65mm, 9mm P-220 .22 LR P-220 .38 SUP, .45 ACP, 9mm P-225 9mm P-226, P-226 Jubilee .22 LR P-226, P-226 Jubilee 9mm, .40 S&W, .357 SIG P-228 9mm Official Handgun Roster January 1, 2009 Page 49 of 73 Manufacturer Model Name Model Number Caliber P-229 .22 LR P-229 .357 SIG, 9MM, .40 S&W P-229S 9mm, .40 S&W, .357 SIG P-230 .380 ACP P-232 .380 ACP, .32 ACP P-239 9mm, .357 SIG, .40 S&W P-245 .45 ACP, .40 S&W P250 C , P250, P250 Sub-compact 9mm, .40 S&W, .357 SIG, .45 ACP Sig Pro SP2009 9mm, .40 S&W, .357 SIG Sig Pro SP2340 .40 S&W, 9mm, .357 SIG Trailside .22 LR GSR 1911 1911 .45 ACP Mauser M2 9mm, .40S&W, .357 SIG, .45 ACP Mosquito .22 LR Sig Pro SP2022 9mm, .357 Sig, .40 S&W Skyy Industries CPX-1 9mm Smith & Wesson 042 .38 SP 0845 .45 ACP 10 .38 SP 1006,1026,1046,1086 10mm 1066(NS), 1076(NS) 10mm 12 .38 SP 13 .357/.38 14 .38 SP 15 .38 SP 16 .32 Mag. 17 .22 LR 18 (22 Comb. Mast.) .22 LR Official Handgun Roster January 1, 2009 Page 50 of 73 Manufacturer Model Name Model Number Caliber 19 .357/.38 1911, SW1911DK .38 Super 1911, SW1911DK .45ACP 1911SC .45 ACP 21 .44 Spl 2206 .22 LR 2213, 2214 .22 LR 24 .44 SP 242 .38 SP+P 27 .357/.38 28 (Hwy. Patrol.) .357 Mag. 296 .44 S&W SP 31 .22 LR, .32 S&W 317 .22 LR 317 LS .22LR/MAG 325 .45 ACP 327 .357 Mag. 327 M&P .357 Mag. 329PD .44 Mag. 331 .32 H&R 332 .32 H&R 337 .38 SP+P 337 PD .38 SP 34 .22 LR, .32 CAL 342 .38 SP+P 342 PD .38 SP 351PD .22 Mag 357PD .41 Mag. 36 .38 SP 360SC .357 Mag 36LS .38 SP Official Handgun Roster January 1, 2009 Page 51 of 73 Manufacturer Model Name Model Number Caliber 37 .38 SP 38 .38 SP 386 Sc/S .357 Mag. 3904, 3906 9mm 3913, 3914, 3913 TSW 9mm 3913LS, 3914LS 9mm 3913-NL, 3914-NL 9mm 3953, 3954, 3953 TSW 9mm 40 .38 S&W Special 4003 & 4004 .40 S&W 4006, 4026, 4046 .40 S&W 4013 & 4014 .40 S&W 4043 & 4044 .40 S&W 4046 TSW .40 S&W 4053, 4054, 4053 TSW .40 S&W 41 .22 LR 410 .40 S&W 410S .40 S&W 411 .40 S&W 42 .38 Sp. 422 .22 LR 431 .32 H&R Magnum 432 .32 H&R Magnum 439 9mm 4421 .38 SP 4505, 4506 .45 ACP 4513 TSW .45 ACP 4516 .45 ACP 4526 .45 4536 .45 ACP 4546 .45 Official Handgun Roster January 1, 2009 Page 52 of 73 Manufacturer Model Name Model Number Caliber 4553 TSW .45 ACP 4556 .45 ACP 4566 FS .45 ACP 4567 .45 ACP 457 .45 ACP 4576 .45 ACP 457S .45 ACP 4586 .45 ACP 459 9mm 4596 .45 ACP 460 .38 SP 460 XVR .460 S&W Mag. 469 9mm 4690 & 4691 9mm 48 (K-22 Mast. MRF) .22 MRF 49 .38 SP 500 .500 S&W Mag. 520 .357 Mag. 52-2 .38 SP 544 .44-40 547-M 9mm 57 .41 Mag. 581 .357 Mag. 586 .357/.38 5903, 5904, 5906 9mm 5905 9mm 5906 Sp. Edition 9mm 5924 & 5926 9mm 5943, 5943SSV 9mm 5944 & 5946 9mm 5967 9mm Official Handgun Roster January 1, 2009 Page 53 of 73 Manufacturer Model Name Model Number Caliber 60 .357 Mag., .38 SP 60 .38 SP 60LS .38 SP, .357 Mag. 610 10mm 617 .22 LR 619 .357 Mag 620 .357 Mag 622, 622 VR .22 LR 624 .44 SP 627 .357 Mag. 629 Classic DX .44 Mag. 629 Hunter .44 Mag. 629 Mag Comp .44 Mag. 629 or 629 Classic .44 Mag. 63 .22 LR, .32 S&W 631, 631-LS .32 H&R 632 (Centennial) .32 H&R 637 .38 SP 638 .38 SP 639 9mm 64 .38 SP 640 .38 SP 640 (Carry Comp) .38 SP 642 (Centennial) .38 SP 642 Lady Smith .38 SP 645 .45 ACP 6450, 6451, & 6452 .45 ACP 646 .40 S&W 647 .17HMR 648 .22 Mag. 649 .357 Mag., .38 SP Official Handgun Roster January 1, 2009 Page 54 of 73 Manufacturer Model Name Model Number Caliber 65 .357/.38SP 65 Lady Smith .357/.38SP 650 (Serv. Kit Gun) .22MRF/LR 651 (Serv. Kit Gun) .22MAG/LR 657 .41 Mag. 659 9mm 6590, 6591 & 6592 9mm 66 .357/.38 6685 .357MAG/.38 SP 669 9mm 6690 & 6691 9mm 67 .38 SP 68 .38 SP 681 .357 Mag. 686 Mag Comp .357 Mag. 686, 686 Carry Comp .357 Mag. 6904 & 6906 9mm 6924 & 6926 9mm 6944 & 6946 9mm 696 .44 SP 745 .45 ACP 908 9mm 908S 9mm 909 9mm 910 9mm 910S 9mm 915 9mm 940 (Centennial) 9mm 945 .45 ACP 952 9mm, .40 S&W, .357 SIG M&P .45 ACP Official Handgun Roster January 1, 2009 Page 55 of 73 Manufacturer Model Name Model Number Caliber M&P 9mm, .40 S&W, .357 Sig M&P 340 .357 Mag. M&P 360 .357 Mag. M&P40C, M&P9C, M&P357C .40 S&W, 9mm, .357 Sig SW99 .45 ACP SW99 Compact .45 ACP, 9mm, .40 Cal. SW990L .45 ACP, 9mm, .40 S&W #3 Schofield .45 Schofield, .45 S&W .357 MAG K-Comp .357 Mag. 22A, 22S Target or Sport .22 LR 25 All as of 4/30/96 .45 COLT 29 All as of 4/30/96 .44 Mag. 38 Super 8-Shot 627 .38 SUP 40 Tactical 4003, 4043, 4006 .40 S&W 45 Tactical 4566 4563 4583 4586 .45 ACP 625 All as of 4/30/96 .45 ACP 629 Backpacker .44 Mag. 686 Competitor, Hunter .357 Mag. 9 Tactical 5903, 5906, 5946 9mm Air Lite SC 340S,340P,360S .357 Mag. Airlite PD 325 PD .45 ACP Airlite PD 386P .357 Mag. Airlite SC Mt L .357 MAG .357 Mag. Airwt. Cent. 442 .38 SP Centennial 640-1 .357/.38SP Chiefs' Special CS9, CS45, CS40 9mm, .45 ACP, .40 S&W Clas Power Port 629 .44 Mag. Dist Comb Mag + 686 .357 Mag. Mountain Lite 396, 3960 .44 SP N/A 315 .38 S&W Special N/A 396 .44 SP Official Handgun Roster January 1, 2009 Page 56 of 73 Manufacturer Model Name Model Number Caliber PC 60 Car. Comp 60 .38 SP PC 651 651 .22 Mag. PC 66-F Comp. 66 .357 Mag. PC Shorty 45 .45 ACP Perf Cent Comp. .356 TSW, 9mm, .40 Perf. Cent. 356 .356 TC, .356 TSW .356 TSW Perf. Center 9 PC9 Compact 9mm Performance Center 686-7 .38 Sup. Shorty Forty .40 S&W Sigma Compact C or V .40 S&W, 9mm Sigma SW357 .357 SIG Sigma SW380 .380 ACP Sigma SW40F .40 S&W Sigma SW9/40 E, VE, GVE 9mm, .40 S&W Sigma SW9/40 E, VE, GVE GVE Sigma SW9F 9mm Sigma SW9M 9mm Super 9 9X19, 9X21, .356 TSW SW 99 9mm, .357 SIG, .40 S&W SW9P, SW40P 9mm, .40 S&W Tactical 45, 9, 40 .45 ACP, 9mm, .40 S&W Tactical S&W 4013TSW .40 S&W Thunder Ranch 22 .45 ACP Solothurn AT84DA 9mm AT88 9mm Sphinx AT .380 .380 ACP AT-2000 SDA/PDA/HDA 9mm/41AE AT-2000C, AT-2000GM 9mm, .40 S&W AT-2000H 9mm, .40 S&W Official Handgun Roster January 1, 2009 Page 57 of 73 Manufacturer Model Name Model Number Caliber AT-2000P/PS 9mm, .40 S&W AT-2000S 9mm, .40 S&W Competitor AT-2000 9X21 MM, .40 S&W Grand Master AT-2000 9X21 MM, .40 S&W Springfield Armory/Inc. XD-45:Service Model, LE Tactical, Sub- .45 ACP compact, V10 XD-45:Service Model, LE Tactical, Sub- .45 GAP compact, V10 1911-A1 .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 90's Edition .38S, 9mm, .45, 10mm, .40S&W 1911-A1 90's Linkless .38S, .40 S&W, .45 ACP, 10mm 1911-A1 90's Linkless Comp. .38S, .40 S&W, .45 ACP, 10mm 1911-A1 Champion .38S, 9mm, .45, 10mm, .40 S&W, 1911-A1 Collectors .45 1911-A1 Commander .40 S&W 1911-A1 Commander Compnsted. .38 SUP, .45 ACP, 9mm 1911-A1 Commemoratives ALL 1911-A1 Compact .38S, .40 S&W, 10mm 1911-A1 Compensated .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 Custom & Spec. Bld. .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 Cmp. Fr 1911-A1 .45 ACP, 9mm 1911-A1 Command .38 SUP, .45 ACP, 10mm, 9mm 1911-A1 Command 90's Edition .38 SUP, .45 ACP, 9mm 1911-A1 Command Compensated .38 SUP, .45 ACP, 9mm 1911-A1 Compact 1911-A1 .45 ACP, 9mm 1911-A1 Frame (See notes on last page) 1911-A1 SS 1911-A1 .38S, 9mm, .45, 10mm, .40 S&W Official Handgun Roster January 1, 2009 Page 58 of 73 Manufacturer Model Name Model Number Caliber 1911-A1 SS Champion Frame .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Champion Pistol .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Compact Frame .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Compact Pistol .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Frm. 1911-A1 .45 ACP, 9mm 1911-A1: ALL .45 ACP, 9mm, .38 SUP, 9X25DIL 1911-A2 S.A.S.S 1911-A2 All Defender 1911A1 .45 ACP Firecat 9mm, .40 S&W, .45 M6 22LR/45LC Micro Compact .45 ACP Omega .38S, 9mm, .45, 10mm, .40 S&W Omega "Match" .38S, 9mm, .45, 10mm, .40 S&W P-9 Comp, Cust & Sp Bld. 9mm, .40 S&W, .45, 9X21 P-9 Compact 9mm, .40 S&W, .45, 9X21 P-9 Standard 9mm, .45, .40 S&W, 9X21 P-9 Standard 90's Ed. .45, 9X21 P-9 Standard Compensated .45, 9X21 P-9 Sub Compact .45, 9X21 P-9 Ultra 9mm, .40 S&W, .45, 9X21 P-9 World Cup 9mm, .40 S&W, .45, 9X21 P-9 Comp. Frame P-9C (See notes on last page) P-9 LSP 9mm, .40 S&W, .45, 9X21 P-9 Pistol 9mm P-9 SS Frame or Compensted. 9mm, .45, .40 S&W, 9X21 P-9 SS Standard or Ultra 9mm, .45, .40 S&W, 9X21 P-9 Standard 90's Edition .40 S&W, 9mm P-9 Standard Compensated .40 S&W, 9mm Official Handgun Roster January 1, 2009 Page 59 of 73 Manufacturer Model Name Model Number Caliber P-9 Std. Frame P-9 (See Notes on last page) P-9 Sub Cmp. Fr P-9 .40 S&W, 9mm P-9 Sub Compact P-9 .40 S&W, 9mm Panther 9mm, .40 S&W, .45 V-10 .45 ACP V-16 Long Slide 9mm, .45 ACP, .357 SIG XD XD 9mm, .40S&W, .357 SIG XD 9mm, .40S&W, .357 SIG XDm-9, XDm-40 9mm, .40 S&W Stallard Arms Maverick JS-9MM 9mm Star 30M 9mm 30P, 30PK 9mm 31P, 31PK .40 S&W, 9mm BKM 9mm BM 9mm BS 9mm DKL .38 Firestar .45 ACP Firestar (M-40) .40 S&W Firestar (M-43) 9mm Firestar (M-45) .45 ACP Firestar Plus 9mm, .40 S&W, .45 ACP Megastar .45 ACP, 10mm Model B 9mm PD .45 ACP Super B 9mm Ultrastar 9mm Steyr Official Handgun Roster January 1, 2009 Page 60 of 73 Manufacturer Model Name Model Number Caliber GB80 9mm S9 9mm SPP 9mm Steyr Mannlicher M40-A1, M9-A1, M357-A1 .40 S&W, 9mm, .357 Sig. S40-A1, S9-A1, S357-A1 .40 S&W, 9mm, .357 Sig. M357 .357 SIG M40 .40 S&W M9 9mm Steyr Match FP 1800 .22 LR STI International 1911 Frame BLS-40 & LS-40 .40 S&W BLS-9 & LS-9 9mm Competitor .38 SUP Duty One 9mm, .40 S&W Eagle 5 9mm, .38 Super, .40 Eagle 5.1 & 5.5 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Eagle 6 9mm, .38 Super, .40 Edge 9mm, 10mm, .40 S&W, .45 ACP Executive .40 S&W Falcon 3.9 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Frame-Mod. 2011 (See Note) GM .38 SUP, 9mm, 9x23, GP6 9mm Grandmaster 2011 .38 SUP Grandmaster 2011 9mm, 9x23, .45 ACP, .40 S&W Guardian .45 ACP, 9mm Hawk 4.3 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Official Handgun Roster January 1, 2009 Page 61 of 73 Manufacturer Model Name Model Number Caliber Hawk, Eagle Frm 2011 (See Notes on last page) IPSC 30TH Anniv. Commem. 9mm, .40 S&W Lawman .45 ACP Rangemaster 9mm Ranger 9mm, .40 S&W, .45 ACP Ranger II 9mm, .40 S&W, .45 ACP Sentry 9x19, .40 S&W, .45 ACP Spartan .45 ACP, .40 S&W, 9mm, .38 SUP, 10mm Special Edition 9mm. .40 S&W SteelMaster 9mm, .38 SUP, .40 S&W, .45 ACP Stinger 9mm, .38 Super Tactical 9mm, .40 S&W Tactical Lite 9mm, .40 S&W Targetmaster 9mm Trojan .38 Super Trojan 9mm, .45 ACP, .40 S&W Trubor 9mm, 9x23, .38 Super VIP .45 ACP VIP 9mm, .38 SUP, .357 SIG, .40S&W Stoeger Cougar 8000 9mm, .40 Stoeger Industries A.E. Luger Navy 9mm A.E. Luger P-08 9mm Vent,Bull,Flute .22 LR Strayer Voight Inc. Frame Kit Infinity .38 SUP, .357 SIG, 9mm, 9X21 Official Handgun Roster January 1, 2009 Page 62 of 73 Manufacturer Model Name Model Number Caliber Infinity .40 S&W, 10mm, .45 ACP, 9X23 Sturm Ruger KP345 & KP345PR .45 ACP SP-101 .327 Fed Magnum 22 Charger CHR22-10 .22 LR, .17 HMR 22/45 .22 LR 50th Anniv.New Model Blkhawk NVB34-50, S465N-50 .357 Mag. 50th Anniv.New Model Blkhawk NVB34-50, S465N-50 .44 Mag. Bearcat .22LR/.22MAG Bisley-Vaquero New Model Sing. Act. .45 LC, .44 Mag., .357 Mag. GP-100 (DA) .357 Mag./.38 SP KMKIII512 10103 .22 LR KMKIII678GC 10112 .22 LR KMKIII678H 10118 .22 LR KMKIII817 MKIII .17 Mach 2 KP345DPR 6648 .45 ACP KP45MKIII 10121 .22 LR KP512MKIII 10110 .22LR KP678HMKIII 10120 .22 LR KP95DPR15 13010 9mm KP95PR15 13014 9mm KP-97D, DAO .45 ACP LCP 3701 .380 ACP LCR, LCR-LG .38 SP + P Mark II Comp, Gv. Bull .22 LR Mark II Stnd., Target .22 LR Mark II Gv Bull .22 LR Mark II Target .22 LR Mark III 10116 .22 LR MK II Bull .22 LR Official Handgun Roster January 1, 2009 Page 63 of 73 Manufacturer Model Name Model Number Caliber MKIII Hunter KMKIII45HCL .22 LR MKIII4 10104 .22 LR MKIII512 MKIII .22 LR MKIII6 10105 .22 LR MKIII678 10106 .22 LR New Mod Bisley .22 LR, .32 Mag., .357 Mag. New Mod Bisley .41 Mag., .44 MAG/SP, .45 COLT New Mod Blkhwk .30 Car., .32-20/32, .357 Mag. New Mod Blkhwk .357/9MM, .38-40/10, .41 MAG New Mod Blkhwk .44-40/44, .45 LC, .45 LC/ACP New Mod Sup Blk .44 MAG/SP New Model Blackhawk BN-31L/34L/36L/41L/42L/44L/45L/455L,BN- .30 Carbine, .357, 34XL/36XL/44XL/45XL/455XL .357/9mm, .41, .45LC, .45LC/.45ACP New Model Single Six KNR-717H .17 HMR New Model Single Six NR-4FL/5FL/6FL, NR-4L/5L/6L,9L New Model Single Six NR-4FL/5FL/6FL, NR-4L/5L/6L,9L .22 LR/.22 mag. New Vaquero NV-34/35/44/45/455, KNV- .357 Mag 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 Colt 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 Colt 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 LC. .44 Mag., .357 34/35/44/45/353/453/55 Mag., 44-40, .32 H&R P or KP 85 All 9mm P or KP 89 All 9mm P or KP 90 All .45 ACP P or KP 91 All .40 S&W P or KP 93 All 9mm P or KP 94 All 9mm, .40 S&W P or KP 95 DAO, DC, Man Safety 9mm Official Handgun Roster January 1, 2009 Page 64 of 73 Manufacturer Model Name Model Number Caliber P345PR 6647 .45 ACP P45GCMKIII 10119 .22LR P4GCMKIII MKIII .22 LR P4MKIII 10109 .22 LR P512MKIII 10107 .22 LR P95DPR15 13011 9mm P95PR15 13015 9mm Pol. Serv.-Six .357 Mag., .38 SP Redhawk .41 Mag. Redhawk .45 LC, .454 Cas, .41 Mag. Redhawk Da .357 Mag., .41 Mag., .44 Mag Security Six Da .357 Mag, .38 SP Sing Six Lim Ed .22LR/MAG Single Six .22 LR, .32 Mag. SP-101 .22 LR, .22 WRM, .32 H&R MAG SP-101 .357 Mag., .38 SP, 9mm Speed Six .357 Mag., .38 SP SR9 9X19 mm Sup Blk Hunter .44 Mag. Sup. Single Six .22 LR Super Redhawk .454 Casull .45 LC .44 MAG/SP Super Redhawk .480 Ruger Vaquero .357 MAG .44-40 .44 MAG .45 LC Vaquero .40 S&W Super Six Ltd. Gld. Bull Bison & Outdoorsman .45-70 Tactical Solutions Pac-lite (receiver only) .22 LR Talon Industries Official Handgun Roster January 1, 2009 Page 65 of 73 Manufacturer Model Name Model Number Caliber T100 .380 ACP, 9MM, .40 T200 9mm, .40 S&W Tanarmi BTA 90B/C 9mm TA 22 .22 LR TA 226 .22/22LR TA 22M 22/22WRM TA 41B/C .41 AE TA 41BT/CT .41 AE TA 41SS .41 AE TA 76 .22 LR TA 766 22/22WRM TA 769 22/22WRM TA 76C .22 LR TA 76M/MC 22/22WRM TA 90BT/CT 9MMP TA 90BTK 9MM/41AE TA 90SS 9MMP Taurus 905 9mm M606 .357 Mag. M817UL .38 Spl. PT 24/7 .40 PT 24/7 .45 ACP PT 24/7 9mm PT1911 .45 ACP PT38S .38 Super PT745 Pro .45 ACP PT909 9mm PT917C 9mm 24/7 OSS 9mm, .45 ACP, .40 Cal. Official Handgun Roster January 1, 2009 Page 66 of 73 Manufacturer Model Name Model Number Caliber 38 .38 431 .44 SP 441 .44 SP 445, 445CH .44 SP 605 .357 Mag. 607 .357 Mag. 608 .357 Mag. 617 .38 SP, .357 Mag. 627 Tracker .38 SP, .357 Mag. 627 Tracker .44 SP .44 Mag., .45 LC .41 Mag. 65 .357/.38 66 CP .357 MAG/.38 669 CP .357 MAG/.38 689 .357 Mag 73 .32 H&R 731 .32 H&R and S&W 741 .32 H&R 76 .32 H&R 80 .38 SP 809, 840, 845 .40 S&W, .45 ACP, 9mm 82 .38 SP 827 .38 SP, .357 Mag. 83 .38 SP 85 UL PTD, ULT .38 SP 85, 85 CH .38 SP 856 .38 SP 86 Targ. Master .38 SP 92 Compact/D 9mm 92AF/D 9mm 94 .22 LR Official Handgun Roster January 1, 2009 Page 67 of 73 Manufacturer Model Name Model Number Caliber 941 .22 Mag. 945 .45 ACP 96 Targ. Scout .22 LR 99 AF/D 9mm CIA 651 .357 Mag. CIA 851 .38 Spl. CIA M650 .357 Mag. CIA M850 .38 SP Judge Ultra-Lite 4510TKR .45 LC/.410 Gauge M415 .41 Mag. M44, M44CP .44 Mag. M445 & M445CH .44 SP M450 .45 COLT M980 .22 LR PT-100 & PT-101 .40 S&W PT-111 Millenn. .45 ACP, .357 SIG, 9mm, .40S&W PT-138 .380 ACP PT-140 .40 S&W PT-145 .45 ACP PT-22 .22 LR PT-25 .25 ACP PT-58 .380 ACP PT-845 .45 ACP PT-908 9mm PT-911 9mm, .40S&W, .45ACP, .357SIG PT-92, AF, C 9mm PT-938, PT-938C .380 ACP PT-940 .40 S&W PT-99, AF, NF 9mm Raging 30 M30C .30 Car Official Handgun Roster January 1, 2009 Page 68 of 73 Manufacturer Model Name Model Number Caliber Raging Bee M218 .218 Bee Raging Bull .44 Mag., .454 Casull Raging Bull .480 Ruger Raging Bull .500 Mag. Raging Bull M416CP .41 Mag. Raging Hornet .22 Hornet Tracker 425 .41 Mag Tracker 44 Ten .45 LC/.410 Tracker 990 .22 LR Tracker 990 .22 LR Tracker M17 .17 HMR Tracker M455 .45 ACP Tracker M971 .22 Mag. Texas Longhorn Arms Inc. Grover Impr. #5 .44 Mag. Longhorn Arms .44 South Texas Arm .357 Mag., .44 SPL, .45 LC Texas Border Sp .44 SPL, .45 LC West Texas FLT .32-20, .357 Mag., .44 MG/SP West Texas FLT .45 LC Thompson Center Arms Contender All Contender Super & Contender Hunter All Encore All Tressitu TZ 99(10 round) 9mm, .40 S&W, .45 ACP, .357 SIG Tucson Mold Inc Competitor All U.S. Firearms Rodeo .38 Special Official Handgun Roster January 1, 2009 Page 69 of 73 Manufacturer Model Name Model Number Caliber SAA .45 Colt U.S. Patent Firearms SAA All Uzi America, Inc. Uzi Eagle All 9mm, .40 S&W, .45 ACP, .357 SIG Vektor CP1 9mm, .40 S&W, .357 SIG SP2 9mm, .40 S&W, .357 SIG Z88 9mm Volkmann Custom Combat Custom 1911A1 .45 ACP Combatant Carry 1911A1 .45 ACP Volquartsen LLV .22 LR Walther FP .22 LR GSP .22 LR GSP-C .32 S&W KSP200 KSP200 .22 LR Olymp. Free Pis .22 LR OSP Match 22 SHRT P-1 9mm P-22 .22 LR P-38 .22 LR, 9mm P-5 9mm P-5 Compact 9mm P-88 9mm P-88 Compact 9mm P-99 9mm, .40 S&W P-99 QA 9mm, .40 S&W P990 9mm, .40 S&W, 9X21 MM Official Handgun Roster January 1, 2009 Page 70 of 73 Manufacturer Model Name Model Number Caliber PP .22 LR, .32 ACP, .380 ACP PPK .22 LR, .32 ACP, .380 ACP PPK/S .22 LR, .32 ACP, .380 ACP PPS 9mm, .357 SIG, .40 S&W SP22 M1, M2, M3, M4 .22 LR TPH .22 LR, .25 ACP Wesson Firearms Co., Inc. .22 Rim/.22 Mag 22, 22V, 22VH .22 LR .22 Rim/.22 Mag 22-M, 22M-V, 22M-VH .22 Win Mag .22 Silhouette G22-V10, G22-VH10 .22 Rim. .22 Silhouette G722-V10, G722-VH10 .22 Rim. .32 Mag/.32-20 32, 32V, 32VH .32 Mag .32 Mag/.32-20 732, 732V, 732VH .32 Mag .357 Magnum 14-2, 14-2B .357 Mag .357 Magnum 15-2, 15-2V, 15-2VH .357 Mag .357 Magnum 714, 715, 715V,715VH .357 Mag .357 Super Ram .357 Max .357 Supermag 40-V, 40-VH, 40-VS .357 Max .357 Supermag 740V, 740VH, 740VS .357 Max .375 Supermag 375V, 375VH, 375V8S .375 SuperMag .38 Special 708,709,709V,709VH .38 Sp .38 Special 8-2, 8-2B .38 Sp .38 Special 9-2, 9-2V, 9-2VH .38 Sp .41 Magnum 41V,41VH, 741V,741VH .41 Mag .44 Magnum 44V,44VH, 744V,744VH .44 Mag .445 Supermag 445-V, 445-VH .445 SuperMag .445 Supermag 445-VHS, 445-VS .445 SuperMag .445 Supermag 7445-V, 7445-VH .445 SuperMag .445 Supermag 7445-VHS, 7445-VS .445 SuperMag 738P .38 Sp FB715-5C 715 .357 Mag. Official Handgun Roster January 1, 2009 Page 71 of 73 Manufacturer Model Name Model Number Caliber Westlake Engineering Britarms 2000 .22 LR Wichita Arms Inc. Classic All International All MK-40 Sil. Pis. All Silouhette Pis. All Wildey Hunter & Hunter Guardsman All Survivor & Survivor Guardsman All Wilson Combat CQB .38 Super, 9mm CQB .45 ACP 1996 A2 .45 ACP 22 Clas Rimfire All .22 LR Brng. HP CarPac All 9mm, .40 S&W Carry Comp Compact WCCC .45 ACP Carry Comp Professional WPC .45 ACP Cls Mastr Grade All .45 ACP Combat Classic All .45 ACP Kahr Carry Pkg. All 9mm, .40 S&W KZ-45 All 9mm, .40 S&W, .45 ACP S.D.S. All .45 ACP Sentinel WS-T-A, WS-A-A .45 ACP, 9mm, .40, .38 Super, 10mm Service Grades All .45 ACP Tactical Elite All .45 ACP Tactical Supergrade WTSG, WTSG-A-A, WTSG-T-A .45 ACP Wyoming Arms Parker .40 S&W, .45 ACP, 10mm, 9mm Parker .357 Magnum .357 Mag. Official Handgun Roster January 1, 2009 Page 72 of 73 Manufacturer Model Name Model Number Caliber Parker Comp Com .40 S&W, .45 ACP, Parker Ext Slid .40 S&W, .45 ACP, Zastava Arms CZ 99 or Z9 9mm CZ 99 R .357 Mag. CZ-40 or Z40 .40 S&W Official Handgun Roster January 1, 2009 Page 73 of 73 ATTACHMENT B Commonwealth of Massachusetts Executive Office of Public Safety and Security APPROVED FIREARMS ROSTER 04-2009 This Roster Supersedes All Previous Rosters This roster has been compiled in accordance with M.G.L. c.140; §131¾ and 501 CMR 7.00. It contains weapons determined by Massachusetts approved independent testing laboratories to have satisfactorily completed the testing requirements of M.G.L. c. 140; §123; clauses 18th; 19th; 20th; and 21st. The reports resulting from said tests were reviewed by the Gun Control Advisory Board and those makes and models listed herein were subsequently approved by the Executive Office of Public Safety as having complied with the statutory handgun testing provisions of M.G.L. c. 140; §123. Modifications to this roster are likely to occur periodically, and licensees and law enforcement personnel should always utilize the most recent roster for purposes of determining statutory compliance. The Approved Firearms Roster posted on the website of the Executive Office of Public Safety (www.mass.gov/EOPS) will contain the most recently approved models. Massachusetts licensed firearms dealers should note that the transfers of handguns are also subject to the Attorney General’s Handgun Sales Regulations, 940 CMR 16.00, et seq. Firearms on this Approved Firearms Roster do not necessarily comply with the requirements of the Attorney General’s Handgun Sales Regulations. Information about those regulations, as well as the Enforcement Notice may be obtained from the Office of the Attorney General and may be accessed on the website of the Attorney General (www.ago.state.ma.us).” Manufacturer Model Caliber Armscor Precision Rock Island 1911 A-1 GI .45 ACP Armscor Precision Rock Island 1911 A-1 GS CS Blue .45 ACP Armscor Precision Rock Island 1911 A-2 GI FS Blue .45 ACP Armscor Precision Rock Island 1911 A-2 GI MS Blue .45 ACP Auto Ordnance 1911-A1 .45 ACP Beretta 84FS Cheetah .380 ACP Beretta 84FS Cheetah – Nickel .380 ACP Beretta 85FS Cheetah .380 ACP Beretta 85FS Cheetah – Nickel .380 ACP Beretta 92FS 9mm Beretta 92FS Brigadier Inox 9mm Beretta 92FS Compact Inox 9mm Beretta 92FS Compact Type M 9mm Beretta 92FS Compact Type M Inox 9mm Beretta 92FS Inox 9mm Beretta 92FS Vertec 9mm Beretta 92FS Vertec Inox 9mm Beretta 9000S 9mm Beretta 96 .40 S&W Beretta 96 Brigadier .40 S&W Beretta 96 Brigadier Inox .40 S&W Beretta 96 Inox .40 S&W Beretta 96 Vertec .40 S&W Beretta 96 Vertec Inox .40 S&W Beretta 9000S Type F .40 S&W Browning Buck Mark Camper SS .22 LR Browning Buck Mark SE MS Lt Splash 7.25 .22 LR Charter 2000 14420 .44 Spl Charter 2000 74420 .44 Spl Glock 17 9mm Glock 17C 9mm Glock 19 9mm Glock 19C 9mm Glock 26 9mm Glock 34 9mm Glock 31 .357 Sig Glock 31C .357 Sig Glock 32 .357 Sig Glock 32C .357 Sig Glock 33 .357 Sig Glock 22 .40 S&W Glock 22C .40 S&W Glock 23 .40 S&W Glock 23C .40 S&W Glock 27 .40 S&W Glock 35 .40 S&W Glock 20 10mm Glock 20C 10mm Glock 20SF 10mm Glock 29 10mm Glock 29SF 10mm Glock 21 .45 ACP Glock 21C .45 ACP Glock 30 .45 ACP Glock 30SF .45 ACP Glock 36 .45 ACP Glock 37 .45 GAP Glock 38 .45 GAP Glock 39 .45 GAP Heckler & Koch P2000 .357 Sig Heckler & Koch P2000SK .357 Sig Heckler & Koch USP .40 S&W Heckler & Koch USP Comp LEM .40 S&W Kahr Arms CWP9 9mm Kahr Arms P9 9mm Kahr Arms PM9 9mm Kahr Arms M9093 9mm Kahr Arms K9093 9mm Kahr Arms K9093A 9mm Kahr Arms K9093NA 9mm Kahr Arms K9096 9mm Kahr Arms K9096A 9mm Kahr Arms K9096NA 9mm Kahr Arms M9093A 9mm Kahr Arms M9093NA 9mm Kahr Arms M9096 9mm Kahr Arms M9096A 9mm Kahr Arms M9096NA 9mm Kahr Arms P40 .40 S&W Kahr Arms PM40 .40 S&W Kahr Arms M4043A .40 S&W Kahr Arms K4043 .40 S&W Kahr Arms K4043A .40 S&W Kahr Arms K4043NA .40 S&W Kahr Arms K4046 .40 S&W Kahr Arms K4046A .40 S&W Kahr Arms K4046NA .40 S&W Kahr Arms M4043 .40 S&W Kahr Arms M4043NA .40 S&W Kahr Arms M4046 .40 S&W Kahr Arms M4046A .40 S&W Kahr Arms M4046NA .40 S&W Kahr Arms KP45 .45 ACP Mauser M2 .40 S&W Mauser M2 .45 ACP Para Ordnance C6 Stainless .45 ACP Para Ordnance C7 Stainless .45 ACP Para Ordnance 189 Steel 9mm Para Ordnance D189 Steel 9mm Para Ordnance RHX129E 9mm Para Ordnance PX189S 9mm Para Ordnance TX189S 9mm Para Ordnance RX189E 9mm Para Ordnance DX189E 9mm Para Ordnance TX189E 9mm Para Ordnance CTX189B 9mm Para Ordnance DX189S 9mm Para Ordnance RX189S 9mm Para Ordnance PX938P .38 Super Para Ordnance PX938S .38 Super Para Ordnance 1440 Steel .40 S&W Para Ordnance L1440 Steel .40 S&W Para Ordnance 1640 Steel .40 S&W Para Ordnance 1640 Stainless .40 S&W Para Ordnance D1640 Stainless .40 S&W Para Ordnance 1640 Steel .40 S&W Para Ordnance D1640 Steel .40 S&W Para Ordnance S1640 Stainless .40 S&W Para Ordnance P1640 Steel .40 S&W Para Ordnance SX1640E .40 S&W Para Ordnance RHX1640E .40 S&W Para Ordnance SX1640S .40 S&W Para Ordnance RX1640S .40 S&W Para Ordnance 745 Stainless .45 ACP Para Ordnance 745 Steel .45 ACP Para Ordnance D745 Steel .45 ACP Para Ordnance D745 Stainless .45 ACP Para Ordnance 1045 Alloy .45 ACP Para Ordnance 1045 Stainless .45 ACP Para Ordnance P1045 Steel .45 ACP Para Ordnance P1045 Alloy .45 ACP Para Ordnance S1045 Stainless .45 ACP Para Ordnance 1245 Alloy .45 ACP Para Ordnance 1245 Stainless .45 ACP Para Ordnance 1245 Steel .45 ACP Para Ordnance L1245 Steel .45 ACP Para Ordnance P1245 Steel .45 ACP Para Ordnance S1245 Stainless .45 ACP Para Ordnance P1245 Alloy .45 ACP Para Ordnance 1345 Stainless .45 ACP Para Ordnance 1345 Steel .45 ACP Para Ordnance CT1345 Stainless .45 ACP Para Ordnance S1345 Stainless .45 ACP Para Ordnance P1345 Steel .45 ACP Para Ordnance 1445 Alloy .45 ACP Para Ordnance 1445 Stainless .45 ACP Para Ordnance 1445 Steel .45 ACP Para Ordnance S1445 Stainless .45 ACP Para Ordnance P1445 Steel .45 ACP Para Ordnance P1445 Alloy .45 ACP Para Ordnance P1445RR .45 ACP Para Ordnance P1445ER .45 ACP Para Ordnance P1445SR .45 ACP Para Ordnance D1445 Steel .45 ACP Para Ordnance D1445ER .45 ACP Para Ordnance D1445SR .45 ACP Para Ordnance Companion Stainless .45 ACP Para Ordnance Carry Stainless .45 ACP Para Ordnance PX745E .45 ACP Para Ordnance PX745EM .45 ACP Para Ordnance PX745EMB .45 ACP Para Ordnance PX144EMB .45 ACP Para Ordnance RHX1045E .45 ACP Para Ordnance PCX745R .45 ACP Para Ordnance WHX129R .45 ACP Para Ordnance NHX1045N .45 ACP Para Ordnance PCX745S .45 ACP Para Ordnance PSHX645S .45 ACP Para Ordnance WHX1045S .45 ACP Para Ordnance PX1445S .45 ACP Para Ordnance SX1445S .45 ACP Para Ordnance SX1245S .45 ACP Para Ordnance PRX745B .45 ACP Para Ordnance PRX745S .45 ACP Para Ordnance DCX745E .45 ACP Para Ordnance DX1445E .45 ACP Para Ordnance DCX1445E .45 ACP Para Ordnance RX1445E .45 ACP Para Ordnance DX745S .45 ACP Para Ordnance CWX745S .45 ACP Para Ordnance CCWX745S .45 ACP Para Ordnance CX745S .45 ACP Para Ordnance DX1445S .45 ACP Para Ordnance RX1445S .45 ACP Para Ordnance TX1640S .45 ACP Para Ordnance CWX745S .45 ACP Para Ordnance CCWX745S .45 ACP Para Ordnance CTX1345S Stainless .45 ACP Para Ordnance CTX1345G Stainless .45 ACP Para Ordnance CTX1245N Stainless .45 ACP Para Ordnance CWX645S Stainless .45 ACP Para Ordnance CWX645B Stainless .45 ACP Para Ordnance TX745S Stainless .45 ACP Para Ordnance PCWX745S Stainless .45 ACP Para Ordnance PCWX745E Steel .45 ACP Para Ordnance WHX1045R Steel/Alloy .45 ACP Seecamp LWS32 .32 ACP Sig Arms Mosquito .22 LR Sig Arms P232 Stainless .380 ACP Sig Arms P225 9mm Sig Arms P226 9mm Sig Arms P226 Rail 9mm Sig Arms P226 Stainless 9mm Sig Arms P228 9mm Sig Arms P229 9mm Sig Arms P239 9mm Sig Arms SP2009 9mm Sig Arms P226 .357 Sig Sig Arms P226 Rail .357.Sig Sig Arms P226 Stainless .357 Sig Sig Arms P229 .357 Sig Sig Arms P239 .357 Sig Sig Arms SP2340 .357 Sig Sig Arms P226 .40 S&W Sig Arms P226 Rail .40 S&W Sig Arms P226 DAK .40 S&W Sig Arms P229 .40 S&W Sig Arms P229 DAK .40 S&W Sig Arms P239 .40 S&W Sig Arms P239 DAK .40 S&W Sig Arms SP2022 .40 S&W Sig Arms SP2340 .40 S&W Sig Arms P220 .45 ACP Sig Arms P220 Stainless .45 ACP Sig Arms P245 .45 ACP Sig Arms 1911-45-S .45 ACP Smith & Wesson 647 .17 Hornady Smith & Wesson 647-1 .17 Hornady Smith & Wesson 648-2 .22 MRF Smith & Wesson 22A-1 .22 LR Smith & Wesson 22S-1 .22 LR Smith & Wesson 41 .22 LR Smith & Wesson 63-4 .22 LR Smith & Wesson 317-2 .22 LR Smith & Wesson 317-3 .22 LR Smith & Wesson 317LS .22 LR Smith & Wesson 617-5 .22 LR Smith & Wesson 617-6 .22 LR Smith & Wesson 351 PD .22 Mag. Smith & Wesson 331-2 .32 H&R Mag. Smith & Wesson 332-1 .32 H&R Mag. Smith & Wesson 431 PD .32 H&R Mag. Smith & Wesson 432 PD .32 H&R Mag. Smith & Wesson 908 9mm Smith & Wesson 908S 9mm Smith & Wesson 910 9mm Smith & Wesson 910S 9mm Smith & Wesson 952-1 9mm Smith & Wesson 952-2 9mm Smith & Wesson 3913LS 9mm Smith & Wesson 3913TSW 9mm Smith & Wesson 5903TSW 9mm Smith & Wesson 5906TSW 9mm Smith & Wesson CS9 9mm Smith & Wesson SW99 9mm Smith & Wesson SW9E 9mm Smith & Wesson SW9G 9mm Smith & Wesson SW9GVE 9mm Smith & Wesson SW9P 9mm Smith & Wesson SW9VE 9mm Smith & Wesson M&P9 (Mag Safety) 9mm Smith & Wesson M&P9 (Mag Safety, Internal Lock) 9mm Smith & Wesson M&P9c 9mm Smith & Wesson M&P9c (Mag Safety) 9mm Smith & Wesson M&P9 9mm Smith & Wesson 10-14 .38 Spl Smith & Wesson 14-80 .38 Spl Smith & Wesson 36-10 .38 Spl Smith & Wesson 36-10LS .38 Spl Smith & Wesson 40-1 .38 Spl Smith & Wesson 64-7 .38 Spl Smith & Wesson 64-8 .38 Spl Smith & Wesson 67-5 .38 Spl Smith & Wesson 67-6 .38 Spl Smith & Wesson 67-7 .38 Spl Smith & Wesson 315 .38 Spl Smith & Wesson 337-2 .38 Spl Smith & Wesson 337-2PD .38 Spl Smith & Wesson 342 .38 Spl Smith & Wesson 342 PD .38 Spl Smith & Wesson 342-1 PD .38 Spl Smith & Wesson 360 .38 Spl Smith & Wesson 386NG .38 Spl Smith & Wesson 442-1 .38 Spl Smith & Wesson 442-2 .38 Spl Smith & Wesson 637-2 .38 Spl Smith & Wesson 638-3 .38 Spl Smith & Wesson 642-1 .38 Spl Smith & Wesson 642-2 .38 Spl Smith & Wesson 642-2 LS .38 Spl Smith & Wesson 337-3 .38 Spl +P Smith & Wesson 627-4 .38 Super Smith & Wesson 686-7 .38 Super Smith & Wesson 1911-2 .38 Super Smith & Wesson 27-9 .357 Mag. Smith & Wesson 60-14 .357 Mag. Smith & Wesson 60-14LS .357 Mag. Smith & Wesson 60-15 .357 Mag. Smith & Wesson 60-18 .357 Mag. Smith & Wesson 65-7 .357 Mag. Smith & Wesson 65-7LS .357 Mag. Smith & Wesson 65-8 .357 Mag. Smith & Wesson 65-8 LS .357 Mag. Smith & Wesson 66-6 .357 Mag. Smith & Wesson 66-7 .357 Mag. Smith & Wesson 327 .357 Mag. Smith & Wesson 327-1 .357 Mag. Smith & Wesson 327PD .357 Mag. Smith & Wesson 360 SC .357 Mag. Smith & Wesson 386 .357 Mag. Smith & Wesson 386PD .357 Mag. Smith & Wesson 386SC .357 Mag. Smith & Wesson 386Sc/S .357 Mag. Smith & Wesson 340 PD .357 Mag. Smith & Wesson 340 SC .357 Mag. Smith & Wesson 360 PD .357 Mag. Smith & Wesson 520 .357 Mag. Smith & Wesson 619 .357 Mag. Smith & Wesson 620 .357 Mag. Smith & Wesson 627-5 .357 Mag. Smith & Wesson 640-1 .357 Mag. Smith & Wesson 640-3 .357 Mag. Smith & Wesson 649-5 .357 Mag. Smith & Wesson 686-6 .357 Mag. Smith & Wesson 686-6 Plus .357 Mag. Smith & Wesson 686-6 Power Port .357 Mag. Smith & Wesson 686-6 SSR .357 Mag. Smith & Wesson M&P360 .357 Mag. Smith & Wesson M&P340 .357 Mag. Smith & Wesson M&P357 .357 Sig Smith & Wesson 410 .40 S&W Smith & Wesson 410S .40 S&W Smith & Wesson CS40 .40 S&W Smith & Wesson M&P40 (Mag Safety) .40 S&W Smith & Wesson M&P40 .40 S&W Smith & Wesson M&P40 (Mag Safety, Internal Lock) .40 S&W Smith & Wesson M&P40c (Mag Safety) .40 S&W Smith & Wesson 4003TSW .40 S&W Smith & Wesson 4006TSW .40 S&W Smith & Wesson 4013TSW .40 S&W Smith & Wesson 4040 PD .40 S&W Smith & Wesson SW40E .40 S&W Smith & Wesson SW40G .40 S&W Smith & Wesson SW40GVE .40 S&W Smith & Wesson SW40P .40 S&W Smith & Wesson SW40VE .40 S&W Smith & Wesson SW99 .40 S&W Smith & Wesson SW99QA .40 S&W Smith & Wesson SW990 .40 S&W Smith & Wesson SW990L Compact .40 S&W Smith & Wesson 945-40 .40 S&W Smith & Wesson 610-3 10mm Smith & Wesson 57-5 .41 Mag. Smith & Wesson 357 PD .41 Mag. Smith & Wesson 657-5 .41 Mag. Smith & Wesson 21-4 .44 Spl Smith & Wesson 24-6 .44 Spl Smith & Wesson 396NG .44 Spl Smith & Wesson 396-1 .44 Spl Smith & Wesson 696 .44 Spl Smith & Wesson 29-8 .44 Mag. Smith & Wesson 29-10 .44 Mag. Smith & Wesson 329PD .44 Mag. Smith & Wesson 329-1 .44 Mag. Smith & Wesson 629-6 .44 Mag. Smith & Wesson 629-6 Classic .44 Mag. Smith & Wesson 629-6 Classic DX .44 Mag. Smith & Wesson 629-6 Power Port .44 Mag. Smith & Wesson 22-4 .45 ACP Smith & Wesson 325 .45 ACP Smith & Wesson 325PD .45 ACP Smith & Wesson 457 .45 ACP Smith & Wesson 457S .45 ACP Smith & Wesson 625-8 .45 ACP Smith & Wesson 625-8 JM .45 ACP Smith & Wesson 625-10 .45 ACP Smith & Wesson 945-1 .45 ACP Smith & Wesson M&P45 .45 ACP Smith & Wesson 1911 .45 ACP Smith & Wesson 1911 (Steel) .45 ACP Smith & Wesson 1911 DK .45 ACP Smith & Wesson 1911 PD .45 ACP Smith & Wesson 1911 Sc (Black) .45 ACP Smith & Wesson 1911 SC .45 ACP Smith & Wesson 1911 Pro Series .45 ACP Smith & Wesson 4513TSW .45 ACP Smith & Wesson 4563TSW .45 ACP Smith & Wesson 4566TSW .45 ACP Smith & Wesson CS45 .45 ACP Smith & Wesson SW99 .45 ACP Smith & Wesson SW1911 .45 ACP Smith & Wesson M3 Schofield .45 S&W Schofield Smith & Wesson 25-13 .45 Long Colt Smith & Wesson 25-15 .45 Long Colt Smith & Wesson 625-9 .45 Long Colt Smith & Wesson 460 ES 460 S&W Mag. Smith & Wesson 460V 460 S&W Mag. Smith & Wesson 460XVR 460 S&W Mag. Smith & Wesson 500 500 S&W Smith & Wesson 500 ES 500 S&W Steyr Arms M9A1 9mm Steyr Arms M357-A1 .357 Sig. Steyr Arms M40-A1 .40 S&W Steyr Arms S-A1 .40 S&W Strayer Voigt Infinity Traditional .45 ACP Strayer Voigt Infinity Competition .45 ACP Sturm, Ruger & Co. NR617 17 HMR Sturm, Ruger & Co. KNR-717H 17 HMR Sturm, Ruger & Co. KNR-717HX 17 Mach 2 Sturm, Ruger & Co. KSP241X .22 LR Sturm, Ruger & Co. MK4 .22 LR Sturm, Ruger & Co. KMK4 .22 LR Sturm, Ruger & Co. KP4 .22 LR Sturm, Ruger & Co. MK6 .22 LR Sturm, Ruger & Co. KMK6 .22 LR Sturm, Ruger & Co. MK678 .22 LR Sturm, Ruger & Co. KMK678 .22 LR Sturm, Ruger & Co. P4 .22 LR Sturm, Ruger & Co. P512 .22 LR Sturm, Ruger & Co. KP512 .22 LR Sturm, Ruger & Co. MK512 .22 LR Sturm, Ruger & Co. KMK512 .22 LR Sturm, Ruger & Co. KMK512GCUS .22 LR Sturm, Ruger & Co. MK10 .22 LR Sturm, Ruger & Co. KMK10 .22 LR Sturm, Ruger & Co. MK678G .22 LR Sturm, Ruger & Co. KMK678G .22 LR Sturm, Ruger & Co. KMK678GC .22 LR Sturm, Ruger & Co. MK8 .22 LR Sturm, Ruger & Co. P678GC .22 LR Sturm, Ruger & Co. P8GC .22 LR Sturm, Ruger & Co. MKIII4 .22 LR Sturm, Ruger & Co. MKIII6 .22 LR Sturm, Ruger & Co. P512MKIII .22 LR Sturm, Ruger & Co. KP512MKIII .22 LR Sturm, Ruger & Co. KP45HMKIII .22 LR Sturm, Ruger & Co. KP678HMKIII .22 LR Sturm, Ruger & Co. P4MKIII .22 LR Sturm, Ruger & Co. P45GCMKIII .22 LR Sturm, Ruger & Co. MKIII 512 .22 LR Sturm, Ruger & Co. MKIII513GCL .22 LR Sturm, Ruger & Co. MKIII678 .22 LR Sturm, Ruger & Co. MKIII45HCL .22 LR Sturm, Ruger & Co. KMKIII678GC .22 LR Sturm, Ruger & Co. KMKIII678H .22 LR Sturm, Ruger & Co. SBC4 .22 LR Sturm, Ruger & Co. KSBC4 .22 LR Sturm, Ruger & Co. RB22AW .22 LR Sturm, Ruger & Co. KMKIII 512 .22 LR Sturm, Ruger & Co. NR4 .22 LR / 22 Mag. Sturm, Ruger & Co. NR4F50 .22 LR / 22 Mag. Sturm, Ruger & Co. NR5 .22 LR / 22 Mag. Sturm, Ruger & Co. NR6 .22 LR / 22 Mag. Sturm, Ruger & Co. NR9 .22 LR / 22 Mag. Sturm, Ruger & Co. KNR5 .22 LR / 22 Mag. Sturm, Ruger & Co. KNR6 .22 LR / 22 Mag. Sturm, Ruger & Co. NR5F .22 LR / 22 Mag. Sturm, Ruger & Co. NR6F .22 LR / 22 Mag. Sturm, Ruger & Co. KNR-7H .22 LR / 22 Mag. Sturm, Ruger & Co. NR6FL .22 Mag. Sturm, Ruger & Co. SSM4FSI .32 H&R Sturm, Ruger & Co. KSSM4FSI .32 H&R Sturm, Ruger & Co. KSP3231X .32 Mag. Sturm, Ruger & Co. KSP3241X .32 Mag. Sturm, Ruger & Co. P89 9mm Sturm, Ruger & Co. KP89 9mm Sturm, Ruger & Co. P89D 9mm Sturm, Ruger & Co. KP89D 9mm Sturm, Ruger & Co. P94 9mm Sturm, Ruger & Co. KP94 9mm Sturm, Ruger & Co. P95D 9mm Sturm, Ruger & Co. KP95D 9mm Sturm, Ruger & Co. KSR9-10-L 9mm Sturm, Ruger & Co. KODBSR9-10-L 9mm Sturm, Ruger & Co. KBSR9-10-L 9mm Sturm, Ruger & Co. KGPF840 .38 Spl Sturm, Ruger & Co. KSP821X .38+P Sturm, Ruger & Co. KSP831X .38+P Sturm, Ruger & Co. KSP32731X .327 Federal Mag. Sturm, Ruger & Co. GP141 .357 Mag. Sturm, Ruger & Co. KGP141 .357 Mag. Sturm, Ruger & Co. GP160 .357 Mag. Sturm, Ruger & Co. KGP160 .357 Mag. Sturm, Ruger & Co. GP161 .357 Mag. Sturm, Ruger & Co. KGP161 .357 Mag. Sturm, Ruger & Co. KGPF330 .357 Mag. Sturm, Ruger & Co. GPF331 .357 Mag. Sturm, Ruger & Co. KGPF331 .357 Mag. Sturm, Ruger & Co. GPF340 .357 Mag. Sturm, Ruger & Co. KGPF340 .357 Mag. Sturm, Ruger & Co. GPF341 .357 Mag. Sturm, Ruger & Co. KGPF341 .357 Mag. Sturm, Ruger & Co. KSP321X .357 Mag. Sturm, Ruger & Co. KSP331X .357 Mag. Sturm, Ruger & Co. KSP321XL .357 Mag. Sturm, Ruger & Co. BNV34 .357 Mag. Sturm, Ruger & Co. KBNV34 .357 Mag. Sturm, Ruger & Co. BNV35 .357 Mag. Sturm, Ruger & Co. KBVN35 .357 Mag. Sturm, Ruger & Co. BNVBH34 .357 Mag. Sturm, Ruger & Co. RBNV35 .357 Mag. Sturm, Ruger & Co. KRBNV35 .357 Mag. Sturm, Ruger & Co. NV34 .357 Mag. Sturm, Ruger & Co. KNV34 .357 Mag. Sturm, Ruger & Co. KNV34 Stainless .357 Mag Sturm, Ruger & Co. NV35 .357 Mag. Sturm, Ruger & Co. KNV35 .357 Mag. Sturm, Ruger & Co. KNV35 Stainless .357 Mag. Sturm, Ruger & Co. BN34 .357 Mag. Sturm, Ruger & Co. KBN34 .357 Mag. Sturm, Ruger & Co. BN36 .357 Mag. Sturm, Ruger & Co. KBN36 .357 Mag. Sturm, Ruger & Co. BN34X .357 Mag. Sturm, Ruger & Co. BN36X .357 Mag. Sturm, Ruger & Co. RB35W .357 Mag. Sturm, Ruger & Co. NVB34-50 .357 Mag. Sturm, Ruger & Co. BN31 .30 Carbine Sturm, Ruger & Co. P944 .40 S&W Sturm, Ruger & Co. KP944 .40 S&W Sturm, Ruger & Co. KP944D .40 S&W Sturm, Ruger & Co. BN41 .41 Mag. Sturm, Ruger & Co. BN42 .41 Mag. Sturm, Ruger & Co. BNV40 44/40 Sturm, Ruger & Co. KBNV40 44/40 Sturm, Ruger & Co. BNV405 44/40 Sturm, Ruger & Co. KBNV405 44/40 Sturm, Ruger & Co. BNV407 44/40 Sturm, Ruger & Co. KBNV407 44/40 Sturm, Ruger & Co. RH445 .44 Mag. Sturm, Ruger & Co. RH44 .44 Mag. Sturm, Ruger & Co. RH44R .44 Mag. Sturm, Ruger & Co. KRH44 .44 Mag. Sturm, Ruger & Co. KRH44R .44 Mag. Sturm, Ruger & Co. KRH445 .44 Mag. Sturm, Ruger & Co. KSRH7 .44 Mag. Sturm, Ruger & Co. KSRH9 .44 Mag. Sturm, Ruger & Co. RB44W .44 Mag. Sturm, Ruger & Co. BNV474 .44 Mag. Sturm, Ruger & Co. KBNV474 .44 Mag. Sturm, Ruger & Co. BNV475 .44 Mag. Sturm, Ruger & Co. KBNV475 .44 Mag. Sturm, Ruger & Co. BNV477 .44 Mag. Sturm, Ruger & Co. KBNV477 .44 Mag. Sturm, Ruger & Co. RBNV474 .44 Mag. Sturm, Ruger & Co. KRBNV474 .44 Mag. Sturm, Ruger & Co. RBNV475 .44 Mag. Sturm, Ruger & Co. KRBNV475 .44 Mag. Sturm, Ruger & Co. S458N .44 Mag. Sturm, Ruger & Co. S45N .44 Mag. Sturm, Ruger & Co. S47N .44 Mag. Sturm, Ruger & Co. S411N .44 Mag. Sturm, Ruger & Co. KS458N .44 Mag. Sturm, Ruger & Co. KS45N .44 Mag. Sturm, Ruger & Co. KS47N .44 Mag. Sturm, Ruger & Co. KS411N .44 Mag. Sturm, Ruger & Co. KS-47NHNN .44 Mag. Sturm, Ruger & Co. KSRH2 .44 Mag. Sturm, Ruger & Co. P90 .45 ACP Sturm, Ruger & Co. KP90 .45 ACP Sturm, Ruger & Co. KP90D .45 ACP Sturm, Ruger & Co. KP345PR .45 ACP Sturm, Ruger & Co. P97D .45 ACP Sturm, Ruger & Co. KP97D .45 ACP Sturm, Ruger & Co. KP345 .45 ACP Sturm, Ruger & Co. P345PR .45 ACP Sturm, Ruger & Co. KP345DPR .45 ACP Sturm, Ruger & Co. RB45W .45 Long Colt Sturm, Ruger & Co. KRH455 .45 Long Colt Sturm, Ruger & Co. KRH45 .45 Long Colt Sturm, Ruger & Co. KRH45R .45 Long Colt Sturm, Ruger & Co. BNV44 .45 Long Colt Sturm, Ruger & Co. KBNV44 .45 Long Colt Sturm, Ruger & Co. BNV455 .45 Long Colt Sturm, Ruger & Co. KBNV455 .45 Long Colt Sturm, Ruger & Co. BNV45 .45 Long Colt Sturm, Ruger & Co. KBNV45 .45 Long Colt Sturm, Ruger & Co. BNVBH453 .45 Long Colt Sturm, Ruger & Co. KBNVBH453 .45 Long Colt Sturm, Ruger & Co. RBNV44 .45 Long Colt Sturm, Ruger & Co. KRBNV44 .45 Long Colt Sturm, Ruger & Co. RBNV455 .45 Long Colt Sturm, Ruger & Co. KRBNV455 .45 Long Colt Sturm, Ruger & Co. NV44 .45 Long Colt Sturm, Ruger & Co. KNV44 .45 Long Colt Sturm, Ruger & Co. KNV44 Stainless .45 Long Colt Sturm, Ruger & Co. NV45 .45 Long Colt Sturm, Ruger & Co. KNV45 .45 Long Colt Sturm, Ruger & Co. NV455 .45 Long Colt Sturm, Ruger & Co. KNV455 .45 Long Colt Sturm, Ruger & Co. KNV455 Stainless .45 Long Colt Sturm, Ruger & Co. KNV455E Stainless .45 Long Colt Sturm, Ruger & Co. BN44 .45 Long Colt Sturm, Ruger & Co. KBN44 .45 Long Colt Sturm, Ruger & Co. BN455 .45 Long Colt Sturm, Ruger & Co. BN45 .45 Long Colt Sturm, Ruger & Co. BN45L .45 Long Colt Sturm, Ruger & Co. KBN45 .45 Long Colt Sturm, Ruger & Co. BN44X .45 Long Colt Sturm, Ruger & Co. BN455X .45 Long Colt Sturm, Ruger & Co. KSRH2454 454 Casull Sturm, Ruger & Co. KSRH7454 454 Casull & 45 Long Colt Sturm, Ruger & Co. KSRH9454 454 Casull & 45 Long Colt Sturm, Ruger & Co. KSRH7480 480 Ruger Sturm, Ruger & Co. KSRH9480 480 Ruger Sturm, Ruger & Co. KSRH-2480 480 Ruger Walther P22 .22 LR Walther SP22 .22 LR Walther PPK/S-1 .32 ACP Walther PPK .380 ACP Walther PPK (Blue) .380 ACP Walther PPK/S-1 .380 ACP Walther PPK/S-1 Two Tone .380 ACP Walther P99 9mm Walther P99C AS 9mm Walther P990 9mm Walther P99 AS 9mm Walther P99 c AS 9mm Walther P99C QA 9mm Walther P99 QA 9mm Walther PPS 9mm Walther P99 .40 S&W Walther P99 AS .40 S&W Walther P99C QA .40 S&W Walther P99 QA .40 S&W

