D.C. Mun. Regs. r. 24-100

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 24-100 - 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 § 2-1801.01et 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.

D.C. Mun. Regs. r. 24-100

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); amended by Final Rulemaking published at 70 DCR 3090 (3/10/2023)

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, as amended, D.C. Code § 1-315; and § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Publ. No. 93-198, D.C. Code § 1-227(a) (1981).