Subchapter III. Rental of Public Structures in Public Space.
§ 10–1141.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Conduit” means any pipe or other hollow protective sleeve through which cable may be inserted.
(2) “Private structure” means all privately-owned fixtures on public space or in the public rights of way.
(3) “Public rights of way” means 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 used pursuant to District law for public services, including rail lines and electric, natural gas, water, sewer, and communication utilities.
(4) “Public space” means 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 parking between such property lines.
(5) “Public structure” means all publicly-owned fixtures on the public space and in the public rights of way.
§ 10–1141.02. Applicability.
Sections 10-1141.03 to 10-1141.05 shall not apply to:
(1) The rental of:
(A) Public space for use as a sidewalk cafe, enclosed flower or fruit stand, or for other retail purposes pursuant to §§ 10-1101.01 through 10-1102.02;
(C) Airspace for buildings, walkways, or other structures designed to be occupied by people on a regular basis, pursuant to subchapter II of this chapter; or
(2) The occupation or use of public space or public streets by a vendor pursuant to a license to vend which has been issued to the vendor by the Mayor pursuant to Chapter 1A of Title 37 [§ 37-131.01 et seq.].
§ 10–1141.03. Permits for the occupation of public space, public rights of way, and public structures.
(a) The Mayor may issue permits to occupy or otherwise use public rights of way, public space, and public structures pursuant to this subchapter for any purpose, including the use of the foregoing for conduits, including conduits which occupy public space, or a public right of way on April 9, 1997.
(b) The Mayor may issue permits to occupy public space, public rights of way, and public structures pursuant to this subchapter without regard to whether the permittee owns the property abutting the public space, public right of way, or public structure which is the subject of the permit. The permits shall be subject to the terms and conditions set forth in any agreement entered into by the Mayor and the permittee to carry out the purposes of this subchapter, and to any regulations promulgated pursuant to this subchapter.
(c) The Mayor may revoke any permit issued pursuant to this subchapter at any time. In the event the Mayor requires any permittee to vacate all or any part of any public space, public right of way, or public structure for which a permit charge has been paid, the Mayor shall refund as much of the prepaid charge as may represent that portion of the permit which has been revoked.
(d) Public space, public rights of way, and public structures which are the subject of a permit issued pursuant to this subchapter may be leased or subleased only with the express consent of the Mayor.
(e) Upon the expiration or revocation of any permit issued pursuant to this subchapter, the Mayor may require, at the expense of the permittee, the immediate removal of any apparatus, structure, or device affixed or erected in public space or 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 section, the Mayor may remove any of the permittee’s property and the cost of such removal shall be borne by the permittee.
(f) The Mayor shall require permittees blocking a sidewalk, bicycle lane, or other pedestrian or bicycle path to provide a safe accommodation for pedestrians and bicyclists.
§ 10–1141.03a. Waiver or reduction of permit fees for the occupation of public space, public rights of way, and public structures.
(a) The Mayor may waive or reduce any permit fee, except for the application fee, to occupy or otherwise use public space, public rights of way, or public structures for a project that:
(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 section, the term "civic association" means an 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 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)).
§ 10–1141.04. Rulemaking.
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.
§ 10–1141.04a. Dedication of public rights-of-way user fees, charges, and penalties. [Repealed]
Repealed.
§ 10–1141.05. Inspection and audit of books and records.
The Mayor shall require a permittee to maintain specific books, records, and accounts. All books, records, and accounts of any permittee may be inspected by the Mayor, and may be inspected and audited by the District of Columbia Inspector General in order to determine whether the permittee has paid or will pay all amounts properly owed under any permit issued pursuant to this subchapter.
§ 10–1141.06. Surcharge authorization.
Each public utility company regulated by the Public Service Commission shall recover from its utility customers all lease payments which it pays to the District of Columbia pursuant to this title through a surcharge mechanism applied to each unit of sale and the surcharge amount shall be separately stated on each customer’s monthly billing statement.
§ 10–1141.07. Enforcement.
(a) Civil fines and penalties may be imposed as sanctions for any infraction of the provisions of this subchapter or any rules issued in accordance with this subchapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(b) The Mayor may also enforce this subchapter or any rules issued in accordance with this subchapter pursuant to § 50-921.19(a), (c), (d), (e), and (f).