24 DCMR § 2324 INTERPRETATION OF ASSAULT WEAPONS DEFINITION

2324.1 Section 101 Paragraph 3A of the Act (D.C. Official Code § 7-2501.01(3A) (2013 Supp.)) defined the term “assault weapon” and § 202(a)(6) of the Act (D.C. Official Code § 7-2502.02(a)(6) (2013 Supp.)) declared that an “assault weapon” may not be registered in the District.

2324.2 In those instances where the definition of “assault weapon” refers to a firearms manufacturer or description without including a specific model reference, the term “assault weapon” shall be interpreted to include only those firearms produced by such manufacturer, or possessing such description, that share characteristics similar to the firearms enumerated in § 101 Paragraph 3A(A)(i)(I) through (III) of the Act (D.C. Official Code § 7-2501.01 (3A)(A)(i)(I) through (III) (2013 Supp.)), or possess any of the enumerated characteristics listed in § 101 Paragraph 3A(A)(i)(IV) through (VIII) and 3A(A)(ii) through (iii) of the Act (D.C. Official Code § 7-2501.01(3A)(A)(i)(IV) through (VIII) and (3A)(A)(ii) through (iii) (2013 Supp.)).

2324.3 A firearm that is produced by a manufacturer or possesses a description that is included in the definition of “assault weapon” referred to in § 2324.1, but which does not share characteristics similar to the enumerated firearms or the enumerated characteristics described in § 2324.2, may be registered; provided, that the firearm is not otherwise prohibited from registration under District or Federal law or regulation.

History

• SOURCE: Final Rulemaking published at 56 DCR 8745 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 4782 (June 19, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2325 PRE-1985 PISTOLS

2325.1 Any pistol with a single action firing mechanism manufactured prior to 1985 shall be exempt from the application of § 504 of the Act (D.C. Official Code § 7-2505.04 (2012 Repl.)).

2325.2 Any pistol manufactured prior to 1985, not subject to § 2325.1, shall be deemed included on the District Roster established pursuant to § 2323.

History

• SOURCE: Final Rulemaking published at 56 DCR 8746 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 5434 (July 3, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2326 RENEWAL OF FIREARM REGISTRATION

2326.1 Pursuant to § 207a of the Act, a registration certificate shall expire three (3) years after the date of issuance, unless renewed in accordance with the Act and this section or otherwise stated in law or regulation.

2326.2 Firearms registered before January 1, 2011 shall be renewed as follows:

(a) A registrant shall appear in person at the Firearms Registration Section and submit an attestation containing the following information:

(1) Confirmation that the registrant continues to possess the firearm or firearms that were previously registered;

(2) The registrant’s current residential address; and

(3) Confirmation that the registrant is compliant with each of the registration requirements under § 203(a) of the Act (D.C. Official Code § 7-2502.03(a) (2013 Supp.)).

(b) A registrant shall also submit to being fingerprinted.

2326.3 Registrants subject to § 2326.2 shall be required to renew their registration pursuant to the following schedule based on the registrant’s date of birth:

(a) If born between January 1 and February 15, the renewal period is between January 1, 2014 and March 31, 2014;

(b) If born between February 16 and March 31, the renewal period is between April 1, 2014 and June 30, 2014;

(c) If born between April 1 and May 15, the renewal period is between July 1, 2014 and September 30, 2014;

(d) If born between May 16 and June 30, the renewal period is between October 1, 2014 and December 31, 2014;

(e) If born between July 1 and August 15, the renewal period is between January 1, 2015 and March 31, 2015;

(f) If born between August 16 and September 30, the renewal period is between April 1, 2015 and June 30, 2015;

(g) If born between October 1 and November 15, the renewal period is between July 1, 2015 and September 30, 2015; and

(h) If born between November 16 and December 31, the renewal period is between October 1, 2015 and December 31, 2015.

2326.4 If a registrant fails to renew his or her registration during the renewal period listed in § 2326.3, the registrant shall be subject to the following:

(a) If the registrant renews within thirty (30) days of the end of renewal period listed in § 2326.3, the renewal shall be processed as if submitted on time;

(b) If the registrant renews more than thirty (30) days but fewer than ninety (90) days after the end of the renewal period listed in § 2326.3, the registrant shall pay twice the amount of the firearm registration fee listed in § 2331.1; and

(c) If the registrant fails to renew ninety (90) days or more after the end of the renewal period listed in § 2326.3:

(1) The registrant’s registration shall be cancelled;

(2) The registrant shall be treated as a new registrant subject to §§ 2305 through 2313; and

(3) The firearm shall be subject to § 202 of the Act.

History

• SOURCE: Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

24 DCMR § 2327 [RESERVED]

24 DCMR § 2328 [RESERVED]

24 DCMR § 2329 [RESERVED]

24 DCMR § 2330 [RESERVED]

24 DCMR § 2331 FEES

2331.1 The following fees shall be charged in connection with the services provided under this chapter:

(a) Accident reports – $3.00;

(b) Arrest records – $7.00;

(c) Fingerprints – $35.00;

(d) Firearm registration – $13.00;

(e) Firearms training instructor certification – $400.00;

(f) Transcript of records – $3.00; and

(g) License to carry a pistol – $75.00.

History

• SOURCE: Final Rulemaking published at 28 DCR 1908 (May 1, 1981); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013); as amended by Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2331

24 DCMR § 2332 LICENSES FOR CONCEALED PISTOLS

2332.1 A person is eligible for issuance of a license to carry a concealed pistol (concealed carry license or license) only if the person:

(a) Is twenty-one (21) years of age;

(b) Meets all of the requirements for a person registering a firearm pursuant to the Firearms Control Regulations Act of 1975 (the Act), effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2014 Supp.));

(c) Possesses a pistol registered pursuant to the Act;

(d) Does not currently suffer nor has suffered in the previous five (5) years from any mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; provided, that if the person no longer suffers such mental illness or condition, and that person has provided satisfactory documentation required under § 2337.3, then the Chief may determine that this requirement has been met;

(e) Has completed a firearms training course, or combination of courses, conducted by an instructor (or instructors) certified by the Chief;

(f) Has a bona fide residence or place of business:

Within the District of Columbia;

(2) Within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States; or

(3) Within the United States and meets all registration and licensing requirements pursuant to the Act;

(g) Has demonstrated to the Chief good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol; and

(h) Is a suitable person to be so licensed.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2332

24 DCMR § 2333 GOOD REASON TO FEAR INJURY TO PERSON OR PROPERTY

2333.1 A person shall demonstrate a good reason to fear injury to his or her person by showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant’s life.

2333.2 For the purposes of satisfying the specifications of § 2333.1, a person shall allege, in writing, serious threats of death or serious bodily harm, any attacks on his or her person, or any theft of property from his or her person. The person shall also allege that the threats are of a nature that the legal possession of a pistol is necessary as a reasonable precaution against the apprehended danger.

2333.3 The person shall provide all evidence of contemporaneous reports to the police of such threats or attacks, and disclose whether or not the applicant has made a sworn complaint to the police or the courts of the District of Columbia concerning any threat or attack.

2333.4 The fact that a person resides in or is employed in a high crime area shall not by itself establish a good reason to fear injury to person or property for the issuance of a concealed carry license.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2333

24 DCMR § 2334 OTHER PROPER REASON FOR CONCEALED CARRY LICENSE

2334.1 A person may allege any other proper reason that the Chief may accept for obtaining a concealed carry license which may include:

(a) Employment of a type that requires the handling of large amounts of cash or other highly valuable objects that must be transported upon the applicant’s person; or

(b) The need for a parent, son, daughter, sibling, or other adult member of the immediate family to provide protection of a family member who is physically or mentally incapacitated to a point where he or she cannot act in defense of himself or herself, and the family member who is physically or mentally incapacitated can demonstrate a good reason to fear injury to his or her person by showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant’s life in the manner described in § 2333.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2334

24 DCMR § 2335 SUITABILITY TO OBTAIN A CONCEALED CARRY LICENSE

2335.1 A person is suitable to obtain a concealed carry license if he or she:

(a) Meets all of the requirements for a person registering a firearm pursuant to the Act;

(b) Has completed a firearms training course, or combination of courses, conducted by an instructor (or instructors) certified by the Chief;

(c) Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance, unless the habitual use of a controlled dangerous substance is under licensed medical direction;

(d) Has not engaged in conduct, including threats, that demonstrates that the person’s carrying of a concealed pistol poses a credible threat of danger to the person or others. For purposes of this paragraph, the Chief may consider any relevant evidence, including, but not limited to, information contained in law enforcement records or other governmental records, or from non-governmental sources; and

(e) Does not currently suffer nor has suffered in the previous five (5) years from any mental disorder, illness, or condition that creates a substantial risk that the person is a danger to the person or others, or if the Chief has determined that the person is suitable based upon documentation provided by the person pursuant to § 2337.3.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015); as amended by Final Rulemaking published at 72 DCR 005751 (May 9, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2335

24 DCMR § 2336 FIREARMS TRAINING COURSE REQUIRMENTS

2336.1 To satisfy the firearms training eligibly requirement of § 2332.1(e), a person shall obtain a certificate of completion from an instructor (or instructors) certified by the Chief that includes at least sixteen (16) hours of training, and covers the following:

(a) Firearm safety, including firearm safety in the home, a discussion of prevention of access by minors, locking and storing of firearms, and use of safety devices such as secure lock boxes;

(b) Firearm nomenclature;

(c) The basic principles of marksmanship;

(d) The care, cleaning, maintenance, loading, unloading, and storage of pistols;

(e) Situational awareness, conflict management, and use of deadly force;

(f) Selection of pistols and ammunition for defensive purposes; and

(g) All applicable District and federal firearms laws, including the requirements of the Act, An Act To control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code §§ 22-4501 et seq.), and District law pertaining to self-defense.

2336.2 In addition to the requirements of § 2336.1, a person shall complete at least two (2) hours of range training, including shooting a qualification course of fifty (50) rounds of ammunition from a maximum distance of fifteen (15) yards (forty-five (45) feet), and receiving a qualifying score of seventy percent (70%) as certified by the instructor.

2336.3 The Chief may, on a case by case basis, exempt a person from the requirements of §§ 2336.1 and 2336.2 if the person submits evidence that he or she has received firearms training in the U.S. military or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required by the Act.

2336.4 An applicant may submit to the Chief the application required under § 2337 without including the certificate of completion of training required by this section; provided that if the Chief preliminarily approves the application pursuant to § 2339, the applicant has forty-five (45) days to submit the certificate of completion and successfully complete the range training.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2336

24 DCMR § 2337 CONCEALED CARRY APPLICATIONS

2337.1 A complete concealed carry license application shall be submitted to the Firearms Registration Section in the format and on forms prescribed by the Chief.

2337.2 The application shall include:

(a) The applicant’s name, address, driver’s license number or other government issued photo identification number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers, and email (optional);

(b) If applying as a District resident or business owner, proof of a bona fide District residence or place of business;

(c) Evidence of completion or intent to complete the firearms training requirements in § 2336 by:

Proof of the applicant’s completion of a firearm training course within the past two (2) years in the manner prescribed by the Chief in § 2336;

Support for the applicant’s request for an exemption from the firearm training course requirement as permitted by the Act; or

If the applicant chooses to seek a preliminary approval pursuant to § 2339, then the applicant shall certify that he or she will provide proof of completion of the firearms training requirements within forty-five (45) days of the Chief’s provisional approval of the application pursuant to § 2339;

(d) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Chief on the application;

(e) A declaration by the applicant as to whether or he or she currently suffers or has suffered in the previous five (5) years from any mental disorder, illness, or condition that creates a substantial risk that he or she is a danger to himself or herself or others. If the applicant attests to suffering from any mental disorder, illness, or condition, the applicant shall sign an authorization to disclose any treatment records related to those circumstances;

(f) An authorization by the applicant to the Department of Behavioral Health, or any other similar agency or department of another state to disclose to the Chief information as to whether the applicant:

(1) Suffers from a mental illness or condition and has a history of violence; or

(2) Has been voluntarily or involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with a mental illness or condition;

(g) Proof, including any documents, statements of third parties taken under oath and before a notary, or personal statements of the applicant to demonstrate to the Chief that the person has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol;

(h) Any information reasonably required by the Chief, as part of the application form or materials, to complete an investigation required by § 2338;

(i) A declaration by the applicant that the applicant is not prohibited under federal or District law, or state law of the applicant’s residence, from possessing a handgun;

(j) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate; and

(k) A declaration by the applicant acknowledging that the applicant shall be responsible for compliance with all federal and District laws, rules, regulations, and procedures that are applicable to this license.

2337.3 The Chief may find the applicant has satisfied the requirements of § 2335.1(e) if the applicant submits a notarized report under oath from a registered psychologist or psychiatrist, with which the applicant has bona fide patient relationship, stating that the psychologist or psychiatrist has examined the applicant within six (6) months prior to submitting the statement and found the applicant to no longer to be suffering from any mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others.

2337.4 The application must be accompanied by the fees for Fingerprints and License to carry a pistol listed in §§ 2331.1(c) and (g), respectively.

2337.5 The Chief may waive some or the entire application fee for good cause shown on the application.

2337.6 Any knowing material omission or false statement made by or provided by the applicant may be considered grounds for denial of a conceal carry license, or revocation for a license falsely obtained, and may subject the person to criminal prosecution for perjury.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015); as amended by Final Rulemaking published at 72 DCR 005751 (May 9, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2337

24 DCMR § 2338 INVESTIGATION OF APPLICATION

2338.1 The Chief shall conduct an investigation of every applicant within a reasonable period of time after receipt of a completed application.

2338.2 The following areas shall be a part of the investigation of every applicant and shall be considered by the Chief in determining whether a concealed carry license shall be issued:

(a) Age of the applicant;

(b) Occupation, profession, or employment of the applicant;

(c) Verification of the applicant’s eligibility, including a firearms training course completion certificate from a certified trainer;

(d) Verification of the information supplied by the applicant in the application;

(e) Information received from personal references and other persons interviewed;

(f) Information received from business or employment references as may be necessary in the discretion of the investigator;

(g) Criminal record of applicant, including any juvenile record.

(h) Medical or mental health history of applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;

(i) Psychiatric or psychological background of the applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;

(j) The applicant’s propensity for violence or instability that could reasonably render the applicant’s wearing, carrying, or transporting of a handgun a danger to the applicant or to others;

(k) The applicant’s use of intoxicating beverages or drugs;

(l) The reasons given by the applicant for carrying, wearing, or transporting a handgun, and whether those reasons demonstrate good cause;

(m) Whether the permit is necessary as a reasonable precaution for the applicant against apprehended danger; and

(n) Any other areas the Chief determines are reasonably necessary to determine if the applicant is eligible to obtain a concealed carry license.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2338

24 DCMR § 2339 PRELIMINARY APPROVAL

2339.1 The Chief shall issue a preliminary approval to carry a concealed pistol or provide a written denial of the application within a reasonable time after receiving an application containing all required supporting documents, with the exception of proof of completion of the firearms training requirements. A reasonable period of time shall normally be within ninety (90) days; however, the time may be extended by the Chief for an additional ninety (90) days where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.

2339.2 After completing the investigation of the application, the Chief shall either:

(a) Deny the application pursuant to § 2340; or

(b) Issue a preliminary approval of the application.

2339.3 If the Chief issues a preliminary approval of the application, it shall:

Be in writing;

Notify the applicant that he or she has forty-five (45) days from the date of the preliminary approval to provide proof of completion of the firearms training course requirements in §§ 2336.1 and 2336.2; and

Notify the applicant that the Chief may deny the application pursuant to § 2340 if the applicant fails to provide the documentation required under paragraph (b) within the allotted time.

2339.4 If the applicant provides the information required under § 2339.3(b), the application shall be deemed complete and the Chief shall issue the license pursuant to § 2340.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2339

24 DCMR § 2340 ISSUANCE OR DENIAL

2340.1 The Chief shall issue a license to carry a concealed pistol or provide a written denial of the application within a reasonable time after receiving a completed application. A reasonable period of time shall normally be within ninety (90) days; however, the time may be extended by the Chief for an additional ninety (90) days where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.

2340.2 A completed application shall satisfy all the requirements prescribed by the Chief including evidence that applicant has satisfied the firearms training requirements in § 2336.

2340.3 A written denial provided by the Chief shall contain the reasons the application was denied and a statement of the applicant’s appeal rights.

2340.4 The Chief may limit the geographic area, circumstances, or times of the day, week, month, or year in which a license is valid or effective.

2340.5 Unless otherwise limited or revoked by the Chief pursuant to § 2341, a concealed carry license expires two (2) years from the date of issuance.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2340

24 DCMR § 2341 REVOCATION, LIMITATION, AND SUMMARY SUSPENSION

2341.1 The Chief may revoke a concealed carry license on a finding that the licensee:

(1) No longer satisfies one or more of the concealed carry license qualifications set forth in the Act or any regulation authorized by the Act; or

(2) Failed to comply with one or more requirements or duties imposed upon the licensee by the Act or any regulation authorized by the Act.

2341.2 A concealed carry license may be limited, after its issuance, as described in § 2340.4, upon a finding by the Chief that such limitation is necessary to protect the health, safety, security, or welfare of the District and its residents.

2341.3 The Chief shall provide a written notice of revocation or limitation to a person whose license is revoked or limited. The written notice shall contain:

The reasons the license was revoked or limited; and

A statement that the revocation or limitation will take effect unless the licensee requests an appeal to the Concealed Pistol Licensing Review Board (Board) no later than fifteen (15) days after the receipt of the notice of revocation or limitation.

2341.4 Unless a licensee has requested an appeal pursuant to § 2341.6(b), a licensee whose concealed carry license is revoked shall return the license to the Firearms Registration Section within fifteen (15) days after receipt of the notice of revocation.

2341.5 The Chief may summarily suspend or limit, without a hearing, a concealed carry license, when the Chief has determined that the conduct of the licensee presents an imminent danger to the health and safety of a person or the public.

2341.6 At the time of the summary suspension or limitation of a concealed carry license, the Chief shall provide the licensee with written notice stating:

The action that is being taken;

The basis for the action; and

The right of the licensee to request a hearing with the Board pursuant to § 2341.7.

2341.7 A licensee shall have the right to request a hearing by the Board within seventy-two (72) hours after service of notice of the summary suspension or limitation of the concealed carry license. The Board shall hold a hearing within seventy-two (72) hours after receipt of a timely request and shall issue a written decision within seventy-two (72) hours after the hearing.

2341.8 Upon receipt of a summary suspension notice issued pursuant to § 2341.6, the licensee shall immediately return his or her suspended license to the Chief.

2341.9 If the Board does not sustain a summary suspension, the suspended concealed carry license shall be returned to the licensee.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2341

24 DCMR § 2342 APPEAL

2342.1 With the exception of an appeal of a summary suspension or limitation of a license, a person whose original or renewal license application is denied or whose license is revoked or limited may submit a written request to the Board to review the decision of the Chief within fifteen (15) days after receipt of the notice of denial, revocation, or limitation.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2342

24 DCMR § 2343 AMMUNITION CARRIED BY LICENSEE

2343.1 [REPEALED].

2343.2 A person issued a concealed carry license by the Chief may not carry any restricted pistol bullet as that term is defined in the Act.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015); as amended by Final Rulemaking published at 69 DCR 015579 (December 30, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2343

24 DCMR § 2344 PISTOL CARRY METHODS

2344.1 A licensee shall carry any pistol in a manner that it is entirely hidden from view of the public when carried on or about a person, or when in a vehicle in such a way as it is entirely hidden from view of the public.

2344.2 A licensee shall carry any pistol in a holster on their person in a firmly secure manner that is reasonably designed to prevent loss, theft, or accidental discharge of the pistol.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2344

24 DCMR § 2345 NON-RESIDENT APPLICATIONS FOR CONCEALED CARRY LICENSE

2345.1 A non-resident of the District, as defined by the Act, may apply to the Firearms Registration Section for a concealed carry license upon a showing that the applicant meets all of the eligibility requirements of § 2332.

2345.2 A non-resident may satisfy some or all of the firearms training requirements in § 2336 by providing proof of completion of a firearms training course in another state or subdivision of the United States.

2345.3 A non-resident shall obtain a certification from a firearms trainer that the applicant has received and completed training in District firearms law and the District law of self-defense.

2345.4 A non-resident must demonstrate to the Chief that he or she has a good reason to fear injury to his or her person or property, as defined by the Act and these regulations, by showing that the fear is from a cause that will likely be present in the District and is not a cause that is likely to be present only in another jurisdiction.

2345.5 A non-resident must demonstrate to the Chief that he or she has any other proper reason for carrying a pistol, as defined by the Act and these regulations, by showing that the other proper reason exists in the District.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2345

24 DCMR § 2346 SIGNAGE TO PREVENT ENTRANCE BY CONCEALED CARRY LICENSEE ONTO NON-RESDIENTIAL PRIVATE PROPERTY

2346.1 Signs stating that the carrying of firearms is prohibited on any private property shall be clearly and conspicuously posted at any entrance, open to the public, of a building, premises, or real property.

2346.2 A sign shall be considered conspicuous if it is at least eight (8) inches by ten (10) inches in size and contains writing in contrasting ink using not less than thirty-six (36) point type.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2346

24 DCMR § 2347 FIREARMS TRAINING INSTRUCTOR CERTIFICATION

2347.1 Any person providing firearms training to an applicant for a concealed carry license shall obtain a valid certification issued by the Chief in accordance with this section.

2347.2 A certified firearms training instructor shall obtain proof of certification from the Chief before providing instruction to an applicant for a concealed carry license.

2347.3 Upon a person’s satisfactory completion of a required firearms training course, a certified firearms training instructor shall:

(a) Provide the person a firearms training certificate that includes:

(1) The person’s name and date of birth;

(2) The instructor’s name;

(3) The length in hours of the course;

(4) The date of course completion;

(5) The location of the training;

(6) A declaration certifying that the course met the minimum standards prescribed by the Act and the Chief; and

(7) A declaration certifying that the person completed the course; and

(b) Submit the requisite information to the Firearms Registration Section.

2347.4 A certified firearms training instructor application shall be submitted to the Security Officers Management Branch in the format prescribed by the Chief.

2347.5 The certified firearms training instructor application shall:

(a) Meet, with the exception of Section 203(a)(13)(A) of the Act (D.C. Official Code § 7-2502.03(a)(13)(A) (2012 Repl. & 2014 Supp.)), all of the requirements for a person registering a firearm pursuant to the Firearms Control Regulations Act of 1975 (the Act), effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2014 Supp.));

(b) Include the applicant’s name, address, driver’s license or other government issued photographic identification, place and date of birth, home address and telephone number, work address and telephone number, email address, name and location of firing range to be used to provide training, and business website address (optional);

(c) Include proof of the applicant’s formal training in the care, safety, and use of firearms, which may be satisfied pursuant to the conditions stated in Section 902(c) of the Act;

(d) Include proof of the applicant’s minimum of one (1) year of experience in instruction in the care, safety, and use of handguns; and

(e) Include a detailed syllabus describing the methods and materials the trainer will use to conduct the firearms training for a concealed carry license.

2347.6 Any person licensed by the Chief as of the effective date of the Act to provide firearms instruction training to special police officers and who is seeking to be certified under this section shall not be required to pay the fees listed under § 2331.1; provided, that he or she shall pay the fees upon renewal of his or her firearms instructor license in March 2015.

2347.7 Upon receipt of a properly completed application, the Chief shall issue a certification or denial to the applicant within a reasonable time.

2347.8 A certified firearms training instructor license expires two (2) years from the date of issuance.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2347

24 DCMR § 2348 SAFE STORAGE OF FIREARMS AT A PLACE OF BUSINESS

2348.1 No registrant shall store or keep any firearm on any premises under his or her control if he or she knows or reasonably should know that a minor or a person prohibited from possessing a firearm under D.C. Official Code § 22-4503 can gain access to the firearm.

2348.2 When not in storage, each registrant shall carry the firearm on his or her person or within such close proximity that he or she can readily retrieve or use it as if he or she carried it on his or her person; provided, that the firearm is entirely hidden from view of the public.

2348.3 If the firearm is stored at a place of business, it shall be stored in a gun safe, locked box, or other secure device affixed to the property.

History

• SOURCE: Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2348

24 DCMR § 2399 DEFINITIONS

2399.1 When used in this chapter, and in forms prescribed under this chapter, where not otherwise distinctly expressed or manifestly incompatible with the intent of the Act or this chapter, the following terms shall have the meanings ascribed:

Act – the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2013 Supp.)).

Board – means the Concealed Pistol Licensing Review Board.

Bona fide patient relationship – means a relationship between a psychiatrist or psychologist and a patient in which:

A complete assessment of the patient’s mental health history, current mental health condition, and a current mental health examination has taken place; and

Where the psychiatrist or psychologist has responsibility for the ongoing care and mental health treatment of the patient.

Bona fide residence – means a dwelling place of a person that is documented by two (2) or more of the following:

(a) Voter registration indicating the address of the dwelling place;

(b) Motor vehicle registration indicating the address of the dwelling place;

(c) Motor vehicle driver permit indicating the address of the dwelling place;

(d) Withholding and payment of individual income taxes indicating the address of the dwelling place including:

(1) Copies of certified District or state income tax returns; and

(2) Copies of certified federal tax returns filed with the U.S. Internal Revenue Service;

(e) Certified deed or lease or rental agreement for real property indicating the address of the dwelling place;

(f) Cancelled checks or receipts for mortgage or rental payments;

(g) Utility bills and payment receipts indicating the address of the dwelling place;

(h) A copy of a bank account statement in the name of the applicant at the address of the dwelling place;

(i) Copies of credit card or brokerage account statements mailed to the applicant at the address of the dwelling place; or

(j) Copies of automobile insurance statements mailed to the applicant at the address of the dwelling place.

Chief – means the Chief of the Metropolitan Police Department or his or her designee.

Dealer – any person engaged in the business of buying, selling, or otherwise dealing in firearms, ammunition, or destructive devices at wholesale or retail; any person engaged in the business of repairing, testing, or analyzing firearms; any person engaged in the business of making or fitting special barrels, stocks, or trigger mechanisms for firearms or destructive devices; or any person repairing, testing, analyzing, or making any destructive device or ammunition.

Director – the commanding officer or acting commanding officer of the Police Business Services Division of the Metropolitan Police Department or their delegates.

Explosive or explosives – any chemical compound or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportion, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator, or any part of the compound or mixture, may cause a sudden generation of highly heated gasses that results in gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb. (Art. 9, § 3 of the Police Regulations).

Firearms Registration Section – a part of the Police Business Services Division of the Metropolitan Police Department, located in 300 Indiana Avenue, N.W., Washington, D.C. 20001.

Home – the principal place of residence of an individual in the District and limited to the interior of a house, condominium unit, cooperative unit, apartment, houseboat, or a mobile home, so long as that structure is not capable of unassisted movement. The term home does not include any common areas of any condominium unit, cooperative unit, or apartment.

Intrafamily offense – shall have the same meaning as provided in D.C. Official Code § 16-1001(8) (2012 Repl.).

Licensee – means a person issued a license for a concealed pistol.

Licensed dealer – a deadly weapons dealer licensed under the Act and this chapter.

Machine gun – means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term “machine gun” shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

Pistol – any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.

Place of business – means a business that is located in an immovable structure at a fixed location, as documented by a business license or certificate of occupancy, and that is operated and owned entirely, or in substantial part, by a firearm registrant.

Security Officers Management Branch – a part of the Police Business Services Division of the Metropolitan Police Department, located at 2000 14th Street, N.W., Washington, D.C. 20009.

Supervisor – the person in charge of the Firearms Registration Section.

History

• SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061 (March 4, 1977); as published at 35 DCRR § 301, November 1980, Special Edition; as amended by Article 9, §3 of the Police Regulations (May 1981); as amended by Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4386 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013); as amended by Final Rulemaking published at 62 DCR 9781 (July 17, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2399

24-24 FIREARMS BOUNTY FUND

24 DCMR § 2400 AUTHORITY AND PURPOSE

2400.1 The purpose of this chapter is to provide rules to administer the Firearms Bounty Fund (Fund) established by D.C. Code 6-2384.

2400.2 The Firearms Bounty Fund shall be operated as a proprietary fund and shall consist of monies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund.

2400.3 The Fund shall be administered by the Metropolitan Police Department.

2400.4 Disbursements from the Fund shall be used exclusively for the payment of cash rewards to persons who provide District of Columbia law enforcement agencies with tips that lead to the adjudication or conviction of the following:

(a) A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange for money or other thing of value; or

(b) A person who has committed a crime with a firearm.

2400.5 The amount of each cash reward shall be determined at the discretion of the Chief of Police and shall not exceed one hundred thousand dollars ($100,000) per tip.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is §6 of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992, D.C. Law 9-115, D.C. Code §6-2384 (1989 Repl. Vol.).
• SOURCE: Final Rulemaking published at 41 DCR 6037 (August 26, 1994).

24 DCMR § 2401 REWARD ADVISORY PANEL

2401.1 The Chief of Police shall establish a Reward Advisory Panel which will consist at a minimum of the following:

(a) The Support Services Officer, who shall chair the panel;

(b) The Director, Criminal Investigations Division; and

(c) A representative from the law enforcement agency which made the arrest based on information provided if other than the Metropolitan Police Department.

2401.2 The Reward Advisory Panel shall review each case upon the adjudication or conviction of a defendant arrested based on information provided under this chapter in order to determine the recommended amount of the award to be paid.

2401.3 If information was provided by more than one source, the Reward Advisory Panel shall determine the share of the reward to be awarded to each citizen based on the value of the information to the investigation and prosecution of the case.

2401.4 If the candidate for a reward from this Fund was nominated by a law enforcement agency other than the Metropolitan Police Department, the Chairman of the Reward Advisory Panel shall request a representative from the arresting agency to sit on the Panel when it reviews that case.

2401.5 The Reward Advisory Panel shall forward its recommendations to the Chief of Police for approval.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6038 (August 26, 1994).

24 DCMR § 2402 REWARD ELIGIBILITY

2402.1 No reward money shall be paid to any officer or employee of a District of Columbia law enforcement agency, or of any penal, correctional, or welfare institution, or of any court, legal agency, or other agency closely involved in the criminal justice system.

2402.2 Witnesses who are compelled by law to testify or who give testimony in exchange for other considerations such as, but not limited to, immunity or plea bargains may not qualify for a reward unless it is determined by the Reward Advisory Panel that the information was given voluntarily at an early stage of contact with the law enforcement agency and under circumstances which would justify the payment of a reward.

2402.3 Special Employees of law enforcement agencies may be eligible for a reward from this Fund at the discretion of the Reward Advisory Panel.

2402.4 Citizens may not receive a reward for a case from this Fund if they have already received another Metropolitan Police Department or other law enforcement agency reward such as "Gotcha," "Capture," or "Crime Solvers" for the same case.

2402.5 Any information originally deriving from official law enforcement personnel may not be used to qualify a person for a reward from this Fund.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6038 (August 26, 1994).

24 DCMR § 2403 REWARD AMOUNT CRITERIA

2403.1 Determination of the amount of the reward shall be based on, but not limited to, the following considerations:

(a) The nature of the defendant's involvement in major firearm-trafficking;

(b) The number of firearm-related cases closed with the arrest of the defendant;

(c) Other firearm-related incidents in which the defendant is known or proved to have been involved;

(d) The seriousness of the crime committed with a firearm;

(e) Other serious criminal activity in which the defendant has been involved;

(f) Quality of the information supplied by the citizen;

(g) The willingness of the citizen to testify if needed;

(h) Share to be awarded when information from more than one citizen is involved; and

(i) Any other factor which the panel values as a benefit to the community as a result of the apprehension and indictment of the suspect.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6039 (August 26, 1994).

24 DCMR § 2404 REPORTING AND ADMINISTRATIVE PROCEDURES

2404.1 The Metropolitan Police Department shall publicize the Firearms Bounty Program through the media and through word of mouth by its investigators.

2404.2 The Metropolitan Police Department shall establish a twenty-four (24) hour central number for citizens to convey information regarding firearm offenses defined in this chapter. All calls shall be received in person by members of the Metropolitan Police Department, i.e., no tape recordings.

2404.3 Any element of the Metropolitan Police Department, other than that housing the central number for this Fund, shall refer citizens to the central number. If the citizen is unwilling or unable to call that number, all information will be taken and immediately relayed to the element housing the central number.

2404.4 All information received by the central number unit shall be relayed expeditiously to the appropriate investigating element of the Metropolitan Police Department.

2404.5 If information is received by members of the Metropolitan Police Department under this chapter which requires immediate attention, members shall take the appropriate action. If the action results in the arrest of a subject, arresting officers shall make reference in their report that the arrest was made based on information provided under this chapter. Arresting officers' supervisors shall then transmit a copy of all reports to the element housing the central number established under this chapter.

2404.6 The Metropolitan Police Department shall be responsible for tracking all cases made by its members under this chapter through the criminal justice system up to adjudication or conviction.

2404.7 Upon receiving a recommendation for a reward from the Reward Advisory Panel, the Chief of Police shall within fifteen (15) days of the receipt approve the reward, reduce the reward amount, or deny the reward.

2404.8 The Metropolitan Police Department shall make appropriate arrangements for the disbursement of monies from the Fund in the designated amount which was approved by the Chief of Police to the intended recipient.

2404.9 Callers shall be advised to maintain contact with the unit housing the central number at thirty-day (30) intervals in order to ascertain the status of their case.

2404.10 At any time, the Chief of Police may publicly announce a specific reward from the Fund for an identified crime or series of crimes which fall under this chapter.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6040 (August 26, 1994).

24 DCMR § 2405 CONFIDENTIALITY

2405.1 All callers so requesting shall be given an identifying number to preserve the caller's anonymity. Although every effort will be undertaken to maintain the caller's confidentiality, complete anonymity cannot be absolutely guaranteed. Further confidential information and identification will be necessary in the event that the caller later becomes entitled to a reward.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6041 (August 26, 1994).

24 DCMR § 2406 DISTRICT LAW ENFORCEMENT AGENCIES OTHER THAN THE METROPOLITAN POLICE DEPARTMENT

2406.1 The Metropolitan Police Department shall prescribe a form and substantiating documentation to be used by other law enforcement agencies to transmit candidates for rewards from this Fund.

2406.2 Within fifteen (15) days of the adjudication or conviction of a defendant arrested based on information from a citizen under this chapter, the law enforcement agency shall transmit the form and substantiating documentation to the Chairman of the Reward Advisory Panel of the Metropolitan Police Department.

2406.3 Law enforcement agencies submitting candidates for rewards from this Fund shall assign a representative to sit on the Advisory Review Panel when that case is reviewed.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6041 (August 26, 1994).

24 DCMR § 2407 PRIVATE DONATIONS TO THE FUND

2407.1 Contributions to the Fund may be made by private citizens and foundations by making a check payable to the "Firearms Bounty Fund" in care of the Metropolitan Police Department and forwarding it to the following address.

Director

Finance and Budget Division

Room 4106

Metropolitan Police Department

300 Indiana Avenue, N.W.

Washington, D.C. 20001-2106

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6041 (August 26, 1994).

24 DCMR § 2408 REQUIRED REPORTS

2408.1 The Chief of Police shall report annually to the Mayor and the Council all income and expenditures of the Fund.

2408.2 The Reward Advisory Panel shall forward to the Chief of Police a recommendation for a reward within forty-five (45) days of the adjudication or conviction of each defendant arrested based on information provided under this chapter.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6042 (August 26, 1994).

24 DCMR § 2499 DEFINITIONS

2499.1 When used in this chapter, the following terms and phrases of this chapter shall have the meanings ascribed:

Firearm - the same meaning as set forth in D.C. Code §6-2302(9).

Illegal firearm sale - the same meaning as set forth in D.C. Code §6-2381(4).

District of Columbia law enforcement agency - any federal or local agency whose members are authorized to make lawful arrests within the District of Columbia.

Special Employee - any citizen who routinely obtains financial remuneration from a law enforcement agency for providing information.

History

• SOURCE: Final Rulemaking published at 41 DCR 6037, 6042 (August 26, 1994).

24-25 METROPOLITAN POLICE DEPARTMENT USE OF CLOSED CIRCUIT TELEVISION

24 DCMR § 2500 PURPOSE

2500.1 The Metropolitan Police Department (MPD) has employed an internal network of closed circuit televisions (CCTV) that are highly secured and protected against unauthorized access.

2500.2 MPD's CCTV system is generally intended to be used: (1) to help manage public resources during major public events and demonstrations; (2) to coordinate traffic control on an as-needed basis; and (3) to combat crime as authorized by § 2508.

2500.3 In addition to the purposes listed in § 2500.2, the CCTV system may also be employed in exigent circumstances for the duration of the exigent event or circumstance.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002); as amended by the Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2500

24 DCMR § 2501 POLICY

2501.1 MPD shall comply with all federal and District law applicable to the use of CCTV cameras in public space.

2501.2 The technology will not be used to replace current policing techniques.

2501.3 Under no circumstances shall the CCTV systems be used for the purpose of infringing upon First Amendment rights.

2501.4 Operators of the CCTV systems shall not target/observe individuals solely because of their race, gender, ethnicity, sexual orientation, disability or other classifications protected by law.

2501.5 CCTV systems shall be used to observe locations that are in public view and where there is no reasonable expectation of privacy.

2501.6 MPD shall not use audio in conjunction with the CCTV unless appropriate court orders are obtained.

2501.7 MPD is authorized to enter into agreements with public entities to access their external video feeds for the purposes established in § 2500.

2501.8 MPD is authorized to enter into agreements with private entities to access their external video feeds for discrete periods and only in exigent circumstances.

2501.9 MPD shall abide by these regulations if it receives CCTV feeds from another agency, jurisdiction, or entity.

2501.10 Until legislation is enacted authorizing the use of CCTV for other purposes such as general crime deterrence in non-exigent circumstances, additional permanent cameras will only be installed after public notification has been provided and only in locations that will advance the purposes defined in Section 2500 of these regulations.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2501

24 DCMR § 2502 PUBLIC NOTIFICATION

2502.1 The Chief of Police shall provide public notification prior to the deployment of any permanent cameras, except:

(a) Under exigent circumstances; or

(b) When cameras are deployed pursuant to a court order.

2502.2 Public notice shall include the general capabilities of CCTV systems, their use in departmental operations, and the duration of the deployment. Public notice will also identify the viewing area, but not necessarily the precise location of the camera. The precise location of a camera may be disclosed if the Chief of Police determines that disclosure will not undermine the security of the camera and the efficacy of the deployment.

2502.3 The public shall have thirty (30) days to submit comments regarding a proposed deployment to the Chief of Police. The public may submit comments to the Chief of Police at any time regarding a particular camera deployment or the CCTV system in general.

2502.4 The Chief of Police shall consider the comments submitted by the public in determining whether to go forward with deployment of the camera. The Chief of Police will provide public notice of his decision and provide an explanation.

2502.5 In exigent circumstances, the Chief of Police is authorized to deploy cameras without first consulting or soliciting comments from the public. After the conclusion of the exigent circumstance, the camera shall be turned off immediately. As soon as feasible after the conclusion of the exigent circumstance, the Chief of Police shall have the camera removed. The Chief of Police will provide post-deployment public notification of any camera deployed under this provision.

2502.6 When cameras are deployed pursuant to a court order, neither pre nor post-deployment notification is required.

2502.7 MPD will post and maintain signage indicating the presence of CCTV systems in the District of Columbia.

2502.8 On a semi-annual basis, MPD will provide updates on the CCTV system at community meetings to be announced to the public.

2502.9 MPD will provide information about the CCTV system and its usage in its Annual Report. The information shall include the viewing area of cameras, periods of activation and/or recording and the purposes of activation and recording, disposition of any recordings, and an evaluation of whether the camera achieved the purposes stated in Section 2500. The MPD shall not include any information pertaining to cameras deployed pursuant to a court order or deployed as part of an on-going criminal investigation.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002); as amended by the Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2502

24 DCMR § 2503 OPERATOR CERTIFICATION

2503.1 Only certified operators shall operate the CCTV system.

2503.2 All operators of the CCTV systems shall sign a certification that they have read and understand the CCTV regulations and acknowledge the potential criminal and/or administrative sanctions for unauthorized use or misuse of the CCTV systems.

2503.3 Anyone who engages in the unauthorized use or misuse of CCTV systems shall be subject to criminal prosecution and/or administrative sanctions, including termination. The administrative sanctions will depend on the severity of the infraction and shall be taken in accordance with MPD's Disciplinary Procedures and Policies General Order and/or the adverse and corrective action procedures as provided in the District Personnel Manual.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2503

24 DCMR § 2504 ACTIVATION AND USAGE

2504.1 Except for demonstration purposes and exigent circumstances, members of MPD shall receive written authorization from the Chief of Police prior to activating the CCTV system.

2504.2 Every system activation shall be documented. MPD personnel will record activation information, including the disposition of any observed incidents, a copy of any written authorizations pertaining to each activation, the name(s) of any person(s) activating the system, a general description of the activity being monitored, and documentation of when activation began and ended.

