§ 10-1141.04 — Rulemaking.

District of Columbia § 10-1141.04

• Jurisdiction: District of Columbia
• Title 10: Parks, Public Buildings, Grounds, and Space.
• Ch. 11: Rental and Utilization of Public Space.
• Subch. III: Rental of Public Structures in Public Space.

Text

The Mayor shall issue regulations to implement this subchapter. These regulations shall:

(1) Provide for a nonrefundable application fee to be paid by any party applying for a permit pursuant to this subchapter. The fee shall be set in an amount to recoup some or all of the costs to the District of Columbia for reviewing the application;

(2) Provide for the payment of a nondiscriminatory, fair, and equitable charge for any permit issued in accordance with this subchapter. The Mayor may allow a permittee to pay a fixed charge for a set period of time, pay an amount based upon the amount of the public right of way or public space used or occupied, pay an amount based upon a revenue sharing formula, or provide in-kind services to the District in lieu of a monetary payment, or the Mayor may require a permittee to pay a combination of these items. The regulations may also provide for interest to be charged on late payments of any charges imposed pursuant to this subchapter;

(3) Generally establish categories of use and the extent to which public space, public rights of way, and public structures may be used;

(4) Establish and regulate the process through which any impact, modification, or damage to the public space, public-rights-of-way, or public structures may be compensated, which may include the establishment of user fees, including impact and other direct-use fees, charges, and penalties. The regulations shall include provisions governing the appropriate bonding and insurance requirements which must be satisfied by any party who receives a permit issued pursuant to this subchapter, and shall provide for any permittee to provide 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 subchapter;

(5) Provide for the payment of a technology charge or other surcharge to be added to the fee for each permit issued under § 10-1141.03 ;

(6) Treat the blockage of a sidewalk, bicycle lane, or other pedestrian or bicycle path the same as the closure of a lane of traffic, and in these cases apply similar regulations as that of a closure of a lane of traffic for each permit issued under § 10-1141.03 ;

(7) Define “safe accommodation,” as it appears in paragraph (8) of this section and in § 10-1141.03 , in consultation with the Bicycle Advisory Council and the Pedestrian Advisory Council, which definition shall apply to all permittees and shall ensure the safe and expedient passage of pedestrians and bicyclists; and

(8) Require permittees to submit for approval by the Mayor a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit by the Mayor under § 10-1141.03 .

Legislative History

Apr. 9, 1997, D.C. Law 11-198, § 604, 43 DCR 4569; Oct. 19, 2000, D.C. Law 13-172, § 504, 47 DCR 6308; Nov. 13, 2003, D.C. Law 15-39, § 624, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 6(a), 51 DCR 881; Sept. 24, 2010, D.C. Law 18-223, § 6012, 57 DCR 6242; Dec. 13, 2013, D.C. Law 20-49, § 3(b), 60 DCR 15148