§ 10–1102.01. Regulations authorized; conditions.

The Council of the District of Columbia is authorized to provide by regulation for the rental of portions of public space on or above the surface of the pavement or the ground, as the case may be, and not actually required for the use of the general public, for such period of time as the said space may not be so required or for any lesser period; provided, that nothing herein contained shall be construed as requiring the Council to require the payment of rent as a condition to the use of public space: (1) in accordance with the provisions of regulations promulgated under the authority of § 6-404; (2) by a public utility company for the installation and maintenance of any of its equipment or facilities, under permit issued by the District; or (3) for the sale of newspapers of general circulation; provided further, that the proposed rental of public space within the area of the District of Columbia subject to the provisions of §§ 6-611.01 and 6-611.02, if the proposed rental of public space entails the erection or alteration of the exterior of a building, shall be submitted to the Commission of Fine Arts in accordance with the provisions of §§ 6-611.01 and 6-611.02. The regulations adopted by the Council of the District of Columbia shall provide that public space rented under the authority of this part shall be rented only to the owner of property fronting and abutting such public space; that any person using such space shall not acquire any right, title, or interest therein; that both the United States and the District of Columbia, and the officers and employees of each of them, shall be held harmless for any loss or damage arising out of the use of such space, or the discontinuance of any such use; that the Mayor may require such space to be vacated upon demand by him and its use discontinued, with or without notice, and with no recourse against either the United States or the District for any loss or damage occasioned by any such requirement; and that if any such use be not discontinued by the time specified by the Mayor, the said Mayor may remove from such space any property left thereon or therein by any person using such space under the authority of this part, at the risk and expense of the owner of the real property abutting such space.

(Oct. 17, 1968, 82 Stat. 1156, Pub. L. 90-596, title II, § 201; Mar. 11, 2015, D.C. Law 20-207, § 6(a), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1004.

1973 Ed., § 7-905.

Section References

This section is referenced in § 10-1102.01a.

Effect of Amendments

The 2015 amendment by D.C. Law 20-207 substituted “subject to the provisions of §§ 6-611.01 and 6-611.02, if the proposed rental of public space entails the erection or alteration of the exterior of a building” for “subject to the provisions of §§ 6-611.01 and 6-611.02” near the end of the first sentence; and, in the second sentence, substituted “person using such space” for “owner of the real property abutting such space” and substituted the second occurrence of “Mayor” for “him.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(a) of the Street Festival One Day Permit Emergency Amendment Act of 1999 (D.C. Act 13-129, August 4, 1999, 46 DCR 6646).

For temporary (90 day) repeal of the Sub-Surface Space Rental Rate Resolution (Res. No. 69-71), see § 6012 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) repeal of the Sub-Surface Space Rental Rate Resolution (Res. No. 69-71), see § 6012 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

Short Title

Short title: Section 6011 of D.C. Law 16-192 provided that subtitle B of title VI of the act may be cited as the “Public Space Rental Fees Amendment Act of 2006”.

Editor's Notes

Section 6012 of D.C. Law 16-192 provided: “The Sub-Surface Space Rental Rate Resolution of the District of Columbia City Council, effective September 16, 1969 (Res. No. 69-71; 16 DCR 72), is repealed.”

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.