2504.3 An official of the rank of Sergeant, civilian equivalent, or above shall be present in the Command Information Center (CIC) at all times, and shall supervise and monitor CCTV activities conducted in the CIC.

2504.4 Operators of CCTV systems shall not focus on hand bills, fliers, etc., being distributed or carried pursuant to First Amendment rights.

2504.5 Operators will dispatch resources as needed.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002); as amended by the Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)); as amended by Final Rulemaking published at 67 DCR 14712 (December 18, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2504

24 DCMR § 2505 AUTHORIZATION TO RECORD AND RETAIN RECORDINGS

2505.1 Except in exigent circumstances or when recording is being done pursuant to a court order, the Chief of Police shall issue written authorization prior to recording any CCTV feed.

2505.2 Every recording shall be documented. The record shall include a copy of any written authorizations pertaining to each period of recording, the name of any person recording, a general description of the activity being recorded, and documentation as to when the recording began and ended.

2505.3 When recordings are made in exigent circumstances, the recording documentation shall also include a description of the exigency that gave rise to the need to record without prior written authorization.

2505.4 All recorded CCTV footage shall be maintained and secured by the official in command.

2505.5 Video recordings shall be maintained for ninety (90) calendar days after which time they will be recorded over or destroyed.

2505.6 Recordings may be retained beyond ninety (90) calendar days because the recordings contain evidence of criminal activity, because the recordings capture an occurrence that may subject MPD to civil liability, or because the recording will be used for training purposes. Recordings that contain evidence of criminal activity or recordings that capture an occurrence that may subject MPD to civil liability shall be maintained to final case disposition.

2505.7 The Chief of Police must provide, in writing, any decision to retain any recording beyond ninety (90) calendar days.

2505.8 Decisions to retain recordings beyond ninety (90) calendar days must include the purpose of the retention, the nature of the recording, and length of time for the retention. Retention of recordings for training purposes must additionally include a written description of the training purpose to be served by the recording as well as a description of the recording’s unique suitability for the training purpose.

2505.9 Recordings used for training shall be retained in accordance with the Metropolitan Police Department’s retention schedule for records maintained by the Metropolitan Police Academy.

2505.10 Recordings retained for criminal or civil purposes shall be secured as evidence, and access to the recordings shall be appropriately limited and documented.

2505.11 MPD personnel shall maintain a video catalog of all tapes held beyond ninety (90) calendar days, including a copy of any written authorizations pertaining to each activation/recording, the name of any person doing any recording, a general description of each activation/recording, and documentation as to when activation/recording began and ended.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002); as amended by the Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)); as amended by the Civil Asset Forfeiture Amendment Act of 2014, effective June 16, 2015 (D.C. Law 20-278; 62 DCR 1920 (February 13, 2015)); as amended by Final Rulemaking published at 67 DCR 14712 (December 18, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2505

24 DCMR § 2506 MAINTENANCE

2506.1 MPD shall be responsible for the safekeeping, maintenance and servicing of MPD equipment (e.g., cameras, cables, monitors, recorders, etc.).

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2506

24 DCMR § 2507 AUDITS

2507.1 MPD's Office of Professional Responsibility will conduct periodic audits, at least quarterly, to ensure compliance with these regulations.

2507.2 The audits conducted pursuant to § 2507.1 shall be provided to the Mayor and the Council of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2507

24 DCMR § 2508 USE OF CCTV TO COMBAT CRIME

2508.1 The Chief of Police is authorized to use the CCTV system for the purpose of preventing, detecting, deterring, and investigating crime in neighborhoods in the District of Columbia.

2508.2 The Chief of Police shall, at a minimum, consider the following factors prior to using the CCTV system to combat crime:

(a) The number and type of calls for service in the proposed CCTV camera location;

(b) Any crimes that were committed in the proposed CCTV camera location; and

(c) A request or recommendation made by the Advisory Neighborhood Commission, or a civic or citizen association; and

(d) Any other objectively verifiable information from which the Chief of Police may ascertain whether the health, safety, or property of residents who live in the proposed CCTV location are endangered by crime or other illegal activity.

2508.3 The Chief of Police shall have the final authority to decide where to place a CCTV camera or CCTV cameras for crime-fighting purposes, although the Chief of Police shall be required to give consideration to locating cameras within public housing developments in Hot Spot Areas.

2508.4 When CCTV is used to combat crime, recordings may be passively monitored, meaning that the video feeds may not be monitored in real time, and recordings may be viewed by MPD personnel where there is reason to believe that the viewing may help solve a crime.

2508.5 The Chief of Police shall consult with the relevant Councilmember and the relevant ANC Commissioner prior to deploying CCTV cameras to combat crime. An ANC, or a civic or citizen association, upon determination of need, may submit a request to the Chief of Police that a CCTV camera be placed in its neighborhood.

2508.6 On or before February 15, 2008, the Chief of Police shall report to the Mayor and to the Council on the cameras' effectiveness at preventing, detecting, and solving crime since their installation. The report shall also evaluate whether the presence of cameras served to displace criminal activity. The effectiveness of the cameras shall be evaluated using, but not limited to, the following factors:

(a) The rate of crime in the specific area in which a surveillance camera is located from the date of the camera's installation until January 1,2008, compared with the rate of crime in the same PSA within the previous 2 years;

(b) The number of calls for service, including calls for service for public disorder, drug activity, and prostitution, in the specific area in which a surveillance camera is located from the date of the camera's installation until January 1,2008, compared with the number of calls for service in the same PSA within the previous 2 years;

(c) The same information in paragraphs (a) and (b) of this subsection in the PSAs that surround the PSA in which the specific area is located, for the purpose of measuring any potential displacement of crime caused by the deployment of the Closed Circuit Television Cameras in the specific areas;

(d) General crime trends in the specific area within a PSA in which a surveillance camera is located, the PSAs surrounding the specific areas, the specific areas' police districts, and the District of Columbia, within the previous 4 years;

(e) The number of crimes in the specific areas detected and reported to the Metropolitan Police Department because of the presence of the video surveillance cameras; and

(f) The number of crime investigations aided by the Closed Circuit Television Cameras, and a description in each case of how the camera was helpful to the investigation, during the period July 19,2006 to January 1, 2008.

2508.7 The report due February 15, 2008 shall also state the Metropolitan Police Department's long-term plan for the use of CCTV cameras to combat crime, including:

(a) Changes to the program, if any;

(b) Ultimate number of cameras to be installed;

(c) How CCTV cameras will be integrated with other crime-fighting measures; and

(d) Estimated fiscal impact of the long-range CCTV plan.

History

• SOURCE: The Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2508

24 DCMR § 2599 DEFINITIONS

2599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

ANC - Advisory Neighborhood Commission.

Chief of Police - The Chief of Police or his or her designee.

Closed Circuit Television or CCTV - Any live video link that is electronically received into any MPD property.

Demonstration - A temporary presentation of the capacity of the CCTV system to visitors of the MPD.

Exigent Circumstances - Unanticipated situations that threaten the immediate safety of individuals or property within the District of Columbia; provided, that the cameras have no greater scope or capabilities than reasonably necessary to achieve a legitimate law enforcement purpose.

External Video Feeds - Any video link received by MPD on a live basis from a source other than MPD.

MPD - Metropolitan Police Department.

PSA - Police Service Area.

Public Entities - District of Columbia, state, or federal agencies.

Public Notice or Notification - Notice that includes at a minimum, but is not limited to, publication in the District of Columbia Register, posting on the MPD website, written notice to the relevant Councilmember, written notice to the relevant ANC Commissioner, and issuance of a press release.

History

• SOURCE: Final Rulemaking published at 49 DCR 11443 (December 20, 2002); as amended by the Use of Closed Circuit Television to Combat Crime Amendment of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938 (February 2, 2007)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 2599

24-26 TRANSPORTATION OF ULTRA-HAZARDOUS MATERIALS

24 DCMR § 2600 ULTRA-HAZARDOUS MATERIALS TRANSPORT PERMIT

2600.1 Except as provided in § 2600.4, no carrier shall move a rail car or motor vehicle containing any of the following within the Capitol Exclusion Zone without an Ultra-Hazardous Materials Transport Permit issued by the Department:

(a) Explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms;

(b) Flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters;

(c) Poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116; or

(d) Poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133.

2600.2 Except as provided in § 2600.4, no carrier shall move a rail car or motor vehicle within the Capitol Exclusion Zone without a Hazardous Materials Transport Permit issued by the Department that:

(a) Is capable of containing explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms, and has exterior placarding or other markings indicating that it contains such materials;

(b) Is capable of containing flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters, and has exterior placarding or other markings indicating that it contains such materials;

(c) Is capable of containing poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116, and has exterior placarding or other markings indicating that it contains such materials; or

(d) Is capable of containing poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133, and has exterior placarding or other markings indicating that it contains such materials.

2600.3 There shall be two (2) types of Ultra-Hazardous Materials Transport Permits:

(a) Single-trip permit: Covers a one-time movement by a carrier of:

(1) Ultra-hazardous material by rail car(s) or motor vehicle(s) within the Capitol Exclusion Zone; or

(2) Ultra-hazardous material by empty rail car(s) or motor vehicle(s) within the Capitol Exclusion Zone.

(b) Annual permit: Covers for one (1) year:

(1) Recurring movements within the Capitol Exclusion Zone by a carrier of an ultra-hazardous material moved from the same point of origination to the same point of termination; or

(2) All movements within the Capitol Exclusion Zone by a carrier of empty rail cars or motor vehicles, provided the carrier shall present documentation upon request by the Director or his designated representative sufficient to verify the empty rail cars or motor vehicles.

2600.4 No carrier shall be required to obtain an Ultra-Hazardous Materials Transport Permit if the Director has declared an emergency.

History

• AUTHORITY: D.C. Code § 50-921.02, Mayors Orders 2003-11, 2005-34.
• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24 DCMR § 2601 ULTRA-HAZARDOUS MATERIALS TRANSPORT PERMIT APPLICATION PROCEDURES

2601.1 The carrier shall complete a permit application for an Ultra-Hazardous Materials Transport Permit provided by the Public Space Management Administration.

2601.2 In addition to such other information as the Public Space Management Administration may request, the permit application for an Ultra-Hazardous Materials Transport Permit shall include the following information:

(a) Type of ultra-hazardous material to be moved within the Capitol Exclusion Zone;

(b) Whether a rail car or motor vehicle will move the ultra-hazardous material within the Capitol Exclusion Zone;

(c) Route of the rail car or motor vehicle moving the ultra-hazardous material, including points of origination and termination;

(d) Statement and supporting documentation explaining why there is no practical alternative route that can be used to move the ultra- hazardous material;

(e) Emergency contact information; and

(f) Statement establishing that by signing the application, the carrier attests that the information provided on the application is true and complete.

2601.3 The carrier shall submit the completed Ultra-Hazardous Materials Transport Permit application to the Public Space Management Administration.

2601.4 After review and analysis of the information provided on the completed Ultra-Hazardous Materials Transport Permit application and upon receipt of the appropriate permit fee, the Director may:

(a) Issue a permit upon a demonstration that there is no practical alternative route; or

(b) Deny the permit.

2601.5 If the Director denies the permit application, the carrier may appeal the Director's denial by filing a request for a hearing with the Office of Administrative Hearings within fifteen (15) days after the Director's denial was issued.

2601.6 If the Ultra-Hazardous Materials Transport Permit is denied by the Director, the carrier may request that the Director reconsider the permit application. A request for reconsideration shall not act to stay the time for filing a request for hearing under § 2601.5.

2601.7 The Ultra-Hazardous Materials Transport Permit shall expire:

(a) Single-trip permit: Seven (7) days after the designated date of movement of the ultra-hazardous material;

(b) Annual permit: Three hundred sixty-five (365) days after the date of issuance.

2601.8 The Ultra-Hazardous Materials Transport Permit fee shall be:

(a) Single-trip permit: Three hundred dollars ($300);

(b) Annual permit: One thousand dollars ($1,000).

History

• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24 DCMR § 2602 ENFORCEMENT AND ADJUDICATION

2602.1 An enforcement action for any violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit shall be commenced with a written Notice of Violation (NOV) issued to any person deemed appropriate by the Director.

2602.2 The NOV shall be in the form prescribed by the Director and shall contain:

(a) The name and address of the respondent;

(b) A citation to the law or rule that the respondent allegedly violated;

(c) The nature, time, and place of the violation;

(d) The amount of the penalty applicable to the violation;

(e) Notification that the penalty must be paid within fifteen (15) days from the date of service of the NOV; and

(f) A statement explaining that the respondent has a right to request a hearing on the violation charged in the NOV; and

(g) The procedure by which the respondent may request a hearing on the violation charged in the NOV.

2602.3 The Director shall effect service of the NOV on a respondent by one of the following methods:

(a) Personal service on the respondent or respondent's agent;

(b) Delivering the NOV to the last known home or business address of the respondent or respondent's agent and leaving it with a person over the age of sixteen (16) years old residing or employed therein; or

(c) Mailing the NOV to the last known home or business address of the respondent or respondent's agent. For purposes of this section, "respondent's agent" means a general agent, employee, or attorney of the respondent.

2602.4 A respondent shall answer the NOV in accordance with this section within fifteen (15) days from the date of service of the NOV. In response to an NOV, a respondent shall do the following:

(a) Admit the violation and enclose the amount of the fine stated on the NOV by use of a personal check, company check, certified check, cashier's check, postal money order, or bank money order made payable to the order of the District of Columbia Treasurer; or

(b) Deny the commission of the violation and request a hearing to contest the violation.

2602.5 If a respondent has been served an NOV and fails, without good cause, to answer within fifteen (15) days from the date of service, the respondent shall be liable for the penalty applicable to the violation.

2602.6 Upon receipt of a respondent's answer denying the commission of a violation and requesting a hearing, the Director shall commence a case before the Office of Administrative Hearings and that case shall be adjudicated pursuant to the regulations of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1821 et seq.).

History

• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24 DCMR § 2603 SCHEDULE OF FINES

2603.1 Any person found in violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit shall be subject to penalties in accordance with the following schedule:

(a) First offense: Ten thousand dollars ($10,000);

(b) Subsequent offenses: Twenty-five thousand dollars ($25,000).

2603.2 Each violation shall be treated separately. When the violation is a continuing one, each day of the violation constitutes a separate offense.

2603.3 The Director may temporarily suspend or revoke an Ultra-Hazardous Materials Transport Permit when it can be demonstrated that a carrier has violated the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit.

2603.4 If any person fails to pay any penalty, costs, or interest due as the result of any violation of the Act, this chapter, or any condition of an Ultra-Hazardous Materials Transport Permit, the Director may use any method described in section 8(f) of the Litter Control Administration Act of 1985, effective March 6, 2002 (D.C. Law 14-78; D.C. Official Code § 8-807(f)) (2004 Supp.) to obtain payment.

History

• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24 DCMR § 2604 APPLICABILITY

2604.1 Beginning on April 11, 2005, this chapter shall apply to carriers who own locomotives used in providing transportation of ultra-hazardous materials.

2604.2 This chapter shall not apply to a carrier who owns a motor vehicle (excluding the trailer) used in providing transportation of ultra-hazardous materials until thirty (30) days after:

(a) A court or Federal agency with jurisdiction has determined that the Act is not preempted by 49 U.S.C. § 5125 or 49 C.F.R. § 397.69;

(b) The Director certifies that the criteria listed in 49 C.F.R. § 397.71 have been met; or

(c) A waiver of preemption has been granted pursuant to 49 C.F.R. §§ 397.213 and 397.219.

History

• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24 DCMR § 2699 DEFINITIONS

2699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

Act - the Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005, effective May 14, 2005 (D.C. Law 16-2), or any substantially identical successor legislation.

Capitol Exclusion Zone - all points within 2.2 miles of the United States Capitol building, except for land located beyond the geographic boundaries of the District of Columbia.

Carrier - the person who owns the locomotive or motor vehicle (excluding the trailer) used in providing transportation of ultra-hazardous materials.

C.F.R. - Code of Federal Regulations.

Department - the District of Columbia Department of Transportation.

Director - the Director of the District of Columbia Department of Transportation.

District - the District of Columbia.

Emergency - an unanticipated, temporary situation that threatens the immediate safety of individuals or property.

Empty Rail Car or Motor Vehicle - A rail car or motor vehicle that is capable of containing ultra-hazardous material, has exterior placarding or other markings indicating that it contains such material, and contains less than one percent (1%) by capacity or volume of any ultra-hazardous material.

Motor Vehicle - any vehicle propelled by internal-combustion engine, electricity, or steam, other than a vehicle designed to run only on rails or tracks, that is intended or used for moving freight, merchandise, or other commercial loads or property. A motor vehicle shall include any trailer attached to the motor vehicle.

Person - an individual, corporation, company, firm, agency, association, partnership, organization, or commercial entity. The term also includes a trustee, receiver, assignee, personal representative, or authorized agent thereof

Practical Alternative Route - a route that lies entirely outside of the Capitol Exclusion Zone and whose use would not make movement of ultra-hazardous material cost-prohibitive.

Public Space Management Administration - an administration within the Department that is responsible for the issuance of public space permits, or any successor District government entity.

Rail Car - any vehicle without motor power that is intended or used for moving freight, merchandise, or other commercial loads or property on rails or tracks and is drawn by locomotive.

Trailer - a vehicle without motor power intended or used for carrying freight, merchandise, or other commercial loads or property and drawn or intended to be drawn by a motor vehicle, whether such vehicle without motor power carries the weight of the property wholly on its own structure or whether a part of such weight rests upon or is carried by a motor vehicle.

Transportation - movement of a rail car or motor vehicle within the Capitol Exclusion Zone.

Ultra-Hazardous Material - explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms; flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters; poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116; or poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133.

U.S.C. - United States Code.

History

• SOURCE: Final Rulemaking Published at 52 DCR 10700 (December 9, 2005).

24-27 METROPOLITAN POLICE DEPARTMENT INVESTIGATIONS OF CRIMINAL ACTIVITY CONDUCTED UNDER THE GUISE OF FIRST AMENDMENT ACTIVITIES

24 DCMR § 2700 AUTHORITY AND PURPOSE

2700.1 The purpose of this chapter is to provide rules within the Metropolitan Police Department (MPD) pursuant to section 208(a) of the Police Investigations Concerning First Amendment Act of 2004 (Act) (2006 Supp.), effective April 13, 2005 (D.C. Law 15-352, D.C. Official Code § 5-333.01 et seq.) to govern investigations and preliminary inquiries involving First Amendment activities, including the authorization, conduct, monitoring, and termination of investigations and preliminary inquiries, and the maintenance, dissemination, and purging of records, files, and information from such investigations and preliminary inquiries. These rules do not apply to criminal investigations or inquiries that do not involve criminal activity conducted under the guise of First Amendment activities.

History

• AUTHORITY: D.C. Official Code §§ 5-333.01 et seq.
• EDITOR'S NOTE: Originally published as Chapter 26 and issued as Chapter 26A; recodified to Chapter 27 by ERRATA published March 28, 2008 at 55 DCR 3271.
• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2701 STATEMENT OF POLICY

2701.1 The District of Columbia is often the site of demonstrations and MPD must be prepared to deal with those groups and individuals that come not to exercise their Constitutional rights, but rather to engage in criminal acts under the guise of First Amendment activities.

2701.2 The rules of this chapter are intended to assure that MPD officers will protect the guarantees of the Constitution while at the same time perform their duties with certainty, confidence and effectiveness. These rules are binding on all MPD members who are engaged in the investigation of criminal activity as they pertain to First Amendment activities.

2701.3 It is MPD policy that investigations involving any criminal activity conform to the guarantees of the Constitution and that care is exercised in the conduct of those investigations so as to protect constitutional rights, and that matters investigated are confined to those supported by a legitimate law enforcement purpose.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2702 GENERAL PRINCIPLES

2702.1 To prevent criminal activity conducted under the guise of First Amendment activities and criminal acts of civil disobedience threatening public safety or the security of the city, MPD must, at times, initiate investigations in advance of unlawful conduct. It is important that such investigations not be based on activities protected by the First Amendment. MPD members may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against any person engaged in First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising his or her First Amendment rights. However, when statements advocate criminal activity threatening public safety or the security of the city, or indicate an apparent intent to engage in such criminal conduct, an investigation under these rules may be warranted.

2702.2 Investigative action may be required under exigent circumstances before authorization otherwise necessary under these rules can reasonably be obtained, in order to protect life or substantial property interests; to apprehend or identify a fleeing offender; to prevent the hiding, destruction or alteration of evidence; or to avoid other serious impairment or hindrance of an investigation.

2702.3 When any investigative action, taken under exigent circumstances, would require an approval under ordinary conditions, such approval shall be obtained as soon as practicable in accordance with the provisions of these rules, and ordinarily will be accomplished within twenty-four (24) hours.

2702.4 Where a regular approval or request is required to be in writing, the approval or request following exigent circumstances shall also be in writing.

2702.5 Investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement purpose justifies their continuance.

2702.6 Investigation of any criminal activity, committed by any person or group or member of such group, shall be initiated by, and conducted under the supervision of the Executive Director, Intelligence Fusion Division and the commanding officer, Intelligence Section. Nothing in this subsection, however, is intended to prevent any MPD member from reporting his or her observations of suspicious conduct that involves any criminal activity by any person or group or group member, or any other criminal activity, to his or her commanding officer or to the Intelligence Fusion Division.

2702.7 At least once every 90 days, the commanding officer of the Intelligence Section shall inform and advise the Executive Director, Intelligence Fusion Division, concerning the status of all open investigations being conducted pursuant to these rules. This does not preclude the immediate notification to the Executive Director, Intelligence Fusion Division of any investigation of an exigent nature.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2703 LEVELS OF INVESTIGATION

2703.1 There are two levels of investigative activity: Preliminary Inquiry and Full Investigation.

2703.2 The levels are intended to provide MPD with the necessary flexibility to act in advance of the commission of any criminal activity threatening public safety or security of the city.

2703.3 If available information shows that the threshold standard for a preliminary inquiry or full investigation is satisfied, then the appropriate investigative activity may be initiated immediately, without progressing through more limited investigative stages.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2704 PRELIMINARY INQUIRIES

2704.1 Preliminary inquiries occur where MPD receives information or an allegation not warranting an investigation because there is not yet "reasonable suspicion" of any criminal activity.

2704.2 MPD may initiate preliminary inquiries in response to information indicating the possibility of any criminal activity threatening public safety or the security of the city.

2704.3 Preliminary inquiries may be opened immediately, depending on the circumstances presented.

2704.4 Preliminary inquiries permit MPD to respond in a measured way to ambiguous or incomplete information, with as little intrusion as the needs of the situation permit.

2704.5 Preliminary inquiries are used when there is no complainant involved or when an allegation or information is received from a source of unknown reliability.

2704.6 Preliminary inquiries are subject to the limitations on duration under Section 2704.9 and are carried out to obtain the information necessary to make an informed judgment as to whether a full investigation is warranted.

2704.7 Preliminary inquiries are not required when facts or circumstances reasonably indicate any criminal activity that would threaten public safety or the security of the city. In such cases, a full investigation can be opened immediately pursuant to Section 2705.

2704.8 Preliminary inquiries may be authorized by the Executive Director, Intelligence Fusion Division or the appropriate supervisor of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander). The official authorizing the preliminary inquiry must ensure that the allegation or other information which warranted the inquiry is documented and preserved.

2704.9 Preliminary inquiries shall be completed within 60 days after initiation of the first investigative step. The date of the first investigative step is not necessarily the same date on which the first incoming information or allegation was received.

2704.10 The Executive Director, Intelligence Fusion Division, or designee of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander), may grant an extension of time in an inquiry for one subsequent 60-day period. All extension requests shall be in writing, and shall include a statement describing the information already collected and demonstrating why additional time is required to pursue the inquiry. The action taken on any such request for extension shall also be recorded in writing.

2704.11 The Chief of Police may grant an extension of time for inquiries requiring more than 120 days. All extension requests shall be in writing, and shall include a statement describing the information already collected and demonstrating why additional time is required to pursue the inquiry. The Chief of Police shall approve a preliminary inquiry under this section that is to remain open for more than 120 days, and shall do so in writing, stating the justification for the preliminary inquiry.

2704.12 All lawful investigative techniques may be used in preliminary inquiries, but reasonable precautions should be taken to minimize interference with First Amendment activities without impairing the success of preliminary inquiries. Undercover officers, informants, and mail covers may be used in an authorized preliminary inquiry after written approval and authorization is obtained from the Chief of Police or designee. Mail openings and wire interception and interception of oral communications, as defined in D.C. Official Code §23-541 (2001), shall not be used in a preliminary inquiry.

2704.13 Investigative techniques that may be used without prior authorization from a supervisor in the course of an authorized preliminary inquiry include, but are not limited to:

(a) examination of MPD indices and files, public sources of information, including available federal, state and local government records;

(b) interviews of complainant(s), potential subject(s), previously established informants, and other sources of information;

(c) interviews of persons who should readily be able to corroborate or deny the truth of the allegation, except this does not include pretext interviews or interviews of a potential subject's employer or coworkers (unless the interviewee was the complainant); and

(d) physical, photographic or video surveillance provided that such surveillance does not require a warrant.

2704.14 If there is an immediate threat of criminal activity, oral authority by the designated MPD commanding officer to use the investigative techniques described in 2704.12 is sufficient until a written authorization can be obtained; provided, that other legal requirements have been met. The required written authorization shall be obtained within 5 days of the occurrence of the emergency.

2704.15 Preliminary inquiries failing to disclose sufficient information to justify a full investigation shall be terminated.

2704.16 MPD shall record terminations of preliminary inquiries and destroy all information that would identify individuals associated with such inquiries.

2704.17 MPD shall maintain summaries of terminated preliminary inquiries, omitting information that would identify individuals. Such records shall be maintained in the Intelligence Section consistent with MPD's records retention schedule.

2704.18 All requirements regarding preliminary inquiries shall apply to preliminary inquiries that have been extended pursuant to section 2704.10 or 2704.11.

2704.19 A MPD member may initiate a preliminary inquiry relating to a First Amendment assembly, for public safety reasons, without authorization, as follows:

(a) Members may gather public information regarding future First Amendment assemblies and review notices and approved assembly plans.

(b) Members may communicate overtly with the organizers of a First Amendment assembly concerning the number of persons expected to participate, the activities anticipated, and other similar information regarding the time, place, and manner of the assembly.

(c) Members may communicate overtly with persons other than the organizers of a First Amendment assembly to obtain information relating to the number of persons expected to participate in the assembly.

(d) Members may collect information on prior First Amendment assemblies to determine what police resources may be necessary to adequately protect participants, bystanders, and the general public, and to enforce all applicable laws.

2704.20 Filming and photographing First Amendment assemblies may be conducted by MPD members for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of police units, and for training purposes. Filming and photographing of First Amendment assemblies may not be conducted for the purpose of identifying and recording the presence of individual participants who are not engaged in unlawful conduct.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2705 FULL INVESTIGATIONS

2705.1 A full investigation may be initiated when there is reasonable suspicion to believe that the persons, groups, or organizations to be investigated are planning or engaged in criminal activity that would threaten public safety or the security of the city. A full investigation may be conducted to prevent, solve or prosecute such criminal activity.

2705.2 Reasonable suspicion is a belief based on articulable facts and circumstances indicating a past, current, or impending violation of law. The reasonable suspicion standard is lower than the standard of probable cause; however, a mere hunch is insufficient as a basis for reasonable suspicion. A suspicion that is based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group is not a reasonable suspicion. In determining whether there is reasonable suspicion of a criminal act an investigator may take into account any facts or circumstances that a prudent investigator would consider.

2705.3 The standard for opening a full investigation is satisfied where there is not yet a current substantive or preparatory criminal act, but there is reasonable suspicion to believe that the persons, groups, or organizations to be investigated are planning or engaged in criminal activity that would threaten public safety or the security of the city.

2705.4 Any lawful investigative technique may be used in a full investigation, subject to the requirements and limitations of sections 2704 and 2706, but reasonable precautions should be taken to minimize interference with First Amendment activities without impairing the success of the investigation; except that the following techniques may be used in an authorized investigation after written approval and authorization is obtained from the Chief of Police or designee:

(a) Wire Interception and Interception of Oral Communications, as defined in D.C. Official Code § 23-541;

(b) Undercover officers and informants; and

(c) Mail covers, mail openings, pen registers, and trap and trace devices.

2705.5 A full investigation must be authorized in writing by the Executive Director, Intelligence Fusion Division, or the appropriate supervisor of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander), upon a written recommendation setting forth the facts or circumstances that create a reasonable suspicion that a criminal act has been, is being or will be committed; and describing the relevance of the First Amendment activities to the recommended investigation.

2705.6 A full investigation may be initially authorized for a period of 120 days. An investigation may be continued upon renewed authorization every 120 days, up to one year. Renewal authorization shall be obtained from the Executive Director, Intelligence Fusion Division. All requests for renewal authorization and action thereon, shall be in writing, shall describe the information already collected, and shall demonstrate that an extension is reasonably necessary to pursue the investigation. The Chief of Police shall approve investigations open for more than one year in writing, and shall state the justification for the investigation.

2705.7 Authorizations shall be reviewed, every 2 months, by a panel consisting of the Assistant Chief, Intelligence Fusion Bureau, Executive Director, Intelligence Fusion Division, commanding officer of the Intelligence Section and the General Counsel, before the expiration of the period for which the investigation or any renewal thereof, has been authorized.

2705.8 An investigation that has been terminated may be reopened upon a showing of the same standard, and pursuant to the same procedures, as required for initiation of an investigation. All requirements regarding investigations shall apply to reopened investigations. Any information pertaining to people found to be not associated with the criminal activity will be destroyed.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2706 INVESTIGATIVE TECHNIQUES

2706.1 Nothing in these rules shall be interpreted as prohibiting any MPD member, in the course of his or her duties, from visiting any place, and attending any event that is open to the public, or reviewing information that is in the public domain, on the same terms and conditions as members of the public, so long as the member has a legitimate law enforcement objective; provided, that any undercover activities shall be authorized as required by sections 2704 and 2705. When conducting investigations under these rules, MPD may use any lawful investigative technique. All requirements for the use of such methods under the Constitution, applicable statutes, and MPD regulations or policies must be observed.

2706.2 Where the conduct of an investigation presents a choice between uses of more or less intrusive methods, MPD investigators shall consider whether the information could be obtained in a timely and effective way by the less intrusive means.

2706.3 Undercover officers and informants shall not:

(a) participate in unlawful acts or threats of violence; using unlawful techniques to obtain information;

(b) initiate, propose, approve, direct, or suggest unlawful acts or a plan to commit unlawful acts;

(c) be present during criminal activity or remain present during unanticipated criminal activity, unless it has been determined in advance by an Intelligence Unit official to be necessary for the investigation;

(d) engage in any conduct the purpose of which is to disrupt, prevent, or hinder the lawful exercise of First Amendment activities;

(e) attend meetings or engage in other activities for the purpose of obtaining legally privileged information, such as attorney-client communications or physician- patient communications; and

(f) record or maintain a record concerning persons or organizations who are not a target of the investigation or preliminary inquiry, unless the information is material to the investigation or preliminary inquiry, or the information would itself justify an investigation or preliminary inquiry under these rules.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2707 FILES AND RECORDS

2707.1 The Chief of Police or designee shall evaluate information to be retained in an Intelligence Section file for the reliability of the source of the information and the validity and accuracy of the content of the information prior to filing. The file shall state whether the reliability, validity, and accuracy of the information have been corroborated. The Chief of Police or designee shall purge records that are not accurate, reliable, relevant, and timely.

2707.2 MPD shall not collect or maintain information about the political, religious, social, or personal views, associations, or activities of any individual, group, or organization unless such information is material to an authorized investigation or preliminary inquiry involving First Amendment activities.

2707.3 No information shall be knowingly included in an Intelligence Section file that has been obtained in violation of any applicable federal, state, or local law, ordinance, or regulation. The Chief of Police, or designee, shall be responsible for establishing that no information is entered in Intelligence Section files in violation of this subsection.

2707.4 MPD may disseminate information obtained during preliminary inquiries and investigations conducted pursuant to these rules to federal, state or local law enforcement agencies, or local criminal justice agencies when such information:

(a) falls within the investigative or protective jurisdiction or litigation-related responsibility of the receiving agency;

(b) may assist in preventing any criminal act or the use of violence, or any other conduct dangerous to human life; or

(c) is required to be disseminated by interagency agreement, statute, or other law.

2707.5 All requests for dissemination of information from an Intelligence Section file shall be evaluated and approved by the Chief of Police or designee. All dissemination of information shall be done by written transmittal or recorded on a form that describes the documents or information transmitted, and a record of the dissemination shall be maintained for a minimum of 5 years.

2707.6 Intelligence Section file information shall not be disseminated to any non-law enforcement agency, department, group, organization or individual, except as authorized by law.

2707.7 All documentation required under these rules shall be maintained by the Intelligence Section, Intelligence Fusion Division in accordance with general police department practice and applicable record retention and destruction rules, regulations and procedures.

2707.8 Any information pertaining to people found to be not associated with the criminal activity will be destroyed.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2708 PROTECTION OF PRIVACY AND OTHER LIMITATIONS

2708.1 The law enforcement activities authorized by these rules do not include maintaining files on individuals solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of any other rights secured by the Constitution or laws of the United States. All law enforcement activities authorized by these rules must have a valid law enforcement purpose and must be carried out in conformity with all applicable statutes and MPD regulations and policies.

2708.2 Section 2708.1 does not limit any activities authorized by or carried out under other sections of these rules. The specification of authorized law enforcement activities under this section is not exhaustive, and does not limit other authorized law enforcement activities of the MPD unrelated to criminal investigations or inquiries if conducted under the guise of First Amendment activities.

2708.3 Nothing in these rules shall limit the general reviews or audits of papers, files, contracts, or other records in the possession of the MPD or the District of Columbia, or the performance of similar services at the specific request of another government agency. Such reviews, audits, or similar services must be for the purpose of detecting or preventing violations of law that are within the investigative responsibility of MPD.

2708.4 Nothing in these rules is intended to limit the Metropolitan Police Department's responsibilities to investigate certain applicants and employees, or to pursue efforts to satisfy any other of its legal rights, privileges, or obligations.

2708.5 These rules are solely for the purpose of internal MPD, Intelligence Section guidance. These rules are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitation on otherwise lawful investigative and litigative prerogatives of MPD.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2709 TRAINING

2709.1 MPD shall require all members assigned to the Intelligence Section, Intelligence Fusion Division, to attend training on the Police Investigations Concerning First Amendment Act of 2004 and the rules promulgated to implement the Act.

2709.2 MPD shall require all members assigned to the Intelligence Section, Intelligence Fusion Division, to sign an acknowledgement that they have received, read, understood, will abide by, and will maintain a copy of this Act and the rules promulgated to implement it.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2710 MONITORING OF INVESTIGATIONS AND PRELIMINARY INQUIRIES

2710.1 The Executive Director, Intelligence Fusion Division, or a commanding officer of similar rank designated in the MPD regulations, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander), shall monitor the compliance of undercover officers and informants with the requirements of these rules.

2710.2 The Chief of Police shall annually prepare a report on the MPD's investigations and preliminary inquiries involving First Amendment activities. The report shall be transmitted to the Mayor and Council and a notice of its publication shall be published in the District of Columbia Register. The report shall include, at a minimum:

(a) The number of investigations authorized;

(b) The number of authorizations for investigation sought but denied;

(c) The number of requests from outside agencies, as documented by forms requesting access to records of investigations conducted pursuant to this title;

(d) The number of arrests, prosecutions, or other law enforcement actions taken as a result of such investigations; and

(e) A description of any violations of the Police Investigations Concerning First Amendment Activities Act of 2004 or of the rules issued pursuant to that Act, and the actions taken as a result of the violations, including whether any officer was disciplined as a result of the violation.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24 DCMR § 2799 DEFINITIONS

2799.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

"First Amendment activities" means constitutionally protected speech or association, or conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, and the right to petition the government.

"First Amendment assembly" means a demonstration, rally, parade, march, picket line, or other similar gathering conducted for the purpose of persons expressing their political, social, or religious views.

"Informant" means a person who provides information to the police department motivated by the expectation of receiving compensation or benefit, or otherwise is acting under the direction of the MPD.

"Intelligence Section" means the Intelligence Section, Intelligence Fusion Division, or its successor section or unit.

"Intelligence Section file" means the investigative intelligence information gathered, received, developed, analyzed, and maintained by the Intelligence Section of the Metropolitan Police Department, pursuant to an investigation or preliminary inquiry involving First Amendment activity.

"Investigation" means an examination of information that occurs when there is reasonable suspicion to believe that criminal activity or activities are being planned or conducted under the guise of First Amendment activities.

"Legitimate law enforcement objective" means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal; provided, that a person shall not be considered to be pursuing a legitimate law enforcement objective if the person is acting based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group.

"Mail cover" means the inspection and review of the outside of envelopes of posted mail and other delivered items.

"Mail opening" means the opening and inspection and review of the contents of posted mail and other delivered items.

"Minimization procedures" means reasonable precautions taken to minimize the interference with First Amendment activities, without impairing the success of the investigation or preliminary inquiry.

"MPD" means the Metropolitan Police Department.

"Preliminary Inquiry" means a basic examination of information arising from an allegation of criminal activity under the guise of First Amendment activities.

"Reasonable suspicion" means a belief based on articulable facts and circumstances indicating a past, current, or impending violation of law. The reasonable suspicion standard is lower than the standard of probable cause; however, a mere hunch is insufficient as a basis for reasonable suspicion. A suspicion that is based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group is not a reasonable suspicion.

History

• SOURCE: Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).

24-30 OCCUPATIONAL SAFETY: DIVING OPERATIONS

24 DCMR § 3000 GENERAL PROVISIONS

3000.1 The provisions of this chapter shall apply to all diving operations for the purpose of safeguarding the wage earners on these operations.

3000.2 In general, the provisions of this chapter cover only items and operations that are peculiar to diving operations.

3000.3 Items, equipment, devices, and operations used on the water's surface to support the operation and not specifically covered by this chapter, shall conform to the applicable safety requirements of the Occupational Health and Safety Act of 1970, and applicable regulations issued under that Act.

3000.4 The absence of a regulation or standard covering any specific equipment, operation, or hazard does not relieve an employer from the responsibility of providing working conditions that are reasonably safe.

3000.5 Any employer of labor of any kind in connection with diving operations shall furnish, erect, and maintain, or cause to be furnished, erected, and maintained, any equipment that may be necessary for the performance of the labor to comply with the requirements of the provisions of this chapter. The employer shall be responsible for the performance of all work, including the use of equipment in a reasonably safe manner.

3000.6 Any employer who requires or permits his or her employees to use or operate any equipment or facilities of another shall be responsible for the safe condition, adequate guarding, and safe operation or use of the equipment or facilities.

3000.7 All pressure vessels used in connection with diving operations shall conform to all requirements of the Boiler and Pressure Vessel Regulations of the District of Columbia.

3000.8 To secure the correction of hazards or hazardous conditions not covered by these regulations, applicable safety regulations of the D.C. Minimum Wage and Industrial Safety Board and the federal Occupational Safety and Health Act regulations shall be complied with.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Minimum Wage Act approved September 19, 1918, 40 Stat. 960, D.C. Code §§36-401 through 36-422); as amended by An Act approved October 14, 1941, Title II entitled 'Industrial Safety,' 55 Stat. 738, D.C. Code §§36-431 through 36-442); paragraphs 283 and 284 of §402 of Reorganization Plan No.3 of 1967; and Reorganization Order No. 36, C.O. 302, 853/14, June 16, 1953, as amended.
• SOURCE: Sections 11-29002, 11-29003, 11-29025, and 11-29027 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR §900.2, 900.3, 901.17 and 901.19 (April 1, 1971), Special Edition.
• EDITOR'S NOTE: The rules published in this chapter have been superseded in whole or in part by rules promulgated by the Occupational Safety and Health Administration, U.S. Department of Labor and published at 29 CFR Part 1926 §1926.1071 et seq. (July 1, 1995 ed.).

24 DCMR § 3001 VARIANCES

3001.1 The Board may, upon written application of any employer affected by the provisions of this chapter, permit a variance from any provision if the Board finds that the application of the provision would result in exceptional or undue hardship in performing the work.

3001.2 A variance may be granted only where, and to the extent, necessary to ameliorate the exceptional or undue hardship, and only when compensating factors are present that give adequate protection to the employee and others.

3001.3 A variance shall be granted only when it can be granted without impairing the intent and purposes of the D.C. Industrial Safety Program for diving operations.

3001.4 Any variance the Board may grant shall be limited to the particular case covered by the application.

History

• SOURCE: Section 11-29004 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR §900.4 (April 1, 1971), Special Edition.

24 DCMR § 3002 ACCIDENTS AND INJURIES

3002.1 Each employer shall investigate, or cause to be investigated, every accidental injury that his or her employees suffer in connection with their employment to determine the means that should be taken to prevent a recurrence of similar accidents.

3002.2 Each employer shall submit a copy of Form BEC-202 to the Industrial Safety Division within ten (10) days from the date of any injury or death.

3002.3 Each employer shall submit a copy of Form BEC-202 to the Industrial Safety Division within ten (10) days from the date that the employer has knowledge of any disease or infection resulting from any injury.

3002.4 Each employer shall keep an accurate record of the following:

(a) Injuries incurred by employees while in line of duty;

(b) The number of employee-hours worked by employees; and

(c) The injury frequency rates of the employer's establishment, calculated on a quarterly basis, commencing on January 1st of each year.

3002.5 Records maintained under this section shall be kept on file for at least four (4) years.

3002.6 Records maintained under this section shall be available for inspection to any duly authorized employee of the Board.

History

• SOURCE: Section 11-29007 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR §§900.6, 900.7, 900.8 (April 1, 1971), Special Edition.

24 DCMR § 3003 GENERAL DIVING PRECAUTIONS

3003.1 A diver experienced in the type of diving being performed shall be in complete charge of the operation as it relates to diving. This person shall be known as the "diving master."

3003.2 Duties of the diving master shall include, but not be limited to, the following:

(a) Planning the dive;

(b) Briefing the crew;

(c) Making certain all necessary equipment is available; and

(d) Taking all necessary precautions against foreseeable situations, and being responsible for the safety of the person he or she supervises.

3003.3 Divers shall not be required or permitted to dive when the diver or diving master has reason to believe a hazard exists that would immediately jeopardize the diver's health or safety.

3003.4 Each diver shall wear an identification tag bearing the following information for a minimum of twelve (12) hours after completion of a dive:

(a) Diver's name;

(b) The words, "I am a diver"; and

(c) The telephone number of a hospital or nearest recompression chamber, or of a doctor familiar with "decompression sickness."

3003.5 For all scuba diving operations, the buddy system shall be used. The buddy system of diving is a pair of divers working as a unit.

3003.6 Divers using the buddy system shall keep in visual or physical contact with each other so either may render immediate assistance to the other when required.

3003.7 Buddy lines shall be used when visibility is poor.

3003.8 For all diving operations, and in addition to the requirements of §3003.1, a standby diver shall remain on the surface during normal diving operations and shall enter the water only in cases of emergency to aid the working diver(s).

3003.9 Dependable two-way communications between the diver and the surface shall be provided and used during all deep sea (hard-hat) dives.

3003.10 The communications system provided shall meet the requirements of the U.S. Navy Diving Manual.

History

• SOURCE: Sections 11-29009, 11-29010, and 11-29013 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §§901.1, 901.2, 901.5, 901.6, 901.7, and 901.9 (April 1, 1971), Special Edition.

24 DCMR § 3004 DIVING IN POLLUTED WATER

3004.1 Whenever a diver dives in polluted waters using a suit and helmet (deep sea or hard hat equipment), the following precautions shall be taken:

(a) Avoid taking in water through the spit cock or by other means;

(b) Hose the diver off when he or she surfaces to remove any clinging filth;

(c) Avoid putting hands in mouth after tending or working with diving equipment;

(d) Avoid handling food after tending or working with diving equipment; and

(e) Wash hands thoroughly and bathe as soon as possible when the job is completed.

3004.2 Whenever a diver dives in polluted waters using scuba equipment, the following precautions shall be taken:

(a) Use equipment with a full-face mask;

(b) Wear a full, dry type rubber swim suit;

(c) Hose the diver off when he or she surfaces to remove any clinging filth;

(d) Avoid putting hands in mouth after tending or working with diving equipment;

(e) Avoid handling food after tending or working with diving equipment; and

(f) Wash hands thoroughly and bathe as soon as possible when the job is completed.

3004.3 Whenever a diver is injured while diving in polluted water, the diver shall do the following:

(a) Surface promptly;

(b) Cleanse the wound thoroughly with soap and water; and

(c) Obtain a tetanus booster.

3004.4 In all diving operations conducted in polluted waters, every diver's inoculations shall be up to date.

3004.5 In all diving operations conducted in polluted waters, an illness of any diver shall be reported promptly.

History

• SOURCE: Section 11-29011 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §901.3 (April 1, 1971), Special Edition.

24 DCMR § 3005 DECOMPRESSION

3005.1 Divers shall use the latest available U.S. Navy Standard Air Decompression Tables and other appropriate U.S. Navy diving tables for decompressions and repetitive dive decompressions.

3005.2 A recompression chamber that meets the requirements of the most recent edition of the U.S. Navy Diving Manual shall be kept at the diving site whenever planned dives will exceed the "no decompression" limits as specified by the U.S. Navy Standard Air Decompression Tables.

3005.3 Whenever a recompression chamber is required, a qualified person shall be immediately available to operate the chamber.

3005.4 An adequate approved method of supplying air shall be readily available for the immediate operation of the chamber.

History

• SOURCE: Section 11-29012 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §901.4 (April 1, 1971), Special Edition.

24 DCMR § 3006 TIMEKEEPER-TENDER

3006.1 There shall be one (1) timekeeper-tender for each surface-tender (hard-hat) diver and one (1) timekeeper-tender for each scuba diving buddy pair.

3006.2 In addition to tending the diver(s), the timekeeper-tender shall keep accurate and legible records of the following:

(a) The time of descent;

(b) The depth of the dive;

(c) The duration of the dive; and

(d) The time of ascent.

3006.3 The timekeeper-tender also shall do the following:

(a) Know the probable diving depth;

(b) Know the probable duration of the apparatus in the case of scuba dives;

(c) Notify the diving master when the diver's time is up;

(d) Foresee decompression if necessary and warn the diving master soon enough to make adequate arrangements; and

(e) Give the diving master the proper decompression schedule.

3006.4 The records of the timekeeper-tender shall be kept on file for at least twenty-four (24) months.

History

• SOURCE: Section 11-29016 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §901.8 (April 1, 1971), Special Edition.

24 DCMR § 3007 EQUIPMENT

3007.1 All equipment used by divers, or used on the surface to tend or supply divers, shall be inspected daily before any dives are made.

3007.2 Adequate written inspection reports, signed by the person making the inspection, shall be kept on the site and made available for inspection by any duly authorized representative of the Board.

3007.3 Any equipment found to be defective or in questionable condition shall be clearly labeled defective, removed from service, and reported at once to the employer.

3007.4 All floating equipment shall meet the applicable regulations of the U.S. Coast Guard and the D.C. Harbor Police.

3007.5 At each workplace, one (1) or more fixed or portable ladders giving access to the water shall be provided at each structure where it meets the water, and at each floating equipment.

3007.6 Adequate safeguarding of all moving mechanical parts shall be provided in accordance with applicable regulations of the Occupational Safety and Health Act.

History

• SOURCE: Sections 11-29018, 11-29019, 11-29021, and 11-29026 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §§901.10, 901.11, 901.13, and 901.18 (April 1, 1971), Special Edition.

24 DCMR § 3008 LIFE PRESERVERS

3008.1 Buoys and life lines shall be provided and readily accessible for emergency use.

3008.2 No less than one (1) life buoy with line attached shall be provided for each one hundred feet (100 ft.) or part of one hundred feet (100 ft.) of workplace that is adjacent to or over water.

3008.3 During night operations, each buoy shall be illuminated so as to be easily visible from a distance of fifty feet (50 ft.).

3008.4 The outside dimensions of life buoys shall not be less than twenty-four inches (24 in.), and shall meet construction, workmanship, and performance requirements of the U.S. Coast Guard specifications for buoys and life rings of cork or balsa wood.

3008.5 Approved life vests shall be worn by all employees, except divers, when working on or over water.

History

• SOURCE: Section 11-29020 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §901.12 (April 1, 1971), Special Edition.

24 DCMR § 3009 DECK SAFETY

3009.1 Decks of floating equipment shall be kept clean of unnecessary tools, equipment, material, and debris.

3009.2 Lines shall be coiled, tools shall be stored, and materials shall be stacked securely.

3009.3 Deck hatches shall not be left uncovered unless completely enclosed by guardrails.

3009.4 Gangplanks and walkways shall be at least twenty inches (20 in.) wide, and shall have standard railings.

History

• SOURCE: Sections 11-29023, 11-29022, and 11-29024 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §§901.14, 901.15, and 901.16 (April 1, 1971), Special Edition.

24 DCMR § 3099 DEFINITIONS

3099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Accident - any unexpected, unintentional, unplanned, or unforeseen occurrence of a nature, or under circumstances, that could cause personal injury or property damage, regardless of whether injury or damage does result.

Adequate - meeting the requirements essential to reasonable safety.

Deep sea or hart-hat diving - diving operations where the air is supplied from the surface.

Disabling injury - an injury that disables a person for the performance of his or her regular duties, or the normal duties of a regularly established job, beyond the date or shift of the injury; or an injury that results in permanent disability.

Employee - any person rendering service to an employer for compensation.

Equipment - includes machinery, devices, tools, derricks, hoists, scaffolds, platforms, runways, ladders, and all similar facilities, safeguards, and protective construction used in connection with diving operations.

Recompression chamber - a compartment designed to recompress a diver so that the diver can then undergo decompression at a controlled rate.

Scuba diving - diving operations employing self-contained underwater breathing apparatus.

History

• SOURCE: Section 11-290005 of Regulation No. 70-18, approved May 28, 1970; 11B DCRR, §900.5 (April 1, 1971), Special Edition.

24-31 OCCUPATIONAL SAFETY: RAILROAD CLEARANCES

24 DCMR § 3100 GENERAL PROVISIONS

3100.1 The provisions of this chapter prescribe reasonable requirements governing the clearances above, beside, and between railroad tracks in the District of Columbia that are intended to prevent accidents and injuries to employees, and to reduce the human suffering and economic loss that result from injuries.

3100.2 In all construction or reconstruction of railroad tracks or structures adjacent to railroad tracks, and on all railroads over which freight cars are operated or proposed to be operated, the minimum clearances authorized in this chapter shall be provided.

