Subchapter I. Police Districts; Police Services Areas.

§ 5–101.01. Police District created.

The District is constituted a police district, to be called “The Metropolitan Police District of the District of Columbia.”

(R.S., D.C., § 321.)

Prior Codifications

1981 Ed., § 4-101.

1973 Ed., § 4-101.

Cross References

Demonstrations, marches, and assemblies relating to federal government, reimbursement of costs incurred by District, see § 1-207.37.

District of Columbia, territorial area, see §§ 1-101, 1-207.17.

Metropolitan Police, assistance to Secret Service, see § 1-207.31.

Editor's Notes

Council Police Misconduct and Personnel Management Special Committee Creation Emergency Resolution of 1997: Pursuant to Resolution 12-344, effective December 16, 1997, the Council approved the creation of a special committee for the Council of Police Misconduct and Personnel Management.

Special Committee on Police Misconduct and Personnel Management Extension Resolution of 1998: Pursuant to Resolution 12-690, effective September 22, 1998, the Council approved an extension for the Special Committee on Police Misconduct and Personnel Management.

§ 5–101.02. Boundaries and subdivision of Police District.

The Metropolitan Police District of the District of Columbia shall be coextensive with the District of Columbia, and shall be subdivided into such police districts and precincts as the Council of the District of Columbia may from time to time direct.

(Feb. 28, 1901, 31 Stat. 819, ch. 623, § 1; June 8, 1906, 34 Stat. 221, ch. 3056.)

Prior Codifications

1981 Ed., § 4-103.

1973 Ed., § 4-102.

Section References

This section is referenced in § 1-632.03.

Cross References

District of Columbia, territorial area, see §§ 1-101, 1-207.17.

Merit system, application to police officers and firefighters, see § 1-632.03.

Editor's Notes

Prior to Home Rule, the District of Columbia Council, via section 7.9 of Regulation No. 72-2, approved January 14, 1972, 18 DCR 417, delegated the authority to change the geographical boundaries of the police patrol districts to the Chief of Police.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(89) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. 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.

§ 5–101.03. General duties of Mayor.

It shall be the duty of the Mayor of the District of Columbia at all times of the day and night within the boundaries of said Police District:

(1) To preserve the public peace;

(2) To prevent crime and arrest offenders;

(3) To protect the rights of persons and of property;

(4) To guard the public health;

(5) To preserve order at every public election;

(6) To remove nuisances existing in the public streets, roads, alleys, highways, and other places;

(7) To provide a proper police force at every fire, in order that thereby the firemen and property may be protected;

(8) To protect strangers and travelers at steamboat and ship landings and railway stations;

(9) To see that all laws relating to the observance of Sunday, and regarding pawnbrokers, mock auctions, elections, gambling, intemperance, lottery dealers, vagrants, disorderly persons, and the public health, are promptly enforced; and

(10) To enforce and obey all laws and ordinances in force in the District, or any part thereof, which are properly applicable to police or health, and not inconsistent with the provisions of this title. The police shall, as far as practicable, aid in the enforcement of garbage regulations.

(R.S., D.C., § 335; June 11, 1878, 20 Stat. 107, ch. 180, § 6; July 14, 1892, 27 Stat. 160, ch. 171.)

Prior Codifications

1981 Ed., § 4-115.

1973 Ed., § 4-119.

Cross References

Alleys, subdivisions, regulation and jurisdiction over, see § 1-1323.

Arrests, warrantless, power and authority of police, see § 23-581.

Capitol grounds, policing, see § 10-503.19.

Mayor, police power of, see §§ 1-303.01 and 1-303.05.

Mentally ill, detention, see § 21-521 et seq.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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.

§ 5–101.04. Police Services Areas.

(a) By January 1, 2001, the Chief of the Metropolitan Police Department (“MPD”) shall submit to the Council a study performed by MPD on the efficacy of the Police Service Area (“PSA”) model, including:

(1) Whether re-engineering of the model is necessary;

(2) Whether PSA boundaries need to be redrawn; and

(3) Whether PSA staffing is appropriate.

(b) By April 1, 2001, the Chief of MPD shall submit a plan to the Council for redeploying sworn officers into the PSA system. Pursuant to this redeployment plan, a minimum of 60% of all sworn officers who are available for full duty would be assigned to the PSA system. For this purpose, these officers would be assigned to street patrol and available to respond to calls for service.

(c) The requirement set forth in subsection (b) of this section does not preclude the Chief of Police from also submitting alternatives to the redeployment plan required by the Council.

(d)(1) Until MPD attains 3,700 sworn officers, the Chief of the MPD shall deploy sworn officers as necessary to ensure that a minimum of 62% of all sworn police personnel are assigned to direct service delivery in the PSAs. Sworn officers assigned to PSAs shall not be deployed outside of their respective PSAs at any time, unless responding to an emergency situation.

(2) For the purposes of this subsection, the term:

(A) “Sworn police personnel” is limited to all of the sworn lieutenants, sergeants, and officers.

(B) Emergency situation” means any extraordinary occurrence in the District of Columbia which requires the use of sworn police personnel to protect the health and safety of residents and visitors, including civil disorder, riots, acts of terrorism, or natural disasters.”

(e) The deployment of sworn officers to the PSAs shall be based on the following considerations:

(1) The number of Part 1 offenses;

(2) Drug activities;

(3) The number of arrests;

(4) The need for traffic enforcement; and

(5) The number of calls for service.

(f) Until MPD attains 3,800 sworn officers, all newly sworn officers who were recruited by MPD to become police officers shall be assigned to neighborhood patrols in the PSAs.

(Oct. 19, 2000, D.C. Law 13-172, § 842, 47 DCR 6308; Nov. 13, 2003, D.C. Law 15-39, § 3002, 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, § 97, 52 DCR 2638.)

Effect of Amendments

D.C. Law 15-39 added subsecs. (d), (e), and (f).

D.C. Law 15-354 substituted “Police Services Area” for “Patrol Services Area”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 842 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of the Public Safety Crisis Emergency Amendment Act of 2003 (D.C. Act 15-26, February 24, 2003, 50 DCR 2148).

For temporary (90 day) amendment of section, see § 2902 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 2902 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) prohibition of implementation of Metropolitan Police Department’s Police Service Areas restructuring plan prior to Council review, see § 2 of PSA Restructuring Council Review Emergency Act of 2003 (D.C. Act 15-206, October 24, 2003, 50 DCR 9850).

For temporary (90 day) prohibition of implementation of Metropolitan Police Department’s Police Service Areas restructuring plan prior to Council review, see § 2 of PSA Restructuring Council Review Congressional Review Emergency Act of 2004 (D.C. Act 15-337, January 29, 2004, 51 DCR 1813).

Temporary Legislation

For temporary (225 day) addition, see § 2 of PSA Restructuring Council Review Temporary Act of 2003 (D.C. Law 15-79, March 10, 2004, law notification 51 DCR 3371).

Short Title

Short title of title XXX of Law 15-39: Section 3001 of D.C. Law 15-39 provided that title XXX of the act may be cited as the Neighborhood Safety Amendment Act of 2003.

Editor's Notes

Applicability: Section 3003 of D.C. Law 15-39 provided: “This title shall apply as of October 1, 2003. The delayed applicability of the title shall not be construed as prohibiting the Chief of the Metropolitan Police Department from implementing the changes mandated by the title prior to October 1, 2003.”