3100.3 A railroad company shall not operate freight cars, locomotives, or other freight rolling equipment over tracks constructed after September 1, 1958, or over tracks adjacent to buildings constructed or reconstructed after September 1, 1958, if the clearances are less than those prescribed in this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the D.C. Minimum Wage Act approved September 19, 1918, 40 Stat. 960, D.C. Code §§36-401 through 36-422); as amended by An Act approved October 14, 1941, Title II entitled 'Industrial Safety,' 55 Stat. 738, D.C. Code §§36-431 through 36-442); paragraphs 283 and 284 of §402 of Reorganization Plan No. 3 of 1967; and Reorganization Order No. 36, C.O. 302, 853/14, June 16, 1953, as amended.
• SOURCE: Sections 11-2601 and 11-2602, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3101 VARIANCES

3101.1 When the overhead or side clearance between a track and any building, structure, or facility is less than the minimum prescribed in this chapter, but was lawfully created prior to September 1, 1958, the minimum clearance prescribed in this chapter shall be provided whenever the building, structure, or facility is relocated or reconstructed, except as provided in this section.

3101.2 The Minimum Wage and Industrial Safety Board may consider specific requests for the future continuance of clearances existing prior to these regulations at a reconstructed building, structure, or facility, upon application made as required by the provisions of this section.

3101.3 If restricted clearances are necessary, nothing in this chapter shall be construed as preventing the movement of material over tracks when the material is necessary in the construction or maintenance of the tracks, nor in the movement of special work equipment used in the construction, maintenance, or operation of the railroad; Provided, that the movements shall be carried on under the conditions as are necessary to provide for the safety of all concerned.

3101.4 The provisions of this chapter shall not be applicable during periods of actual emergency due to wrecks, derailments, washouts, and like conditions; Provided, that reasonable safety precautions are observed.

3101.5 If, in any particular case, variation from any of the requirements of this chapter is deemed necessary by an employer, the Board shall consider the application of that employer for a variation when accompanied by a full statement of the conditions existing and the reason why the variation is requested.

3101.6 Any variation granted under this section shall be limited to the particular case covered by the application.

History

• SOURCE: Section 11-2603, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3102 OVERHEAD CLEARANCES

3102.1 Overhead clearances shall be not less than twenty-two feet (22 ft.).

3102.2 Overhead clearances at the entrance to or inside of buildings shall be not less than eighteen feet (18 ft.).

3102.3 If the overhead clearance at an entrance to or inside of a building is less than twenty-two feet (22 ft.), a warning sign shall be erected at a suitable location at each point where the tracks enter the building.

3102.4 The overhead warning sign required by §3102.3 shall be located in a way that directs the trainmen's attention to the reduced clearance.

3102.5 Overhead and side clearances prescribed in this section may be decreased to the extent of a line extending diagonally downward from a point four feet (4 ft.) from the center line of the track twenty-two feet (22 ft.) above the top of the rail to a point eight feet by six inches (8 ft. x 6 in.) from the center line of the track, and the distance of fifteen feet by three inches (15 ft. x 3 in.) above the top of the rail.

3102.6 For tracks located at the entrance to or inside of buildings with an eighteen foot (18 ft.) overhead and an eight foot (8 ft.) side clearance, the overhead and side clearances may be decreased to the extent of a line extending diagonally downward from a point four feet (4 ft.) from the center line of the track eighteen feet (18 ft.) above the top of the rail, to a point eight feet (8 ft.) from the center line of the track at fourteen feet (14 ft.) above the top of the rail.

3102.7 The clearances provided in this section shall not apply to the electric wires and equipment required over any for the operation of trains by electric energy; Provided, that the carriers promulgate and enforce rules that prohibit any employee from being on the top of cars while they are being operated under lower clearances as provided in this section.

3102.8 Canopies at one (1) side track at a freight platform may be constructed at not less than four feet (4 ft.) from the center line of the track; Provided, that the height of the canopies is a least seventeen feet by six inches (17 ft. x 6 in.) above the top of the rail, and that a full clearance of eight feet by six inches (8 ft. x 6 in.) is maintained on the opposite side of the track from the canopy, or that the center of the track to the adjacent track is not less than fourteen feet (14 ft.).

3102.9 In the Washington Terminal Union Station, shelters that are over platforms used principally for passenger car operation may be constructed at not less than four feet by six inches (4 ft. x 6 in.) from the center line of the track; Provided, that the height is not less than fifteen feet (15 ft.) above the top of the rail and that the railroads promulgate and enforce rules prohibiting employees from riding on the outside of equipment when they are standing above the car floor height.

History

• SOURCE: Section 11-2605, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3103 SIDE CLEARANCES

3103.1 The minimum side clearances from the center of tangent standard gauge railroad tracks that are used or proposed to be used for operating freight cars shall be as prescribed in this section, except as otherwise prescribed in this chapter.

3103.2 On all structures and obstructions above the top of a rail, except those specifically mentioned, the side clearances shall be not less than eight feet by six inches (8 ft. x 6 in.).

3103.3 To further reduce occupational hazards, posts, pipes, warning signs, and similar obstructions shall have a side clearance of ten feet (10 ft.), where practicable.

3103.4 Platforms that are eight inches (8 in.) or less above the top of a rail shall have a side clearance of not less than four feet by eight inches (4 ft. x 8 in.).

3103.5 Platforms that are more than eight inches (8 in.), but not more than four feet (4 ft.) above the top of the rail, may have a side clearance of not less than five feet by seven inches (5 ft. x 7 in.); Provided, that where these platforms are used for loading or unloading freight cars, a side clearance of not less than eight feet by six inches (8 ft. x 6 in.) is maintained on the opposite side of the track to any fixed structure or that the track center to an adjacent track is not less than fourteen feet (14 ft.).

3103.6 Where side clearances are less than eight feet by six inches (8 ft. x 6 in.), as authorized by this rule, warning signs directing attention to the reduced clearances shall be erected at suitable locations, except where the platform is used principally in loading and unloading passenger cars.

3103.7 Platforms previously constructed with clearances less than are prescribed in this chapter may be extended with lesser clearances, unless the extension is connected to the reconstruction of the original platform.

3103.8 Through bridges supporting tracks, tunnels, water columns, and oil columns shall be not less than eight feet (8 ft.) from the center line of the track.

3103.9 Clearances for through bridges supporting tracks, water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, hand rails, water barrels, water columns, oil columns, block signals, when all or portions thereof are four feet (4 ft.) or less above the top of the rail may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and five foot (5 ft.) lateral distance from the center line of the track to a point four feet (4 ft.) above the top of the rail and an eight foot (8 ft.) lateral distance from the center line of the track; Provided, that the minimum clearance for hand rails and water barrels on bridges with walkways shall be seven feet by nine inches (7 ft. x 9 in.).

3103.10 Switch boxes, switch-operating mechanisms, and accessories necessary for the control and operation of signals, and interlockers projecting four inches (4 in.) or less above the top of a rail, shall have a side clearance of not less than three feet (3 ft.).

3103.11 The center spindle of signal and switch stands three feet (3 ft.) or less above the top of the rail, and located between tracks where not practical to provide clearance otherwise prescribed in this chapter, shall be not less than six feet (6 ft.) from the center line of the track.

3103.12 Side clearances, on sidings only, at entrances to and inside warehouses and industrial buildings shall be not less than eight feet (8 ft.) from the center line of the track; Provided, that this rule shall not supersede or affect the clearances in §3103.3.

3103.13 All minimum side clearances prescribed in this section are for tangent tracks. Structures adjacent to curve tracks shall have an additional minimum side clearance compensating for the curvature.

History

• SOURCE: Section 11-2606, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3104 CLEARANCE BETWEEN TRACKS

3104.1 The minimum distance between center lines of parallel main tracks shall be not less than fourteen feet (14 ft.).

3104.2 In yards, except as prescribed in this section, track centers between parallel tracks shall be not less than fourteen feet (14 ft.).

3104.3 In congested yard areas where it is not practical to provide fourteen foot (14 ft.) centers between parallel tracks, thirteen feet by six inch (13 ft. x 6 in.) centers between parallel yard tracks shall be permissible.

3104.4 The center line of any standard gauge track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least fifteen feet (15 ft.) from the center line of the main track or passing track; Provided, that where a passing track is adjacent to and on at least fifteen foot (15 ft.) track centers with the main track, any other track may be constructed adjacent to the passing track with the clearance prescribed by federal standards.

3104.5 Clearance between center lines of parallel team, house, or industrial tracks shall be not less than thirteen feet (13 ft.), except as provided by federal standards.

3104.6 Center lines of any ladder track with hand-operated switches constructed parallel to any other adjacent track shall have a clearance of not less than eighteen feet (18 ft.) from the center line of the other track, except that parallel ladder tracks with hand-operated switches shall have a clearance between center lines of ladders of not less than nineteen feet (19 ft.).

History

• SOURCE: Section 11-2607, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3105 OTHER OBSTRUCTIONS AND CONDITIONS ADJACENT TO TRACKS

3105.1 The clearances prescribed in this chapter shall not apply to engine houses or engine house facilities.

3105.2 The space between tracks ordinarily used by train and yardmen and other employees as a walkway in the discharge of their duties, and the space beside the tracks within eight feet by six inches (8 ft. x 6 in.) of the center lines of the tracks shall be kept in a reasonably suitable condition for this purpose.

3105.3 No merchandise, materials, equipment, or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track at a distance less than eight feet by six inches (8 ft. x 6 in.) from the center line of the track; Provided, that this rule shall not apply to materials to be used within a reasonable time in the construction, maintenance, or repair of tracks.

3105.4 A white or yellow painted line or other approved type of marker shall be maintained at a distance of not less than eight feet by six inches (8 ft. x 6 in.) from the center line of the track on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform that must be kept clear of merchandise, materials, equipment, or other articles.

3105.5 The provisions of §§3105.3 and 3105.4 shall not apply to platforms used principally in connection with the operation of passenger train equipment on the Washington Terminal Company property and in the Eckington Coach Yard.

3105.6 On industrial tracks, the responsibility for compliance with §§3105.3 and 3105.4 shall rest with the person or persons having control or custody of the warehouse, factory, or other facility served by the affected track.

History

• SOURCE: Section 11-2608, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24 DCMR § 3199 DEFINITIONS

3199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Approved - approved by the Minimum Wage and Industrial Safety Board.

Board - the D.C. Minimum Wage and Industrial Safety Board.

Clearance between tracks - the shortest distance between the center lines of adjacent tracks.

Height of a freight car - the distance between the top of the rail and the top of the running board.

Overhead clearance - the vertical distance from the level of the top of the highest rail to a structure or obstruction above that level.

Side clearance - the shortest distance from the center line of the track to a structure or obstruction at the side of the track.

Width of a freight car - twice the distance from the center line of the car to the extreme outside part of the car.

History

• SOURCE: Section 11-2604, effective September 1, 1958, ch. 26, 5 DCR 28 (August 11, 1958); 11B DCRR.

24-32 OCCUPATIONAL SAFETY: WINDOW CLEANING

24 DCMR § 3200 GENERAL PROVISIONS

3200.1 The requirements of this chapter shall apply to all window-cleaning operations that are performed by an employee from a position that is wholly or partially on the outside of a building more than one (1) story high, or in which the sills of windows are located ten feet (10 ft.) or more above the grade or the adjoining flat roof.

3200.2 The provisions of this chapter shall apply to the cleaning of the inside face of any window where the window cleaner cleans the window while resting on a level that is ten feet (10 ft.) or more above the floor.

3200.3 The requirements of this chapter shall not apply to the following:

(a) A dwelling house less than three (3) stories high;

(b) A dwelling house occupied by less than three (3) families; and

(c) A window opening to a fire escape balcony or other balcony that is two feet (2 ft.) or more wide and twelve inches (12 in.) or less below the window sill.

3200.4 Upon the written application of an employer, the Minimum Wage and Industrial Safety Board may approve the use of existing anchor installations, safety devices, and methods of cleaning windows other than those specified in this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Minimum Wage Act approved September 19, 1918, 40 Stat. 960, D.C. Code §§36-401 through 36-422); as amended by An Act approved October 14, 1941, Title II entitled 'Industrial Safety,' 55 Stat. 738, D.C. Code §§36-431 through 36-442; paragraphs 283 and 284 of §402 of Reorganization Plan No. 3 of 1967; and Reorganization Order No. 36, C.O. 302,853/14, June 16, 1953, as amended.
• SOURCE: Sections 11-2503 and 11-2504, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.
• EDITOR'S NOTE: The rules published in this chapter have been superseded in whole or in part by rules promulgated by the Occupational Safety and Health Administration, U.S. Department of Labor and published at 29 CFR Part 1926 (July 1, 1995 ed.). The Minimum Wage and Industrial Board (Board) referenced in this chapter was abolished by Reorganization Plan No. 1 of 1978, effective June 27, 1978. Reorganization Plan No. 1 of 1978 transferred the powers, duties and functions of the Board to the Director of the Department of Labor, and also established a new Occupational Safety and Health Board. Reorganization Plan No. 1 of 1980, effective April 17, 1980; and Reorganization Plan No. 3 of 1980, effective January 10, 1981, transferred those functions to the Department of Employment Services.

24 DCMR § 3201 GENERAL SAFETY PRECAUTIONS

3201.1 In buildings having windows with sills ten feet (10 ft.) or more above the grade and constructed so that it is necessary for a person to clean the windows from the outside, approved safety devices for the protection of the window cleaner shall be provided and used.

3201.2 In buildings where the window sill extends less than four and one-half inches (41/2 in.) from the window frame, an approved portable auxiliary sill or other approved device shall be provided and used, in addition to an approved safety belt.

3201.3 Portable sills shall not be less than ten inches (10 in.) wide or less than thirty inches (30 in.) long.

3201.4 Portable sills or other devices shall be designed and made so that they are safely held in place and can be readily put in position and removed.

3201.5 The use of lag screws or expansion bolts as a means of fastening anchors is prohibited.

3201.6 Window cleaners shall use safety devices provided for their protection.

3201.7 Window cleaners shall not pass from window to window on the outside except where a railing is installed.

3201.8 All anchor installations shall be maintained in a safe condition.

3201.9 Where windows are constructed so that it is usual and practical to clean them from the inside, employers shall not allow any alterations, changes, or obstructions that will make it necessary to clean the windows from the outside, unless safety devices are provided.

History

• SOURCE: Sections 11-2506 through 11-2513, and 11-2516, effective September 1, 1958, ch. 5, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3202 USE OF CORROSIVE SUBSTANCES

3202.1 Acids or other corrosive substances may be used for cleaning windows only under the conditions set forth in this section.

3202.2 A scaffold shall be used.

3202.3 If the scaffold that is used is of the swinging type, it shall be suspended by a wire rope.

3202.4 The use of a fiber rope of any kind is prohibited.

3202.5 A highly dilute solution that is not more than five percent (5%) hydrochloric (muriaic) acid shall be used.

3202.6 The cleaner shall wear rubber gloves and shall apply the solution with a brush.

3202.7 All parts of the scaffolding and other equipment shall be liberally washed with water after each use to prevent corrosive reactions.

History

• SOURCE: Section 11-2514, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3203 EQUIPMENT

3203.1 All equipment required by this chapter shall be maintained in good repair at all times.

3203.2 Any equipment or material that is defective in a manner or to an extent that endangers employees shall not be used.

3203.3 Prior to approval by the Board, anchors, anchor fittings, and safety belts shall be tested as specified in this section.

3203.4 Tests as required by §203.3 shall be performed by a recognized, disinterested authority acceptable to the Board.

3203.5 The complete report of the testing authority shall include a detailed description of the test sample, the test procedure, and the test results.

3203.6 Two (2) copies of the complete report of the testing authority shall be submitted to the Board with the application for approval.

3203.7 Each approved anchor and safety belt shall bear a name or mark that readily identifies its manufacturer, and shall also bear an approval number and any other identification as the Board may prescribe in letters that are easily legible.

History

• SOURCE: Sections 11-2515, 11-2517 through 11-2519, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3204 ANCHOR MATERIAL AND SPECIFICATIONS

3204.1 Anchors shall be of the twin or double-head type designed for attachment to window frames or mullions by two (2) through bolts to each anchor.

3204.2 Anchors shall be made of the following metals:

(a) Heavy forged bronze;

(b) Stainless steel;

(c) Monel metal, or copper-nickel alloy equivalent to monel metal; or

(d) Other approved durable corrosion-resistive metal of equal strength and toughness.

3204.3 Metals used in the manufacture of anchors and anchor fittings shall have an ultimate tensile strength of not less than fifty-five thousand pounds per square inch (55,000 lbs./in.2), with an elongation of a least twenty-five percent (25%) in two inches (2 in.) and shall have corrosion resistance of sixty percent (60%) as compared to copper.

3204.4 Anchors shall be seven-sixteenths of an inch (7/16 in.) in diameter, and the head of each anchor shall be three-quarters of an inch (3/4 in.) across the flat and not less than five-sixteenths of an inch (5/16 in.) thick.

3204.5 Anchors shall be designed or spaced so that it is impossible to attach the safety belt terminal to a single head.

3204.6 Drop forgings shall have one-eighth inch (1/8 in.) radius fillets at all places where diameters or other dimensions change. Wall flanges shall have a diameter that is not less than one and one-quarter inches (11/4 in.).

3204.7 The space between the anchor head and the flange or window frame shall be not less than one-half of an inch (1/2 in.) or more than seven-eighths of an inch (7/8 in.).

3204.8 Double anchor heads shall be spaced not less than two inch (2 in.) or more than three inches (3 in.) from the centers.

3204.9 The back face of anchors for installation in wood window frames or mullions shall be provided with at least two (2) sharp lugs to prevent turning of the anchor after installation.

3204.10 All anchors and anchor fittings shall be capable of withstanding the following tests:

(a) A tension pull of six thousand (6,000) pounds without fracture. The tension shall be applied through a belt terminal and in the direction that the anchor must withstand in service when a person falls;

(b) A drop test of three hundred fifty (350) pounds dead weight (not sand) falling a distance of four feet (4 ft.) without fracture. The connection between the weight and anchor shall be a standard safety belt or ropes or cables not over six feet (6 ft.) long; and

(c) An impact test of an iron weight of thirty-two (32) pounds falling free a distance of four feet (4 ft.), and striking the head of the anchor without fracture.

History

• SOURCE: Sections 11-2520 through 11-2527, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3205 ANCHOR INSTALLATIONS: GENERAL PROVISIONS

3205.1 The anchors on the building to which the belt shall be fastened shall be installed in the side frames of the window or in the mullions at a point not less than forty-two inches (42 in.) or more than fifty-one inches (51 in.) above the window sill.

3205.2 All window frames to which anchors are attached shall be in sound condition and shall be securely fastened in place.

History

• SOURCE: Sections 11-2528 and 11-2529, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3206 ANCHOR INSTALLATIONS: WOOD

3206.1 In wood construction, anchors, bolts, and other approved fittings shall be securely fastened to the window frame or mullion in accordance with this section.

3206.2 Two (2) through bolts having a diameter of not less than three-eighth inches (3/8 in.) that is made from the same material as the anchor shall pass through the entire window frame or mullion to secure each anchor. The through bolts shall be securely fastened by a washer and nut.

3206.3 The ends of the through bolts required by §3206.2 shall be upset to prevent loosening or removal of the nuts.

History

• SOURCE: Section 11-2530(a), effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3207 ANCHOR INSTALLATIONS: HOLLOW METAL

3207.1 In hollow metal construction, anchors, bolts, and other approved fittings shall be securely fastened to the window frame or mullion in accordance with this section.

3207.2 Two (2) through bolts having a diameter of not less than three-eighth inches (3/8 in.) that is made of the same material as the anchor shall pass through the entire window frame or mullion to secure each anchor. Each through bolt shall be securely fastened by a washer and nut.

3207.3 The ends of the through bolts required by §3207.2 shall be upset to prevent loosening or removal of the nuts.

3207.4 As an alternate, where through bolts are impracticable, anchors shall be attached by two (2) bolts of the same material as the anchor and having a diameter that is not less than three-eighths inches (3/8 in.) that passes through the frame, and a steel reinforcing plate that is three-eighth inches (3/8 in.) thick and not less than six inches (6 in.) long placed on the inside of the frame and secured nuts and lock washers.

3207.5 Where it is impracticable to provide nuts and lock washers, the reinforcing plate may be tapped to receive screws having a three-eighth of an inch (3/8 in.) diameter. The screws shall extend through the plate.

3207.6 All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off, or becoming loose.

3207.7 On new frames, the reinforcing plate shall be in the form of a "Z" or some other equivalent, one (1) portion of which shall reach around behind the exposed face of the frame and be bolted, riveted, or welded to a part of the frame protected by the masonry.

History

• SOURCE: Section 11-2530(b), effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3208 ANCHOR INSTALLATIONS: SOLID METAL

3208.1 In solid metal construction, anchors, bolts, and other approved fittings shall be securely fastened to the window frame or mullion in accordance with this section.

3208.2 Anchor fittings shall be attached by three-eighth inch (3/8 in.) bolts, made of the same material as the anchor.

3208.3 The bolts shall pass through the frame and shall be securely held in place by nuts and washers on the inside.

3208.4 The ends of the bolts shall be upset to prevent loosening or removal of the nuts.

3208.5 Where the nature of the solid metal frame construction is such that the method described in §§3208.2 through 3208.4 cannot be followed, it shall be permissible to drill and tap the metal frame to a depth of at least three-eighth inch (3/8 in.), and to install the anchor with at least two (2) three-eighth inch (3/8 in.) screws, made of the same material as the anchor.

3208.6 All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off, or becoming loose.

3208.7 Anchor fittings having a single threaded section and merely screwed into reinforcing plates shall not be acceptable.

3208.8 All screws used in the installation of anchors on metal frame construction shall have the threads terminate far enough from the screw head to prevent weakening due to undercutting.

History

• SOURCE: Section 11-2530(c), effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3209 SPECIAL WINDOWS

3209.1 In buildings with windows where the distance between anchors is greater than six feet (6 ft.), special approved anchors shall be installed at each side of the window frame. These anchors shall be set forty-two inches (42 in.) above the window sills.

3209.2 When extra-width windows are being cleaned, a brass cable or chain that can readily be attached to the anchors to be used as a back support for the window cleaners shall be provided and used.

3209.3 Standard belt anchors to which the window cleaner shall attach one (1) end of his or her belt shall be installed above the special anchors on extra-width windows.

3209.4 Where masonry openings for mullion windows are more than five feet six inches (5 ft. 6 in.) wide, at least one (1) anchor fitting shall be installed in each mullion.

3209.5 Casement windows that cannot be wholly cleaned while standing at the inside shall have anchor fittings installed in the same manner as specified for other windows.

3209.6 Provision shall be made so that the outside of horizontally projected or pivoted windows may be cleaned without necessitating the window cleaner's leaning against, or putting his or her weight on, the sash.

History

• SOURCE: Sections 11-2531 through 11-2535, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3210 SAFETY BELTS AND BELT FITTINGS

3210.1 When windows are cleaned from a sill, an approved safety belt of woven fabric or other approved material shall be provided, maintained, and used.

3210.2 Fabric used in the manufacture of safety belts shall be made of first quality material, which shall be treated against mildew by a non-acid and non-corrosive anti-mildew agent.

3210.3 Stitching of the material on safety belts shall be done with hot waxed, best quality linen thread, and shall be lock-stitched.

3210.4 Fabric ends shall be bound or dipped in wax to prevent unraveling.

3210.5 Belt terminals and other metal belt fittings (except rivets and thimbles) shall be of approved heavy forged bronze, monel metal or copper-nickel alloy equivalent to monel metal, stainless steel, or other approved durable corrosion-resistive metal of equal strength and toughness.

3210.6 Non-corrosive metal thimbles shall be provided where straps are secured to eyes or rings.

3210.7 The edges of thimbles shall be rounded and finished smooth, and shall run freely.

3210.8 Each safety belt shall be designed and constructed so that it will be impossible for the safety terminals to pass through their fastenings on the body belt of the window cleaner, should one terminal become loosened from its window anchor.

3210.9 The belt terminals shall have slots not less than four inches (4 in.) long; and the slots shall be one-half inch (1/2 in.) wide, with a tolerance plus or minus one-thirty second of a inch (1/32 in.).

3210.10 That portion of the slot that passes over the anchor head shall be seven sixteenths of an inch (7/16 in.) deep by one inch (1 in.) wide, and shall have an approved catch to prevent the automatic or accidental release of the terminal.

3210.11 Right-angle sections of forgings shall have one-eighth inch (1/8 in.) radius fillets in all inside corners.

3210.12 Where the anchor head comes in contact with the belt terminal while in use, the terminal forging shall be not less than one-quarter of an inch (1/4 in.) thick.

3210.13 Rope, if used, shall be not smaller than one-half inch (1/2 in.) Yacht Manila, or its equivalent.

3210.14 Belt terminals and other metal belt fittings shall be capable of withstanding a tension pull of six thousand (6,000) pounds without fracture.

3210.15 The complete assembly of the safety belt shall be capable of withstanding a drop test of three hundred fifty (350) pounds dead weight (no sand) falling a distance of four feet (4 ft.) without failure, with one (1) terminal only being attached. The connection between the weight and the belt shall be the waistband of the belt.

3210.16 Once a safety belt or any of its parts have been used for testing purposes, the belt or any of its parts shall not be used by a window cleaner in the conduct of his or her work.

History

• SOURCE: Sections 11-2536 through 11-2545, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3211 USE AND MAINTENANCE OF SAFETY BELTS

3211.1 A window cleaner using a safety belt shall attach one (1) belt terminal to the anchor before stepping out onto the sill, and one (1) belt terminal shall remain attached to the anchor while stepping back into the building.

3211.2 During the operation of window cleaning, both belt terminals shall be attached to the anchors.

3211.3 Safety belts shall be maintained in good repair at all times.

3211.4 Each window cleaner's safety belt shall be examined frequently by the person employing, directing, or permitting the window cleaner to clean windows, and shall also be examined by the window cleaner before being used each day.

3211.5 No belt shall be used that does not provide the safety as required by this chapter.

3211.6 All belts shall be stored and handled so that rust or injury to them is prevented.

3211.7 No belt shall be used that has been affected by mildew, by the action of acid, or by any other corrosive or deteriorating agent.

3211.8 Safety belts shall not be stored in the same room with acids.

3211.9 Safety belts shall not be stored where they are likely to come in contact with sharp-edged tools or equipment.

3211.10 Belt straps that have been worn or cut so as to show broken fabric threads shall be replaced by new straps.

3211.11 No belt terminal shall be used if any point in the slot will accommodate a nine-sixteenth inch (9/16 in.) plug gauge.

3211.12 No link shall be used in the belt terminal strap if any cross-sectional dimension of the link is less than three-thousandths of an inch (0.300 in.).

History

• SOURCE: Sections 11-2546 through 11-2554, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24 DCMR § 3299 DEFINITIONS

3299.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Anchor - the fitting fastened to the window frame to which the safety belt terminal is attached.

Approved - approved by the Minimum Wage and Industrial Safety Board.

Director - the Director of Industrial Safety.

Double-head anchor (four-bolt system) - an anchor that has two (2) heads for attachments to each side of the window frame by two (2) through bolts for each anchor.

Employee - any person rendering service to an employer for compensation.

Employer - any person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other persons having control or custody of any industrial employment, place of employment, or of any employee. It shall include the District of Columbia or any instrumentality of the District, or the United States or any instrumentality of the United States.

Injury frequency rate - the number of disabling injuries per million employee-hours, or stated another way:

Frequency Rate

=

Number of disabling injuries x 1,0000,000

Number of employee-hours

Window cleaning - the operation of washing, wiping, or other methods of cleaning windows.

History

• SOURCE: Section 11-2502, effective September 1, 1958, ch. 25, 5 DCR 28 (August 11, 1958); 11B DCRR, Special Edition.

24-33 PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS

24 DCMR § 3300 OCCUPANCY OF PUBLIC STREETLIGHT POLES

3300.1 The Director of the Department of Public Works may issue a Public Rights-of-Way Occupancy Permit to persons seeking to occupy portions of public streetlight poles in order to operate or continue to operate a wireless communications system.

3300.2 Any person seeking to operate or continue to operate a wireless communications system which occupies any part of a public streetlight pole shall submit an application for a Public Rights-of-Way Occupancy Permit to the Department.

3300.3 For each component device installed on a public streetlight pole, the Permittee shall pay an annual rental fee of:

(a) $60 for wireless data transmissions only; or

(b) $1,200 for wireless voice and data transmissions.

3300.4 The fees specified in Subsection 3300.3 shall remain in effect until December 31, 1997.

3300.5 The Department may enter into revenue and resource sharing agreements authorizing the District of Columbia to use the Permittee's communications and information systems, in lieu of the payment of all or part of the Permittee's annual rental fee.

3300.6 The initial payment for a 6-month period shall be paid to the District on the date the permit is issued. Thereafter, the Permittee shall make advance payments on January 30 and on June 30 of every year until the term of the permit agreement has expired.

3300.7 Failure to make a rental payment within thirty (30) days after the due date may result in the revocation of the permit.

3300.8 The acceptance of any payment required hereunder by the District shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the District may have for additional sums due and payable.

3300.9 The provisions of this chapter shall not apply to a communications system that is used exclusively for internal communications purposes by one entity.

History

• SOURCE: Final Rulemaking published at 43 DCR 6581 (December 13, 1996). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3300

24 DCMR § 3301 OCCUPATION OF PUBLIC SIDEWALKS WITH PERSONALIZED PAVERS.

3301.1 The Director of the Department of Public Works may issue a Public Rights-of-Way Occupancy Permit to property owners seeking to occupy portions of the abutting public sidewalk with personalized pavers.

3301.2 Any person seeking to install personalized pavers to the public sidewalk shall submit an application for a Public Rights-of-Way Occupancy Permit together with a non-refundable $ 100.00 application fee paid by certified check or money order made payable to the D.C. Treasurer.

3301.3 The application shall be in the form prescribed by the Director, and shall indicate:

(a) The number and proposed location of the personalized pavers to be installed;

(b) The size, color, pattern, joint, and base of the pavers;

(c) A depiction of the design to be inscribed on the pavers;

(d) The gross revenues received from the sale of the personalized pavers; and

(e) Such other information as the Director may require.

3301.4 At the time of permit issuance, the permittee shall pay the Director a non-refundable fee, paid by certified check or money order made payable to the D.C. Treasurer, equal to ten percent (10%) of the gross revenues received by the permittee from the sale of the personalized pavers identified by the permit.

3301.5 Once affixed to the sidewalk, a personalized paver may not be removed or altered, except for maintenance and repair, without the written consent of the Director.

3301.6 All terms and conditions set forth in § 3310 of this chapter shall apply to Public Rights-of-Way Occupancy Permits issued for personalized pavers, with the exception of §§ 3310.9, 3310.11, 3310.12, and 3310.16.

History

• SOURCE: Final Rulemaking published at 45 DCR 1644 (March 20, 1998), incorporating the text of Proposed Rulemaking published at 44 DDCR 7186 (November 21, 1997 ); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3301

24 DCMR § 3302 OCCUPANCY OF PUBLIC RIGHT-OF-WAY WITH STAND-ALONE CONDUIT, PIPES, AERIAL WIRE, OR SURFACE STRUCTURES HOUSING TRANSMISSION FACILITIES

3302.1 Effective April 1, 2000, no person shall occupy the public right-of-way below ground with stand-alone conduit or pipe, above ground with aerial lines, or on the surface with any structure housing transmission facilities (other than public pay telephones) or be eligible to obtain public space permits authorizing or needed for the installation of such facilities, unless a Public Right-of-Way Occupancy Permit is issued by the Director.

3302.2 Any person who, as of the effective date of this section, has installations for which a Public Right-of-Way Occupancy Permit is required under this section shall be issued a permit on March 31, 2000.

3302.3 Persons seeking a Public Right-of-Way Occupancy Permit under this section shall submit an application on the form provided by the Department and shall set forth the following information:

(a) A detailed description of the existing or proposed stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities;

(b) The existing or proposed number of linear feet of stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities and the existing or proposed location thereof; and

(c) Such other information as may be required by the Director.

3302.4 All persons holding Public Right-of-Way Occupancy Permits issued pursuant to this section shall pay a rental fee as described herein. Except, however, a Public Right-of-Way Occupancy Permittee regulated by the Office of Cable Television and Telecommunications for the provision of cable or video services shall be exempt from the rental fee requirement for its stand-alone conduit, pipe, aerial wire, or surface structures housing transmission facilities related to its cable or video franchise.

3302.5 Persons described in § 3302.2 shall make the first rental payment no later than July 1, 2000 for the period covering April 1, 2000 through June 30, 2000 and shall provide the information required in section 3302.4 no later than June 15, 2000. Failure to comply with either of these requirements shall result in the suspension or revocation of the permit in accordance with Subsection 3304.3.

3302.6 If a Public Right-of-Way Occupancy Permittee described in Subsection 3302.2 cannot ascertain the actual number of linear feet or square feet it occupied as of April 1, 2000, it shall provide the Director with its good faith estimate and describe the method by which the estimate was made. Rental payments required under this section for these existing installations shall be based upon this estimate unless the Director provides written notification that a different estimate shall be used.

3302.7 The Director may revoke, in accordance with Subsection 3304.4, a Public Right-of-Way Occupancy Permit if the permit holder fails to pay the amount of the rental fee when and as due.

3302.8 All Public Right-of-Way Occupancy Permittees with stand-alone conduits or pipes in the public right-of-way below the surface thereof shall pay a rental fee of $ 1.06 per linear foot of public right-of-way occupied. Notwithstanding the foregoing, a Public Right-of-Way Occupancy Permittee shall not be obliged to pay a rental fee for those stand-alone conduits or pipes that the Department can reasonably determine were abandoned prior to March 31, 2000.

3302.9 All Permittees with aerial wires in the public right-of-way above the surface thereof shall pay a rental fee of $ 1.59 per linear foot of aerial space above the public right-of-way occupied.

3302.10 All Permittees with structures housing transmission facilities in the public right- of-way on the surface of the right-of-way shall pay a rental fee of $1.59 per square foot of surface public right-of-way occupied.

3302.11 Except as provided in Subsection 3302.5, rent shall be paid in advance on a quarterly basis. Rental payments shall be due on April 1, July 1, October 1, and the first business day of January of each year. The rent due shall equal the amount of public space occupied by the Public Right-of-Way Occupancy Permittee as of the rental payment due date multiplied by the applicable rate.

3302.12 Each payment shall be accompanied by a certified statement from an authorized officer of the Public Right-of-Way Occupancy Permittee or a duly authorized representative stating that the amount of the payment is true and correct to the best of the officer's or representative's knowledge and belief after due inquiry.

3302.13 Fees may be paid by cash, check or credit card. Checks shall be made payable to the D.C. Treasurer. Payments by credit cards shall include the requisite handling charge that is assessed by the credit card company. Late payments shall incur interest beginning 5 days after the date due at the rate of ten (10%) percent per annum, compounded daily. This provision does not limit the Director's right to revoke a permit for late payment, pursuant to subsection 3302.7.

3302.14 On April 1, July 1, October 1, and the first business day of January of each year, each Public Right-of-Way Occupancy Permittee shall submit a quarterly report on the past quarter’s financial performance to inform the Department of its on-going activities related to the occupancy of the public rights-of-way and to provide an ongoing inventory of the Permittee's stand-alone conduits, pipes, aerial lines, and the surface housing of transmission facilities occupying the public rights-of-way.

3302.15 The District reserves the right to audit the accuracy of the reports submitted by Public Right-of-Way Occupancy Permittees hereunder. Upon reasonable notice, Public Right-of-Way Occupancy Permittee shall allow the District access to all reports and records pertinent to the determination of the number of linear or square feet of public rights-of-way occupied by Permittee. The District shall also have the right to inspect Public Right-of-Way Occupancy Permittee's facilities to investigate the accuracy of reports and of rental payments based thereon. If, as a result of such audit and inspection, the District determines that any Public Right-of-Way Occupancy Permittee has under-counted the number of linear or square feet of public rights-of-way occupied by Permittee or has underpaid the rental fees due hereunder for any reason, the District shall make demand upon the Permittee for the underpaid amounts. Public Right-of-Way Occupancy Permittee shall pay such amounts within fifteen (15) days of such demand. If the underpayment exceeds five percent (5%) of Public Right-of-Way Occupancy Permittee's annual payment hereunder, Permittee shall, upon demand from District, pay to the District all costs reasonably incurred in such audit and inspection.

3302.16 Any overpayment to the District shall be credited against the Public Right-of-Way Occupancy Permittee's next rental payment.

History

• SOURCE: Final Rulemaking published at 47 DCR 2353 (March 31, 2000); as amended by the Public Rights-of-Way Occupancy Fees Amendment Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308 (August 11, 2000)); as amended by the Public Rights-of-Way Occupancy Fees Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899, 6984 (August 25 2006)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3302

24 DCMR § 3303 OCCUPANCY OF PUBLIC RIGHTS-OF-WAY FOR THE PURPOSE OF ACCESSING MANHOLES

3303.1 It shall be unlawful for any person to occupy the public rights-of-way in the roadway for the purpose of accessing a manhole without obtaining a permit issued by the Director.

3303.2 A permit may be issued for a term of one (1) day or one (1) year, at the option of the applicant.

3303.3 Any person seeking a permit under this section shall submit to the Department an application together with a non-refundable $ 85 application fee. The application may be used to obtain multiple single day permits or renewals of annual permits. The Applicant or Permittee is under a continuous duty to update the application as necessary.

3303.4 A person with an approved application on file with the Department may receive a single day permit upon payment of the rental fee and the submittal of a notice of the intent to occupy the public space. The notice shall include the purpose of the work, location of the manhole(s), location of the building or residence to be serviced (if applicable), date work will be performed and a contact name and number for the project. Except as provided in § 3303.11, the notice must be filed at least one (1) working day prior to the date upon which the occupation is to be permitted.

3303.5 No permit issued pursuant to this section establishes legal rights to access a manhole that the Permittee may not otherwise legally access.

3303.6 The rental fee for a single day permit shall be $ 200.

3303.7 The rental fee for an annual permit shall be $ 2,500.

3303.8 The rental fees for annual permits shall be paid on the date the permit is issued, and 30 days in advance of the annual permit's expiration date if the permit is to be renewed.

3303.9 Any fees paid pursuant to this section may be paid by cash, check or credit card. Checks shall be made payable to the D.C. Treasurer.

3303.10 Except as provided in § 3303.11, a person holding an annual permit shall notify the Department, by facsimile, at least one (1) day prior to occupation. The notice shall include the purpose of the work, location of the manhole(s), location of the building or residence to be serviced (if applicable), date work will be performed and a contact name and number for the project.

3303.11 Nothing in this section shall be construed to prohibit the restoration of existing service in emergency circumstances where notice is not feasible; provided, that the person obtains a permit, or, if the person holds a valid annual permit, provides notice in accordance with § 3303.10, within one (1) working day after occupation of the public rights-of-way.

3303.12 After a Permittee gives notice in accordance with § 3303.4, the Permittee may proceed with occupation unless otherwise directed by the Director.

3303.13 No Permittee shall occupy a roadway so as to render the roadway impassable for motor vehicles, unless otherwise stated in writing by the Director.

3303.14 Permittees shall adhere to the applicable Traffic Control Plan attached to the permit and all other permit conditions.

3303.15 Occupation of the roadway for the purposes of accessing a manhole in High Traffic Volume Routes identified by the Director as an attachment to the permit is allowed only between 6:30 p.m. and 7:00 a.m. and between 9:30 a.m. and 3:30 p.m., weekdays, and all day Saturday and Sunday, unless otherwise stated in writing by the Director.

History

• SOURCE: Final Rulemaking published at 48 DCR 5375 (June 8, 2001). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3303

24 DCMR § 3304 [REPEALED]

History

• SOURCE: Final Rulemaking published at 49 DCR 8562 (September 13, 2002); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3304

24 DCMR § 3305 [RESERVED]

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is Sections IV(A) and V of Reorganization Plan No. 4 of 1983, 30 DCR 6428 (December 16, 1983), effective March 2, 1984 and the Fiscal Year 1997 Budget Support Emergency Act of 1996, D.C. Act 11-429, effective October 18, 1996; D.C. Code §§ 1-337; 7-1071; 10-1141.01 et seq.; 50-921.02 to -921.06; Mayor's Orders 96-8, 96-175, 2002-102, 2006-22, 2008-116.
• SOURCE: Final Regulations published at 43 DCR 6581, 6585 (December 13, 1996); renumbered by Final Rulemaking published at 49 DCR 8562, 8564 ( September 13, 2002 ).

24 DCMR § 3306 DESIGNATION OF PASSENGER PICK-UP AND DROP-OFF SITES WITH APPROVED SIGNAGE IN THE RIGHT-OF-WAY FOR COMMUTER, SHUTTLE, SIGHTSEEING, AND TOUR BUSES

3306.1 A bus operator that seeks to occupy a public right-of-way by stopping to pick up or discharge passengers in the public right-of-way shall obtain an annual Bus Right-of-Way Occupancy permit from the Department.

3306.2 At each location where a bus operator is authorized to occupy public right-of-way to stop to pick up or discharge passengers, the bus operator must post a sign in the public right-of-way notifying the public where the bus will stop to pick up or discharge passengers. No sign may be posted by a bus operator unless the posting of the sign has been approved as part of a Bus Right-of-Way Occupancy permit issued by the Department.

3306.3 A bus operator shall provide one (1) of the following four (4) services to be eligible for a Bus Right-of-Way Occupancy permit from the Department:

(a) Commuter bus service;

(b) Shuttle bus service;

(c) Sightseeing bus service; or

(d) Tour bus service.

3306.4 Multiple bus operators may obtain permission to post a single sign designating a stop in public right-of-way at which any of the bus operators may stop to pick up or discharge passengers. The fee for an individual shared sign shall not exceed the fee for an individual single operator sign. The fee for a shared sign shall be apportioned on a pro rata basis among the multiple bus operators who have been permitted to post the sign. No shared sign may be posted until the entire fee has been paid by all bus operators permitted to post the sign.

3306.5 The application fee for the Bus Right-of-Way Occupancy permit shall be the application fee established in § 225 of this title. Except for a Public Transit Agency, a permittee shall also pay an annual permit fee for each bus sign posted in public right-of-way in the following amounts:

Sign affixed to an existing pole or structure in public right-of-way, or a freestanding or portable sign:

Two hundred fifty dollars ($250) per sign;

Sign affixed to a new pole or structure in public right-of-way as proposed by permittee (new pole or structure to be provided and installed by permittee after receipt of permit):

Five hundred dollars ($500) per sign.

3306.6 In addition to the permit fee specified in § 3306.3, the permittee shall pay a technology fee in the amount of ten percent (10%) of the permit fee paid.

3306.7 A bus operator seeking an annual Bus Right-of-Way Occupancy permit shall file an application on a form provided by the Department. The form shall include the following information:

Information on the bus operator, including:

(1) The name of the bus operator;

(2) The mailing and physical addresses of the bus operator; and

(3) The phone number, fax number, email address, and website of the bus operator; and

Information on the proposed occupancy of the public right-of-way, including:

(1) The location of all stops in the District of Columbia at which passengers will be picked up or dropped off in the public right-of-way;

(2) The route(s) that the buses will take between any stops within the District of Columbia;

(3) The hours and days for which the bus operator proposes occupying the public right-of-way for the loading and unloading of passengers;

Information on the signs to be posted in public right-of-way at each stop identified in Paragraph (b)(1) of this subsection, including:

A site plan showing the locations of the poles or structures to which proposed signs will be affixed and the locations on the sidewalk where freestanding or portable signs will be placed;

The size, material, and specifications for a new pole, if required;

If the sign is proposed to be affixed to an existing pole or structure, a description of the signs currently affixed to the existing pole or structure;

An actual-size sample of the proposed sign that shall not be larger than twelve inches by eighteen inches (12″ x 18″); and

A description of how the sign will be affixed to the pole or structure in public right-of-way; and

Such other information as may be required by the Department.

3306.8 No sign may include an advertisement other than the name and logo of the bus company.

3306.9 No bus sign may be posted on a Metrobus pole nor may any bus sign be posted in a marked Metrobus Zone.

3306.10 Notwithstanding §§ 3306.5 and 3306.9, a bus operator operating a commuter bus service may attach a sign on a Metrobus pole or install a sign in a marked Metrobus Zone at no cost, provided the bus operator obtains:

A bus right-of-way occupancy permit; and

Approval from the Washington Metropolitan Area Transit Authority (WMATA).

3306.11 No bus sign may be posted in any public right-of-way space reserved for metered public parking.

3306.12 An application for a Bus Public Right-of-Way Occupancy permit shall be reviewed for conformance with District of Columbia traffic safety requirements, transportation network policies, and streetscape design elements. In determining whether to grant a Bus Right-of-Way Occupancy permit, the Department shall consider the following factors:

The direct impact on pedestrian and vehicular traffic, including bicycle and other non-motorized vehicular traffic;

The bus service schedule, peak hour(s) concentration, and anticipated traffic conditions;

The number of passengers expected to board or disembark at any given time;

The anticipated impact on nearby public transit systems; and

Any other effect of the proposed operations in public right-of-way on public health or safety and the efficient and safe operation of the existing transportation network, including pedestrian, vehicle, and all other modes of transportation.

3306.13 Payment in full of the annual permit fee shall be made to the District prior to the issuance of the Bus Right-of-Way Occupancy permit.

3306.14 A Bus Right-of-Way Occupancy permit shall expire one (1) year after its effective date. A permittee that seeks to continue to occupy the public right-of-way after the one (1)-year period shall submit a new permit application at least thirty (30) days before the expiration date of the current permit. If all of the information required by § 3306.5 remains unchanged from the most recent application, the new permit application need only contain a statement confirming there have been no changes. If any of the information has changed, the application shall include the information required by § 3306.5 that has changed, along with a statement confirming that there have been no other changes.

3306.15 (a) Except as provided for in paragraph (b) of this subsection, no bus operator may occupy public right-of-way to stop and pick up or discharge passengers except in the stops approved as part of a Bus Right-of-Way Occupancy permit.

(b) Notwithstanding paragraph (a) of this subsection, a bus operator may occupy the public right-of-way to stop to pick up or discharge passengers at the nearest reasonable location closest to a stop approved as part of a Bus Right-of-Way Occupancy permit, when the curbside where the approved stop is closed due to one of the following special circumstances:

(1) A special event approved by the Mayor’s Special Events Task Force;

(2) A Temporary Public Space Occupancy permit issued by the Department; or

(3) An order of the Metropolitan Police Department or other law enforcement or emergency response agency of competent jurisdiction.

(c) The bus operator must return to use the approved stop to pick up or discharge passengers as soon as the curbside location closed pursuant to paragraph (b) of this subsection reopens to public use.

3306.16 When occupying public right-of-way at an approved stop, the bus operator must be in the process of actively loading or unloading bus passengers and must otherwise abide by all other existing and applicable curbside regulations.

3306.17 The Department may revoke a bus operator’s Bus Right-of-Way Occupancy permit and require the permittee to remove its signs and poles from the public right-of-way if the bus operator:

Fails to pay in full its annual permit renewal fee, including fees for any signs; or

Violates any other requirement listed in this section.

3306.18 A bus operator already providing service in the District on the effective date of this chapter shall have until March 1, 2014 to apply for and receive a Bus Right-of-Way Occupancy permit.

3306.19 Each sign posted in the public right-of-way by a bus operator, and its associated pole or structure, if installed by the bus operator, that does not receive a Bus Right-of-Way Occupancy permit by March 1, 2014, must be removed by the bus operator.

3306.20 Starting March 1, 2014, a sign posted in the public right-of-way by a bus operator that does not have a Bus Right-of-Way Occupancy permit or has a Bus Right-of-Way Occupancy permit that has been revoked, may be removed by the Department. The bus operator shall be liable to the Department for the costs of any such removal.

3306.21 The District shall not incur any liability for removing a bus operator’s signs or poles. The company whose signs or poles are removed shall be liable to the Department for the costs of the removal.

History

• SOURCE: Final Rulemaking published at 53 DCR 7857 (September 29, 2006); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3306

24 DCMR § 3310 GENERAL TERMS AND CONDITIONS

3310.1 In addition to the Public Right-of-Way Occupancy Permit, a Permittee shall obtain all other required permits and licenses, and other forms of approval, including, where applicable, approval of the Downtown Streetscape Committee in accordance with Chapter 11 of this Title, prior to occupying the public space, public right-of-way, or public structure that is the subject of the Public Right-of-Way Occupancy Permit.

3310.2 The duration of Public Rights-of-Way Occupancy Permits is as follows, with provisions for renewal thereafter:

(a) Permits issued pursuant to Section 3302 shall be valid for twenty (20) years;

(b) Permits issued pursuant to Sections 3303 shall be valid for not more than one (1) year; and

(c) All other Permits shall be valid for terms not to exceed ten (10) years.

3310.3 A fine or permit suspension or revocation may be imposed for failure of the Permittee to comply with this chapter, other applicable federal and District laws and regulations, or the terms and conditions of the Permit.

3310.4 The Director shall provide Public Right-of-Way Occupancy Permittee with a notice of intent to suspend or revoke. The Permittee shall have a 30-day period to cure the deficiency or offer a written defense, which may include a request for a hearing. The Director shall consider the defense and decide, in his or her discretion, whether to grant a hearing or issue a written decision. The procedures for any hearing permitted by the Director shall be specified in the notice of hearing. In the event that any permit is revoked, the Public Right-of-Way Occupancy Permittee shall, at the Department's request, remove the installation that was the subject of the revoked permit from the public space, public right-of-way, or public structure. The cost of removal shall be at the Public Right-of-Way Occupancy Permittee's sole expense.

3310.5 The Public Right-of-Way Occupancy Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith without the prior written authorization of the Department of Public Works. For purposes of this section, a merger or consolidation of the Permittee with another company, a pledge of assets as collateral on a loan, an assignment to an affiliate, parent, or subsidiary of the Permittee, or a transfer of stock shall not be deemed a transfer or assignment. If all or part of Permittee's facilities in public space, the public right-of-way, or public structures are sold, if Permittee makes a general assignment of its entire assets, or if title to any of Permittee's facilities in public space, the public right-of- way, or public structures is in any manner conveyed to another Person, Permittee shall give written notice to the Director of such occurrence, and the new owner shall make application with the Director for transfer of the Permit. From and after receipt of such written notice, the new owner of the facilities will be responsible for the payment of the rental fees hereunder. If Permittee fails to notify the Director as required in this paragraph, Permittee shall remain liable for all rental fee payments due hereunder.

3310.6 No portion of the public space, public right-of-way, or public structure occupied by the Permittee, except that occupied by stand-alone conduits or pipes, or aerial lines, may be leased or subleased for a fee without express written permission from the Department permitting such lease or sublease, subject to such terms and conditions as the Department may impose. Nothing contained in this Chapter shall be construed as to impede the interconnection requirements prescribed by federal and District law.

3310.7 A Public Right-of-Way Occupancy Permittee shall not authorize any other Person to make use of the Permittee's facilities in the public space or right-of-way without demonstration that the Person is authorized by the Department to make the contemplated use and that the Person holds the appropriate permits from the Department.

3310.8 Nothing in this chapter shall be construed to limit the liability of the Public Right-of-Way Occupancy Permittee to pay all applicable Federal and District taxes.

3310.9 All payments shall be subject to audit by the District and assessment or refund if the payment is found to be in error. In the event that such audit results in the assessment of an additional payment to the District, such additional payment may be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately in addition to the cost of the audit as provided in Section 3303.4 of this Chapter. Any overpayment to the District shall be credited against the Public Right-of-Way Occupancy Permittee's next rental payment.

3310.10 For permits issued under Section 3300 of this Chapter, prior to the deployment of the Permittee's wireless communications system, the Permittee shall file with the Department a network plan that clearly identifies the network's component devices and their specifications and location.

3310.11 The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate or remove its facilities from any public streetlight pole or the surface of the public right-of-way when required to do so by the Department and shall, at its own cost and expense, remove its facilities upon expiration of the Permit.

3310.12 Nothing in this Chapter or any Permit issued in accordance herewith for aerial facilities shall be construed as authorizing the Public Right-of-Way Occupancy Permittee to erect and maintain new streetlight poles or support structures.

3310.13 The Public Right-of-Way Occupancy Permittee shall properly maintain the occupied public space, public right-of-way, public structure, and all facilities installed as part of the Permittee's system so that the Permittee's installation does not interfere with or disrupt the operation of any equipment or facility belonging to the District or other permitted users, or pose a danger to the public. The Permittee shall keep all surface installations, including personalized pavers, free of ice, snow, leaves, litter, refuse and other deposits.

3310.14 The Public Right-of-Way Occupancy Permittee shall demonstrate financial responsibility or provide evidence of indemnification insurance and performance bonds as required by the Department. The amounts of the insurance and bonds will be based upon:

(a) The extent of the network design filed with the Department as specified in Section 3304.10, as to permits issued pursuant to Section 3300;

(b) The number, size, composition, and location of the personalized pavers that will occupy portions of the public sidewalk, as to permits issued under Section 3301 of this chapter; or

(c) The extent to which the Public Right-of-Way Occupancy Permittee's structure housing transmission facilities occupies the public right-of-way as shown in the plans filed with the Department as specified in Section 3303.2, as to permits issued pursuant to Section 3302 of this chapter.

3310.15 The Public Right-of-Way Occupancy Permittee, as a condition of its Permit, agrees to hold harmless the District and the United States, and officers and employees of each of these governments, for any loss or damage to persons or property, arising out of or in any way related to Public Right-of-Way Occupancy Permittee's use of the public space, public rights-of-way, or public structure, or the discontinuance of any use.

3310.16 In the event that a Right-of-Way Occupancy Permit expires or is suspended or revoked, the Director may require, at the expense of the Permittee, the immediate removal of any apparatus, structure, facility, installation, or device affixed, erected, or installed in public space, on a public right-of-way, or on a public structure, and the restoration of the public space, public right-of-way, or public structure to its condition prior to the issuance of the permit. If the Permittee does not comply with the requirements of this subsection, the Director may remove any of the Permittee's property and the cost of such removal shall be borne by the Permittee, including, but not limited to, the manner specified in § 24-1313.

History

• SOURCE: Final Rulemaking published at 43 DCR 6581 (December 13, 1996); as amended by Final Rulemaking published at 47 DCR 2353 (March 31, 2000); as amended by Final Rulemaking published at 48 DCR 5375 (June 8, 2001); as amended by Final Rulemaking published at 49 DCR 8562 (September 13, 2002); as amended by Final Rulemaking published at 53 DCR 7857 (September 29, 2006); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3310

24 DCMR § 3311 OCCUPATION OF THE PUBLIC RIGHTS-OF-WAY

3311.1 All persons occupying the public rights-of-way on the effective date of this rule shall file a statement with the Director of the Department of Public Works on or before January 24, 1997 containing the following information:

(a) The location and purpose for which the public rights-of-way are currently utilized; and

(b) A statement indicating whether the person intends to continue to occupy the public rights-of-way after February 24, 1997.

3311.2 If the statement indicates an intent to continue to occupy the public rights-of-way after February 24, 1997 the statement shall further specify:

(a) The rates that the person believes are a fair and equitable charge for its occupation of the public rights-of-way, along with the justification for the person's opinion; and

(b) If the public rights-of-way are being subleased, the statement shall specify the rates, terms and conditions under which the person subleases the space.

3311.3 Any trade secrets or commercial and financial information submitted in the statement shall be marked confidential and shall be held in confidence by the Department. Any non-governmental person requesting access to confidential information submitted pursuant to Section 3311 shall first execute a confidentiality agreement with the person who submitted the information.

History

• SOURCE: Final Rulemaking published at 43 DCR 6581 (December 13, 1996); as amended by Final Rulemaking published at 49 DCR 8562 (September 13, 2002). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3311

24 DCMR § 3312 MOBILE STORAGE CONTAINERS

3312.1 No person shall place in the public right-of-way a mobile storage container without a public space permit issued by the Director of the District of Columbia Department of Transportation.

3312.2 A mobile storage container provider shall submit to the Director of the District of Columbia Department of Transportation an application for an annual permit to use public space together with a one hundred dollars ($100) fee. With the application, the mobile storage container provider shall also provide proof of insurance as outlined in Subsections 3312.3 and 3312.4 and a copy of its current, valid business license.

3312.3 A permitted mobile storage container provider shall maintain throughout the term of the permit an insurance policy or policies covering all operations of the permittee’s mobile storage container business. Failure to maintain the required insurance shall be a violation of the terms of the permit.

3312.4 Each permitted mobile storage container provider shall obtain a public liability insurance policy made out in the name of, and for the sole benefit of the District of Columbia, a municipal corporation, and its officers and employees, covering all use of public space. The insurance policy shall contain coverage in the following amounts:

$500,000.00

Each individual

$1,000,000.00

Each accident

$500,000.00

Property damage

3312.5 A mobile storage container provider who has obtained a permit shall do the following:

(a) Post on the outside of the mobile storage container a copy of the public space permit issued to the mobile storage container provider or clearly display the name of the mobile storage container provider on the outside of the mobile storage container;

(b) Place the mobile storage container in the parking lane of the roadway parallel with the edge of the roadway in front of the property owned or leased by the person renting the mobile storage container, or the nearest adjacent location;

(c) Mark the exterior, traffic facing side of the mobile storage container with reflective material;

(d) Keep the mobile storage container completely covered and sealed during transport; and

(e) Keep the exterior of the mobile storage container clean and free of graffiti.

3312.6 No mobile storage container provider shall place a mobile storage container in the following manner:

(a) Beyond, atop, or partially resting upon the curb of the roadway;

(b) In the tree box area;

(c) On the sidewalk or across the sidewalk;

(d) In violation of rush hour, street sweeping, building entrance or any other parking restrictions, except the residential permit parking restrictions; and

(e) At a parking meter, unless the person renting the mobile storage container has provided proof of meter fee payment tendered to the Director of the Department of Transportation pursuant to Subsection 3312.13 and a copy of the public space permit for the address specific location issued by the Director of the District of Columbia Department of Transportation pursuant to Subsection 3312.9.

3312.7 The Director of the District of Columbia Department of Transportation may revoke an annual public space permit issued to a mobile storage container provider for the following reasons:

(a) The mobile storage container provider violates a provision of Subsections 3312.2 through 3312.6 or the public space permit issued to the provider;

(b) The mobile storage container provider fails to pay the applicable fees; or

(c) Public safety and welfare.

3312.8 No person shall rent for the placement or otherwise cause to be placed on the public right-of-way a mobile storage container without a public space permit that is address specific to the location and issued by the Director of the District of Columbia Department of Transportation.

3312.9 At least 72 hours prior to the placement of mobile storage containers on the public right-of-way, the person renting such containers shall submit to the Director of the District of Columbia Department of Transportation an application for each address specific location to be occupied by the mobile storage containers.

3312.10 The person who rents the mobile storage container shall pay a public space permit fee of fifty dollars ($50) to rent space at a location in front of or adjacent to the address specific location. The total public space area occupied by mobile storage containers for any location shall not exceed the following dimensions, unless the fee provided in Subsection 3312.12 is paid:

(a) Width of eight feet;

(b) Length of twelve feet; and

(c) Height of eight feet

3312.11 For each additional six (6) feet of length of public right-of-way or portion thereof occupied by the mobile storage containers an additional permit fee of twenty-five dollars ($25) shall be paid.

3312.12 An additional fee shall be charged to compensate the District of Columbia Department of Transportation for the revenue lost due to the occupancy of the public right-of-way by mobile storage containers placed at a parking meter.

3312.13 No person shall leave any mobile storage container in the public right-of-way for longer than five (5) days.

3312.14 A mobile storage container renter who has obtained a permit to occupy public space shall do the following:

(a) Post Emergency No Parking signs at the address specific location designated for the mobile storage containers at least 72 hours prior to the placement of the mobile storage containers at the location; and

(b) Post on the outside of the mobile storage container a copy of the public space permit for the address specific location.

3312.15 The Director of the District of Columbia Department of Transportation may revoke a public space permit issued for an address specific location for the following reasons:

(a) The permittee violates a provision of Subsections 3312.10 through 3312.15 or the public space permit for the address specific location;

(b) The permittee fails to pay the applicable fees; or

(c) Public safety and welfare.

History

• SOURCE: Final Rulemaking published at 55 DCR 12279 (December 5, 2008). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3312

24 DCMR § 3313 RESERVED ON-STREET CAR SHARING

3313.1 No person shall use the public right-of-way for the parking of its car-sharing vehicles in designated spaces in the public space without a public space permit issued by the Director.

3313.2 The Director shall issue an annual public space permit for a reserved on-street car sharing program only to a reserved on-street car-sharing company (“company”).

3313.3 A public space permit issued pursuant to this section shall be subject to the following conditions, in addition to such other conditions as may be imposed by law, regulation, or the Director:

(a) The company must indemnify the District against legal liabilities associated with the use of public space for car-sharing operations;

(b) All company car-sharing vehicles parked in the District, regardless of whether they are located on private or public space, must be registered in the District and display District license plates;

(c) The company must reserve at least one (1) on-street space in each ward;

(d) The company must have at least as many vehicles available to members in private parking locations as in public parking locations, including at least one (1) in each ward; and

(e) The company shall provide DDOT with data to help evaluate the impact of the reserved on-street car-sharing program.

3313.4 The fee for a permit issued pursuant to this section shall be assessed, for each parking space covered by the permit, at an annual cost of four hundred dollars ($400). The fee for a parking space covered by the permit shall be reduced to zero dollars ($0) if the parking space is located in a Priority Census Block Group.

3313.5 The fee may be increased annually by the lesser of the Consumer Price Index or five percent (5%).

3313.6 The permit may be renewed annually.

3313.7 In addition to the fee imposed by 3313.4, the Department shall charge an annual fee of four hundred dollars ($400) for each of the company’s car-sharing vehicles in the District to allow for the company’s car sharing vehicles to park at the following locations:

A residential permit parking zone, without regard to residential parking restrictions, and

On-street metered parking spaces without paying the meter fee and without having to adhere to the time limit restriction.

3313.8 The fee imposed by § 3313.7 shall be reduced, on a monthly prorated basis, by twenty-five percent (25%) for all vehicles, if the company demonstrates that thirty percent (30%) of trips taken in the previous month by all of the company’s vehicles in the District originated from a parking space located in a Priority Census Block Group.

The fees imposed by § 3313.4 and § 3314.7 may be waived in writing by the Director during a time when:

A public emergency is declared pursuant to Section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304);

The public emergency declaration has been in effect for thirty (30) days; and

The Department has determined that the public emergency has had or will have a significant negative impact on the transportation network and utilization of car-sharing services.

History

• SOURCE: Final Rulemaking published at 60 DCR 11236 (August 2, 2013); as amended by Final Rulemaking published at 72 DCR 014056 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3313

24 DCMR § 3314 SHARED FLEET DEVICE OPERATION AND PERMITS

3314.1 No person shall use the public right-of-way to deploy or make available for rent shared fleet devices in the public right-of-way without a permit issued by the Director.

3314.2 The Director may issue a shared fleet device permit only to a shared fleet device operating company with a basic business license to operate in the District.

3314.3 The Director shall charge permit fees and assess a bond, cash deposit, or other security acceptable for the use of the public right-of-way to each dockless vehicle operating company that offers dockless vehicles for rental in the public right-of-way. Permit fees and performance bonds shall be assessed as follows:

(a) Prior to January 1, 2019:

(1) A non-refundable application fee of fifty dollars ($50) per permit;

(2) A technology fee of twenty-five dollars ($25) per permit;

(3) A permit fee of two thousand dollars ($2,000) per month; and

(4) A five thousand dollar ($5,000) refundable bond, cash deposit, or other security acceptable to the Director securing the faithful performance of the obligations of the dockless vehicle operating company under any Public Right-of-Way Occupancy Permit issued pursuant to this section and the compliance with all terms and conditions of this section. If the Applicant chooses to maintain a bond with the Department, the bond shall be continuously valid for one year at any point in time during the length of the permit.

(b) Effective January 1, 2019:

(1) An application fee of fifty dollars ($50) per permit;

(2) A technology fee of twenty-five dollars ($25) per permit;

(3) A fee of two hundred fifty dollars ($250) for the initial permit to operate in the public right-of-way;

(4) A fee of one hundred dollars ($100) for each annual renewal of the permit to operate in the public right-of-way;

(5) According to the month during which the dockless sharing vehicle will enter into operation in the District, a per vehicle fee of:

Month of First Operation

Per Vehicle Fee

January

$60

February

$55

March

$50

April

$45

May

$40

June

$35

July

$30

August

$25

September

$20

October

$15

November

$10

December

$5

(6) A ten thousand dollar ($10,000) refundable bond or other security acceptable to the Director, to be retained by the Department in the event the dockless vehicle operating company fails to remove from the public right-of-way vehicles that are unsafe, unpermitted, or abandoned, or if the District of Columbia must remove, relocate, impound, or store dockless vehicles due to improper parking, safety hazards, or any other violation of these regulations or the terms and conditions of the Public Right-of-Way Occupancy Permit.

(c) Effective January 1, 2023:

(1) The application fee shall be fifty dollars ($50) per permit;

(2) The technology fee shall be twenty-five dollars ($25) per permit;

(3) The fee for the initial permit to operate in the public right-of-way shall be two hundred fifty dollars ($250);

(4) Each renewal of the permit to operate in the public right-of-way shall be one hundred dollars ($100);

(5) A ten thousand dollar ($10,000) refundable performance bond, to be retained by the Department, in an amount totaling any costs incurred, if the shared fleet device operating company fails to remove from the public right-of-way devices that are unsafe, unpermitted, or abandoned, or if the District of Columbia must remove, relocate, impound, or store shared fleet devices due to improper parking, safety hazards, or any other violation of these regulations or the terms and conditions of the shared fleet device permit.

(6) The monthly fee for each permitted shared fleet device during each month of a permit shall be $10.

(7) Shared fleet device permitted operators must pay the device fees described in paragraph (6) to the Department on a semi-annual basis.

(8) If a shared fleet device permitted operator is no longer offering service in the District, the Department shall not refund any fees paid for the current or past months of operations.

(9) The Director may waive the per-device fees for a shared fleet device permit pursuant to § 3314.31.

3314.4 Before the Director may issue a permit to a shared fleet device operating company, the company must submit, and the Director must approve, an operations plan that addresses safe accommodation for pedestrians and bicyclists.

3314.5 A shared fleet device permit issued pursuant to this section shall be subject to the following terms and conditions, in addition to such other conditions as may be imposed by law or regulation:

(a) The shared fleet device operating company shall indemnify the District against all liabilities associated with the use of the public right-of-way by the shared fleet device operating company’s devices;

(b) The shared fleet device operating company shall ensure that each shared fleet device in its fleet has a clearly displayed unique identification;

(c) The shared fleet device operating company shall, unless the company has fewer than two hundred (200) permitted shared fleet devices, deploy at minimum three percent (3%) of its fleet in each ward between 5:00 a.m. and 7:00 a.m. daily;

(d) The shared fleet device operating company shall equip each shared fleet device with on-board Global Positioning System (GPS) technology that does not obtain spatial information by relying on a customer’s smartphone;

(e) The shared fleet device operating company shall make shared fleet devices able to be located and unlocked both by using a smartphone application, and without a smartphone or computer.

(1) If a customer uses a smartphone to locate or unlock a device, the company shall not require customers to grant location services from their smartphones and shall not require access to customer’s contacts, photos, or other personal files.

(2) The company may request that customers “opt in” to granting location services for improved functionality, but only if a customer’s failure or refusal to grant location services does not prevent the customer from using the company’s shared fleet devices;

(f) The shared fleet device operating company shall provide the Director or the Director’s designee with data, of types identified by administrative issuances published on the Department’s website, to help evaluate the impact of the operator’s publicly accessible shared fleet device system. These specified types may include CSV or JSON file types or another format acceptable to the Director as communicated through administrative issuance;

(g) The shared fleet device operating company shall provide a publicly accessible Application Program Interface (API), clearly posted on the shared fleet device operating company’s website, that provides, at minimum, the current location of any of its shared fleet devices available for rental at all times. Data shall be provided in the General Bikeshare Feed Specification (GBFS) format or an alternative format approved by the Director, reflecting industry best practices for frequency and updated by administrative issuance;

(h) On the seventh (7th) day of each month, or the next business day if the seventh (7th) day of the month is a weekend day or holiday, the shared fleet device operating company shall electronically report to the Director or the Director’s designee the origin, destination, route traveled, and device type for each trip completed, penalties or fines assessed against riders by the operator, crash and injury data reported to the operator from either the users of its shared fleet devices or other sources, and any anonymous ridership data requested by the Director or the Director’s designee for each shared fleet device, and a description of all complaints made against the operating company;

(i) The shared fleet device operating company shall provide the Director or the Director’s designee an additional Application Programming Interface (API), distinct from the API described in 3314.5(g), available to the Department. Pursuant to section 6c(c)(4) of the District of Columbia Traffic Act, 1925, effective March 16, 2021 (D.C. Law 23-203), the Director may also require the company to make this additional API available to another District government agency or a third party for data visualization or analysis purposes. Data shall be provided in a format acceptable to the Director that allows real-time program review, and the Director may, by administrative issuance to be published on DDOT's website, identify standards and specification for this data;

(j) The shared fleet device operating company shall provide a toll-free telephone number for reporting shared fleet devices that are inoperable or suspected of being operated or parked in an apparent violation of the law, and to file complaints. The shared fleet device operating company shall display the telephone number on all its devices, including in braille. By January 1, 2023, the company shall also provide, on each shared fleet device, information on how to report an illegally parked device to the District’s 311 Call Center;

(k) The shared fleet device operating company shall make shared fleet devices available:

(1) To all members of the public who comply with the operating company’s terms and conditions;

(2) For use throughout the entire District, subject to any geofencing required by this chapter; and

(3) Without charging customers different rates or different fees based on a trip’s origin and destination, provided the trip’s origin and destination are within the District; except that a shared fleet device operating company may provide user incentives for parking in preferred “hubs,” so long as at least one preferred hub is available in each ward of the District;

(l) The shared fleet device operating company shall educate users regarding the law and safe practices applicable to operating and parking a shared fleet device by requiring each user to watch a video with closed captioning, or to participate in other media approved by the Director, through the permitted operator’s mobile application when using the mobile application for the first time, and may re-educate users after they have been determined to have violated the companies’ rules on two (2) previous occasions or on each successive occasion thereafter, that explains:

(1) Users must be at least sixteen (16) years of age, or any older age that a permitted operator may determine it would prefer to set as its own guidelines;

(2) Users under eighteen (18) years of age shall wear helmets;

(3) Users shall park legally, which includes using the lock-to

mechanism after October 1, 2021;

(4) Users shall not ride with passengers;

(5) Users shall yield to pedestrians;

(6) Users shall park electric mobility devices in corrals when

available;

(7) Users shall ride electric mobility devices in protected bike lanes

when available;

(8) Users shall not ride on sidewalks within the Central Business

District;

(9) Users shall not operate a shared fleet device while carrying any article, including a package or bundle, that hinders the person from keeping both hands on the handlebars; and

(10) Users shall not operate a shared fleet device while wearing a headset, headphone, or earphone, unless the device is being used to improve the hearing of a person with a hearing impairment or the device covers or is inserted in one ear only;

(m) Each shared fleet device operating company may have no more than thirty-five percent (35%) of its permitted fleet operating in the public space within each ward, and will proactively monitor its shared fleet devices to be in compliance with this requirement without notification from the District; provided, that the Director may order, to the extent authorized by law, a temporary reduction in service that suspends this requirement if:

(1) The Director notifies the shared fleet device operating company that it is unsafe to deploy devices; or

(2) The shared fleet device operating company notifies the Director, in writing, that inclement weather or other emergency events make it unsafe to deploy or rebalance shared fleet devices on that day.

(n) The shared fleet device operating company shall offer a low-income customer plan as described in § 3319.1(c);

(o) The shared fleet device operating company shall offer a cash payment option that allows any customer to pay using cash and this option:

(1) Shall be the same price as the option to pay by card or electronically; and

(2) Shall not include any fees or surcharges that would not be paid by those using card or electronic payments;

(p) The shared fleet device operating company shall maintain maintenance records for each shared fleet device and ensure that each shared fleet device is in safe working order and that all lettering is visible and unobstructed by damage, dirt or debris;

(q) The shared fleet device operating company shall not deploy, on one block face, more than five (5) shared fleet devices per permit;

(r) The shared fleet device operating company shall make a minimum of fifty percent (50%) of the permitted fleet of shared fleet devices available in the public right-of-way at all times, unless otherwise directed in accordance with 3314.5(m)(1) and (2);

(s) When a shared fleet device operating company stages more than three (3) shared fleet devices on a block face in public space, it shall lock those devices to bicycle racks or public street signs;

(t) The shared fleet device operating company shall inform the Director of any location on private property where shared fleet device staging may take place. The location must be visible from the public space and accessible to all users;

(u) The shared fleet device operating company shall certify that all Electric Mobility Devices are equipped with a speed governor that ensures the device will not travel in excess of ten (10) miles per hour on level ground;

(v) To the extent authorized by law, the shared fleet device operating company shall cooperate with requests from the Director to suspend or alter service and remove devices from public space during extreme weather events. Extreme weather includes winds above thirty (30) miles per hour, snow or ice storms, and flood warnings;

(w) To the extent authorized by law, the shared fleet device operating company shall cooperate with requests from the Director to suspend or alter service and remove devices from the public space during special events;

(x) To the extent authorized by law, the Director may remove shared fleet devices from the public right-of-way without prior notice if the Director determines that an emergency so requires;

(y) The shared fleet device operating company shall report to the Director, within twenty-four (24) hours of receiving notice, any accident involving one of their shared fleet devices, any reports they receive of injuries resulting from use of one of their shred fleet devices or, any issue which could affect public safety, as well as any fatality which occurs on their devices in any market where the shared fleet device operating company is operating;

(z) To prepare for emergency cases involving the imminent threat of death or serious physical injury to any person or significant damage to private property or public space, the shared fleet device operating company must have an established Emergency Disclosure Request process that applies when a law enforcement agency requests data and customer information;

(aa) The shared fleet device operating company shall exchange data with the District’s Maintenance Management System (MMS) to receive and update trouble tickets, which may be used to track parking and moving violations of the shared fleet device operating company’s devices;

(bb) The shared fleet device operating company shall maintain sufficient staffed operations located within the District to ensure compliance with DC Official Code § 50-2201.03c and this chapter, including any required rebalancing or corrective measures.

(cc) The shared fleet device operating company shall charge devices and batteries in locations compliant with Occupational Safety and Health Administration (OSHA) standards, following practices required by those standards, and provide the Director, on a monthly basis, with a list of all locations where battery charging occurs;

(dd) The shared fleet device operating company shall not require riders to agree to class action waivers or other terms that require riders to waive their rights;

(ee) Within forty-eight (48) hours after a shared fleet device operating company determines that a breach of its data system has occurred that has placed user personal information at risk, the shared fleet device operating company shall notify DDOT, and all past and present users of its shared fleet devices who may be affected by the breach, of the breach and the likely consequences of it;

(ff) The shared fleet device operating company shall refrain from deploying shared fleet devices within three hundred (300) feet of an elementary, middle school, or senior wellness center, unless the deployment space is located on a block face adjacent to a Metrorail station entrance;

(gg) If one of the shared fleet device operating company’s shared fleet devices is involved in an accident and the police have been called to the scene, the company shall leave the device at the scene until the police have consented to the removal of the device and shall, if the police determine it to be necessary, allow the police to take the device as evidence;

(hh) The shared fleet device operating company shall compile crash and injury data reported from the users of its shared fleet devices and publish the data on its mobile application or website. The data shall be aggregated so that no specific individuals can be identified;

(ii) The shared fleet device operating company shall display a plainly visible logo or name on its shared fleet devices to assist the public in identifying which shared fleet devices belong to which company;

(jj) The shared fleet device operating company shall provide the public with data via its website or mobile application regarding how much of its SFD fleet and what parts, if any, of its shared fleet devices are reused or recycled at the end of each shared fleet device's useful life;

(kk) The shared fleet device operating company shall ensure that its shared fleet devices are equipped with a headlight and taillight to be used when the safe operation of the device requires it, reflective markings on its sides, and an audible signal to allow users to alert pedestrians to the device’s presence while the device is in use;

(ll) The shared fleet device operating company shall offer an optional free class, in person or virtually, at least once a month, to educate users regarding the law and safe practices applicable to operating and parking a shared fleet device; and

(mm) The shared fleet device operating company shall offer to ship a helmet to any user who requests it for a price determined by the Director after consultation with the company.

3314.6 A shared fleet device permit shall:

For permits with a start date after June 30, 2022 but before January 1, 2023, expire on December 31, 2022; and

For permits with a start date on or after January 1, 2023, have a period of twenty-four (24) months.

3314.7 If a shared fleet device operating company is not meeting its obligations under any shared fleet device permit issued pursuant to this section, including the terms and conditions described in § 3314.5, the Director may order, in writing and sent by electronic transmission, the shared fleet device operating company to, within two (2) hours from the time the order is issued:

(a) Commence and complete corrective measures; or

(b) Notify the Director, in writing and before the required time period has ended, if the work cannot be performed within the two (2) hours stated in the order because of unforeseen circumstances, and provide a timeline for corrective measures to be completed.

3314.8 If a shared fleet device operating company fails or refuses to comply with an order issued pursuant to Subsection 3314.7, the Director may correct, temporarily repair, or permanently restore the public right-of-way in such manner as the Director deems appropriate.

3314.9 The Director may make deductions from the balance of a shared fleet device operating company's deposit(s) to recover all costs incurred during corrections, repairs or restorations carried out pursuant to Subsection 3314.8. The Director shall provide written notice by electronic transmission to the shared fleet device operating company prior to making a deduction, stating the reasons for and the amount of the deduction and advising the shared fleet device operating company that any objection must be submitted, in writing, no later than seven (7) days after the date of the written notice. If the Director denies the company’s objection, its decision shall be in writing, shall set forth the reasons for denying the objection, and shall be sent to the shared fleet device operating company three (3) days before a deduction is made.

3314.10 A permit issued under this section shall designate the maximum number of shared fleet devices the permittee may operate in the public right-of-way (the “maximum fleet size”).

The initial maximum fleet size for a permit for shared fleet bicycles shall be two thousand five hundred (2,500) bicycles, and the initial maximum fleet size for a permit for shared fleet electric scooters shall be seven hundred and twenty (720) scooters.

The maximum fleet size under a permit issued under this section for shared fleet electric scooters may be increased above the initial maximum fleet size, to up to five thousand (5,000) shared fleet electric scooters under the permit, to accommodate the demand for shared mobility in accordance with 24 DCMR § 3319.

3314.11 [RESERVED].

3314.12 [RESERVED].

3314.13 [RESERVED].

3314.14 The Director shall not authorize a shared fleet device operating company to operate more than five thousand (5,000) shared fleet electric scooters before January 1, 2023.

3314.15 [RESERVED].

3314.16 [RESERVED].

3314.17 [RESERVED].

3314.18 [RESERVED].

3314.19 The publicly accessible shared fleet device system shall be only for shared fleet devices.

3314.20 The Director may, using administrative issuances to interpret this chapter, supply guidance on safety and performance standards and specifications for a device to be eligible for the publicly accessible shared fleet device system. Such standards and specifications may include weight, dimensions, and number of wheels.

3314.21 A shared fleet device operating company shall resolve any public complaint made to the District’s 311 call center through the District’s Maintenance Management System.

3314.22 (a) To promote public access and preserve the safe use of public space, the Director may, on a case-by-case basis, issue a written notice requiring a shared fleet device operating company to create a geofence in relation to a special event. A temporary geofence restriction may be in place for a minimum of two hours and may be extended to a maximum of thirty (30) calendar days upon reasonable determination by the Director.

(b) If the Director requires a geofence pursuant to paragraph (a), the shared fleet device operating company’s mobile application must display the geofence on the user’s mobile device and notify the user of the limitation of the geofence through image or text notification.

3314.23 Shared fleet device operating companies shall use geofences, which may include device speed reductions and parking restrictions, that are sufficient to limit use within privately owned commercial districts and restrict access to federally-owned property, as determined by the Director in administrative issuances.

3314.24 The Director may issue no more than nine (9) shared fleet device permits, during a permit period, and may permit fewer if the Director determines that doing so would be in the interest of protecting public safety, preventing negative transportation impacts, or ensuring reasonable enjoyment of the public space. Of the total number of shared fleet device permits, no more than five (5) may be for electric mobility devices.

3314.25 A shared fleet device operating company must provide a mobile application that allows users to rent only the shared fleet devices of their company.

3314.26 In order to promote the purpose of the publicly accessible Application Program Interface (API) as described in § 3314.5(g), a shared fleet device operating company shall provide Deep Links in that API that transfer the user to the company’s mobile application or the application store where the user can complete the rental of the specific device the user is requesting.

3314.27 A shared fleet device operating company that allows for vehicles to be rented in a mobile application of a third party shall ensure that users, consistent with § 3314.5(l), are educated on District of Columbia traffic laws.

3314.28 A shared fleet device operating company shall not transfer its permit to another entity without express written permission of the Director. The Director may grant the transfer of a permit pursuant to the procedures set forth in 24 DCMR § 3310.5, and shall update any related permits to reflect the transfer. The shared fleet device operating company to whom the permit is being transferred must either:

Have already signed a permitted operator agreement and been issued a shared fleet device permit, or;

Complete an application for a shared fleet device permit pursuant to the procedures set forth in 24 DCMR § 3317.

3314.29 A shared fleet device operating company shall submit device data and records generated by devices to the Director when operating pursuant to an active permit. Data required for determining compliance shall be delivered at no greater than a five (5) minute delay. Data required for planning purposes shall be delivered at no greater than a five (5) day delay. Data required for monthly reporting requirements shall be delivered no later than seven (7) days after the conclusion of the month.

3314.30 All shared fleet device operating company data submitted to the Director or the Director’s designee shall be used for management of the publicly accessible shared fleet device system, regulation of the public space, and related planning purposes.

3314.31 Waiver of device fees.

The Director may waive the per-device fees described in § 3314.3(c)(6) that would otherwise be due.

To be eligible for a waiver of all device fees for a shared fleet device permit under this subsection, a shared fleet device operating company shall demonstrate, no later than 10 days after the end of the biannual fee collection period, that at least ten percent (10%) of the total miles traveled attributable to the operator’s shared fleet devices operated through that permit over the previous six (6) months represents rides taken by those who were participating in, and had been verified by the operator to be eligible for, the operator’s low-income customer plan, as described in Subsection 3319.1(c).

If less than ten percent (10%) of total miles traveled attributable to rides taken by those who were participating in, and had been verified by the operator to be eligible for, the operator’s low-income customer plan, as described in Subsection 3319.1(c), the shared fleet device operating company will be eligible for a fee waiver for a percentage of the devices in their fleet according to the below chart:

Percent of Total Miles Traveled by LICP Users

Percent of Devices in Fleet Eligible for Fee Waiver

0 – 0.99%

0%

1 – 1.99%

10%

2 – 2.99%

20%

3 – 3.99%

30%

4 – 4.99%

40%

5 – 5.99%

50%

6 – 6.99%

60%

7 – 7.99%

70%

8 – 8.99%

80%

9 – 9.99%

90%

10% or more

100%

3314.32 A shared fleet device operating company shall move shared fleet devices that:

Are not parked in accordance with § 3314.34, without notice from the District, when deploying, rebalancing or monitoring its shared fleet devices;

Are not parked in accordance with § 3314.34 within two (2) hours of notification, when given notice by any party through its communication platforms or by the District; and

Have moved less than twenty (20) feet over a span of ninety-six (96) hours, within twelve (12) hours of the end of that period, to another block face.

3314.33 A shared fleet device operating company shall carry liability insurance in an amount not less than one million dollars ($1,000,000) per incident.

3314.34 Shared fleet devices shall be parked:

In an upright position, ensuring the device remains upright;

After October 1, 2021, using the lock-to mechanism;

Within the furniture zone of the sidewalk, where one exists, maintaining a pedestrian travel space of at least three (3) feet;

In a manner that does not impede access to:

Entrances to private property or driveways;

Handicap-accessible ramps or parking spots;

Capital Bikeshare stations;

Metrobus, Circulator, and DC Streetcar stops and shelters; or

To maintain vehicular travel area for any vehicle; and

Otherwise in accordance with 18 DCMR § 1209.3.

3314.35 The shared fleet device operating company shall sign a permitted operator agreement before they are issued a shared fleet device permit.

History

• SOURCE: Final Rulemaking published at 65 DCR 13772 (December 21, 2018); as amended by Final Rulemaking published at 67 DCR 12680 (October 30, 2020); as amended by Final Rulemaking published at 69 DCR 012446 (October 14, 2022); as amended by Errata Notice published at 69 DCR 014961 (December 9, 2022); as amended by Final Rulemaking published at 72 DCR 007820 (July 11, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3314

24 DCMR § 3315 SAFE ACCOMMODATION FOR PEDESTRIANS AND BICYCLISTS

3315.1 A public right-of-way occupancy permit that authorizes blockage of a sidewalk, bicycle lane, or other public bicycle path shall require the permittee to provide a safe accommodation for pedestrians and bicyclists.

3315.2 The blockage of a sidewalk, bicycle lane, or other public bicycle path shall be treated in the same manner as the closure of a lane of motor vehicle traffic by applying similar temporary traffic control practices as would be applied to the closure of a lane of motor vehicle traffic for each permit issued. The design and placement of the temporary traffic control signs, devices and roadway markings shall be in compliance with the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD).

3315.3 The term “safe accommodation” means a safe and convenient route for pedestrians and bicyclists that ensures an accommodation through or around a work zone that is equal to the accommodation that was provided to pedestrians and bicyclists before the blockage of the sidewalk, bicycle lane, or other public bicycle path.

3315.4 (a) The safe accommodation for pedestrians shall meet or exceed the current DDOT standards, “Pedestrian Safety and Work Zone Standards – Covered and Open Walkways” including the following:

(1) Routing priority; provided that closing a sidewalk and routing pedestrians to the sidewalk on the opposite side of the street shall only be approved as a last resort for the duration of time needed to assure pedestrian safety in the absence of other practicable routing options;

(2) Compliance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (Pub. L. 101-336, 42 U.S.C. §§ 12101 et seq.);

(3) Protecting pedestrians from adjacent construction activities;

(4) Covering the pedestrian walkway when overhead danger is present;

(5) Physically separating pedestrians from vehicular traffic;

(6) Covered walkway structural specifications; and

(7) Modification requests.

(b) The permittee shall maintain the pedestrian route free of obstructions and surface hazards, such as construction equipment, construction materials, debris, mud and loose gravel at all times.

(c) The routing for a safe accommodation for bicyclists shall replicate the safety level of the existing bicycle route, such as by providing:

(1) A route that is physically separated from motor vehicle traffic if a protected bicycle lane is blocked or providing a route that is for the exclusive use by bicyclists if a bicycle lane is blocked whenever feasible;

(2) A route which is free of obstructions and surface hazards, such as construction equipment, construction materials, debris, holes, mud, loose gravel, milled surfaces and uneven pavement; and

(3) A route that does not share a covered or open walkway with pedestrians.

(d) The method for providing the safe accommodation for bicyclists shall be prioritized as follows:

(1) Closing a parking lane and keeping the adjacent bicycle lane open;

(2) Shifting the bicycle lane to a location on the same roadway to by-pass the work zone, and if necessary, shifting and narrowing the adjacent motor vehicle traffic lanes; provided the adjacent motor vehicle travel lanes shall be maintained at no less than ten feet (10 ft.) wide;

(3) Closing the adjacent motor vehicle travel lane to provide space for a bicycle lane; provided that a minimum of one (1) motor vehicle travel lane shall remain in the same direction of travel;

(4) Merging the bicycle lane and the adjacent motor vehicle travel lane into a shared travel lane adjacent to the work zone, installing sharrow lane markings in the shared travel lane and installing work zone signage directing bicyclists to merge into the shared travel lane; provided the shared travel lane shall be maintained at no less than thirteen feet (13 ft.) wide; and

(5) As a last resort, detouring bicyclists onto an adjacent roadway, in which case the detour route shall replicate, as closely as practicable, the level of safety found on the bicycle route being blocked.

(e) Steel protective plates shall be properly placed and maintained to ensure pedestrian and bicyclist safety.

3315.5 Each applicant submitting a permit application to the Director which will result in the blockage of a sidewalk, bicycle lane, or other public bicycle path, shall submit for approval by the Director a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit by the Director.

3315.6 The traffic management plan submitted to the Director pursuant to Subsection 3315.5 shall require MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route as follows:

(a) Signage intended only for pedestrians shall display the word “pedestrians” or the pedestrian symbol and shall adequately warn of any route change and clearly mark the alternate route;

(b) Signage intended only for bicyclists shall display the word “bicycles,” the word “bicyclists,” or the bicycle symbol and clearly mark the alternate route;

(c) Signage shall adequately warn bicyclists and motorists alike of any lane shift or shared lane condition; and

(d) Any additional signage or roadway markings, such as signage or roadway markings for a lane shift, a sharrow lane, or a detour route, shall be provided and maintained for the length of the altered route.

3315.7 If a safe accommodation for pedestrians or bicyclists must be closed intermittently during off-peak hours due to conflicts with construction activities or construction vehicles, the traffic management plan submitted to the Director pursuant to Subsection 3315.5 shall require that:

(a) Flaggers be posted at each end of the closed pedestrian or bicycle route for the entire duration of time the intermittent closure is in place; and

(b) The safe and reasonable flow of pedestrian and bicycle traffic be maintained in preference to construction activities and the flow of construction vehicles.

3315.8 The Director may issue a fine or revoke a public right-of-way occupancy permit authorizing the blockage of a sidewalk, bicycle lane, or other pedestrian or bicycle path for any of the following reasons:

(a) The permittee fails to comply with a provision of Subsections 3315.1 through 3315.7 above;

(b) The permittee does not comply with the traffic management plan approved by the Director;

(c) To protect the public safety and welfare; or

(d) Any other reason authorized by law.

History

• SOURCE: Final Rulemaking published at 61 DCR 10577 (October 10, 2014); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3315

24 DCMR § 3316 MOTOR-DRIVEN CYCLE SHARING

3316.1 No person shall use the public right-of-way to offer a shared motor-driven cycle for rental in the public right-of-way without a permit issued by the Director.

3316.2 The Director shall issue a Right-of-Way Occupancy Permit only to a shared motor-driven cycle company with a basic business license to operate in the District.

History

• SOURCE: Final Rulemaking published at 67 DCR 11240 (September 25, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3316

24 DCMR § 3317 SHARED FLEET DEVICE PERMIT APPLICATION

3317.1 The Director shall publicly post the shared fleet device permit application on the Department’s website for a period of not less than ten (10) business days and include the date of application closure.

3317.2 The Director shall review a shared fleet device permit application using the following criteria, including answers to the relevant questions associated with the criteria below:

Criteria:

Relevant Questions Include:

(a) Equity and Affordability

How can the device be located and unlocked without a smartphone or computer?

What are the parameters of the Low-Income Customer Plan (LICP)?

What are the cash payment options and how will they be publicized?

(b) Safety

How are geofences created?

How are geofences displayed in the app?

What is the shared fleet device operating company’s plan for extreme weather and special events?

Where are batteries and devices stored and charged?

What procedures exist around how batteries and devices are stored, charged, and installed in vehicles?

What precautions are in place to prevent battery tampering?

What is the battery disposal plan?

What contracts are in place for safe disposal of batteries?

How will the company ensure that devices are safe for use and well-maintained?

(c) Accountability and Data

How does the shared fleet device operating company plan to prevent Ward overconcentration?

How does the company observe parked devices?

Will the company move a vehicle within two (2) hours of notification?

How will the company’s data be collected and transmitted to the Department?

(d) Labor

What training do mechanics employed or contracted by the shared fleet device operating company receive?

How does the company perform maintenance on its devices? How does the company track maintenance performed on its devices?

What is the company's plan to maintain staffed operations within the District, and how would this plan change if fleet increases are granted?

What will the ratio of staff to vehicles be?

How will staff be utilized during large events?

What portion of the company’s staff will be contract versus employee, in aggregate and broken down by team or division?

What trainings do the company’s staff or contractors receive?

How are the staff or contractors educated about the rules and regulations in the District?

(e) Sustainability

How will the shared fleet device operating company ensure a reasonable useful life of its devices?

(f) Innovation

How will the shared fleet device operating company address vehicles moving at a speed of 6mph or faster on sidewalks?

How will the company prevent under-age riding and double-riding?

How will the company address sidewalk riding in the Central Business District?

How will the company address restricted riding and parking on private property?

Does the device have sidewalk-riding detection?

What innovations in parking management could the operator offer to reduce concentrations of devices in the public space?

(g) Past Performance

Describe your past performance and continued operations in other markets including the type of authorization for operation (permit, RFP, contract, etc.), number of devices, square mileage of the service area, the utilization per vehicle per day, and any commendations or disciplinary actions.

Has the shared fleet device operating company, or any of its corporate partners, subsidiaries or entity it may do business as, had its permit revoked or has it operated without appropriate permitting/authorization, either in the District or in another jurisdiction?

Has the company, or any of its corporate partners, subsidiaries or entity it may do business as, ever had its permit to operate suspended, either in the District or in another jurisdiction?

(h) Device and Equipment

Does the device meet the standards outlined in the definition of the device?

Does the device have a basket?

What is the wheel size?

Does the device have adequate suspension and provide comfort while riding?

What measures are in place to prevent brake tampering?

What is the braking distance?

(i) Operations

What are the hours of availability?

What is the shared fleet device operating company’s deployment plan?

How will the company respond to complaints from the public?

How will the company respond to notifications from the District?

How does the company track fatalities on one of its devices in any market?

(j) Education and Engagement

How will the company communicate the rules of the road to users?

How will the company educate users about proper riding and parking of devices?

How will the company measure educational outcomes?

How and when will the company communicate with non-users about the service?

How will the company recruit for Low-Income Customer Plan (LICP) enrollment?

How and when will the company provide free rider education classes?

3317.3 A shared fleet device operating company applicant shall provide a complete application. Applications that are not responsive to the criteria outlined in § 3317.2 will be deemed incomplete and not scored.

3317.4 A points-based scoring system reflecting the criteria outlined in § 3317.2 will be included in an administrative issuance released in advance of the permit application being published.

3317.5 The applications shall be scored by an Evaluation Committee of at least two (2) representatives of the Department.

3317.6 The Evaluation Committee shall score all responses to the application questions.

3317.7 The Director shall issue a notice of how an application has been scored in response to the shared fleet device operating company applicant.

3317.8 A shared fleet device operating company applicant that believes the Evaluation Committee incorrectly scored a permit application and was thus denied a shared fleet device permit may request an appeal by submitting a request in writing to the Director within fifteen (15) calendar days of receipt of the notice of review. The Director shall render a final decision within forty-five (45) calendar days of a written appeal.

3317.9 A request for an appeal must describe the basis for the appeal and the specific rationale by which the applicant believes the decision should be reconsidered. A valid appeal shall be made on the basis that the Director improperly or mistakenly applied the scored criteria to the appellant’s original application, made a mistake in analyzing or calculating an applicant’s final score (or a component thereof), or improperly deemed an application as incomplete. An appeal request must not include additional information that should have been included in the original application, including supplemental responses to any of the application questions. The Director shall not consider new information of this type when reviewing an appeal request.

3317.10 The burden of proof shall be on the applicant to demonstrate the Director erred in scoring the shared fleet device operating company’s application.

3317.11 The appealed application shall be reviewed by a Hearing Officer appointed by the Director.

3317.12 The Hearing Officer shall issue a final report to the Director and shall outline the nature of the appeal from the shared fleet device operating company, the review of the record, and render a recommendation. The recommendation can be to:

Dismiss the appeal in its entirety;

Recalculate appealed scores the Hearing Officer believes were scored in error; or

For companies that are appealing the Director’s application disqualification the Hearing Officer may remand the application to the review panel for scoring.

3317.13 The Director’s final decision shall be binding and not subject to any further appeal within the Department.

History

• SOURCE: Final Rulemaking published at 69 DCR 012446 (October 14, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3317

24 DCMR § 3318 SHARED FLEET DEVICE PERMIT REVOCATION, SUSPENSION AND PENALTIES

3318.1 A Permit for shared fleet devices shall be subject to suspension or revocation for failure of the responsible shared fleet device permitted operator to comply with the Act or this chapter, or other applicable federal and District laws and regulations.

3318.2 If the Director has determined that a shared fleet device permitted operator’s service poses a hazard to public safety, the Director shall immediately suspend the operator’s shared fleet device permit. During the suspension, the shared fleet device operator shall cease rental of its vehicles. While the permit is suspended, the shared fleet device permitted operator shall have three (3) business days to address the hazard and offer a written explanation.

If the operator timely submits a written explanation, the Director shall consider the explanation and decide, in their discretion, whether to grant a hearing or issue a written decision. The procedures for any hearing shall be specified in an administrative issuance.

If no timely written explanation is submitted, the suspension shall continue for an additional five (5) business days, at which time a notice of revocation will be provided to the shared fleet device permitted operator.

3318.3 If the Director has determined that a shared fleet device permitted operator’s service does not pose a hazard to public safety but is otherwise eligible for suspension or revocation pursuant to 3318.1, the Director shall provide the operator with a notice of intent to suspend or revoke a shared fleet device permit. The shared fleet device permitted operator shall have three (3) business days to offer a written explanation, which may include a notice that the deficiency has been cured.

If the operator timely submits a written explanation, the Director shall consider the explanation and decide, in their discretion, whether to grant a hearing or issue a written decision. The procedures for any hearing shall be specified in an administrative issuance.

If no written explanation is submitted within three (3) business days after the operator is provided with the notice of intent, the Director shall suspend or revoke the operator’s permit.

3318.4 The notice of suspension or revocation shall be in writing, in a form prescribed by the Director, containing a description of the right to appeal the order, and shall be given to the shared fleet device permitted operator in writing and sent by electronic transmission. The order shall state the specific section(s) or condition(s) violated.

3318.5 If the Director suspends a shared fleet device operating company’s permit, the shared fleet device operating company shall cease operations and remove its devices from public space within twenty-four (24) hours or as requested in the suspension. The cost of removal shall be at the shared fleet device operating company’s sole expense.

3318.6 If the Director revokes a shared fleet device operating company’s permit, the shared fleet device operating company shall remove its devices from public space within seventy-two (72) hours. The Director may impound devices that are not removed from public space within the required timeframe. The cost of removal shall be at the shared fleet device operating company’s sole expense.

3318.7 Any shared fleet device operating company offering shared fleet devices for rental in the public right-of way without a shared fleet device permit shall not be eligible for a shared fleet device permit for a period of two (2) years following deployment of any unpermitted shared fleet devices in the public right-of way.

3318.8 Pursuant to D.C. Official Code § 50–2201.03c(b)(5), the Director shall issue a fine to a permitted operator of one hundred dollars ($100) per device that the permitted operator represented as an electronic mobility device and deployed and that, when inspected by the Department, weighs greater than seventy-five (75) pounds or is longer than fifty-five (55) inches.

History

• SOURCE: Final Rulemaking published at 69 DCR 012446 (October 14, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3318

24 DCMR § 3319 SHARED FLEET DEVICE FLEET INCREASES

3319.1 The Director may, upon application of a shared fleet device operating company, grant an increase to the permit’s initial maximum fleet size of shared fleet electric scooters if the company demonstrates that:

It made, on average, at least ninety percent (90%) of its permitted fleet available for use in the public right-of-way during each of the seven (7) days prior to the submission of the application;

It served, on average, at least two (2) trips per device per day at least two (2) minutes in duration during each of the seven (7) days prior to the submission of the application;

It offers a low-income customer plan only to customers with an income level at or below two hundred percent (200%) of the federal poverty guidelines that:

Does not impose a device deposit requirement;

Offers an affordable cash payment option; and

Offers unlimited trips under thirty (30) minutes;

At least five (5) of its customers participated in the low-income customer plan described in Subsection 3319.1(c) during the seven (7) days prior to the submission of the application;

At least two percent (2%) of trips during the seven (7) days prior to the submission of the application were taken by customers participating in the low-income customer plan described in Subsection 3319.1(c); and

It has a valid shared fleet device permit issued pursuant to this section that:

Was issued at least seven (7) days prior to the submission of the application;

Has not expired, and will not expire within seven (7) days of the Director’s grant of an increase in the maximum fleet size; and

Is not currently suspended or revoked by the Director.

3319.2 A shared fleet device operating company that meets the eligibility criteria in Subsection 3319.1 may submit an application to the Director requesting an increase to the shared fleet device permit’s maximum fleet size. The application shall be in writing and shall:

Include information sufficient to establish that the shared fleet device operating company meets the eligibility criteria in Subsection 3319.1;

Include information that establishes the shared fleet device operating company’s performance with respect to the criteria in Subsection 3319.3;

Specify the number of shared fleet devices that the shared fleet device operating company is requesting permission to make available in the public right-of-way, and by what date such permission is requested to be granted;

Be submitted no later than 12:00 noon on the Tuesday following the previous week beginning Monday and ending Sunday to determine eligibility for the fleet increase; and

Upon request by the Director, the shared fleet device operating company may submit additional or corrected information by 12:00 noon on the Friday after submission of the application pursuant to 3319.2(d).

3319.3 When determining whether to grant an increase in a maximum fleet size pursuant to Subsection 3319.1, the Director shall use the following method:

The Director shall grant an increase in maximum fleet size of no more than two hundred (200) shared fleet devices, pursuant to the criteria specified in paragraph (b), for each submission to a shared fleet device operating company meeting the eligibility criteria in Subsection 3319.1 who submits an application that meets the requirements of Subsection 3319.2.

In granting an increase in maximum fleet size pursuant to this section, the Director shall consider:

The number of additional shared fleet devices requested by the applicant;

The impact of deploying additional shared fleet devices on the District’s public right-of-way and any other impacts on public health, safety, and welfare; and

Performance criteria as specified in Subsections 3319.3(c) through 3319.3(f).

A shared fleet device operating company may be granted an increase of up to fifty (50) devices if:

(1) Its petition satisfies Subsection 3319.2;

(2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and

(3) For the seven (7) day period prior to the petition, more than two percent (2%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

A shared fleet device operating company may be granted an increase of up to one hundred (100) devices if:

(1) Its petition satisfies Subsection 3319.2;

(2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and

(3) For the seven (7) day period prior to the petition, more than four percent (4%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

A shared fleet device operating company may be granted an increase of up to one hundred and fifty (150) devices if:

(1) Its petition satisfies Subsection 3319.2;

(2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and

(3) For the seven (7) day period prior to the petition, more than six percent (6%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

A shared fleet device operating company may be granted an increase of up to two hundred (200) devices if:

(1) Its petition satisfies Subsection 3319.2;

(2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and

(3) For the seven (7) day period prior to the petition, at least eight percent (8%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

3319.4 The Director may, upon application of a shared fleet device operating company, grant an increase to the permit’s initial maximum fleet size of shared fleet bicycles if a shared fleet device permitted operator deploying shared fleet bicycles demonstrates that the shared fleet device operating company:

Made, on average, at least seventy-five percent (75%) of its permitted fleet available for use in the public right-of-way per day during the thirty (30) days prior to the submission of the application; and

Served, on average, at least one (1) trip per device per day during each of the thirty (30) days prior to the submission of the application.

3319.5 Subject to § 3319.8, any fleet increases granted through § 3319 shall be granted until the expiration of the shared fleet device permit. When a shared fleet device operating company seeks to renew its permit through the application process, the Director shall determine whether the permitted fleet size shall remain the same or be reduced according to the requirements of § 3319.8.

3319.6 Within four (4) weeks of receiving an application for an increase in maximum fleet size, the Director shall notify the shared fleet device operating company that submitted the application of the Director’s determination via email and shall notify the public via information posted on the Department’s website.

3319.7 A permitted increase in maximum fleet size shall take effect immediately upon the Director’s notification of the applicant, unless otherwise specified by the Director.

3319.8 The Director may revoke a shared fleet device operating company’s previously granted fleet increase(s) if the shared fleet device permitted operator:

(a) Does not deploy over a seven (7) day period at least:

(1) Fifty-five percent (55%) of the operator’s total permitted fleet between November 1st and April 30th; or

(2) Seventy-five percent (75%) of the operator’s total permitted fleet between May 1st and October 31st; or

(b) Has less than one percent (1%) of trips from low-income plans as described in Subsection 3319.1(c) over a calendar month.

3319.9 The Director may revoke a shared fleet device operating company’s previously granted fleet increase(s) pursuant to the conditions outlined in § 3319.8 by up to two hundred (200) devices per seven (7) day period and eight hundred (800) devices over a calendar month. Fees already paid shall be non-refundable.

History

• SOURCE: Final Rulemaking published at 69 DCR 012446 (October 14, 2022). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3319

24 DCMR § 3399 DEFINITIONS

3399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

Act – Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.01 et seq.).

Administrative issuance – A statement of general applicability developed by the Department and published on its website, and at its discretion in the District of Columbia Register, which lacks the force of law but states the agency’s current approach to, or interpretation of, law or regulation, or describes how and when the agency will exercise discretionary functions. Such issuance may include the permit application.

Bicycle lane – a portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

Bus – a public or private vehicle having a seating capacity of more than fifteen (15) passengers, exclusive of the driver.

Bus operator – a person that operates a bus service, whether directly or through contractors.

Commuter bus service- a bus that is used to transport passengers to and from worksites; provided, that this definition shall not include any vehicle owned or operated by the Washington Metropolitan Area Transit Authority.

Component device - communications equipment which alone, or as part of a communications network, is used to record, receive, store, or transmit information or data.

Deep Link – A type of link available in a publicly available Application Program Interface (API) feed that formulates a request to a mobile application for renting shared fleet devices that communicates data about the user that the mobile application uses to display and allow the user to rent the device the user is requesting. If the user has not yet downloaded the mobile application, the link will transfer the user to the application store where the user may download the mobile application.

Department - District Department of Transportation

Deployment – The movement of a shared fleet device by a shared fleet device operating company to a location in the public right-of-way.

Director - Director of the District Department of Transportation.

Docking station – a fixed structure that includes an electromechanical device or other device that locks a bicycle to the structure.

Electric mobility device – A device weighing less than seventy-five (75) pounds that has an electric motor, is solely powered by the electric motor or human power, is designed to transport only one (1) person in a standing or seated position, where the rider is not enclosed, and is no greater than twenty-four (24) inches wide and fifty-five (55) inches long, but does not include a motorized bicycle, personal mobility device, motorcycle, or moped.

Electric vehicle - a vehicle that is propelled by an electric motor and is capable of being recharged from an external source of electricity.

Electric vehicle charging station - a publicly accessible facility or equipment that is located in the public right-of-way, including any public space in the District, and is used to charge the battery or other energy storage device of an electric vehicle.

Geofence – A virtual geographic boundary that enables software to trigger a response in the shared fleet device whenever a mobile device enters or leaves a defined area or border where the use of shared fleet devices is subject to limitations imposed by law or regulation or that the Department deems appropriate to preserve the safe use of public space. The triggered response may cause the devices to slow, prevent the rider from ending a trip within the defined area or border, or otherwise limit the user’s ability to use the device within the defined area or border.

Lock-to mechanism – A mechanism on shared fleet devices that locks the device to an object or infrastructure

Maintenance Management System – The District’s Maintenance Management System (MMS) used to formally receive, record, and resolve complaints of public space concerns. The MMS may provide tickets that allow the Department to track parking and moving violations of the shared fleet device permitted operator’s devices.

Mobile application (App) – A type of application software, designed to run on a mobile device such as a smartphone or tablet computer, that provides limited and isolated functionality.

Mobile storage container - a moveable container that is temporarily placed on the public right-of-way and is used for short-term storage of items, including but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials, and merchandise.

MUTCD – the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6, as approved by the Federal Highway Administration.

Occupy - to use public right-of-way, public rights of way, or public structures by installing, constructing, reconstructing, excavating, repairing, maintaining, or operating any structure, equipment, vehicle, facility, or other object (including but not limited to pipes, stand-alone conduits, tunnels, posts, or wires), in, over, under, along, through, on, across, or above the public rights-of-way under the jurisdiction of the District of Columbia government for any purpose.

Pedestrian – a person travelling on foot or using a wheelchair or motorized wheelchair.

Person - an individual, utility, firm, partnership, association, corporation, company, entity, or organization of any kind.

Personalized paver - an engraved sidewalk treatment that is inscribed with the name or likeness of an individual or entity.

Priority Census Block Group – The one-third (1/3) of Census Block Groups in the District with the highest transportation need, identified in the moveDC Transportation Needs map of the District’s Move DC Plan, published and updated periodically at https://movedc.dc.gov/pages/mapping-transportation-needs.

Protected bicycle lane – a bicycle lane which is physically separated from motor vehicle lanes or is buffered from a motor vehicle lane by a combination of roadway markings and delineator posts.

Public bicycle path – a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians. (D.C. Official Code § 50-1609(6) (2012 Repl.)).

Public right-of-way – the surface, the airspace above the surface (including air space immediately adjacent to a private structure located in a public right-of-way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk or boulevard.

Public Transit Agency - a municipal corporation or government agency (and its agents) that operates a bus, train, van, streetcar, trolley, subway, or rail vehicle for use by the general public.

Publicly accessible shared fleet device system – a system made up of shared fleet device operating companies that provides for the rental of shared fleet devices from the public right-of-way for short-term one-way trips without requiring the installation of any infrastructure within the public right-of-way.

Rebalancing – Movement of a shared fleet device, by a shared fleet device operating company, from one place in the public right-of-way to another.

Shared fleet bicycle – A bicycle or motorized bicycle that is a shared fleet device.

Shared fleet electric scooter – A motorized standing scooter with no seat that is an electric mobility device and shared fleet device.

Shared fleet device – An electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.

Shared fleet device fleet – All shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator

Shared fleet device operating company – A company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way, not including the Department or its contractors operating Capital Bikeshare.

Shared fleet device permit – A public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.

Shared fleet device permitted operator – A shared fleet device operating company that has a shared fleet device permit

Shared fleet device staging – The deployment or rebalancing of shared fleet devices by a shared fleet device operating company to place them in the public right-of-way, such that the devices are either attached to fixed objects or freestanding.

Shared motor-driven cycle company – a company that provides for the rental of shared motor-driven cycles from the public right-of-way for short-term one-way trips.

Shared motor-driven cycle - a motor-driven cycle that is available to rent in the public right-of-way for short-term one-way trips through a rental system that is available to the public.

Sharrow lane markings – lane markings which indicate to motorists and bicyclists that the lane is intended to be shared by both motor vehicles and bicycles.

Shuttle bus service– a van or bus that is used to transport passengers between worksites.

Sidewalk – the paved portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

Sightseeing bus service- a bus used for sightseeing and touring purposes, traveling a regular route at scheduled times and with specific stop(s), which is available to the general public for boarding or discharging at any stop, and used to transport passengers principally between multiple destinations of historic, cultural, architectural, or societal interest within the District of Columbia.

Stand-alone conduit - conduit that is not housed inside other conduit.

Tour bus service - a bus used for sightseeing and touring purposes, and used to transport passengers principally from one (1) destination to another and back to the original destination.

Van - a public or private vehicle having a seating capacity of between eight (8) and fifteen (15) passengers, exclusive of the driver.

History

• SOURCE: Final Regulations published at 43 DCR 6581, 6585 (December 13, 1996); as amended by Final Regulations published at 45 DCR 1644 (March 20, 1998), incorporating the text of Proposed Regulations published at 44 DCR 7186 (November 21, 1997); as amended by Final Rulemaking published at 47 DCR 2353, 2358 (March 31, 2000); as amended by Final Rulemaking published at 49 DCR 8562, 8565 (September 13, 2002); as amended by Final Rulemaking published at 53 DCR 7857, 7859 (September 29, 2006); as amended by Final Rulemaking published at 55 DCR 12279, 12283 (December 5, 2008); as amended by Final Rulemaking published at 60 DCR 11236 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014); as amended by Final Rulemaking published at 61 DCR 10577 (October 10, 2014); as amended by Final Rulemaking published at 65 DCR 13772 (December 21, 2018); as amended by Final Rulemaking published at 67 DCR 11240 (September 25, 2020); as amended by Final Rulemaking published at 69 DCR 003138 (April 8, 2022); as amended by Final Rulemaking published at 69 DCR 012446 (October 14, 2022); as amended by Final Rulemaking published at 72 DCR 014056 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3399

24-34 PUBLIC SPACE MANAGEMENT OF EXCAVATION WORK

24 DCMR § 3401 SCHEDULING AND COORDINATION OF EXCAVATION

3401.1 On the first day of June and December of each year, or the first regular business day immediately thereafter, any Person owning underground stand-alone conduit in the Public Right-of-Way shall submit to the Department a plan, in a format specified by the Department, that shows all major Excavation work anticipated to be done in the Public Right-of-Way in the two-year period immediately following the filing date of the plan ("two-year plan"). If no Excavation work is planned during any or all of the two-year period, the Owner shall certify to that fact.

3401.2 Beginning June 1, 2000, no Public Space Permit authorizing non-emergency major Excavation work of the Public Right-of-Way for the purpose of installing Public Space or Public Right-of-Way Facilities shall be issued unless that Major Work is described or depicted on the current two-year plan filed by the Owner of the conduit to be installed, except that an application to Excavate made by or on behalf of a Person with no installed conduit may be granted if accompanied by an initial two-year plan.

3401.3 Any application for a Permit to Excavate Public Space for the installation of Public Space or Public Right-of-Way Facilities in the Public Right-of-Way shall be rejected if dated six months or more after the filing date of the Owner's last filed two-year plan.

3401.4 The Department may disclose information contained in a two-year plan to any applicant for a Public Space Permit only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary Excavation in the street.

3401.5 To the maximum extent permissible under federal and District laws applicable to public records, the Department shall not otherwise disclose to the public any information contained in a two-year plan that is marked as proprietary, trade secret or is otherwise protected from disclosure. However, the Department shall have no duty to decline to disclose any information that is not identified on its face as proprietary, trade secret or otherwise protected from disclosure.

3401.6 In the event that the Department receives a request to disclose information identified as proprietary, trade secret or otherwise protected from disclosure, the Department shall request the submitter's consent to disclose the information. If consent is denied, the Department shall inform the plan's submitter either that the Department will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the Department intends to disclose the requested information unless ordered otherwise by a court.

3401.7 Department repaying plans. The Department shall prepare, and make available for public inspection, a two-year repaving plan showing all proposed resurfacing and reconstruction of the Public Right-of-Way. The Department's repaving plan shall be revised and updated on a semiannual basis.

3401.8 At least one-hundred and twenty (120) calendar days prior to undertaking the reconstruction or resurfacing of any block, the Department shall submit a notice of the proposed reconstruction and resurfacing to each Person that has a current two-year plan on file with the Department. In addition, the Department's notice shall be posted in its Permitting office.

3401.9 Coordination. (a) As part of its semiannual update, the Department shall review all two-year plans on file and identify conflicts and opportunities for coordination of Excavations. The Department shall notify utilities with two-year plans on file of such conflicts and opportunities to the extent necessary to maximize coordination of Excavation. All applicants shall coordinate, to the maximum extent practicable, with other potentially affected applicants and Permittees to minimize disruption in the Public Right-of-Way. Where two or more parties have been permitted to excavate in the same area, the permit may include a joint restoration requirement. This may include the requirement to use the same contractor for restoration purposes.

3401.10 Joint Excavation. Except as provided in Subsection 3401.12, whenever submitted two-year plans for two or more Permittees propose Major Work in the same block within a two-year period, such Major Work shall, to the maximum extent possible, be performed by one entity ["lead party"], subject to the following:

(a) The lead party shall submit one application for all Permittees concerned;

(b) In recovering its costs from a joint excavation, the lead party filing the joint excavation application may not charge each co-applicant more than its proportionate share of the cost of the joint excavation and/or restoration.

(c) If the participating parties are unable to determine a lead party, the Director may make such determination. In determining the lead party in a joint application, the Director shall taken into consideration the volume and duration of work, the exigency of need, and the ability to manage.

(d) Any persons granted a permit subject to the conditions of this section may request that the Director, or his or her designee, mediate a dispute arising from a joint excavation. The Director may, at his or discretion, attempt to resolve the dispute arising from the joint excavation.

3401.11 Moratorium Streets. Except as provided in Subsection 3401.12, no Permit shall be issued permitting the non-emergency Excavation of any Public Right-of-Way reconstructed or resurfaced less than five (5) years prior to the date of the application.

3401.12 The Director is authorized in his or her discretion to waive the joint Excavation requirements of Subsection 3401.10 or the Permit issuance requirements specified in Subsection 3401.11 with respect to a particular Excavation for good cause shown. Requests for a waiver shall made be in writing. The Director shall determine in writing whether to grant or deny the request no later than thirty (30) calendar days after receipt of a written request. The Director's failure to grant the waiver within the time prescribed shall not be deemed a grant of the waiver.

3401.13 Waiver of permit issuance requirements. To request a waiver of the Permit issuance requirements, the applicant's request shall include the following information:

(a) The location of the Excavation;

(b) A description of the work to be performed;

(c) Why the work was not performed before the street was resurfaced or reconstructed;

(d) Why the work cannot be deferred until after the expiration of the applicable time limitation; and

(e) Why the work cannot be performed at another location.

3401.14 Waiver of joint Excavation requirements. The Director shall consider the following factors when determining whether to grant a waiver under Subsection 3401.12:

(a) The impact of the proposed Excavation on the neighborhood;

(b) The applicant's need to provide services to a property or area;

(c) The importance of facilitating the deployment of new technology; and

(d) The public's health, safety, welfare, and convenience.

3401.15 The Director may place additional reasonable conditions on any Permit(s) subject to a waiver. The Director's decision regarding waiver shall be final.

3401.16 The Director may temporarily suspend the issuance of excavation permits for such periods of time as are necessary to prevent unsafe traffic or roadway conditions. In determining whether to temporarily suspend the issuance of excavation permits, the Director may take into account such factors as severe weather projections and the number or the condition of existing excavations.

3401.17 A permit issuance suspension shall not apply to excavations that the Director finds are required to protect public health and safety. The Director may limit the scope of a suspension based upon such factors as the length or location of excavations, and may grant waivers based upon the immediate need of a customer or the public for a particular service.

3401.18 A notice of permit issuance suspension shall be posted in the Office of the Director of the District Division of Transportation or at any other location that will provide notice to applicants.

History

• SOURCE: Final Rulemaking published at 47 DCR 2360 (March 31, 2000); as amended by Emergency and Proposed Rulemaking published at 47 DCR 9918 (December 15, 2000) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 3075 (April 6, 2001); as amended by Final Rulemaking published at 50 DCR 1905 (February 28, 2003); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3401

24 DCMR § 3402 NOTICE OF EXCAVATIONS

3402.1 Any Permittee who excavates or causes to be made an Excavation in the Public Right-of-Way shall provide notice in accordance with this section.

3402.2 Notice for Non-Major Work. For Excavations that will be completed and restored in a period exceeding twenty-four (24) hours but within fourteen (14) calendar days of commencement, the Permittee shall post and maintain a notice at the site of Excavation. The notice shall include the name; telephone number of a Person who will be available during normal business hours to provide information to and receive complaints from any member of the public concerning the Excavation; the address of the Owner and Permittee; a description of the Excavation to be performed; and the duration of the Excavation. The notice shall be posted at each end of the block where Excavation is to take place at least seventy-two (72) hours prior to commencement of the Excavation. The Excavation project signs shall be in a format, and size specified by the Department.

3402.3 Notice for Major Work. Prior to the commencement of all non-emergency Major Work, the Permittee shall:

(a) At least five (5) calendar days in advance, provide written notice delivered to each property Owner, resident, building manager, or tenant association on the block(s) affected by the Major Work and each affected advisory neighborhood commission and business improvement district. The notice shall include the same information that is required for the posted notice pursuant to § 3402.2; and

(b) Post and maintain notice at the site of the Excavation at least five (5) calendar days prior to commencement of the Excavation in the same manner and with the same information as required for posted notice pursuant to § 3402.2.

3402.4 Notice for Emergency Excavation. For emergency Excavation, the Permittee, or the Applicant if a Permit has not been issued, shall post and maintain notice at the site of the Excavation during the construction period. The notice shall include the name, telephone number, and address of the Owner and Permittee, a description of the Excavation to be performed, and the duration of the Excavation. The notice shall be posted at least every 100' along any Block where the Excavation is to take place.

History

• SOURCE: Final Rulemaking published at 47 DCR 2360 (March 31, 2000). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3402

24 DCMR § 3403 PERMITS TO EXCAVATE

3403.1 The Excavation Permit shall specify the location, extent, and method of the Excavation, the start date and duration of the Excavation, the Permittee to whom the Permit is issued, and any conditions placed on the Permit. The Permit term shall be sixty (60) calendar days from the date the work is scheduled to commence as indicated on the Permit, unless the applicant requests a waiver of the 60-calendar day term in writing when the application is submitted. In order to receive a waiver, the applicant shall demonstrate why the work to be authorized cannot be completed within sixty (60) calendar days. In addition, a Permittee may seek a renewal of its Permit for major construction projects.

3403.2 Except as provided in Subsection 3403.3, Excavation Permits shall be void if the Excavation has not begun within thirty (30) calendar days of the commencement date specified in the Permit, if the Excavation is not prosecuted diligently to its conclusion, or if the Excavation, including restoration, has not been completed within the specified duration.

3403.3 The Director, in his or her discretion, may issue extensions to the commencement date, the duration of the Excavation, or both upon written request from the Permittee.

3403.4 Permittee shall notify the Department at least two (2) business days prior to the commencement of work in the Public Space. Permittee shall notify the Department within twenty-four (24) hours after completion of work in the Public Space.

3403.5 Prior to the start of work, all Permittees shall submit a list of all contractors and subcontractors working pursuant to the permit issued.

3403.6 Contractor and subcontractor lists shall be amended throughout the excavation project as necessary. The District shall be given a minimum of twenty-four (24) hours’ notice of any change of contractor or subcontractor.

3403.7 All work in the Public Space and Public Right-of-Way shall be performed in accordance with the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, or its successor, and shall be subject to the regulation, control and direction of the Director.

3403.8 All work done in connection with the laying, construction, operation, maintenance, repair and replacement of Public Space or Public Right-of-Way Facilities, transmission lines, and conduits shall be in compliance with all applicable laws, rules and regulations of the District and the United States.

3403.9 Emergency Excavation. Nothing contained in this chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by a utility when such necessity arises during days or times when the Department is closed. In the event that any Person takes any action to Excavate or cause to be Excavated the Public Right-of-Way pursuant to this chapter, such person shall apply for an emergency Permit within four hours after the Department's offices are first opened. The Applicant for an emergency Permit shall submit a written statement of the basis of the emergency action and describe the Excavation performed and any work remaining to be performed.

3403.10 A fine or permit suspension or revocation may be imposed for failure of the Permittee to comply with this chapter, other applicable federal and District laws and regulations, or the terms and conditions of the Permit.

History

• SOURCE: Final Rulemaking published at 47 DCR 2360 (March 31, 2000); as amended by Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 50 DCR 1905 (February 28, 2003); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3403

24 DCMR § 3404 RESTORATION OF THE PUBLIC SPACE AND PUBLIC RIGHTS-OF-WAY

3404.1 All excavations in the Public Space or Public Rights-of-Way shall be temporarily repaired and permanently restored in the manner and within the time prescribed by this chapter, the Permit conditions, and the Standard Specifications. In the event of any inconsistency the most stringent requirement shall govern.

3404.2 No Public Space or Public Right-of-Way permit shall be issued if the Applicant or Owner of the Public Space or Public Right-of-Way Facilities to be installed is in violation of Subsection 3404.1.

3404.3 All Public Space or Public Right-of-Way shall be permanently restored no later than the expiration of the excavation permit; Provided, however, that if a site is not ready for milling and overlay immediately prior to or during the Winter Months, the new pavement base shall, no later than permit expiration, be covered with an asphalt surface that conforms with the requirements of Section 411 "Temporary Asphalt Concrete" of the Standard Specifications. Permanent restoration of such sites shall be completed no later than the April 15th after the end of the Winter Months in which the asphalt surface was applied over the concrete base.

3404.4 Excavation sites shall be maintained in a safe and rideable condition at all times. Permittees testing installed Public Space or Public Right-of-Way Facilities shall temporarily repair the public space immediately after such installation is completed and maintain such temporary repairs until permanent restoration begins.

3404.5 The Director shall be notified, by facsimile transmission or email, prior to the commencement of permanent restoration work.

3404.6 Where a Permit authorizes more than 1,200 linear feet of Excavation, no more than 1,200 linear feet may be excavated at one time. Permanent restoration shall be performed and accepted by the Director within each area excavated before further Excavations can be made.

3404.7 In any case where the Public Space or Public Rights-of-Way is not excavated, temporarily repaired, or permanently restored in the time and manner specified in the Permit, this chapter, or the Standard Specifications, the Director may order, the Owner or Permittee, as applicable, to commence corrective measures to effect the temporary repair or permanent restoration, as directed, within four (4) hours from the time stated on the order and complete such measures within six (6) hours, or as otherwise established by the Director. The order shall be in writing and sent by facsimile transmission to the Owner or Permittee, as applicable. All work ordered shall commence, beyond mobilization, and be completed within, the required time period unless the work cannot be performed because of unforeseen circumstances or days when work is prohibited as seasonable, as determined by the Director.

3404.8 By applying for a Permit to Excavate the Public Space or Public Right-of-Way, the Permittee and Owner guarantee that all the permanent restoration work it and any of its agents perform, shall be maintained for two (2) years following its completion and acceptance by the Department. During this 2-year period the Permittee shall, upon, notification from the Director, correct all permanent restoration work to the extent required by the Director. The corrective work shall be completed within three (3) days of the receipt of the notice from the Director, not including days during which work cannot be performed because of unforeseen circumstances or days when work is prohibited as unseasonable, as determined by the Director.

3404.9 If the Owner or Permittee should fail, neglect, or refuse to comply with an order issued pursuant to Subsections 3404.7 or 3404.8, the Director, or his or her agents, may correct, temporarily repair, or permanently restore the Public Space or Public Right-of-Way in such manner as the Director deems appropriate. The Owner or Permittee shall compensate the Director for any direct or indirect costs incurred by the Department in undertaking the work authorized by this section. The Owner or Permittee shall also pay a penalty equal to three (3) times such costs. All penalties and costs may be deducted from the Permittee's deposit pursuant to Subsection 3405.3. The Owner or Permittee may be subject to additional enforcement action authorized by law.

3404.10 The Department's performance of any permanent restoration or repairs authorized by this section shall not relieve the Owner or Permittee from liability for future pavement failures at the Excavation site during the warranty period.

3404.11 If any pavement markings are affected by excavations in the Public Space or Public Rights-of-Way, the Contractor shall replace the pavement markings with temporary pavement markings within twenty-four (24) hours after the excavation is temporarily repaired.

3404.12 Immediately upon the completion of a permanent restoration, the Contractor shall replace the temporary pavement markings with permanent markings.

History

• SOURCE: Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 50 DCR 1905 (February 28, 2003); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3404

24 DCMR § 3405 MISCELLANEOUS PROVISIONS

3405.1 Deposit. Each Applicant shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Director securing the faithful performance of the obligations of the Owner and Applicant under any Permit(s) to Excavate and the compliance with all terms and conditions of this chapter. If the Applicant chooses to maintain a bond with the Department, the bond shall be continuously valid for two years at any point in time during the length of the permit.

3405.2 The Deposit shall be in the amounts as follows:

(a) Where the Applicant/Permittee will be excavating from one (1’) up to six hundred (600’) linear feet of the public space during any twelve (12) month period, the deposit shall be in the sum of fifty thousand dollars ($50,000), payable to the D.C. Treasurer. If, at any point during the twelve (12) month period the Applicant/Permittee proposes to excavate more than six hundred (600’) linear feet of public space, the Applicant/Permittee shall be required to increase the amount of the deposit to the appropriate amount as indicated in this subsection.

(b) Where the Applicant/Permittee proposes to excavate from six hundred and one (601') up to twelve hundred (1200') linear feet of the public space during any twelve (12) month period, the deposit shall be in the sum of one hundred thousand dollars ($100,000), payable to the D.C. Treasurer. If, at any point during the twelve (12) month period the Applicant/Permittee proposes to excavate more than twelve hundred (1200') linear feet of public space, the Applicant/Permittee shall be required to increase the amount of the deposit to a total of two hundred thousand dollars, ($200,000) as indicated in subsection (c) below.

(c) Where the Applicant/Permittee proposes to excavate twelve hundred and one feet (1201') or more of the public space during any twelve (12) month period, the deposit shall be in the sum of two hundred thousand dollars ($200,000), payable to the D.C. Treasurer.

Where the Permittee has an existing bond with the Department at the time this section becomes effective, the requirements of this subsection will not be enforced until the time the existing bond expires. Upon the expiration of the existing bond, all requirements of this subsection shall become effective.

3405.3 Deductions from Deposit. The Director may make deductions from the balance of Permittee's Deposit(s) to recover all costs and penalties due pursuant to Subsection 3404.9. The Director shall provide written notice to the Permittee prior to making a deduction stating the reasons for and the amount of the deduction and advising the Permittee that any objection must be submitted, in writing, no later than seven (7) days after the date of the written notice. Any decision adverse to a Permittee shall be in writing and shall set forth the reasons for denying the objection, and shall be sent to the Permittee three (3) days before a deduction is made.

Upon deduction from such a Deposit, the Permittee shall immediately cease all excavation work in the Public Space and the public Rights-of-Way. The Permittee shall not resume excavation activities, or be eligible for future excavation permits, until it restores the full amount of the Deposit. At the discretion of the Director, in the case of an emergency, the Permittee may be allowed to continue excavation activities before the bond has been restored in full.

3405.4 Retention of Deposit for Two (2) Years. The District shall retain each Deposit made pursuant to subsection 3405.1 for a period of two (2) years after the satisfactory permanent restoration of the excavated area to secure the obligations in the Permit and this chapter.

3405.5 Return of Deposit. Upon expiration of two (2) years after the satisfactory permanent restoration of the area excavated, a Permittee’s Deposit(s), less the deductions made pursuant to Subsection 3405.3, may be claimed by the Permittee or its assigns. If a Permittee elected to furnish a single Deposit to cover multiple excavations, the two (2) year period shall not commence until all excavations covered by the deposit have been satisfactorily permanently restored. Upon receiving a valid claim, the Deposit shall be returned, less the deductions made pursuant to Subsection 3405.3,

3405.6 Abandonment of Underground Public Space or Public Right-of-Way Facilities. Whenever any underground Public Space or Public Right-of-Way Facility is abandoned, the Person owning, using, controlling or having an interest therein, shall, within thirty (30) calendar days after such abandonment, file with the Director a statement in writing, giving in detail the location of the Public Space or Public Right-of-Way Facility so abandoned. Each map, set of maps, or plans filed pursuant to the provisions of this chapter shall show in detail the location of each such Public Space or Public Right-of-Way Facility abandoned subsequent to the filing of the last preceding map, set of maps, or plans. The Public Space or Public Right-of-Way Facilities abandoned shall be safeguarded to protect collapse and bulk headed in accordance with the Section 207.03(A) “Abandoned Utilities” of the Standard Specifications.

3405.7 Stop Work Order, Permit Modification, and Permit Revocation. Upon notice from the Director that work on any excavation is being performed contrary to the provisions of the chapter, the Permit conditions, or the Standard Specifications or in an unsafe and dangerous manner, the excavation site shall be posted with a stop work order and such work shall be immediately stopped until the situation is corrected. The Director may also impose new conditions upon a Permit, or suspend or revoke a Permit. The stop work order and other orders described herein shall be in writing, in a form prescribed by the Director containing description of the right to appeal the order, and shall be given to the owner or the Permittee, or to the owner's agent or to the person doing the work in a written, electronic, or facsimile communication. The order shall state the location of the excavation and the specific section(s) or condition(s) violated. If no responsible person is present to receive the order, the excavation site may be posted, and the stop work order shall be sent to the owner by first class mail within three (3) working days. No stop work order may be issued nor considered valid unless it contains all the above information, the name and the telephone number of the official empowered to review the order, and is signed by the issuing official. Unauthorized removal of a posted stop work order is a violation of this chapter. The Director may affirm, modify, or reverse the previous action or decision. The decision of the Director shall be the final decision of the Department.

3405.8 Liability upon Owner and Permittee. Each Owner and Permittee is wholly responsible for the quality of the Excavation, temporary repair, and permanent restoration performed in the Public Space or Public Rights-of-Way and both the Owner and Permittee are jointly and severally liable for all consequences of any condition of such Excavation, repair, or permanent restoration and the Public Space or Public Rights-of-Way Facilities. Each Permittee shall indemnify and save and hold harmless the District of Columbia in accordance with Article 15 of the General Provisions of the Standard Specifications. The issuance of any Permit, the making of any inspection, repair, permanent restoration, or suggestion, or the indication of any approval or acquiescence by the Department or its agents shall not excuse any Owner or Permittee from such responsibility or liability.

3405.9 Unclaimed Deposits. If a Permittee or its assigns does not claim a Deposit under Subsection 3405.5 within thirty (30) days after the expiration of the two (2) year period referenced in Subsection 3405.5, the Director shall notify the Permittee or its assigns at the Permittee’s or assigns’ last known address of record of the unclaimed deposit. If the Permittee has not claimed the deposit within one year after the date of the Director’s notice, the Director shall deposit the unclaimed deposit into the Department of Transportation’s Unified Fund, as provided in Section 9c(c)(9) of the Department of Transportation Establishment Act of 2002, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 50-921.11(c)(9)).

History

• SOURCE: Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 50 DCR 5198 (June 27, 2003); as amended by Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6365 (July 23, 2010)); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3405

24 DCMR § 3406 IDENTIFYING UNDERGROUND FACILITIES

3406.1 All utility operators, and all District government agencies and instrumentalities, shall mark their underground facilities in response to a notification of excavation or demolition received pursuant to Section 5 of the Underground Facilities Protection Act of 1980, effective January 7, 1981 (D.C. Law 23-186; D.C. Official Code § 34-2704) (“Section 5 of the UFPA”), within the time frame and manner set forth in Section 5 of the UFPA.

3406.2 All utility operators, and all District government agencies and instrumentalities, shall use the following uniform color-coding system to mark their underground facilities:

Underground facilities used for potable water shall be marked in blue.

Sewers and drain lines shall be marked in green.

Communications, alarms, or signal line cables and conduits shall be marked in orange.

Temporary survey markings shall be marked in pink.

Reclaimed water, irrigation, and slurry lines shall be marked in purple.

Electric power lines, cables, and conduit/lighting cables shall be marked in red.

The proposed excavation area shall be marked in white.

Underground facilities used for gas, oil, steam, petroleum, or gaseous materials shall be marked in yellow.

3406.3 For the purposes of this section, the term “utility operator” shall have the meaning set forth in Section 2(8) of the Underground Facilities Protection Act of 1980, effective March 4, 1981 (D.C. Law 3-129; D.C. Official Code § 34-2701(8)).

History

• SOURCE: Final Rulemaking published at 73 DCR 000504 (January 16, 2026). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3406

24 DCMR § 3407 INFRACTIONS

3407.1 Failure to comply with excavation notification requirements found at D.C. Official Code § 34-2704 is a Class 1 infraction pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01, et seq.), and 16 DCMR §§ 3200 and 3201.

3407.2 Failure to comply with requirements for identifying and marking underground facilities pursuant to §§ 3407.1 and 3407.2 is a Class 1 infraction pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq.) and 16 DCMR §§ 3200 and 3201.

History

• SOURCE: Final Rulemaking published at 73 DCR 000504 (January 16, 2026). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3407

24 DCMR § 3499 definitions

3499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

Applicant - an Owner or duly authorized agent of such Owner, who has submitted an application for a Permit to Excavate.

Block - that part of the Public Right-of-Way that includes the street area from the property line to the parallel property line in width and extending from the property line of an intersecting street to the nearest property line of the next intersecting street in length. For purposes of this definition, an intersection shall also be considered a Block”.

Days - Calendar days, unless expressly stated otherwise.

Department - Department of Public Works.

Excavation – any work in the surface or subsurface of any Public Space or Public Right-of-Way, including opening the Public Right-of-Way; installing, servicing, repairing, or modifying any Public Space or Public Right-of-Way Facility or Facilities in or under the surface or subsurface of any Public Space or Public Right-of-Way; and restoring the surface and subsurface of any Public Space or Public Right-of-Way.

Facility or Facilities - any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Person, that are located or are proposed to be located in the Public Right-of-Way.

Major Work - any reasonably foreseeable Excavation that will affect the Public Right-of-Way for 15 or more consecutive calendar days.

Moratorium Street - any Block that has been reconstructed, repaved, or resurfaced by the department or any other Owner or Person in the preceding five year period.

Owner - any Person, including the District of Columbia, who owns any Facility or Facilities that are proposed to be installed or maintained in the Public Right-of-Way.

Permit or Permit to Excavate - an authorization to perform an Excavation as it has been approved, amended, or renewed by the Department.

Permittee - the Applicant to whom a Permit to Excavate has been granted by the Department in accordance with this Chapter.

Person - any natural Person, utility, firm, partnership, association, corporation, company or governmental agency, including the District of Columbia or United States of America.

Public Parking – the area of public space between the property line, which may or may not coincide with the building restriction line, and the edge of the actual or planned sidewalk that is nearer to the property line, as the property line and sidewalk are shown on the records of the District.

Public Right-of-Way - the surface, the air space above the surface (including air space immediately adjacent to a private structure located on Public Space or in a Public Right-of-Way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk or boulevard

Public Space - all the publicly-owned property between the property lines on a street, park, or other public property as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or public parking between such property lines.

Public Space or Public Right-of-Way Facility or Facilities - any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Person, that are located or are proposed to be located in the Public Right-of-Way.

Standard Specifications - The District of Columbia Department of Public Works Standard Specifications for Highways and Structures (1996), as such may be amended from time to time.

Winter Months - The months of December through March.

History

• SOURCE: Final Rulemaking published at 47 DCR 2360 (March 31, 2000); as amended by Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 67 DCR 1530 (February 14, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3499

24-35 INTERCITY BUSES

24 DCMR § 3500 OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY BY INTERCITY BUSES

3500.1 An intercity bus service operator shall not occupy any portion of the public right-of-way for loading or unloading passengers from an intercity bus unless the operator holds a public space permit issued by the Director.

3500.2 The minimum size for each intercity bus service passenger loading zone shall be one hundred feet (100 ft.) in length.

3500.3 No permit shall be issued to occupy the public right-of-way to load or unload passengers, or arrive or depart the public space, during a time when standing or parking on the roadway is prohibited, such as during rush hour.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5325 (June 24, 2011).

24 DCMR § 3501 APPLICATION FOR PUBLIC SPACE PERMIT BY INTERCITY BUS SERVICE OPERATORS

3501.1 An intercity bus service operator seeking to occupy the public right-of-way shall submit to the Department a public space permit application and application fee, as specified in section 225 of this Title. The application shall be submitted on a form provided by the Director.

3501.2 An intercity bus operator already operating at the time these regulations become effective shall have sixty (60) days from the effective date of the final rulemaking to submit an application for use of public space for intercity bus loading and unloading.

3501.3 If an intercity bus service operator seeks to use more than one (1) location for loading and unloading passengers from the public right-of-way, a separate application shall be filed for each location requested by the operator. A separate application fee shall also be required for each location. If approved, a separate permit shall be issued for each location.

3501.4 Each completed public space permit application shall include the following information:

The corporate name, mailing address, email address, web site, and telephone number of the intercity bus service operator;

The name, mailing address, email address, web site, and telephone number of the intercity bus service operator’s contact person, who shall be located within thirty (30) miles from the U.S. Capitol Building;

The name, mailing address, email address, web site, and telephone number of the operator’s agent for service of process, who shall be located in the District of Columbia;

A valid U.S. Department of Transportation number and interstate operating authority;

A copy of the intercity bus service operator’s liability insurance certificate that meets the requirements listed in § 3509.2;

Six (6) photographic-quality color copies each of three (3) eight inch by ten inch (8″ x 10″) color photographs of the public space, including the sidewalk, curb space, and the roadway, of and adjacent to the proposed passenger loading zone. The three (3) photographs shall show the following views:

Frontal view from roadway;

Sharp angle right side view along sidewalk or curb; and

Sharp angle left side view along sidewalk or curb;

Six (6) photographic-quality color copies of eight inch by ten inch (8″ x 10″) color photographs of any signs designating parking, standing, or stopping prohibitions in or within ten feet (10 ft.) of the proposed passenger loading zone;

Six (6) copies of a schematic drawing of the proposed passenger loading zone, to scale and with dimensions. The schematic drawing shall show the proposed intercity bus passenger loading zone, the roadway and sidewalk between the nearest intersections on either side of the proposed intercity bus passenger loading zone, and the proposed public space required for passenger assembly, including any fixtures and signage proposed to be installed by the intercity bus service operator. In addition, the schematic drawing shall show all existing fixtures in the public space between the nearest intersections on either side of the proposed intercity bus passenger loading zone including Metro bus and Circulator bus stops and bus stop zones, Metrorail station entrances and Metrorail elevators, vault covers and manholes, fire hydrants, trees and tree boxes, signs (including their content) and sign posts, street lights and traffic signals, sidewalk and roadway vendors, driveways, alleys, and other curb cuts, marked loading zones and building entrances, bike racks, parking meters, designated bike lanes in the roadway, and existing curb ramps, roadway, and crosswalk markings or any other similar public safety or accessibility designation;

A proposal for orderly queuing of waiting passengers so that pedestrian movement along the sidewalk will not be obstructed and so that pedestrian movement from the sidewalk into adjacent buildings will not be impeded;

A proposed trash management plan for the removal of trash created by waiting or arriving passengers;

The proposed intercity bus service schedule, including all regularly scheduled departure and arrival times;

The hours of the day and the days of the week for which the applicant seeks to occupy the intercity bus passenger loading zone (fractions of an hour are not permitted); and

Any other information that the Director requires to evaluate the application.

3501.5 The Department will provide the intercity bus service operator with contact information of a Department representative who will accept comments on the application. The contact information shall be included by the applicant in all notices to the public.

3501.6 An applicant shall ensure that the information provided in its application is true and accurate to the best of the applicant’s knowledge and shall not submit false or misleading information.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5323, 5325 (June 24, 2011); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3501

24 DCMR § 3502 PUBLIC NOTICE OF APPLICATION

3502.1 Within five (5) calendar days after filing an application, the applicant shall give notice of the application to the adjacent property owner(s) and to the property owners on either side of the adjacent property owner(s). Notice shall be provided by certified mail or other similar method that ensures date of delivery. The notice shall include a full copy of the submitted public space permit application, provided, that only one (1) copy of each photographic that is part of the application need be provided, and the contact information provided by the Department for acceptance of comments on the application.

3502.2 Within five (5) calendar days after filing an application, the applicant shall deliver notice of the application by hand to the operator of each business in a building that is located on property that is immediately adjacent to the proposed passenger loading zone, if the business can be accessed directly from the sidewalk without entry into a common area of the building. The notice shall include a full copy of the submitted public space permit application, provided, that only one (1) copy of each photograph that is part of the application need be provided, and the contact information provided by the Department for acceptance of comments on the application. Notice need not be provided to any business that cannot be accessed directly from the sidewalk.

3502.3 Within five (5) calendar days after filing an application, the operator shall post signs provided by the Department on at least one (1) sign pole or streetlight that is immediately adjacent to the curb where the intercity bus service passenger loading zone will be located. If no sign pole or streetlight is directly adjacent to the curb where the intercity bus service passenger loading zone will be located, the intercity bus operator may post the sign on the nearest sign pole or streetlight. The operator shall laminate the signs or protect the signs in another manner from the weather. The operator shall take all reasonable steps necessary to ensure the signs are posted for thirty (30) consecutive calendar days.

3502.4 Within five (5) calendar days after providing the required notice as specified in this section, the applicant shall file with the Department an affidavit verifying that the applicant provided each notice required in this section.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5327 (June 24, 2011).

24 DCMR § 3503 PUBLIC SPACE FEES FOR INTERCITY BUS OPERATORS

3503.1 The intercity bus service operator shall be required to pay the annual permit fee listed in 24 DCMR § 225.1(q).

3503.2 In addition to the fee referenced in § 3503.1, the applicant shall pay any other applicable public space fee listed in 24 DCMR § 225.1 to the Department, including lost parking meter revenue caused by the use of the public right-of-way for the intercity bus service passenger loading zone.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5328 (June 24, 2011).

24 DCMR § 3504 REVIEW OF APPLICATION; APPROVAL OR DENIAL

3504.1 The Public Space Committee or its designee shall review all public space permit applications of intercity bus service operators to occupy the public right-of-way for loading or unloading passengers.

3504.2 In determining whether an intercity bus service public space permit shall be granted, the Public Space Committee shall consider the following factors:

Direct impact on vehicular and pedestrian traffic;

The intercity bus service schedule, peak hour concentration, and anticipated traffic conditions;

The proposed size of the passenger loading zone;

The number of passengers expected to board or disembark at any given time;

The anticipated impact on nearby public transit systems; and

Any other effect of the proposed operations in public space on public health and safety and the efficient and safe operation of the existing transportation network, including pedestrian, vehicle, and all other modes of transportation.

3504.3 Notwithstanding § 3504.2, the Public Space Committee shall not grant a public space permit to conduct intercity bus operations at the following locations:

On a block containing a predominately residential building on either side of the block; or

The same side of a block that contains an area designated as a Metro bus or Circulator bus zone.

3504.4 If two (2) or more applicants apply for the same location, the Public Space Committee shall encourage the applicants to enter into a written agreement to share the space. If the applicants cannot reach an agreement, the Department shall decide which applicant shall have exclusive use of the location based on the following criteria:

Historic usage of the location; and

The order the applications were received by the Public Space Committee.

3504.5 The Public Space Committee shall notify the intercity bus service operator and the Department in writing whether the application for a public space permit is approved, including any conditions imposed on the intercity bus service operator by the Public Space Committee, or denied.

3504.6 If the public space permit is approved, the intercity bus service operator shall provide payment of all associated fees, and file proof of the required insurance and indemnification with the Department.

3504.7 If the public space permit is denied, the Public Space Committee shall provide an explanation for the denial.

3504.8 If the public space permit is denied, and the intercity bus company had been operating at the location while the application was being reviewed, the intercity bus company must cease operation at the location immediately.

3504.9 After the intercity bus service operator meets the requirements of § 3504.6, the Department shall:

(a) Issue a permit to the intercity bus service operator; and

(b) Post signs delineating the curb space and designating the hour(s) of operation and day(s) of the week for each approved intercity bus service passenger loading zone. The signs shall prohibit parking during the hour(s) and day(s) approved for intercity bus service passenger loading and unloading.

3504.10 The permit issued by the Department shall be valid for one (1) year after the date of issuance, unless earlier cancelled, suspended, or revoked, and may be renewed pursuant to § 3507.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5329 (June 24, 2011).

24 DCMR § 3505 USE OF LOADING ZONE; DISPLAY OF PERMIT

3505.1 An intercity bus service operator shall use a permitted passenger loading zone for the drop-off and pick-up of passengers for intercity bus service.

3505.2 No intercity bus service operator shall occupy a passenger loading zone except during the approved hours as posted on the sign.

3505.3 No intercity bus service operator shall occupy an intercity bus service passenger loading zone other than a loading zone it has been permitted to use.

3505.4 In occupying and making use of a passenger loading zone, the intercity bus service operator shall:

Conduct intercity bus service passenger loading and unloading operations in public space only within its authorized passenger loading zone;

Conduct active loading and unloading in a safe and expedient manner;

Refrain from ticket vending or any other direct commercial activity on public space other than the loading and unloading of passengers; and

Queue assembled passengers awaiting intercity bus service in an orderly manner that maintains a ten foot (10 ft.) clear and unobstructed pedestrian pathway on the sidewalk in the Central Business District and a six foot (6 ft.) clear and unobstructed pedestrian pathway on the sidewalk in all other parts of the city, and that does not interfere with ingress or egress to adjacent buildings or businesses.

3505.5 The intercity bus operator shall display a copy of the loading zone permit in a conspicuous location visible from the public space on the curb side of each authorized intercity motor carrier operating in the approved passenger loading zone.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5331 (June 24, 2011).

24 DCMR § 3506 CHANGES IN INFORMATION

3506.1 An intercity bus service public space permit holder shall inform the Department in writing at least fifteen (15) days before any of the following changes:

A change in the intercity bus owner if different from the intercity bus service operator; or

A modification in the intercity bus service operator’s liability insurance; provided the modified insurance still meets requirements specified in § 3509.2.

3506.2 Upon receiving information described in § 3506.1, the Director, without review by the Public Space Committee, may approve and issue a new public space permit, and the prior permit shall be void. Within five (5) days after issuance of a new public space permit, the bus service operator shall ensure that copies of the new permit are displayed as required by § 3505.5.

3506.3 Prior to the occurrence of any of the following changes, an intercity bus service public space permit holder shall submit a new application to the Department requesting a new public space permit:

A proposed change in the location of the approved passenger loading zone;

A proposed increase in the size of the approved passenger loading zone; or

A proposed increase in the hours of operation beyond the approved schedule.

3506.4 An application received under § 3506.3 shall be reviewed and approved by the Public Space Committee in accordance with the process outlined in this chapter for a new intercity bus passenger loading zone application.

3506.5 Upon approval by the Public Space Committee of any changes outlined in § 3506.3 of this section, the Department shall issue a new permit reflecting the approved change(s), and the prior permit shall be void. Within five (5) days after issuance of a new permit, the bus service operator shall ensure that copies of the new permit are displayed as required by § 3505.5.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5332 (June 24, 2011).

24 DCMR § 3507 RENEWAL OF PERMIT

3507.1 An intercity bus service operator may apply to renew an annual permit within thirty (30) calendar days before the expiration of a current, valid permit issued under this chapter. An application that does not change information, requirements, or conditions from the current approved permit and an application that changes only information listed in § 3506.1 may be approved by the Department without review by the Public Space Committee. All other renewal applications shall be sent to the Public Space Committee for review and shall follow the procedures outlined in this chapter.

3507.2 No permit shall be renewed unless the intercity bus service operator has paid all fees and costs outlined in this section applicable to the new period for which the renewal application is filed.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5333 (June 24, 2011).

24 DCMR § 3508 CANCELLATION OF PERMIT

3508.1 The Director may cancel all or part of a public space permit issued pursuant to this chapter at any time and require the intercity bus service operator to vacate all or part of the public space it is occupying if the Director determines the public space is required to meet District transportation or public space needs.

3508.2 The Director shall provide written notice to the intercity bus service operator at the operator’s last address of record at least thirty (30) days before the cancellation of a permit under this section.

3508.3 If the Director requires the intercity bus service operator to vacate all or part of any public space occupied pursuant to a public space permit, the Director shall refund the percentage of the annual public space permit fee proportional to the amount of space so vacated and the length of time remaining in the year for which the permit fee was paid.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5333 (June 24, 2011).

24 DCMR § 3509 REQUIRED INDEMNIFICATION AND INSURANCE

3509.1 Each intercity bus service operator shall defend, indemnify, and hold harmless the District of Columbia government, and its elected and appointed officials and officers, employees, agents and representatives, from and against any and all injuries, claims, demands, judgments, suits in law and equity (including without limitation, habeas corpus actions), actions before administrative tribunals, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, that actually or allegedly, in whole or in part, arise out of, or result from:

(a) The operations of the intercity bus service operator;

(b) The performance or failure of performance of duties required by or reasonably related to the intercity bus service; or

(c) The injury to any person or damage to any property, including the property of the District, by the intercity bus service operator, its employees, agents, or patrons.

3509.2 Each intercity bus service operator shall obtain a public liability insurance policy made out in the name of, and for the sole benefit of the District of Columbia, a municipal corporation, and its officers and employees, covering all use of public space. The insurance policy shall contain coverage in the following amounts:

(a) For each individual, five hundred thousand dollars ($500,000);

(b) For each accident, one million dollars ($1,000,000)

(c) For property damage, five hundred thousand dollars ($500,000).

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5333 (June 24, 2011).

24 DCMR § 3510 [REPEALED]

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5323, 5334 (June 24, 2011); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3510

24 DCMR § 3511 SUSPENSION AND REVOCATION OF LICENSES

3511.1 The Department may suspend or revoke a public space permit issued to an intercity bus service operator for any of the following reasons:

Failure to comply with any condition of the public space permit, including failure to pay a fee;

Failure to cure any violation cited under § 3510.1 or failure to pay the associated fine;

Failure to satisfy any outstanding traffic or parking citation for which the intercity bus service operator was deemed to have admitted or that was sustained after a hearing;

Falsification of any material information provided on the permit application;

Failure to respond to any written request by the Department;

Negative impact on vehicular and pedestrian flow or congestion caused in whole or in part by the intercity bus service operations;

Causing a public safety hazard; or

Causing a negative impact on rail or bus transit operations.

3511.2 Prior to suspending or revoking a public space permit under this section, the Department shall provide fifteen (15) days written notice to the intercity bus service operator committing any of the violations listed in § 3510.1.

3511.3 Notwithstanding § 3510.2, the Department may immediately suspend or revoke the permit issued to the intercity bus service operator if the intercity bus operations cause or contribute to a public safety hazard.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5335 (June 24, 2011).

24 DCMR § 3512 INFRACTIONS AND FINES

3512.1 Notices of infractions for violations of this section shall be issued, answered, and adjudicated pursuant to the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq.) and the provisions of Chapters 31 and 43 of Title 16 of the DCMR.

3512.2 The fines for violations of this chapter are listed in Chapter 43 (District Department of Transportation Infractions) of Title 16 of the DCMR.

History

• SOURCE: Notice of Final Rulemaking published at 58 DCR 5323, 5336 (June 24, 2011); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3512

24 DCMR § 3599 DEFINITIONS

3599.1 For the purposes of this chapter, the following words and phrases shall have the meanings ascribed, except in those instances where the context clearly indicates a different meaning:

Adjacent property owner – a person who owns the private property nearest the curb where the intercity bus operator plans to establish an intercity bus passenger loading zone. The adjacent property owner is on the same side of the street as the intercity bus passenger loading zone.

Bus – a motor vehicle with a seating capacity of more than twenty-five (25) passengers, exclusive of the driver, that is used for the transportation of passengers;

Department - District Department of Transportation

Director - Director of the District Department of Transportation.

Intercity bus – a bus used for intercity bus service.

Intercity bus service operator – a company that operates intercity buses.

Intercity bus service – regularly scheduled bus service for the general public which operates with limited stops over fixed routes connecting two (2) or more areas not in close proximity, and which has the capacity for transporting baggage carried by passengers.

Intercity bus service passenger loading zone or intercity bus passenger loading zone – a segment of a curb lane designated by signs prohibiting general purpose parking or standing to facilitate loading and unloading of passengers for intercity bus service.

Occupy – the parking, as that term is defined in 18 DCMR § 9901, of an intercity bus in a public right-of-way under the jurisdiction of the District of Columbia Government for any purpose.

Person - a person, utility, firm, partnership, association, corporation, company or organization of any kind.

Public right-of-way – all the publicly owned property between the property lines on a street as such property lines are shown on the records of the District of Columbia, including the roadways, tree spaces, sidewalks, and alleys.

History

• Source: Notice of Final Rulemaking published at 58 DCR 5323, 5336 (June 24, 2011).

24-37 SPECIAL TREES

24 DCMR § 3700 SPECIAL TREE REMOVAL PERMIT

3700.1 Except as provided in §§ 3700.2 and 3705.1, no person or non-governmental entity shall remove a Special Tree without a Special Tree Removal Permit issued by the Urban Forestry Administration, as provided in the Act.

3700.2 Where the removal of a Hazardous Tree is necessary to avoid imminent harm or danger to persons or property, a person or non-governmental entity may remove a Hazardous Tree without a Special Tree Removal Permit; provided, the person or non-governmental entity shall submit to the Urban Forestry Administration, within fifteen (15) business days after removal of the Hazardous Tree, a permit application for a Special Tree Removal Permit together with a certification by an International Society of Arboriculture certified arborist that the Special Tree was a Hazardous Tree.

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3700

24 DCMR § 3701 PERMIT APPLICATION PROCEDURES FOR A SPECIAL TREE REMOVAL PERMIT

3701.1 A permit application for a Special Tree Removal Permit shall be signed by the owner of the property on which the Special Tree is located and submitted to the Urban Forestry Administration on a form provided by the Urban Forestry Administration. The permit application shall be submitted at least fifteen (15) business days prior to the day that removal of the Special Tree is desired.

3701.2 In addition to such other information as the Urban Forestry Administration may request, the permit application for a Special Tree Removal Permit shall state the address of the property on which the Special Tree is located.

3701.3 If Special Tree removal is sought, in whole or in part, based upon a promise to plant replacement trees pursuant to § 3701.7(b), and the replacement trees will not be planted on the property where the Special Tree is located, the permit application shall contain the following:

(a) The address of the Private Property where the replacement trees will be planted;

(b) A statement, signed by the owner of the Private Property on which the replacement trees will be planted, on behalf of the present owners and all future owners of the Private Property, that upon issuance of the Special Tree Removal Permit, the owner of the Private Property on which the replacement trees are to be planted shall:

(1) Plant and maintain, or permit the permittee to plant and maintain, the replacement trees in accordance with §§ 3702.2(a) -(e);

(2) Allow an inspector of the Urban Forestry Administration reasonable access to the Private Property for twelve (12) months following the planting of the replacement trees in accordance with § 3702.2(h);

(3) Comply with all other applicable requirements of this chapter and the terms of the Special Tree Removal Permit, including, but not limited to, § 3702.2(f); and

(4) Be subject to the imposition of fines, penalties, and fees for any violation of §§ 3701.3(b)(1)-(3).

3701.4 As part of the permit application for a Special Tree Removal Permit, the applicant shall agree to permit an arborist from the Urban Forestry Administration to inspect the proposed Special Tree removal site. The inspection shall occur during the Urban Forestry Administration's normal business hours and prior to issuance of a Special Tree Removal Permit.

3701.5 If an International Society of Arboriculture certified arborist or an Urban Forestry Administration arborist determines that the Special Tree to be removed is a Hazardous Tree or is a tree that has been identified pursuant to § 3701.9 as appropriate for removal, a Special Tree Removal Permit shall be issued. A Special Tree Removal Permit issued pursuant to this subsection shall not be suspended or revoked based upon a third party's allegation that the arborist certification was in error.

3701.6 If the applicant elects on the permit application to have an Urban Forestry Administration arborist make the determination set forth in § 3701.5 and the arborist fails to make a determination within forty (40) days after the permit application is submitted, a Special Tree Removal Permit shall be issued.

3701.7 If an International Society of Arboriculture certified arborist or an Urban Forestry Administration arborist determines that the tree to be removed is not a Hazardous Tree and is not a tree that has been identified in § 3701.9, or if the applicant stipulates as to both on the permit application, no Special Tree Removal Permit shall be issued until the applicant:

(a) Pays into the Tree Fund a tree replacement fee equivalent to thirty-five

dollars ($35) per inch of circumference of each Special Tree that is to be removed;

(b) Avers on the permit application for a Special Tree Removal Permit to

plant, on Private Property located within the District, as identified on the permit application, and in accordance with §§ 3702.2(a)-(e), a quantity of saplings whose aggregated circumference equals or exceeds the circumference of the Special Tree(s) to be removed; or

(c) A combination of (a) and (b) so as to account for the circumference of the Special Tree(s) removed.

3701.8 The authority to remove a Special Tree as granted by a Special Tree Removal Permit shall be valid for one hundred eighty (180) calendar days after the date of issuance of a Special Tree Removal Permit.

3701.9 Tree species appropriate for removal are:

(a) Ailanthus altissima (common name-Ailanthus);

(b) Morus species (common name-Mulberry); and

(c) Acer platanoides (common name-Norway maple).

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3701

24 DCMR § 3702 PERMIT CONDITIONS FOR REPLACEMENT TREES

3702.1 The provisions of this section shall apply to any Special Tree Removal Permit issued, in whole or in part, upon the promise of the applicant for the Special Tree Removal Permit to plant replacement trees pursuant to § 3701.7(b).

3702.2 In addition to any other conditions imposed by the Urban Forestry Administration, the following conditions shall apply and be stated on the Special Tree Removal Permit:

(a) Replacement trees, when planted, shall have a minimum caliper size of two (2) inches;

(b) The replacement trees shall be properly planted according to the International Society of Arboriculture standards that are in effect at the time of planting;

(c) The replacement trees shall be planted only during the planting season (October 15 to May 1), except that planting must be completed no later than seven (7) months after the Special Tree is removed, unless construction activity makes planting of replacement trees infeasible, in which case planting of replacement trees shall be completed no later than seven (7) months after construction is finished;

(d) Replacement trees shall not be of a species listed in § 3701.9;

(e) For a twelve (12) month period after planting, the replacement trees shall be watered, mulched, and, when appropriate, removed from any tree protection stakes and guy wires;

(f) A non-hazardous replacement tree shall not be cut down, girdled, broken, or destroyed unless the replacement tree has grown into a Special Tree, and then only if a Special Tree Removal Permit has been issued.

(g) Not later than thirty (30) days after the replacement trees are planted, the permittee shall mail or hand deliver to the Urban Forestry Administration a certification, signed by the permittee, attesting to the successful planting of the replacement trees; and

(h) An inspector of the Urban Forestry Administration shall be granted reasonable access to the Private Property where the replacement trees are planted for a period of twelve (12) months following planting.

3702.3 If the replacement trees are not planted on the same property where the Special Tree is located:

(a) The Special Tree Removal Permit shall include the information and statement provided by the permit application pursuant to § 3701.3(b); and

(b) The permittee shall record the Special Tree Removal Permit in the land records of the District of Columbia against the Private Property on which the replacement trees are to be planted and mail or hand deliver confirmation of the recorded Special Tree Removal Permit to the Urban Forestry Administration no later than thirty (30) days after the Special Tree Removal Permit is issued, except that this requirement shall not apply where the Private Property is owned by or under the jurisdiction of the District of Columbia.

3702.4 Any Private Property may serve as the location on which a replacement tree may be planted pursuant to this section, regardless of whether that same tree is slated to be planted in accordance with plans approved by another District government agency, including plans approved as part of a campus plan, planned unit development, or historic preservation review process.

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3702

24 DCMR § 3703 ENFORCEMENT AND ADJUDICATION

3703.1 Notices of Infractions for violations of the Act, this chapter, or any condition of a Special Tree Removal Permit shall be issued, answered, and adjudicated pursuant to the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.06 et seq.) and the provisions of Chapter 31 of Title 16 of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3703

24 DCMR § 3704 [REPEALED]

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3704

24 DCMR § 3705 PUBLIC UTILITIES

3705.1 Public utility companies regulated by the Public Service Commission may remove Special Trees in connection with utility construction, line maintenance, and emergency work within the District's right-of-way without a Special Tree Removal Permit. Such companies shall comply with the notice requirement set forth in Section 105(b) of the Act (D.C. Official Code § 8-651.05(b)) and shall comply with ANSI(a)(300) standards.

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3705

24 DCMR § 3706 income contingent Program for hazardous tree Removal

3706.1 The owner of a single-family dwelling in the District of Columbia that receives a homestead deduction on the single-family dwelling from the District of Columbia Office of Tax and Revenue may apply to the Department on an application provided by the Department for assistance with the removal of a hazardous tree on the owner’s private property on which the single-family dwelling is located or on the public parking area abutting the owner’s private property.

3706.2 To be eligible for hazardous tree removal assistance, the owner must meet the income eligibility requirements of, and provide evidence of enrollment in, an income-contingent District government assistance program.

3706.3 Within thirty (30) calendar days of the Department’s receipt of a complete application submitted by the owner pursuant to § 3706.1, an Urban Forestry Administration arborist, with the consent of the owner, shall inspect the tree to determine whether the tree is a hazardous tree.

3706.4 If, during the inspection, the Urban Forestry Administration arborist determines that the tree is not a hazardous tree, the Department shall notify the owner within fifteen (15) calendar days of the inspection explaining the determination.

3706.5 If the Urban Forestry Administration arborist determines that the tree is a hazardous tree, the Urban Forestry Administration may remove any or all of the hazardous tree, at the sole discretion of the Urban Forestry Administration. The Department shall provide notice to the owner of the hazardous tree of the date of removal of any or all of the hazardous tree. Removal of any or all of the hazardous tree shall be completed by the Urban Forestry Administration within thirty (30) calendar days’ notice of removal to the owner. Removal of any or all of the hazardous tree shall be completed within one-hundred twenty (120) calendar days of the date of the inspection.

3706.6 The Department shall not be responsible for the removal of any part of the hazardous tree that cannot be safely accessed by tree removal equipment or personnel in the sole discretion of the Urban Forestry Administration. The Department shall not be responsible for removing any hazardous tree debris from the owner’s private property or the abutting public parking when the hazardous tree debris cannot be safely removed in the sole discretion of the Urban Forestry Administration.

3706.7 The owner shall hold harmless the District of Columbia and its officers, employees, and agents for any loss or damage to persons or property arising out of or in any way related to the Department’s activities contemplated under this section.

3706.8 Funding in a fiscal year from the Tree Fund for the income-contingent program for hazardous tree removal shall be predicated on the availability of funds in the Tree Fund, and shall be limited to fifteen percent (15%) of the ending balance of the Tree Fund from the prior fiscal year.

3706.9 When used in this section, the following terms and phrases shall have the meanings ascribed below:

Department – the District Department of Transportation.

Fiscal Year – a twelve (12) month period beginning on October 1 and ending on the following September 30.

Owner – the owner of a single-family dwelling in the District of Columbia who receives a homestead deduction on the single-family dwelling from the District of Columbia Office of Tax and Revenue.

Single-family dwelling – a structure housing one family or household.

History

• SOURCE: Final Rulemaking published at 57 DCR 132 (January 1, 2010). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3706

24 DCMR § 3799 DEFINITIONS

3799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

Act - the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code §§ 8-651.01 et seq.).

ANSI(a)(300) standards - the American National Standards Institute, Inc. American National Standard Specifications for Standards for Tree Care Operations; Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices

Caliper - the diameter (width) of the trunk of a tree when measured at a height of six inches (6 in.) above the ground/soil.

Circumference - the linear distance around the trunk of a tree when measured at a height of four and one-half feet (4 1/2 ft.) above the ground.

District's right-of-way - all the publicly owned property between the property line on a street, park, or other public property as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.

Hazardous Tree - a Special Tree that should be removed because it is:

(a) Structurally defective, diseased, dying, or dead;

(b) Posing a high risk of failure or fracture with the potential to cause injury to people or damage to property: or

(c) Causing damage to property or structures that cannot be mitigated in any manner other than removal of the tree.

Permittee - a person or non-governmental entity issued a Special Tree Removal Permit by the Urban Forestry Administration.

Person or non-governmental entity - any individual, corporation, firm, agency, association, organization, or utility company.

Private Property - real property, including real property owned or under the jurisdiction of the District of Columbia and real property that is to be developed pursuant to an approved campus plan, planned unit development, or a historic preservation review. This term does not include the District's right-of-way.

Remove - cutting down, topping, girdling, breaking, or destroying a Special Tree.

Replacement tree - A tree planted pursuant to § 3701.7(b).

Special Tree - a tree within the District of Columbia that has a minimum circumference of fifty-five inches (55 in.).

Tree Fund - the fund established under Section 107 of the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.07).

History

• SOURCE: Final Rulemaking published at 52 DCR 546 (January 21, 2005). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3799

24-38 METROPOLITAN POLICE DEPARTMENT REIMBURSABLE DETAILS

24 DCMR § 3800 SCOPE

3800.1 The provisions of this chapter are issued by the Chief of Police (the “Chief of Police”) pursuant to Section 3002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (Act), enacted July 14, 2014 (D.C. Act 20-377; 61 DCR 7598, 7629 (August 1, 2014)) (the “Act”).

History

• SOURCE: Final Rulemaking published at 62 DCR 2776 (March 6, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3800

24 DCMR § 3801 APPLICABILITY

3801.1 This chapter shall apply to any reimbursement for providing a police escort or other law enforcement services, as defined in § 2801.2, deemed by the Chief of Police to be necessary to protect the public health and safety.

3801.2 For purposes of this chapter, the phrase “police escort or other law enforcement services” shall include the assignment of Metropolitan Police Department personnel and/or vehicles as necessary to ensure the preservation of public safety, typically either at a specified location or from a point of origin to a specified destination, in a manner consistent with the nature of the persons, materials, or threats posed by the movements, activities, or events.

3801.3 Pursuant to Section 3003(b) of the Act (to be codified at D.C. Official Code § 47-2826(d)), any funds collected under this chapter shall be deposited in the MPD Overtime Reimbursement Fund.

History

• SOURCE: Final Rulemaking published at 62 DCR 2776 (March 6, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3801

24 DCMR § 3802 REIMBURSEMENT FEES

3802.1 The reimbursement rate for all reimbursable details or other law enforcement services provided for under this chapter is $60.58 per hour per Metropolitan Police Department officer assigned.

3802.2 As of January 1, 2015, the reimbursement rate for all reimbursable details or other law enforcement services provided for under this chapter shall be $65.45 per hour per Metropolitan Police Department officer assigned, and that rate shall increase by three percent (3%) on October 1 of each fiscal year.

3802.3 The use of any type of Metropolitan Police Department vehicle requested pursuant to this chapter will result in additional cost, which will depend on the type and number of vehicles and the length of time they are assigned.

History

• SOURCE: Final Rulemaking published at 62 DCR 2776 (March 6, 2015). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3802

24-39 METROPOLITAN POLICE DEPARTMENT BODY-WORN CAMERAS

24 DCMR § 3900 GENERAL PROVISIONS

3900.1 The purposes of this chapter are to establish rules for the Metropolitan Police Department's Body-Worn Camera Program ("BWC Program") and to implement Section 3003 of the Fiscal Year 2016 Budget Support Act of2015, effective October 22, 2015 (D.C. Law 21- 36; 62 DCR 10905 (August 14, 2015)).

3900.2 The intent of the BWC Program is to promote accountability and transparency, foster improved police-community relations, and ensure the safety of both MPD members ("members") and the public.

3900.3 In addition to these regulations, the Chief of Police of MPD may issue policy directives to members; those policy directives shall be published on the Department's website at http://mpdc.dc.gov/page/written-directives-general-orders.

3900.4 Members shall successfully complete MPD-offered or approved BWC training before being issued a BWC.

3900.5 When practicable, members shall inform contact subjects that they are being recorded at the beginning of the contact and shall provide language access services to all limited and non-English proficient persons in a timely and effective manner.

3900.6 Members may record First Amendment assemblies for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of law enforcement units, and for training purposes; provided, that recording First Amendment assemblies shall not be conducted for the purpose of identifying and recording the presence of participants who are engaged in lawful conduct.

3900.7 Members shall not create BWC recordings when they are at a school and are engaged in non-critical contacts with students or mediating minor incidents involving students. For the purposes of this subsection, "school" means a facility devoted to primary or secondary education.

3900.8 When reviewing BWC recordings, members shall immediately notify Department officials upon observing, or becoming aware of, an alleged violation of Department policies, laws, rules, regulations, or directives.

3900.9 (a) Members shall not review their BWC recordings or BWC recordings that have been shared with them to assist in initial report writing.

(b) Members shall indicate, when writing any subsequent reports, whether the member viewed BWC footage prior to writing the subsequent report and specify what BWC footage the member viewed.

3900.10 (a) Notwithstanding any other law, the Mayor:

Shall, except as provided in paragraph (b) of this subsection:

Within 5 business days after an officer-involved death or the serious use of force, publicly release:

The names and body-worn camera recordings of all officers directly involved in the officer-involved death or serious use of force ; and

A description of the incident; and

Maintain, on the website of the Metropolitan Police Department in a format readily accessible and searchable by the public, the names and body-worn camera recordings of all officers who were directly involved in an officer-involved death since the Body-Worn Camera Program was launched on October 1, 2014; and

(2) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the Office of the Attorney General, and the United States Attorney's Office for the District of Columbia, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request or paragraph (a)(l)(A) of this subsection.

(b) (1) The Mayor shall not release a body-worn camera recording pursuant to paragraph (a)( l)(A) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:

For a body-worn camera recording of an officer-involved death, the decedent's next of kin; and

For a body-worn camera recording of a serious use of force, the individual against whom the serious use of force was used, or if the individual is a minor or unable to consent, the individual 's next of kin.

(2) (A) In the event of a disagreement between the persons who must consent to the release of a body-worn camera recording pursuant to subparagraph (I) of this paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.

The Superior Court of the District of Columbia shall order the release of the body-worn camera recording if it finds that the release is in the interest of justice.

(c) Before publicly releasing a body-worn camera recording of an officer-involved death, the Metropolitan Police Department shall:

(1) Consult with an organization with expertise in trauma and grief on

best practices for providing the decedent's next of kin with a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting prior to its re lease; and

In a manner that is informed by the consultation described in subparagraph (1) of this paragraph:

Provide actual notice to the decedent's next of kin at least 24 hours before the release, including the date on which it will be released;

(B) Offer the decedent's next of kin a reasonable opportunity to

view the body-worn camera recording privately in a non-law enforcement setting; and

(C) If the next of kin accepts the offer in sub-subparagraph (B) of this subparagraph, provide the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting.

History

• SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023); as amended by the Fiscal Year 2024 Budget Support Act of 2023, effective September 6, 2023 (D.C. Law 25-50; 70 DCR 010366 (July 28, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3900

24 DCMR § 3901 RETENTION OF BODY-WORN CAMERA RECORDINGS

3901.1 Unless subject to the requirements of § 3901.2, a BWC recording shall be retained by the Department for not more than ninety (90) calendar days from the date the recording was created. All metadata shall be retained by the Department for not less than five (5) years.

3901.2 The Department shall, through a policy directive, establish and make available on its website retention schedules for BWC recordings that contain the following:

Recordings related to a criminal investigation;

(1) Recordings related to a request from or investigation by the Chairperson or the Council Committee with jurisdiction over the Department.

(b) Recordings involving conduct by a member or civilian employee that is under investigation or the subject of a complaint;

(c) Recordings related to a death investigation;

(d) Recordings that the Department has actual or constructive knowledge may be:

(1) Subject to a civil litigation hold;

(2) Subject to a FOIA request; or

(3) Used for training purposes by the Department; and

(e) Any other category of recordings that the Chief of Police determines should be retained.

History

• SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3901

24 DCMR § 3902 ACCESS TO BODY-WORN CAMERA VIDEO

3902.1 The Department shall make unredacted BWC recordings available to the United States Attorney's Office for the District of Columbia, the Office of the Attorney General, and the Office of Police Complaints.

3902.2 The Department shall make BWC recordings available to law enforcement or investigatory agencies, such as the Office of the Inspector General and the Office of the District of Columbia Auditor, pursuant to the officers' or agencies' official duties. Nothing in this subsection shall be construed to limit those entities' authority under existing law. The cost of any required redactions shall be borne by the Department.

3902.3 A FOIA request for a BWC recording shall only be submitted to the Department.

3902.4 Notwithstanding any other law, within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Department ("Chairperson"), the Department shall provide unredacted copies of the requested BWC recordings to the Chairperson. Such BWC recordings shall not be publicly disclosed by the Chairperson or the Council; except, that the Councilmember representing the Ward in which the incident occurred may jointly view the recordings.

3902.5 (a) Pursuant to policy directives adopted under the authority of § 3900.3, the Department shall schedule a time for the following individuals to view a BWC recording:

Any subject of the BWC recording;

The subject's legal representative;

If the subject is a minor, the subject's parent or legal guardian; and

(4) If the subject is deceased, the subject's parent, legal guardian, next of kin, and their respective legal representatives.

(b) Notwithstanding paragraph (a) of this subsection:

None of the individuals listed in paragraph (a) of this subsection may make a copy of the BWC recording; and

(2) The Department may not schedule a time to view the BWC recording if access to the unredacted BWC recording would violate a recognized privacy right of another subject.

3902.6 An individual seeking to obtain a copy of a BWC recording not covered by § 3902.5 may submit a FOIA request to the Department for a copy of the BWC recording.

3902.7 The Department shall engage academic institutions and organizations to analyze the BWC Program; provided, that any such relationships shall require the protection of any information or unredacted BWC recordings.

3902.8 The Department shall, through a policy directive, develop procedures to implement this section and District law.

3902.9 When releasing body-worn camera recordings, the likenesses of any local, county, state, or federal government employees acting in their professional capacities, other than those acting undercover, shall not be redacted or otherwise obscured.

History

• SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3902

24 DCMR § 3903 BODY-WORN CAMERA AUDITS AND DATA PROTECTION

3903.1. The Department shall conduct audits of the BWC Program to assess the following, at a minimum:

(a) Member compliance with these regulations and any policy directives issued by the Department;

(b) The impact of the BWC Program on reports submitted by members;

(c) Member training and equipment needs;

(d) The proper protection of individuals' privacy rights;

(e) The impact of BWCs on the number and type of citizen complaints filed with the Department;

(f) The impact of BWCs on the number of use-of-force incidents;

(g) The total number of contacts between members and the public; and

(h) The maintenance of proper and secure access to shared or retained BWC recordings.

3903.2. The Department shall regularly monitor the business practices of any third-party entity providing services to the BWC Program to ensure that individuals' privacy rights are protected.

3903.3. The Department may enter into agreements with other government agencies to provide access to BWC recordings; provided, that any such agreements shall require the other agencies to adhere to the individual privacy protections contained in these regulations or any policy directives issued by the Department.

3903.4. The Department shall strictly control access to BWC recordings and shall identify each member who accesses BWC recordings. The Department shall perform quarterly audits of member access to BWC recordings.

3903.5. A member who makes a BWC recording shall not have access to delete that recording.

3903.6. The deletion of any BWC recording shall be tightly restricted and shall require written justification for the deletion.

3903.7. If it is discovered through review, audit, or inspection that a member did not record a required event, the Department shall require the member to provide written justification for the failure to record.

3903.8. The Department shall regularly monitor its BWC recordings data protection policies.

History

• SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3903

24 DCMR § 3999 DEFINITIONS

3999.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Body-worn camera” or “BWC”- means a camera system with secured internal memory for storage of recorded audio and video that is designed to be worn on the clothing of or otherwise secured to a person.

“Department” or “MPD” - means the Metropolitan Police Department.

“FOIA” - means Title II of the District of Columbia Administrative Procedure Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq.).

“Metadata” - means descriptors that identify the time, date, location, badge number linked to the creation of the record, and officer interaction/offense categorization of BWC recordings.

“Subject” - means an individual who is not an on-duty law enforcement officer at the time of the BWC recording and who has been recorded by a BWC.

“Use of force” - means any physical contact used to effect, influence, or persuade an individual to comply with an order from an officer. The term shall not include unresisted handcuffing or hand control procedures that do not result in injury.

History

• SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 3999

24-40 PRIVATE SECURITY CAMERA INCENTIVE PROGRAM

24 DCMR § 4000 PURPOSE

4000.1 This chapter implements the private security camera incentive program, which provides rebates and vouchers to owners and tenants of residences, businesses, nonprofit organizations, and religious institutions to create an incentive to install security cameras and glass break sensors that are intended to help deter crime and assist law enforcement with investigations.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4000

24 DCMR § 4001 INITIAL REBATES

4001.1 Subject to the other provisions of this chapter:

An owner or tenant of a building that is used as a residence, business, nonprofit organization, or religious institution (the “Applicant”) is eligible for a rebate of up to two hundred dollars ($200) per security camera installed on the exterior of the Applicant’s building and registered with the Metropolitan Police Department.

An owner or tenant of a building that houses a business that has less than two million five hundred thousand dollars ($2.5 million) in annual federal gross receipts or sales (the “Applicant”) is also eligible for a rebate:

Up to two hundred dollars ($200) per security camera installed in the interior of the Applicant’s building and registered with the Metropolitan Police Department; and

Up to two hundred dollars ($200) per glass break sensor installed on the interior of an Applicant’s building’s window(s).

4001.2 (a) The maximum dollar amount of rebates issued to an Applicant under § 4001.1 shall not exceed:

Five hundred dollars ($500) per address of a building used as a residence; or

Per address of a building used for anything other than a residence:

Seven hundred fifty dollars ($750) for exterior security cameras;

Seven hundred fifty dollars ($750) for interior security cameras; and

Six hundred dollars ($600) for glass break sensors.

The maximum dollar amounts in paragraph (a) of this subsection apply to a building by address. For example, in a mixed-use building, if the residential portion of the building has an address of 1234 First Street, and the commercial portion of the building has an address of 1234-A First Street, the residential portion of the building may receive a rebate of up to five hundred dollars ($500) and the commercial portion of the building may separately receive a rebate of up to seven hundred fifty dollars ($750) for exterior security cameras, seven hundred fifty dollars ($750) for interior security cameras, and six hundred dollars ($600) for glass break sensors.

For any business, nonprofit organization, or religious institution that operates in a residence, the maximum rebate amount imposed by paragraph (a)(1) of this subsection shall apply.

4001.3 In addition to the limit imposed by § 4001.2, the maximum dollar amount of a rebate issued to an Applicant under § 4001.1 shall not exceed the costs of the security camera system and/or glass break sensors installed by the Applicant.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4001

24 DCMR § 4002 SUBSEQUENT REBATES

4002.1 Subject to the other provisions of this chapter, an Applicant that previously received an initial rebate under § 4001 is eligible for a subsequent rebate, for a new, replacement exterior or interior security camera system or a new, replacement glass break sensor system, if:

The Applicant meets the applicable eligibility requirements of § 4001.1; and

(1) The security camera system or glass break sensor system for which the initial rebate was issued was significantly damaged by vandalism, other criminal activity, or an act of nature; or

The security camera system or glass break sensor system for which the initial rebate was issued is more than four (4) years old and:

The system is technologically out-of-date and replacement of the system with an updated system would allow continued support to law enforcement with investigations; or

The security camera system or glass break sensor system is no longer in good working condition due to system wear and tear.

4002.2 The maximum rebate dollar amounts set forth in §§ 4001.1 and 4001.2 shall apply separately to subsequent rebates issued pursuant to this section, subject to the same standards and limitations as are set forth in § 4001.2(b) and (c) and § 4001.3.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4002

24 DCMR § 4003 INITIAL VOUCHERS

4003.1 Subject to the other provisions of this chapter, an owner or tenant of a building that is used as a residence (the “Applicant”) is eligible for the issuance of a voucher to pay for the costs of installing a security camera on the exterior of the Applicant’s building if the Applicant is receiving public assistance under the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101;

D.C. Official Code § 4-201.01 et seq.), under one of the following programs:

General Assistance for Children;

Temporary Assistance for Needy Families;

Program on Work, Employment, and Responsibility;

Interim Disability Assistance; or

Supplemental Nutrition Assistance Program.

4003.2 An Applicant for a voucher who is a tenant must provide documentation from the building owner authorizing the installation of the security camera system on the exterior of the building and authorizing Office staff to verify the installation and operation of the security camera system from the building owner’s property.

4003.3 A security camera system installed pursuant to this section must be registered with the Metropolitan Police Department.

4003.4 Only one (1) security camera system per building address shall be eligible for an initial voucher under this section.

4003.5 Residents of a building owned by the District of Columbia Housing Authority shall not be eligible for a voucher under this section.

4003.6 A voucher issued pursuant to this section shall be issued for the benefit of, but not directly to, the Applicant. The voucher shall be provided by the Office to a security system installer, who shall be responsible for installing the security camera system at the Applicant’s building.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4003

24 DCMR § 4004 SUBSEQUENT VOUCHERS

4004.1 Subject to the other provisions of this chapter, an Applicant for whom a voucher was issued under § 4003 is eligible for the issuance of a subsequent voucher, for a new, replacement exterior security camera system, if:

The Applicant meets the eligibility criteria set forth in § 4003.1; and

(1) The security camera system for which the initial voucher was issued was significantly damaged by vandalism, other criminal activity, or an act of nature; or

The security camera system for which the initial voucher was issued is more than four (4) years old and:

The system is technologically out-of-date and replacement of the system with an updated system would allow continued support to law enforcement with investigations; or

The security camera system is no longer in good working condition due to system wear and tear.

4004.2 Subsections 4003.2, 4003.3, 4003.5, and 4003.6 shall apply to subsequent vouchers applied for and issued under this section.

4004.3 Only one (1) security camera system per building address shall be eligible for a subsequent voucher under this section.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4004

24 DCMR § 4005 REBATE APPLICATION

4005.1 An Applicant shall submit a rebate application for a security camera system or glass break sensor system on a form prescribed by the Office.

4005.2 A completed rebate application shall include:

The completed application form prescribed by the Office;

Proof of purchase of a security camera system and/or glass break sensor system, including the costs of the system(s);

Verification of the installation of the security camera system and/or glass break sensor system, as required by § 4007;

If applicable, proof of the Applicant’s federal gross receipts or sales;

If the application is for security camera system rebate, proof of registration of the security camera system with the Metropolitan Police Department; and

Permission, in writing, signed by the Applicant, and in a format as prescribed by the Director, for Office staff to verify the location, installation, and operation of the security camera system or glass break sensor system from private space on the Applicant’s property; or, if the Applicant is a tenant, permission, in writing, signed by the owner of the Applicant’s building, and in a format as prescribed by the Director, for Office staff to verify the location, installation, and operation of the security camera system or glass break sensor system from private space on the owner’s property.

4005.3 The rebate application prescribed by the Office shall include a provision by which the Applicant agrees that they will not use the security camera system for any unlawful or harassing purposes and will comply with all applicable construction code requirements in the installation and operation of the security camera system.

4005.4 (a) An Applicant applying for a subsequent rebate due to vandalism, other criminal activity, or an act of nature shall include with their application a police report regarding the damage to the private security camera system or information substantiating damage due to an act of nature.

(b) An Applicant applying for a subsequent rebate due to the security camera system or glass break sensor being technologically out-of-date or no longer in good working condition shall provide such information regarding the technology and condition of the system as may be requested by the Office.

4005.5 Upon the determination that an Applicant has submitted a complete application, has complied with all the requirements of this chapter, and is eligible for a rebate, and subject to the availability of funds, the applicable rebate amount shall be provided to the Applicant pursuant to § 4001.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4005

24 DCMR § 4006 VERIFICATION OF INSTALLATION (REBATES)

4006.1 A security camera system or glass break sensor system shall be verified as installed before it is eligible for a rebate.

4006.2 An applicant shall verify installation by the following means:

If the security camera system or glass break sensor system is installed by a business with a valid Basic Business License that is engaged in the installation of security systems, the business shall certify that it has installed a security camera system and/or glass break sensor system at the property, including by providing the Office with a photograph of each security camera and glass break sensor for which a rebate is being sought at the location where it is installed and a screenshot of the video capture from each security camera.

If the security camera system or glass break sensor system is installed by the property owner or another person without a valid Basic Business License or that is not engaged in the installation of security systems, the applicant shall provide a photograph of each security camera and glass break sensor for which a rebate is being sought in the location where it is installed and a screenshot of the video capture from each security camera.

History

• SOURCE: Final Rulemaking published at 63 DCR 4879 (April 1, 2016); as amended by Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4006

24 DCMR § 4007 VOUCHER APPLICATION

4007.1 An Applicant shall submit a security camera system voucher application on a form prescribed by the Office.

4007.2 A completed voucher application shall include:

The completed application form prescribed by the Office;

Documentation from the Department of Human Services verifying that the applicant has been receiving assistance under a program listed in § 4003.1 for at least six (6) months; and

If the Applicant is the tenant of a building, permission in writing from the owner of the building, in a form prescribed by the Office, authorizing:

The Applicant to install a security camera on the exterior of the building; and

Office staff to verify the location and installation and operation of the security camera system from the owner’s property.

4007.3 The voucher application prescribed by the Office shall include a provision by which the Applicant agrees that they will not use the security camera system for any unlawful or harassing purposes.

4007.4 Upon the determination that an Applicant has submitted a complete application, has complied with all the requirements of this chapter, and is eligible for a voucher, and subject to the availability of funds, the Office shall issue a voucher for the benefit of the Applicant. The Office shall provide the voucher, on behalf of the Applicant, to a security camera system installer, who shall be responsible for installing the security camera system at the Applicant’s building.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4007

24 DCMR § 4008 SECURITY CAMERA AND GLASS BREAK SENSOR SPECIFICATIONS

4008.1 To be eligible for a rebate or voucher under this chapter:

A security camera system shall meet minimum technical and video quality specifications published on the Office’s website, and must retain video footage for at least forty-eight (48) hours;

A security camera system installed on the exterior of a building shall be weatherproof; and

A glass break sensor system shall meet minimum technical specifications

published on the Office’s website.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4008

24 DCMR § 4009 SECURITY CAMERA REGISTRATION; ACCESS TO VIDEO

4009.1 In order to receive a rebate under § 4001 or 4002 for a security camera system, and as a condition of receiving a voucher under § 4003 for a security camera system, the Applicant must register the security camera system with the Metropolitan Police Department, which can be done online at http://mpdc.dc.gov/securitycameraregistration.

4009.2 The Applicant will receive an email from the Metropolitan Police Department verifying the security camera system has been registered.

4009.3 The Metropolitan Police Department will not have access to live video from a security camera system installed under this program.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4009

24 DCMR § 4010 ADDITIONAL ELIGIBILITY CONDITION: DATE OF INSTALLATION

4010.1 To be eligible for a rebate or voucher authorized in §§ 4001, 4002, 4003, or 4004 for an exterior security camera system, the Applicant must have purchased and installed the exterior security camera system after September 22, 2015.

4010.2 To be eligible for a rebate or voucher authorized in §§ 4001, 4002, 4003, or 4004 for an interior security camera system or a glass break sensor system, the Applicant must have purchased and installed the interior security camera system or glass break sensor system after October 1, 2025.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4010

24 DCMR § 4011 REBATE ISSUANCE

4011.1 Upon the determination that an Applicant has complied with all the requirements of this chapter, and subject to the availability of funds, the applicable rebate amount shall be sent by U.S. Mail to the Applicant at the address provided on the application form.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4011

24 DCMR § 4099 DEFINITIONS

4099.1 The following definitions shall apply to terms used in this chapter:

Applicant – an owner or tenant of a building that is used as a residence, business, nonprofit organization, or religious institution that submits an application for a security camera system or glass break sensor system rebate or voucher.

Gross receipts – the gross receipts of a business as identified in the most recent federal tax return of the business, or, in the case of a new business that has not yet filed a federal tax return, as estimated and certified by the business to the Office.

Office – the Office of Victim Services and Justice Grants (OVSJG).

Vandalism – deliberate action by a third party damaging or destroying a private security camera system or glass break sensor system without the consent of the property owner or tenant.

History

• SOURCE: Final Rulemaking published at 72 DCR 014058 (December 19, 2025). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4011

24-41 PUBLISHER BOXES

24 DCMR § 4100 PLACEMENT OF PUBLISHER BOXES On public space

4100.1 Any person may place, maintain, or operate a publisher box on public space after first obtaining an annual public space permit from the Director of the District Department of Transportation (“Director”).

4100.2 The Director shall issue an annual public space permit when the following conditions are satisfied:

(a) A non-refundable public space permit application fee of fifty dollars ($50) has been paid;

(b) The Director determines that the information and documentation submitted pursuant to § 4101 are complete; and

(c) An annual public space permit fee of one dollar ($1) per publisher box per year has been paid.

4100.3 As a condition of the annual public space permit, the permittee shall indemnify and hold harmless the District of Columbia, its officers, employees or agents from any and all liability, loss, or damage the District of Columbia may suffer as a result of claims, demands, costs, or judgments against it arising from the placement of the publisher box.

4100.4 An owner of an existing publisher box on public space must obtain the annual public space permit required by § 4100.1 by June 1, 2017.

4100.5 Notwithstanding § 4100.2(a), the fifty dollar ($50) public space permit application fee shall only be charged for the original permit application and shall not be charged when submitting an application to renew or to amend the original permit. The fee to renew or amend an annual permit shall be based solely on the permit fee per box per year pursuant to § 4100.2(c).

4100.6 If after securing the annual public space permit, the owner no longer wishes to place publisher boxes in public space, the owner must request a refund within one hundred eighty (180) days from the date the permit was issued pursuant to 24 DCMR § 225.3.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4100

24 DCMR § 4101 APPLICATION AND QUALIFICATIONS TO OBTAIN A PUBLISHER BOX PERMIT

4101.1 The owner of a publisher box located or to be located on public space shall submit a public space permit application to the Director on an annual or biennial basis. The application shall be accompanied by the following:

(a) Contact information for the following:

(1) The name, business address, phone number and the email address of the person requesting the annual permit who may be the owner of the publisher box or the agent for the owner;

(2) The name, business address, phone number and, if applicable, the email address of the owner of the publisher box who shall be shown on the permit as the permittee; and

(3) The name, business address, phone number and email address of the person currently responsible for maintaining the publisher box on public space;

(b) A document stating the name of each publication, periodical, or document distributed from the publisher box owned by the applicant, to be used solely for DDOT confirmation of use of the publisher box by a permitted applicant;

(c) A certificate of insurance naming the District of Columbia, a municipal corporation, its officers, and employees as an additional insured and covering any liability arising from the placement of the applicant’s publisher box on public space for the duration of the permit. The certificate of insurance shall show the following:

The District of Columbia, a municipal corporation, as the certificate holder;

(2) Minimum general liability limits of no less than three hundred thousand dollars ($300,000), except that any person who maintains one hundred (100) or more publisher boxes at any one time shall maintain minimum insurance coverage of one million dollars ($1,000,000). These limits shall include a combined single limit for bodily injury, including death and property damage; and

(3) A cancellation clause requiring notice to the District of Columbia, as certificate holder, prior to the cancellation of the insurance coverage;

(d) Information as to the total number of publisher boxes the owner is placing on public space for the duration of time the annual permit is in effect;

4101.2 The annual public space permit required by § 4100.1 and the liability insurance required by § 4101.1(c) shall be maintained for as long as the publisher box remains on public space.

4101.3 Notwithstanding § 4101.1(d), the actual number of publisher boxes located on public space for the duration of the annual permit may increase to one hundred ten percent (110%) of the total number of boxes the owner claimed on the application.

4101.4 If at any time after securing the annual public space permit, the owner wishes to install additional publisher boxes in excess of the one hundred ten percent (110%) allowed by § 4101.3, the owner shall submit a public space permit application pursuant to § 4101.1 to amend the current annual public space permit to include the number of publisher boxes the owner is placing on public space in addition to the one hundred percent (100%) originally claimed.

4101.5 The Director shall reissue the applicant’s annual permit when the owner pays the pro-rated permit fee for each additional publisher box installed for the duration of time remaining until the annual permit expires.

4101.6 To place a publisher box on public space lawfully, the owner of the publisher box must also have a basic business license with a general business endorsement in accordance with Section 3800 of Title 17 of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4101

24 DCMR § 4102 DISPLAY OF ANNUAL STICKER ON PUBLISHER BOXES ON PUBLIC SPACE

4102.1 In addition to the annual public space permit, the Director shall issue an annual sticker for each publisher box owned by the applicant and located on public space. Each sticker shall have the following information:

(a) The permit number of the annual public space permit issued to the applicant; and

(b) The expiration date of the annual public space permit.

4102.2 The applicant shall affix one (1) sticker to each publisher box in a visible location on the front side of the box at least one foot (1 ft.) above the sidewalk grade, unless another location is designated by the Director.

4102.3 The Director may issue additional permit stickers to the applicant free of charge at the time of permit issuance or at any other time for the duration of the annual permit.

4102.4 At no time shall an expired annual permit sticker be displayed on a publisher box.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4102

24 DCMR § 4103 SPECIFICATIONS OF PUBLISHER BOXES ON PUBLIC SPACE

4103.1 No person shall place a publisher box on public space unless the publisher box complies with the following specifications:

(a) The publisher box shall be no more than fifty-two inches (52 in.) tall, twenty-five inches (25 in.) wide, and twenty-two inches (22 in.) deep. In determining whether a publisher box is in compliance with these limits, each of the dimensions of the publisher box shall be measured at its widest point, including any coin mechanism;

(b) The publisher box shall be sufficiently weighted at the base, or attached to other publisher boxes or a publisher box corral, so as to be secure in all expected weather conditions; and

(c) Each publisher box shall display a sticker, decal, stencil or other printed sign displaying the name, mailing address, current phone number and email address of the person currently responsible for maintaining the publisher box on public space.

4103.2 The owner of the publisher box or the owner’s authorized agent may use space on the publisher box to display the name and trademarks of the publication the publisher box is being used to distribute.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4103

24 DCMR § 4104 MAINTENANCE OF PUBLISHER BOXES ON PUBLIC SPACE

4104.1 A publisher box on public space shall be maintained in good working order, including the following:

(a) Any vandalized or otherwise damaged publisher box shall be repaired within a reasonable time, but no later than thirty (30) calendar days following the occurrence of the damage or within the time allowed by a compliance order sent by the Director;

(b) The interior and exterior of the publisher box shall be reasonably clean and free of dents, blemishes, and discoloration;

(c) The publisher box’s clear or glass parts, if any, shall be unbroken and reasonably free of cracks, and discoloration;

(d) Any lid or door for accessing the publications shall protect the publications from the weather at all times and prevent the publications from littering the surrounding area during windy conditions;

(e) The interior of the publisher box shall be kept free of past issues of publications, food, clothing, trash, debris and other solid waste;

(f) The exterior of the publisher box shall be kept free of graffiti and pasted bills; and

(g) The publisher box shall be stocked with current publications and shall not remain empty of current publications for more than thirty (30) consecutive days. Any publisher box empty for longer than this period shall be deemed abandoned.

4104.2 No person shall place a publisher box on public space unless the publisher box placement complies with the following general placement requirements:

(a) No publisher box shall be attached to a utility pole, street light pole, traffic signal light pole, regulatory sign, parking meter, trash receptacle, fire hydrant, directional sign, bicycle rack, bike station, bus shelter, street furniture, or other public street fixture, except as allowed by Subsection 4104.3;

(b) No publisher box shall be placed on any space that reduces the width of the pedestrian circulation pathway on the sidewalk to less than the following:

(1) Ten feet (10 ft.) on sidewalks having a total width of twenty feet (20 ft.) or more;

(2) Eight feet (8 ft.) on sidewalks having a total width of sixteen feet (16 ft.) to twenty feet (20 ft.); or

(3) Six feet (6 ft.) in other areas.

(c) No publisher box shall be placed within five feet (5 ft.) of the edge of a driveway or alley, a fire hydrant, a bus shelter, a bicycle rack, or a designated vending cart location;

(d) No publisher box shall be placed on or within two feet (2 ft.) of a manhole cover, meter, or valve box cover or any utility access cover or vent cover for underground utilities or within two feet (2 ft.) of a traffic control cabinet;

(e) No publisher box shall be placed within a designated bus zone or on a streetcar platform; and

(f) No publisher box shall be placed on a tree space or on any other unpaved surface adjacent to the sidewalk;

4104.3 Notwithstanding Subsection 4104.2(a), a publisher box may be attached to a publisher box corral; provided there is available space within the corral for the publisher box.

4104.4 No person shall place a publisher box adjacent to the roadway curb on public space unless the publisher box placement complies with the following curbside placement requirements:

(a) Publisher boxes shall be placed no less than eighteen inches (18 in.) and no more than twenty four inches (24 in.) from, and parallel to, the vertical face of the roadway curb, with the publisher box opening facing toward the sidewalk and away from the roadway;

(b) No publisher box shall be placed within three feet (3 ft.) of a parking meter or a multi-space parking meter, as measured parallel to the roadway curb, or within four feet (4 ft.) of a parking meter reserved for persons with disabilities;

(c) No publisher box shall be placed upon or within five feet (5 ft.) of a pedestrian access ramp, including the area between any two ramps on a given corner, or within two feet (2 ft.) of a marked pedestrian crosswalk;

(d) No publisher box shall be placed adjacent to the curved portion or radius of any roadway curb at the corner of any city block;

(e) No publisher box shall be placed within a designated commercial loading zone, taxi stand, valet staging zone, building entrance zone or other passenger drop-off zone as delineated by signage posted at the roadway curb;

(f) No publisher box shall be placed at a location where signage designates the curb space as being reserved parking for persons with disabilities; and

(g) Publisher boxes placed side by side, and not located within a publisher box corral, shall be arranged in groups of no more than seven (7) boxes. A space of at least six feet (6 ft.) shall separate each group of publisher boxes or shall separate a group of publisher boxes from an adjacent publisher box corral.

4104.5 No person shall place a publisher box at a location on public space which is adjacent to a building or wall unless the publisher box placement complies with the following requirements:

(a) A publisher box shall be parallel to and not more than six inches (6 in.) from the building face or wall; and

(b) A publisher box shall be located at least five feet (5 ft.) from either side of a building entrance, fire exit, fire hose connection, show window, display window, ATM or sidewalk café.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4104

24 DCMR § 4105 PUBLISHER BOX CORRALS

4105.1 No person shall place or maintain a publisher box corral on the public sidewalk or other public space without first obtaining a public space permit from the Director.

4105.2 Unless in conflict with a legal priority established for a business improvement district (BID) concerning streetscape improvements, any person may submit a public space permit application to the Public Space Committee (PSC) for the purpose of installing and maintaining a publisher box corral on public space.

4105.3 An application for the installation of a publisher box corral shall include the following:

(a) The name and contact information of the person that will be responsible for maintaining the publisher box corral;

(b) A site plan drawn to scale showing the location and dimensions of the proposed publisher box corral and any associated new paving, including dimensions to the roadway curb and property line, a dimension specifying the distance to the nearest intersection, and showing all the existing conditions within thirty feet (30 ft.) of the corral location, including any business entrances, transit entrances, bus zones or street car platforms, crosswalks, regulatory signage, light poles, traffic signal lights, traffic control cabinet, and other public street fixtures;

(c) A drawing of the publisher box corral showing the front and side views, the method of anchoring or attaching the corral to the ground, and, if proposed by the applicant, the placement and display of a logo or the name of the organization responsible for the corral;

(d) A proposal for the allocation of space within the publisher box corral and any limits on the placement of publisher boxes that allows for the removal or addition of publisher boxes within the corral;

(e) Any required approvals by the U. S. Commission of Fine Arts (CFA) and by the D.C. Historic Preservation Review Board; and

(f) The application fee required under Section 225 of this title.

4105.4 The corral shall have an open design and shall be a height of no less than thirty-six inches (36 in.) and no more than forty-two inches (42 in.);

4105.5 The applicant’s proposal for the allocation of space and any limits on the placement of publisher boxes within the publisher box corral shall be content neutral.

4105.6 In determining whether to approve an application, the PSC shall allow as much space for publisher boxes as is consistent with pedestrian and vehicular safety and other lawful uses of the public space.

4105.7 As a condition of the permit, the person responsible for maintaining the publisher box corral shall bear sole responsibility, including the cost, for installing and maintaining the publisher box corral, as well as its removal, should the Director determine that the sidewalk space is needed for another transportation related purpose, such as for a bus zone, bike station or tree space.

4105.8 The Director shall issue a public space permit for the installation and maintenance of the publisher box corral if:

(a) The application has been approved by the PSC; and

(b) All permit fees, pursuant to Section 225 of this title, have been paid.

4105.9 No person shall place or maintain any advertising on any publisher box corral other than the logo or name of the organization responsible for the publisher box corral.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4105

24 DCMR § 4106 RELOCATING OR REMOVING PUBLISHER BOXES

4106.1 Any person owning or maintaining a publisher box located within the perimeter of the Presidential Inauguration Parade Route, as defined by the U.S. Secret Service prior to the inauguration, shall remove or relocate the publisher box to a location outside the parade route perimeter at least one (1) day prior to the inauguration. The publisher box may be returned to its original position the day after the inauguration.

4106.2 An authorized agent of the D.C. government or the U.S. government may relocate a publisher box under circumstances where crowd control or public safety is an immediate concern as follows:

(a) Relocating a publisher box from within the security perimeter of the presidential inauguration parade route the day before the inauguration;

(b) Relocating a publisher box from within the security perimeter established for an event when the Metropolitan Police Department (MPD) has determined that the presence of the publisher box poses an eminent safety threat to the public; provided advance notice of the event and the need for relocating the publisher box has been sent by DDOT to the email address of the permittee and, if different, the person responsible for maintaining the publisher box; or

(c) Replacing a fallen publisher box to its upright position.

4106.3 Prior to the start of a DDOT street reconstruction project, the temporary occupancy of public space in connection with construction work on private property, or other work in the sidewalk that will take longer than two (2) weeks and will require the temporary removal of a publisher box from public space, the contractor performing the work shall provide notice to the person responsible for maintaining the publisher box to remove the publisher box from the planned work zone provided the person’s contact information is displayed on the publisher box.

4106.4 The contractor performing the work shall provide notice to remove a publisher box pursuant to § 4106.3 by mail and by email at least fifteen (15) days prior to the time the work will commence. The request shall include the following information:

(a) A detailed description or map showing the location and extents of the work zone;

(b) The approximate date the work will commence;

(c) The approximate date when the work will be completed; and

(d) The phone number and email address of the person who may be contacted for additional information.

4106.5 Upon the commencement of work, the contractor performing the work may relocate any publisher box that has not been removed from the work zone to the nearest available location on the adjacent sidewalk without providing additional notice.

4106.6 Prior to the commencement of a sidewalk replacement project or for other work performed in the sidewalk requiring the temporary relocation of a publisher box for no more than two (2) weeks, the contractor performing the work may temporarily relocate the publisher box to the nearest available location on the adjacent sidewalk without first providing notice to the person responsible for maintaining the publisher box.

4106.7 Following the completion of work in the sidewalk pursuant to § 4106.6, the contractor shall endeavor to return the publisher box to its original location on the sidewalk.

4106.8 Prior to the installation of transportation related infrastructure, such as a new bus zone, bus shelter or bike station, the Director shall provide notice to the person responsible for maintaining the publisher box to relocate any publisher box under their control from the planned bus zone, bus shelter area or bike station area; provided the person’s contact information or the permit sticker is displayed on the publisher box.

4106.9 The Director shall provide notice to relocate a publisher box pursuant to § 4106.8 by mail and by email at least fifteen (15) days prior to the time the new bus zone will be put into service. The request shall include the following information:

(a) A detailed description or map showing the location of the new bus zone, bus shelter or bike station;

(b) The approximate date the bus zone will be put into service as a bus stop or the approximate date when a bus shelter or bike station will be installed;

(c) If applicable, the date when the enforcement of the bus zone placement violation may commence; and

(d) The phone number and email address of the person at DDOT who may be contacted for additional information.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4106

24 DCMR § 4107 REMOVAL OF A HAZARDOUS PUBLISHER BOX

4107.1 No person shall leave in or upon any public space any hazardous publisher box. A hazardous publisher box shall be defined as any publisher box that is in a wrecked, incinerated or otherwise irreparable condition such that it poses an imminent hazard to public safety and welfare.

4107.2 Any publisher box that has been deemed to be an actual or potential hazardous publisher box may be removed from public space immediately by an authorized agent of DDOT.

4107.3 The removal of a hazardous publisher box shall be conducted in accordance with the requirements of D.C. Official Code § 921-19(d)(1), to include the issuance of a notice of infraction pursuant to the Civil Infractions Act and § 4109 of this chapter.

4107.4 Notwithstanding § 4107.3, if no legible contact or ownership information is available on the hazardous publisher box, the Director shall post information regarding the removal of the hazardous publisher box and the notice of infraction on the Department’s website pursuant to § 4109 of this chapter and include the following additional information:

(a) The condition of the hazardous publisher box necessitating its immediate removal from public space; and

(b) A description of the publisher box, including any identifying information that is printed on or affixed to the publisher box.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4107

24 DCMR § 4108 COMPLIANCE ORDERS

4108.1 When the Director has determined that a publisher box is in violation of a provision of this chapter, the Director shall serve a first notice of infraction (Compliance Order) to the owner by mail and email directing the owner and, if different, the person responsible for maintaining the publisher box to abate the violation within fifteen (15) days of the date the compliance order was sent. Additionally, the Director may post information regarding the Compliance Order on the agency’s website.

4108.2 In the event that the Director has determined that a publisher box is in violation of a provision of this chapter and no contact or other ownership information is displayed on the publisher box, the Director shall affix the Compliance Order to a conspicuous location on the publisher box and shall post information regarding the Compliance Order on the Department’s website.as a means of providing the fifteen (15) day notice.

4108.3 Each Compliance Order shall display the following information:

(a) The nature of the alleged violation, including the citation to the regulation that the respondent is violating;

(b) The conduct the respondent must cease or the action the respondent must take to correct the infraction;

(c) The date and time by which such conduct must be ceased or such action must be taken;

(d) A statement that the respondent has a right to timely challenge the order at a hearing before the Office of Administrative Hearings, where the hearing will determine whether the order is valid;

(e) A statement that to obtain a hearing, the respondent must request a hearing in writing within fifteen (15) days after the service of the order;

(f) The process by which the respondent may request a hearing; and

(g) A statement that if the respondent fails to comply with the order or request a hearing within the fifteen (15) days, the Director may impound or remove and dispose of the publisher box and recover up to three (3) times the cost and expense of removing and disposing of the non-compliant publisher box.

4108.4 Answering a Compliance Order shall be in accordance with 16 DCMR § 3103 (Answering a Notice of Infraction).

4108.5 The abatement of a Compliance Order shall be in accordance with 16 DCMR § 3104 (Abatement of Infractions).

4108.6 If a respondent does not request a hearing in writing within fifteen (15) days after the service of the Compliance Order, the order shall be deemed final.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4108

24 DCMR § 4109 NOTICE OF INFRACTION

4109.1 If the respondent has been served with a Compliance Order, but failed to abate the violation or request a hearing within the fifteen (15) days allowed by the Compliance Order or the Director takes action pursuant to § 4107, the respondent shall be liable for civil penalties and expenses incurred by the Department due to the violation. Additionally, the Director may impound or remove the publisher box from public space.

4109.2 The Director shall serve a Notice of Infraction to the respondent by mail and email. In addition, the Director may post information regarding the Notice of Infraction on the Department’s website.

4109.3 In the event that no contact or ownership information is displayed on the publisher box, the Director shall affix the Notice of Infraction to a conspicuous location on the publisher box and shall post information regarding the Notice of Infraction on the Department’s website as a means of providing the fifteen (15) day notice.

4109.4 The Notice of Infraction shall state the following:

(a) Any action the Department has taken, including the impoundment or removal of the publisher box from public space;

(b) The basis for the action;

(c) The nature of the alleged infraction, including a citation to the regulation that the respondent violated;

(d) A statement that the respondent has a right to challenge the action at a hearing before the Office of Administrative Hearings;

(e) A statement that to obtain a hearing, the respondent must request a hearing in writing within fifteen (15) days after the service of the notice;

(f) That the respondent has a right to request an expedited hearing by making this request in writing within five (5) days after service of the notice;

(g) The process by which the respondent may request a hearing;

(h) The method by which the respondent may recover the publisher box impounded or removed from public space;

(i) The deadline by which the respondent must recover the publisher box; and

(j) The amount owed the Department for the civil infraction pursuant to Chapter 32 of Title 16 DCMR, and expenses incurred by the Department.

4109.5 The Notice of Infraction shall be answered, abated and adjudicated in accordance with administrative procedures found in Chapter 31 of Title 16 DCMR.

4109.6 The Director shall store the publisher box which has been impounded or removed from the public space pursuant to § 4109.1 for fifteen (15) days after the service of the Notice of Infraction.

4109.7 If the respondent does not recover the property by the date set forth in the notice, the Director may, consistent with reasonable business practices, sell or otherwise dispose of the property.

4109.8 A respondent who fails to reclaim the property within the time prescribed shall nevertheless be entitled to recover the fair market value of any property disposed of pursuant to this subsection if:

(a) The respondent timely requests a hearing;

(b) The administrative law judge dismisses the notice or order or finds no violation; and

(c) The respondent establishes the property’s fair market value by a preponderance of the evidence; provided that if the District has sold the property, the price paid by a good faith purchaser, other than the respondent, shall establish a rebuttable presumption of the fair market value of the property.

4109.9 If the respondent who fails to request a hearing or to otherwise abate the Notice of Infraction or is ordered to make payment by the administrative law judge pursuant to 16 DCMR § 3113, the respondent shall be responsible for the payment of all fines, costs and expenses imposed in accordance with Chapter 31 of Title 16 DCMR.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4109

24 DCMR § 4110 CIVIL INFRACTIONS, ADMINISTRATIVE PROCEDURES AND SCHEDULE OF FINES APPLICABLE

4110.1 The civil infractions set forth pursuant this chapter are subject to the provisions of Chapter 31 (Administrative Procedures) and Chapter 32 (Schedule of Fines) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) DCMR.

4110.2 The civil infractions set forth pursuant this chapter are found under the DDOT infractions chapter of Title 16 (Consumers, Commercial Practices, and Civil Infractions) DCMR.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4110

24 DCMR § 4199 DEFINITIONS

4199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Bus zone – a ten foot (10 ft.) wide strip of sidewalk parallel to the roadway and measured from the vertical face of the roadway curb toward the building line that runs the entire length of the area delineated as a bus zone by signage posted at the roadway curb.

DDOT or Department – District Department of Transportation.

Director – Director of the District Department of Transportation, or the Director's agent, representative, or designee.

Fixture - District government-authorized furniture or equipment that is secured or permanently affixed to public space.

Mail – Delivery of notice by U.S. Postal Service, electronic mail or other method of written message delivery.

MPD - Metropolitan Police Department of the District of Columbia.

Owner – a person that owns or is in control of one or more publisher boxes placed, installed, or maintained on public space. Each publisher box shall have a single owner for the purposes of this chapter.

Person – an individual or entity.

Public Space Committee - the Public Space Committee of the District of Columbia as established by Mayor’s Order 2009-114 on June 18, 2009.

Publisher box – a self-service or coin-operated box, container, storage unit, display or dispenser installed, used, or maintained for the display, distribution, or sale of newspapers or other periodicals.

Publisher box corral – a fixture, approved by the Public Space Committee, installed on public space for the purpose of controlling the placement of publisher boxes.

Streetcar platform - the public right of way designated for public use as an embarkation/disembarkation or waiting area for the streetcar and which includes streetcar shelters, adjoining stairways, ramps and sidewalks and all attached equipment or fixtures.

History

• SOURCE: Final Rulemaking published at 63 DCR 14191 (November 18, 2016). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4199

24-42 PRIVATE SECURITY CAMERA VOUCHER PROGRAM

24 DCMR § 4200 GENERAL PROVISIONS

4200.1 This chapter implements the private security camera voucher program, which creates an incentive for eligible residents and residential property owners to install security cameras that are intended to help deter crime and assist law enforcement with investigations.

4200.2 An owner or tenant of a property that is used as a residence (the Applicant) and who is receiving public assistance under the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code §§ 4-201.01 et seq.), may be eligible to participate in the private security camera voucher program.

4200.3 An Applicant approved by the Office of Victim Services and Justice Grants (the Office) shall receive, at no cost, a security camera system that is purchased and installed by a third party entity pursuant to § 4203; the Office shall register the security camera system with the Metropolitan Police Department.

4200.4 The maximum costs of the security camera system shall be up to two hundred dollars ($200) per camera purchased and no more than five hundred dollars ($500) per address of a property used as a residence

4200.5 Only one (1) security camera system per property address shall be eligible for this program.

4200.6 Residents of properties owned by the District of Columbia Housing Authority shall not be eligible for a voucher under this chapter.

4200.7 To be eligible for the voucher in § 4200.2, the Applicant must submit an application after the effective date of these regulations and before all available funds are expended.

4200.8 As part of this program, the Metropolitan Police Department will not have access to live video from the camera.

4200.9 By participating in this program, the Applicant acknowledges that he or she will not use the security camera for any unlawful or harassing purposes and will comply with any property requirements related to the installation of the security camera system.

History

• SOURCE: Final Rulemaking published at 64 DCR 7248 (July 28, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4200

24 DCMR § 4201 APPLICATION

4201.1 An Applicant shall submit a security camera voucher application on the form prescribed by the Office.

4201.2 A completed application shall include:

(a) The completed form prescribed by the Office; and

(b) Proof of current receipt of public assistance pursuant to the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; §§ 4-201.01 et seq.), under one of the following programs:

(1) General Assistance for Children;

(2) Emergency Shelter Family Services;

(3) Temporary Assistance for Needy Families;

(4) Program on Work, Employment, and Responsibility; or

(5) Interim Disability Assistance.

4201.3 Upon the determination that an Applicant has complied with all the requirements of § 4201.2, and subject to the availability of funds, the voucher application shall be approved and processed by the Office.

History

• SOURCE: Final Rulemaking published at 64 DCR 7248 (July 28, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4201

24 DCMR § 4202 PRIORITIZATION OF ELIGIBLE LOCATIONS

4202.1 Until August 31, 2017, the Office shall accept applications only from Applicants whose property is located in the following Police Service Areas (PSA):

(a) First District:

(1) PSA 103;

(2) PSA 104;

(3) PSA 105;

(4) PSA 106;

(5) PSA 107;

(6) PSA 108;

(b) Second District:

(1) PSA 202;

(2) PSA 207;

(3) PSA 208;

(c) Third District:

(1) PSA 302;

(2) PSA 303;

(3) PSA 305;

(4) PSA 307;

(5) PSA 308;

(d) Fourth District:

(1) PSA 402;

(2) PSA 403;

(3) PSA 404;

(4) PSA 405;

(5) PSA 406;

(6) PSA 407;

(7) PSA 409;

(e) Fifth District: All PSAs;

(f) Sixth District:

(1) PSA 601;

(2) PSA 602;

(3) PSA 603;

(4) PSA 604;

(5) PSA 608; and

(g) Seventh District: All PSAs.

4202.2 Beginning September 1, 2017, the Office shall accept applications from Applicants whose property is located in any PSA.

4202.3 PSA borders can be found online at: http://mpdc.dc.gov/page/police-districts-and-police-service-areas.

4202.4 Each Applicant can find relevant property address PSAs online at: http://geospatial.dcgis.dc.gov/PSAFinder/.

History

• SOURCE: Final Rulemaking published at 64 DCR 7248 (July 28, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4202

24 DCMR § 4203 THIRD PARTY INSTALLATION OF SECURITY CAMERA

4203.1 The Office shall contract with a third party entity to provide the following services:

Purchase of the security camera systems; and

Installation of the security camera system at the Applicant’s residence.

4203.2 Upon determination that the third party entity has complied with all the requirements of this section, payment shall be made to the third party entity.

4203.3 The third party entity shall:

(a) Coordinate with the Applicant the date and time of installing the security camera system at the Applicant’s residence; and

(b) Be solely responsible for the purchase and installation of the security camera system at the Applicant’s residence.

4203.4 The third party entity shall not provide an uninstalled security camera system to any Applicant.

4203.5 Once the installation is complete, the Applicant shall own the security camera system.

History

• SOURCE: Final Rulemaking published at 64 DCR 7248 (July 28, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4203

24 DCMR § 4299 DEFINITIONS

4299.1 The following definitions shall apply to terms used in this chapter:

Applicant – A property owner that submits an application for a security camera voucher; provided, that a tenant of a property owner may submit an application with the consent of the property owner.

Office – The Office of Victim Services and Justice Grants.

PSA – Police Service Area.

History

• SOURCE: Final Rulemaking published at 64 DCR 7248 (July 28, 2017). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4299

24-43 ADDRESS CONFIDENTIALITY PROGRAM

24 DCMR § 4300 GENERAL PROVISIONS

4300.1 The Address Confidentiality Act Program (“Program”) shall be administered by the Office of Victim Services and Justice Grants (“Office” or “OVSJG”) pursuant to the Address Confidentiality Act of 2018 (“Act”), and shall be applicable to participants who are victims of a covered offense, or covered employees, and who state that disclosure of their actual address would endanger their actual safety.

4300.2 Participants in the Program shall be provided, by the Office, substitute addresses at which the Office shall receive first-class, certified, and registered mail sent to participants or their representatives. OVSJG shall, at no charge, forward that mail to the participant’s actual address.

4300.3 Unless excepted by § 4303 or other applicable law, each District agency shall be required to accept Program participants’ substitute addresses, if provided by participants, in lieu of participants’ actual addresses for any purpose the agency requires or requests a residential, work, or school address.

4300.4 The provisions of the Act, including any penalties for violations, shall apply only to District government agencies, including District government instrumentalities.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4300

24 DCMR § 4301 APPLICATION ASSISTANTS

4301.1 OVSJG shall establish a training program for application assistants who, upon designation by OVSJG pursuant to section 4301.2, shall assist applicants or their representatives in submitting applications to the Program.

4301.2 A person may be designated an application assistant if the person:

Successfully completes the training established pursuant to § 4301.1; and

Provides counseling, referral, or other services to victims of a covered offense, or services at an organization that focuses on reproductive healthcare; provided, that:

The organization where the person provides such services shall submit to OVSJG a letter on agency letterhead certifying that the person provides the requisite services; and

If the person ceases to be affiliated with such program or organization, the program or organization shall notify OVSJG in writing and the person shall be removed from OVSJG’s roster of application assistants; provided further, that if the person subsequently becomes affiliated with another program or organization that meets the criteria under this subsection, the person may be reinstated as an application assistant.

4301.3 The Director may withdraw, suspend, or terminate a person’s designation as an application assistant.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4301

24 DCMR § 4302 PROGRAM APPLICATIONS AND CERTIFICATION

4302.1 To apply for the Program, an applicant or the applicant’s representative shall meet with an application assistant and complete the application, which shall include the following:

The applicant’s name and the actual address the applicant seeks to have protected by OVSJG;

Sufficient evidence, as required under the Act, establishing that the applicant is a victim of a covered offense or is a covered employee;

A statement by the applicant or the applicant’s representative that:

Disclosure of the applicant’s actual address would endanger the applicant’s safety;

The applicant has:

Moved to the actual address in the past sixty (60) days or will relocate to the actual address in the next thirty (30) days; or,

Taken adequate measures to ensure that the applicant’s actual address is not easily accessible online or through public records;

Identifies any existing court orders or pending judicial actions involving the applicant and includes a description of those orders or actions;

Designates the Director as an agent for purposes of service of process and receiving mail;

Provides the name and contact information of the applicant’s representative, if applicable; and

Swears or affirms, under penalty of perjury, that to the best of the applicant or applicant’s representative’s knowledge, the information contained in the application is true.

4302.2 OVSJG shall certify an applicant as a Program participant if:

The applicant meets the requirements in § 4302.1; and

OVSJG determines the applicant would benefit from participation in the Program.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4302

24 DCMR § 4303 ADDRESS USE BY DISTRICT GOVERNMENT AGENCIES

4303.1 Except as provided in this section or other applicable law, a Program participant shall not be required to provide her or his actual address for any purpose for which a District government agency requires or requests a residential, work, or school address.

4303.2 Only a participant’s actual address shall be used as part of a registration required by the Sex Offender Registration Act of 1999, effective July 11, 2000 (D.C. Law 13-137; D.C. Official Code §§ 22-4001 et seq.).

4303.3 For any person who is eligible to vote in the District of Columbia and is certified by OVSJG to participate in the Program:

OVSJG shall send the participant’s actual address and a copy of the authorization card described in § 4304 to the District of Columbia Board of Elections (“Board”), unless the participant opts out on the application form.

The Board shall maintain this information in its records;

If the participant decides to vote, the participant shall vote by absentee ballot; and

(d) If the participant decides to sign a petition to be filed with the Board, the participant may use the substitute address to sign the petition.

4303.4 Office of Tax and Revenue:

While a participant’s actual address shall be used on any document filed with the Office of Tax and Revenue (“OTR”), OTR shall not index by a Program participant’s name in any online database of the agency relating to assessment and tax information, or relating to all recorded documents, such that the OTR online databases shall not be searchable by a participant’s name, with the exceptions listed in subparagraphs (1) and (2) below:

OTR may index by a participant’s name the following recorded documents: a court order, a judgment, a lien, or any document related to debt collection that is not a security interest instrument; and

OTR may include a participant’s name in any notice or index OTR publishes for the collection of debts, including taxes and tax sales.

This subsection shall not require OTR to redact or otherwise erase a participant’s name or address in any document or electronic record in its online database.

Except as provided in this subsection, OTR shall not disclose a participant’s actual address unless OVSJG permits disclosure pursuant to this chapter.

To request information about and assistance with OTR records to ensure the highest level of confidentiality, a participant shall schedule an appointment with the OTR Customer Service Center or other designated contact.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4303

24 DCMR § 4304 AUTHORIZATION CARDS

4304.1 After OVSJG has certified that an applicant meets all requirements and would benefit from participation in the Program, OVSJG shall issue a Program authorization card to the participant or the participant’s representative, which shall include the participant’s:

Name;

Substitute address;

Certification number;

Signature; and

(e) Expiration date.

4304.2 An authorization card shall be valid for three (3) years from the date of the initial certification by OVSJG so long as the participant continues to qualify for the Program, unless the participant or the participant’s representative cancels the participant’s certification before the end of the three (3) year period.

4304.3 At least sixty (60) days prior to the authorization card’s expiration, OVSJG shall provide notification to the participant or the participant’s representative of the pending expiration.

4304.4 Participants may apply to OVSJG to renew their certification for an additional two (2) years. OVSJG shall renew a person’s certification if OVSJG determines that the person continues to meet all requisite qualifications.

4304.5 Upon the Director’s approval of a renewal application, OVSJG shall issue a new authorization card to the participant or the participant’s representative.

4304.6 A District agency, presented with a valid authorization card by a participant, shall accept the substitute address designated by OVSJG as the participant’s address, except as provided in § 4303.

4304.7 A District agency employee who lawfully requests a residential, work, or school address from a participant may make a photocopy of the participant’s authorization card with the substitute address, but shall return the original card to the participant.

4304.8 District agency personnel shall not make the agency’s compliance with this Act contingent upon:

Any proof of the participant’s participation in the Program other than presentation to agency personnel of the authorization card issued by the Director; or

The participant paying a fee.

To the extent an agency employee has questions about participants’ participation in the Program, she or he may contact OVSJG.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4304

24 DCMR § 4399 DEFINITIONS

The following definitions shall apply to terms used in this chapter:

Covered employee – an individual, including a volunteer, who provides direct or indirect services at an organization:

That focuses on reproductive health care; or

(b) Whose primary purpose is serving victims of a covered offense.

Covered offense – domestic violence, a sexual offense, stalking, or human trafficking as specified in Sections 101(8), (9), (15), and (16) of the Act (D.C. Official Code §§ 4-555.01(8), (9), (15) and (16)).

Director – the Director of the Office of Victim Services and Justice Grants.

Office or OVSJG – the Office of Victim Services and Justice Grants.

Program – the Address Confidentiality Program.

History

• SOURCE: Final Rulemaking published at 67 DCR 213 (January 10, 2020). District of Columbia Municipal Regulations Public Space and Safety 24 DCMR § 4399

24-45 STREATERIES

24 DCMR § 4500 APPLICABILITY, PERMIT REQUIREMENT, AND CERTIFICATE OF USE REQUIREMENT

4500.1 This chapter shall apply to all Streateries.

4500.2 No person or entity shall occupy the parking lane of a roadway, an alley, or a travel lane for the purposes of creating a Streatery without a Streatery Permit.

4500.3 No person or entity shall operate a Streatery without first having obtained a Certificate of Use.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4500

24 DCMR § 4501 STREATERY TYPES AND LOCATION CRITERIA

4501.1 The Streatery types shall be:

Parking lane Streateries;

Travel lane Streateries; and

Alley Streateries.

4501.2 A parking lane Streatery may only be located on streets with speed limits of thirty miles per hour (30 mph) or less and within:

One or more parking spaces; or

A sidewalk extension.

4501.3 A parking lane Streatery may be in a Residential Permit Parking (“RPP”) Zone, as defined in 18 DCMR 9901, if:

The Streatery is for a single business; and

The parking space or spaces are directly adjacent to the business.

4501.4 A parking lane Streatery shall not be in or on:

Travel lanes or alleys;

Streets with a functional classification designation of Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, available from the Department’s website;

Rush hour restricted locations;

ADA-Accessible on-street parking meter spaces;

Loading zones;

Bus stop pads;

Zones designated by sign for picking up and dropping off passengers or goods;

A Capital Bikeshare station;

An area within the roadway, delineated with plastic reflective delineator posts or other physical barriers, reserved for placement and parking of bicycles, scooters, electric mobility devices and/or personal mobility devices;

Parking spaces not directly adjacent to the curb; or

Utility vaults or regulator station vaults.

4501.5 A travel lane Streatery that occupies some but not all travel lanes of a roadway segment may only be located on streets:

Where seventy-five percent (75%) or more of the ground-floor street frontage consists of commercial uses; and

That have speed limits of thirty miles per hour (30 mph) or less.

4501.6 A travel lane Streatery that occupies some but not all travel lanes of a roadway segment shall not be in or on:

Streets with a functional classification designation of Principal Arterial, Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, available from the Department’s website;

Rush hour restricted locations;

Two-way streets with only two (2) lanes of travel whose closure results in one-way vehicle circulation; or

Utility vaults or regulator station vaults.

4501.7 A travel lane Streatery that occupies all travel lanes of a roadway segment may only be located on streets where seventy-five percent (75%) or more of the ground-floor street frontage consists of commercial uses.

4501.8 A travel lane Streatery that occupies all travel lanes of a roadway segment shall not be in or on:

Streets with a functional classification designation of Principal Arterials, Other Freeway and Expressway, or Interstate, as defined in the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures;

Street segments with emergency facilities (e.g., fire station, police station, etc.)

WMATA Bus Routes or DC Streetcar Routes; or,

Utility vaults or Washington Gas regulator station vaults.

4501.9 The location of an alley Streatery:

Shall be located along the frontage directly adjacent to the business;

Shall provide a six foot (6 ft.) clear path to service entrances;

Shall not block access to adjacent buildings, businesses, or trash services; and

Shall not be on vaults or grates.

4501.10 A parking lane, travel lane, or alley Streatery shall be located directly adjacent to the frontage of the permitted business.

4501.11 Notwithstanding § 4501.10, a Streatery may extend beyond the frontage of the permitted business, but only if it can provide a letter of support from the adjacent property owner along whose commercial property frontage the Streatery will extend.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4501

24 DCMR § 4502 PHYSICAL CRITERIA FOR STREATERIES

4502.1 Once the Streatery is constructed, the permit holder must affix two (2) signs to the Streatery that indicate the business name, seating hours, seating capacity, and emergency contact information. The signs shall be placed on the Streatery edge facing the sidewalk and must be placed in conspicuous locations that are visible to passersby at all hours of the day.

4502.2 No images or words may be placed on any part of the Streatery structure viewable from the street.

4502.3 The number of seats allowed within a Streatery shall be determined by dividing the total square footage of the Streatery by fifteen (15) and rounding down.

4502.4 A Streatery shall include at least one (1) ADA compliant table. An accessible route shall be provided to access each accessible table with a clear floor area of thirty inches by forty-eight inches (30 in. x 48 in.) at each accessible seating location.

4502.5 No part of a Streatery may be used as storage except for approved Streatery elements.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4502

24 DCMR § 4503 STREATERY STRUCTURES AND BARRIERS

4503.1 The Streatery shall comply with the provisions of this section, and applicable provisions of Chapter 2 of this title, including the requirement for a Streatery Permit, prior to the Streatery’s construction or occupancy.

4503.2 If the Streatery is in a travel lane or parking lane, the Streatery shall have a continuous physical edge to buffer the outdoor dining area from adjacent vehicular traffic, except that the Director may require gaps for safety access points.

4503.3 Barriers shall not be placed between the outdoor dining area and the sidewalk.

4503.4 The Streatery shall not be fully enclosed at any time.

4503.5 Barriers and structures shall not be bolted or permanently affixed to public space.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4503

24 DCMR § 4504 SAFETY AND SANITATION STANDARDS

4504.1 Any approved Streatery furniture or fixtures shall be arranged to provide for ready access by aisles to each exit way.

4504.2 All fire protection equipment shall be kept in working condition. Extinguishers, hoses, and other fire protection appliances required by the Fire Chief shall be always visible and conveniently accessible.

4504.3 Food or alcohol preparation or storage is prohibited within the Streatery area.

4504.4 Trash or refuse storage shall not be located within a Streatery, and no structure or enclosure to accommodate the storage of trash or refuse shall be erected, maintained, or placed within or adjacent to a Streatery.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4504

24 DCMR § 4505 GENERAL STREATERY PERMIT ELIGIBILITY REQUIREMENTS

4505.1 No Applicant shall be issued a Streatery Permit unless the proposed Streatery meets the requirements of this chapter.

4505.2 No Applicant shall be issued a Streatery Permit unless the subject property is licensed as, or has received a variance to operate, a legitimate theater, restaurant, distillery, brewery, winery, grocery store, fast food establishment, or prepared food shop.

4505.3 No Applicant shall be issued a Streatery Permit unless the Applicant provides comprehensive indemnification to the District for any costs or damages which it incurs as a result of actions taken by the permittee in connection with the exercise of any rights or privileges granted in any permit issued pursuant to this chapter.

4505.4 A Streatery Permit shall be issued when the following conditions are satisfied:

The Director has received an application to occupy public space;

The Director has reviewed and approved the application pursuant to this chapter;

All applicable fees have been paid; and

All insurance requirements and indemnification described in the permit terms and conditions have been approved and fulfilled.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4505

24 DCMR § 4506 APPLICATION PROCEDURES FOR A STREATERY PERMIT

4506.1 The Applicant shall file for a Streatery Permit, which may be either a:

Streatery Block Permit; or

Streatery Design Permit.

4506.2 An Applicant shall apply for both a Streatery Block Permit and a Streatery Design Permit if their application is for a:

Alley Streatery;

Travel lane Streatery; or

Parking lane Streatery for multiple businesses.

4506.3 Each Applicant for a Streatery Permit shall file for a Building Permit, except that a Building Permit may not be required if the Streatery Permit does not require any structure to be built and is for a(n):

Alley Streatery;

Entire travel lane closure; or

Streatery that does not require a structure to be constructed at the same grade as the sidewalk.

4506.4 An eligible Applicant for a Streatery Design Permit shall be an owner of commercial properties or eligible establishment tenants described in § 4505.2 abutting public space.

4506.5 Each application for a Streatery Design Permit shall include a signed letter of support from:

An owner of the commercial property that the eligible establishment tenant occupies, if the applicant is not the owner of the commercial property; and

An owner of each commercial property whose frontage is adjacent to the public space to be occupied, if the Streatery extends beyond the frontage of the business.

4506.6 The application for any Streatery Permit shall be submitted to the Director on the form and in the manner prescribed for that purpose.

4506.7 Each application for a Streatery Design Permit shall include the following:

The location and address of the proposed Streatery and a description of the boundaries of the curb lane, travel lane, or alley proposed to be occupied;

A statement of the days and times of the week that the Streatery will operate;

A statement of the anticipated periods of use during the year and whether the Streatery is located on a snow emergency route;

An electronic copy of the Streatery site plan, stamped by a structural Professional Engineer (PE) who is certified in the District, front and side elevations, appropriate longitudinal and latitudinal sections, and a structural diagram showing the items listed in § 4506.8;

Three (3) digital photographs of the surface space clearly identifying the following:

Frontal view;

Sharp angle right side view; and

Sharp angle left side view;

Elevations, including the dimensions of the Streatery;

Sections, or “cut-through” drawings of the structure design that articulate complex design elements, such as how accessibility is provided;

Construction details, which include:

Any hardware such as fasteners to be used in the construction process;

A detail showing how positive drainage flows along the curb line will be maintained, and how access to the drainage channel will be provided if it gets blocked; and

Drainage calculations for spread, ponding depth, and drainage channel capacity;

Utility access plan;

Copy of the Certificate of Occupancy;

Building Permit application, where applicable;

Copy of the Business License;

Copy of the rental lease agreement, if the applicant is not the owner of the property;

Letter of support, if any, from the Single Member District for Streateries within Residential Parking Permit (RPP) spaces;

Signed maintenance and operation agreement; and

Point of contact information.

4506.8 The site plan required under § 4506.7(d) shall show the following:

The width, length, and location of the Streatery areas in relation to the parking lane, travel lane, or alley;

The location of all tables, chairs, jersey barriers, railings, planters, and platforms;

The seating capacity of the Streatery and the location of access ways and aisles;

The separation between the edge of the parking lane and the Streatery space;

The total distribution of the public right of way, including width and length of the sidewalk, parking lane, or travel lane occupied by and adjacent to the Streatery and the location of any public improvements within or adjacent to the Streatery, including, but not limited to, bicycle racks, Capital Bikeshare stations, utility poles, fire hydrants, signs, posts, parking meters, bus stops, bus shelters, Metrorail station entrances, trees and tree grates, and utility vaults;

Any proposed improvements to the public space, including electrical connections and installations, new sidewalk, walls, platforms, lighting, landscaping, plantings, railings, or other forms of weather protection. This information shall be accompanied by the manufacturer's detailed standards and location schedule;

The location of the Streatery in relation to the property line, sidewalk, parking lane, travel lane, street curb(s), and to any other Streatery located on the block face;

The location, height, and dimensions of any overhead structure, if any, and whether the overhead structure will be in fixed positions or capable of retraction, folding, or otherwise being moved;

Any object to be affixed or attached to the overhead structure of the Streatery;

The height and dimensions of any platforms, floors, walls, and dividers;

All Streatery construction and structural parts, including the structural adequacy of each;

The location of any fire escapes, drop ladders, and stairs;

The grade of the adjacent sidewalk if the topography deviates from the District standard sidewalk grade;

The location of any fire protection systems, equipment, or appliances;

The location of any public utility cut-offs; and

The spread calculations demonstrating that the depth and width of flow meet Department requirements established in the most recent iteration of the Department’s Design and Engineering Manual, available from the Department’s website.

4506.9 A Streatery Block Permit application shall include a:

Site plan; and

Curbside management and delivery plan.

4506.10 The Applicant shall give appropriate notice of the application by posting on the proposed Streatery location a notice that an application for a Streatery Permit has been filed with the Director. The notice shall be posted in the manner set forth in this section.

4506.11 Notices shall be posted at each street frontage of the property involved and on the front of the building located on the property. All notices shall be in plain view of the public.

4506.12 Notices shall be on paper having a minimum size of eight and one-half inches by eleven inches (8 1/2 in. x 11 in.).

4506.13 Each notice shall be approved by the Director.

4506.14 Each notice shall include the following information:

The date of the application;

The nature of the application;

The name of the Applicant;

The Advisory Neighborhood Commission within which the property is located;

The property or properties involved; and

The name, address, and electronic mail address of the person designated by the Director to receive written comments.

4506.15 Within five (5) calendar days after the date the Streatery Permit application has been filed, each Applicant shall file with the Director a sworn affidavit demonstrating compliance with the notice provisions of this section.

4506.16 Each Applicant shall make a reasonable effort to maintain the posted notice by checking the signs at least every five (5) calendar days and by posting new notices as necessary.

4506.17 A Streatery Permit application for a Streatery that would occupy a parking lane for multiple businesses or is in a travel lane or alley shall include a:

Site plan; and

Curbside management and delivery plan.

4506.18 The site plan described in §§ 4506.7 and 4506.8 shall include:

Building façade(s), addresses, and associated building entrances;

Existing sidewalk widths;

Existing curb cuts and/or driveways;

Existing bike lanes, bus routes, and bus stops;

For alley Streateries, existing trash services;

Existing parking spaces with dimensions and descriptions of curbside regulations for the affected area;

Dimensions of any existing tree boxes, bioretention areas, or other landscaping located in the public space within the proposed impacted area;

Existing parking meters; and

The proposed Streatery footprint and dimensions, including setback dimensions.

4506.19 An Applicant for a Streatery Permit shall apply to the Director of the District Department of Buildings for a Certificate of Use pursuant to 24 DCMR § 306.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4506

24 DCMR § 4507 STREATERY PERMIT REVIEW PROCESS

4507.1 The Director may only approve a permit that:

Complies with all applicable laws and regulations;

Provides a reasonable degree of safety for life and property from the hazards of fire and explosions in accordance with the D.C. Fire Code;

Complies with § 4503; and

Does not adversely affect the public health and safety.

4507.2 If the proposed Streatery is located within areas subject either to the “Shipstead Luce Act” D.C. Official Code § 6-611.01 et seq.), or to the “Old Georgetown Act” (D.C. Official Code § 6-1201 et seq.), the Applicant shall comply with the conditions of the Shipstead-Luce Act, approved May 16, 1930 (Public Law 71-231; D.C. Official Code § 6-611.01 et seq.); or Section 2 of the Old Georgetown Act of 1950, approved September 22, 1950 (64 Stat. 904; D.C. Official Code § 6-1202), and, in either event, 24 DCMR § 205.

4507.3 If the proposed Streatery is located within an “Historic District,” as defined in D.C. Official Code § 6-1102(5), or is attached to an “Historic Landmark” as defined in D.C. Official Code § 6-1102(6), the application shall be referred to the Historic Preservation Review Board, in accordance with the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144; D.C. Official § 6-1101 et seq.).

4507.4 The Director shall determine whether the proposed Streatery may have an adverse effect on the pedestrian or vehicular traffic in the area, whether the proposed Streatery is in compliance with applicable provisions of Chapter 2 of this title, and whether the proposed Streatery is in compliance with the provisions of this chapter. The Director shall also approve the design of the proposed Streatery and shall forward copies of the application and the plan to the Fire Chief and the Director of the District Department of Buildings.

4507.5 The Director of the District Department of Buildings shall notify the Director and Applicant of his or her comments, including a recommendation, as described in § 4507.6 and § 4507.7, within fifteen (15) business days of receipt of the plan and application for a Streatery Permit.

4507.6 The Director of the District Department of Buildings shall verify the ownership of the subject property and whether the property is zoned for or has been granted a variance for the proposed use.

4507.7 Where applicable, the Director of the District Department of Buildings shall review and preliminarily approve the necessary building permit and shall determine whether the structural adequacy and safety of the proposed construction, and the framing and materials of the proposed Streatery are in accordance with the provisions of this chapter and the applicable provisions of the D.C. Building Code.

4507.8 The Director shall forward the site plan to the following entities and persons for their review and comments:

The affected Advisory Neighborhood Commission;

The public utility companies that operate or maintain equipment or service in the area beneath the proposed Streatery; and

The owner or occupants of the adjacent property.

4507.9 The persons, groups, and agencies listed in § 4507.8(a) and (c) shall forward their comments to the Director within thirty (30) business days of receipt of the plan and application.

4507.10 The utility companies listed in § 4507.8(b) shall notify the Director and Applicant of their comments within fifteen (15) business days of receipt of the plan and application.

4507.11 If a District agency or a utility company has objections or conditions that have not been resolved by the Applicant prior to the end of the fifteen (15) business day review period, the application and the plan shall be returned to the Applicant for resolution of the objections or satisfaction of the conditions.

4507.12 If the Director has returned the application to the Applicant for resolution of the objections or conditions, the Applicant shall forward a revised plan and application to the Director.

4507.13 If the application is approved, and when the fees as outlined in § 4510.2 have been paid, as outlined in § 4510.1, the Director shall issue the Streatery Permit.

4507.14 Within five (5) business days of the satisfaction of the requirements of §§ 4506 and 4507, the Director shall forward the application, the plan, and all received comments to the Chairperson of the Public Space Committee and notify the Applicant that the materials have been forwarded.

4507.15 Once the Applicant receives notice that the application, plan, and comments were forwarded to the Chairperson, the Applicant shall post a notice that the Public Space Committee will conduct a hearing of the Streatery application. The notice shall be posted at least 30 days before the hearing, and shall contain the hearing’s date, time, and location.

4507.16 The notice required under § 4507.18 shall be posted according to the provisions of §§ 4506.12 - 4506.15.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4507

24 DCMR § 4508 PUBLIC SPACE COMMITTEE WAIVERS

4508.1 The Public Space Committee may waive the following program requirements; provided, that the waiver would not create an undue risk to pedestrians or other roadway users:

The minimum required distance between Streateries and curb cuts, driveways, alleys, and trees;

The prohibition on Streatery enclosures or vertical support structures that exceed forty-two (42) inches in height; and

The maximum seating capacity of a Streatery.

4508.2 A Streatery permit holder that receives an exception under § 4508.1 shall apply for a Streatery permit renewal through the Public Space Committee every two (2) years.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4508

24 DCMR § 4509 AUTOMATIC EXPIRATION OF STREATERY PERMITS

4509.1 A Streatery Permit shall automatically expire if the construction of the proposed Streatery is not commenced within ninety (90) calendar days from the effective date of the Streatery Permit.

4509.2 A Permittee may request that the Director approve a delay in the construction of the Streatery. The request shall be in writing and shall provide sufficient reasons for the delay.

4509.3 If the construction is commenced within the prescribed period but is not completed within six (6) months from the date the Streatery Permit was issued, the Director shall revoke the Streatery Permit due to a lack of construction activities.

4509.4 The Director may approve one request for delay in the progress of the construction of a Streatery. The delay shall not exceed three (3) months.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4509

24 DCMR § 4510 FEES FOR STREATERY PERMITS

4510.1 The appropriate fees, pursuant to this chapter, shall be paid in person or online by credit card, echeck, check or money order, payable to the D.C. Treasurer.

4510.2 The annual public space rental fee for a Streatery Permit shall be assessed at twenty dollars ($20) per square foot.

4510.3 The permit fee for a Streatery Permit shall be two hundred and sixty dollars ($260).

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4510

24 DCMR § 4511 CERTIFICATE OF USE

4511.1 An Applicant shall, after receiving a Streatery Permit, apply to the Director of the Department of Buildings for a Certificate of Use.

4511.2 The Director of the Department of Buildings shall issue a Certificate of Use when the following conditions have been satisfied:

The Streatery has been inspected and the issuance of a Certificate of Use has been approved by the Director and the Director of the Department of Buildings;

The Streatery complies with the requirements of this chapter, with the terms and conditions of the Streatery Permit and, where applicable, the Building Permit;

The Streatery has been inspected by the Fire Chief; and

All applicable fees, including all present and past Streatery rental fees, have been paid.

4511.3 If the Streatery does not comply with the requirements of § 4511.2, the request for a Certificate of Use shall be denied.

4511.4 Where applicable, the Applicant shall be informed by the Director of the Department of Buildings of the reasons why the Certificate of Use has been denied.

4511.5 The Applicant shall have sixty (60) calendar days to correct any deficiencies and to reapply for a Certificate of Use pursuant to § 4511.1.

4511.6 A Certificate of Use shall be valid for twelve (12) months and shall be renewed annually on the date specified on the certificate.

4511.7 An Applicant shall apply for a renewal of the Certificate of Use in accordance with § 4511.2.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4511

24 DCMR § 4512 FINES FOR AND REVOCATION OF STREATERY PERMITS AND CERTIFICATES OF USE

4512.1 A Streatery Permit issued by the Director may be revoked at any time upon reasonable determination, which may include the following reasons:

There is a public need for the use of the parking lane, alley, or travel lane;

The Permittee has failed to make use of the public space for a period of more than six (6) consecutive months after the effective date listed on the Streatery Permit; or

The Permittee has failed to complete the construction of the Streatery within six (6) months.

4512.2 The failure to comply with public space requirements pursuant to Sections 4502-4504 or Section 4513 of this Chapter is a Class 3 infraction that the Department will enforce pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.), and 16 DCMR §§ 3200 and 3201.

4512.3 The Permittee shall restore the public space within seventy-two (72) hours following the revocation of a Streatery Permit or Certificate of Use.

4512.4 A person shall not operate a Streatery subsequent to the revocation of a Streatery Permit, unless a new Streatery Permit and a new Certificate of Use has been issued pursuant to this chapter.

4512.5 If a Streatery Permit has been revoked pursuant to § 4512.1, the Director of the District Department of Buildings, upon the recommendation of the Director, may reissue the Building Permit if the Applicant certifies that the construction will comply with the provisions of the initial Building Permit and the initial Streatery Permit, and that the construction will be completed within six (6) months from the date the permits were reissued.

4512.6 The Director shall reissue a Streatery Permit, and the Director of the District Department of Buildings shall restore and reissue a Certificate of Use, when the conditions that caused the revocation to be issued have been corrected.

4512.7 Any costs incurred by the Department, the District Department of Buildings, and any other District agency, as determined by the Director and the Director of the District Department of Buildings, in connection with the revocation and the issuance of a new Streatery Permit and a new Certificate of Use, shall be paid by the Applicant before the Streatery Permit and the Certificate of Use are reissued.

4512.8 The Director shall notify the Permittee that their Streatery Permit has been revoked by mail at the Permittee’s address and electronic mail address provided to the Director.

4512.9 The Director of the Department of Buildings shall notify the Permittee that their Certificate of Use permit has been revoked in a manner specified in Section 113.5.5 of Title 12A of Building Code Supplement of 2017 (12-A DCMR 113.5.5).

4512.10 Any notices of infraction made pursuant to this section shall be adjudicated by the Office of Administrative Hearings pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) and 16 DCMR § 3100 et seq.

4512.11 A Permittee whose Streatery Permit the Department proposes to revoke pursuant to § 4512.1 may, within five (5) business days of receipt of the notice of revocation, request a hearing. The hearing shall be conducted pursuant to the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208, D.C. Code § 2-509).

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4512

24 DCMR § 4513 ADDITIONAL GENERAL STANDARDS FOR ALL STREATERIES

4513.1 All Streateries shall be classified as a Group A-2 Assembly as defined in § 303.3 of the D.C. Building Code, and shall comply with all applicable requirements of a Group A-2 Assembly.

4513.2 All electrical installations including appliances and fixtures in a Streatery shall comply with NEC 2014 as amended by Title 12, Subsection C of the District of Columbia Municipal Regulations.

4513.3 The following are not permitted within a Streatery:

Generators;

Live or amplified music;

Televisions; or

Ropes, chains, or fencing used to prevent people from entering the space from the sidewalk.

4513.4 The Permittee shall not charge a fee to access a Streatery.

4513.5 A Permittee shall reapply for a new permit if any changes are proposed to the terms of an approved Streatery Permit.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4513

24 DCMR § 4599 DEFINITIONS

4599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless otherwise provided:

ADA – Title III of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 353; 42 U.S.C. § 12181 et seq.).

Alley Streatery – a Streatery that provides expanded outdoor dining within an alley network adjacent to one (1) or multiple food establishments.

Alter or alteration - a change in the design or configuration of either the exterior or interior of a Streatery or its site; including railings, walls, roof, awning, sign, or flooring.

Applicant - a person who is applying for or who has obtained a Streatery Permit.

Building Permit - a permit issued by the District Department of Buildings that authorizes performance of a specified activity.

Certificate of Use - a one (1) year renewable certificate, issued by the District Department of Buildings, pursuant to 24 DCMR § 306, authorizing the operation of a Streatery in the public space.

Chairperson - the Chairperson of the Public Space Committee.

D.C. Building Code- the District of Columbia Building Code (2017), referred to as the “Building Code,” which consists of the 2015 edition of the International Building Code (IBC), published by the International Code Council (ICC), as amended by the Building Code Supplement of 2017 (12-A DCMR), available at https://dob.dc.gov/sites/default/files/dc/sites/dob/publication/attachments/2017%20District%20of%20Columbia%20Building%20Code_Part%201.pdf.

D.C. Fire Code - the District of Columbia Fire Code (2017), referred to as the “Fire Code,” which consists of the 2015 edition of the International Fire Code (IFC), published by the International Code Council (ICC) and available at https://codes.iccsafe.org/content/IFC2015, as amended by the Fire Code Supplement of 2017 (12-H DCMR).

D.C. Vehicles and Traffic Regulations - Title 18 of the District of Columbia Municipal Regulations, "Vehicles and Traffic."

Department - the District Department of Transportation.

Design - the physical features of a Streatery, including:

(a) Height, depth, width, appearance, texture, color, dimensions, and nature of materials and signage; and

(b) Interior features, including the table layout, the flooring, the lighting, and the width and the location of aisles and accessways.

Director - the Director of the Department, or his or her designated agent.

District - the District of Columbia.

Fire Chief - the Fire Chief of the District, or the Fire Chief’s designated agent.

Legitimate Theater – A building, or a part of a building, that is designed and used for the presentation of live plays and other forms of dramatic performance. The facility typically has a stage or other performing area plus tiers of seats for the audience, or other arrangements for the audience to sit or stand to view the performance.

Owner - the holder of the legal title to real property as recorded in the Office of the Recorder of Deeds in the Office of Tax and Revenue of the District of Columbia.

Parking lane Streatery – a Streatery that provides expanded outdoor dining within the parking lane adjacent to one or multiple food establishments.

Parking lane Streatery for multiple businesses – a Streatery that provides expanded outdoor dining within the parking lane for and adjacent to multiple food establishments.

Permittee – an entity that has been issued a Streatery Permit.

Prepared food – food that is assembled, but not heated by means other than microwave or toaster, on the premises of a prepared food shop.

Prepared food shop – a place of business that offers seating or carry out service, or both, and which is principally devoted to the sale of prepared food, non-alcoholic beverages, or cold refreshments. This term includes an establishment known as a sandwich shop, coffee shop, or ice cream parlor.

Public space - all the publicly owned property between the property lines on a street.

Public Space Committee - the committee established in 2009 for the purpose of making final determinations in cases involving the use of public space as specified by Mayor's Order No. 2009-114 dated June 18, 2009.

Restaurant – a place of business that does not meet the definition of a “fast food establishment” or “prepared food shop”, where food, drinks, or refreshments are prepared and sold to customers primarily for consumption on the premises. Any facilities for carryout shall be clearly subordinate to the principal use providing prepared foods for consumption on the premises.

Sidewalk - the portion of surface space located between the curb line and the building line intended for the use of pedestrians.

Sidewalk Extension - a section of roadway adjacent to the curb that is designated for pedestrian use, and not for parking or vehicular traffic.

Streatery or Streateries - any authorized occupation of the parking lane of a roadway or use of designated parts of an alley network or travel lane used specifically for outdoor dining.

Streatery Block Permit – a Streatery Permit for either a parking lane Streatery for multiple businesses, or a Streatery in an alley or travel lane.

Streatery Design Permit – a Streatery Permit for the structural and design elements of the outdoor dining area.

Streatery Permit – a permit for a Streatery, issued by the Director of the District Department of Transportation pursuant to the provisions of this chapter and Chapter 2 of this title, authorizing the use and occupation of public space in the District of Columbia.

Travel lane Streatery – a Streatery that provides expanded outdoor dining by occupying one travel lane, multiple travel lanes, or the entire roadway.

History

• SOURCE: Final Rulemaking published at 73 DCR 007863 (May 22, 2026). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4599