For the purposes of this subchapter, the term "bicycle parking space" means a device or enclosure, located within a building or installation, or conveniently adjacent thereto, for securing a bicycle that is easily accessible, clearly visible and so located as to be reasonably secure from theft or vandalism.
(Feb. 2, 2008, D.C. Law 17-103, § 2, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 17-103, the "Bicycle Commuter and Parking Expansion Act of 2007", was introduced in Council and assigned Bill No. 17-90 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on July 10, 2007, and November 6, 2007, respectively. Signed by the Mayor on November 21, 2007, it was assigned Act No. 17-222 and transmitted to both Houses of Congress for its review. D.C. Law 17-103 became effective on February 2, 2008.
Delegation of Authority
Delegation of Authority -- Bicycle Commuter and Parking Expansion Amendment Act of 2007, see Mayor's Order 2011-149, September 6, 2011 (58 DCR 8085).
(a) A bicycle parking space shall conform to the bike parking rack standard established by the District Department of Transportation, or be of such design that will enable the frame to be supported in 2 places, and allow for both wheels of a bicycle to be secured with ease by use of a U-lock, cable lock, or other security device. Exceptions to these standards may be approved by the Mayor.
(b) Bicycle parking spaces installed prior to February 2, 2008, that do not meet the requirements of this subchapter shall be permitted until one year after February 2, 2008.
(Feb. 2, 2008, D.C. Law 17-103, § 3, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
(a) Notwithstanding any other law or regulation, the Council shall increase the number of public bicycle parking spaces at the John A. Wilson Building.
(b) The total number of public bicycle parking spaces provided at the John A. Wilson Building shall be no less than 16; provided, that:
(1) Design, purchase, and installation of the public bicycle parking spaces shall be done in coordination with the District Department of Transportation ("DDOT") from funds either already allocated to DDOT in fiscal year 2008 or already allocated to the Council in fiscal year 2008 for the maintenance of the John A. Wilson Building;
(2) The design of the bicycle parking spaces shall be consistent with the architectural style and beauty of the John A. Wilson Building; and
(3) At least one bicycle parking space shall be located adjacent to the public entrance on Pennsylvania Avenue, N.W., if this is determined to be consistent with historic preservation guidelines and National Park Service regulations.
(Feb. 2, 2008, D.C. Law 17-103, § 4, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
Miscellaneous Notes
Section 11 of D.C. Law 17-103 provides that this section shall be subject to appropriation.
(a) Within 180 days of February 2, 2008, the Mayor shall prepare and make public a report on the availability of bicycle parking spaces at buildings occupied by the District government, including office buildings occupied by District government agencies, public school buildings, public libraries and branches, recreation centers, and parks.
(b) The report shall include:
(1) The current number of parking spaces available for automobiles;
(2) The current number of parking spaces available for bicycles;
(3) The percentage of available bicycle parking spaces to available automobile parking spaces;
(4) A strategic plan to provide no less than a number of bicycle parking spaces that is equivalent to 10% of the available automobile parking spaces;
(5) A plan for providing a larger number of bicycle parking spaces at locations where it is warranted by current demand;
(6) An evaluation of bicycle travel lanes that lead riders to the facility or park; and
(7) A detailed report of the bicycle parking plans for the baseball stadium for the Washington Nationals.
(Feb. 2, 2008, D.C. Law 17-103, § 5, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
(a)(1) A residential building owner shall provide secure bicycle parking spaces for all existing residential buildings with 8 or more units.
(2)(A) A residential building owner shall provide a reasonable number of bicycle parking spaces, as determined by the Mayor, for all existing residential buildings within 30 days of one or more residents' written requests, unless an extension due to hardship is granted by the Mayor.
(B) Where complaints of noncompliance have been filed with the Mayor by one or more residents, the Mayor shall facilitate an agreement between the parties and determine the number of bicycle parking spaces that shall be provided.
(C) The bicycle parking spaces shall be provided within 30 days of the Mayor's determination, unless an extension due to hardship is granted by the Mayor.
(3) Where it can be demonstrated that providing bicycle parking spaces required under this subsection is not physically practical, that undue economic hardship would result from strict compliance with the regulation, or that the nature of the building use is such that bicycle parking spaces would not be used, the Mayor may grant, upon written application of the owner of the building, an appropriate exemption or reduced level of compliance. In such cases, a certificate documenting the exemption or reduced level of compliance shall be issued to the building owner.
(b)(1) A residential building owner shall provide at least one secure bicycle parking space for each 3 residential units for all new residential buildings and substantially rehabilitated buildings with 8 or more units.
(2) Where it can be demonstrated in a substantially rehabilitated building that providing bicycle parking spaces is not physically practical, that undue economic hardship would result from strict compliance with the regulation, or that the nature of the building use is such that bicycle parking would not be used, the Mayor may grant, upon written application of the owner of the building, an appropriate exemption or reduced level of compliance. In such cases, a certificate documenting the exemption or reduced level of compliance shall be issued to the building owner.
(3) For the purposes of this subsection, "substantially rehabilitated" means any improvement to or renovation of a residential building for which the improvement or renovation equals or exceeds 50% of the assessed value of the building before the rehabilitation. Existing bicycle parking spaces before rehabilitation shall be considered in calculating the total number of required parking spaces under this subsection.
(c) The Mayor shall identify categories that are eligible for appropriate exemption or reduced level of compliance. The categories include "elderly housing", "assisted living facilities", and "nursing homes" as defined in § 44-501.
(d) Any residential buildings that have been exempted from the regulation due to the nature of the use of the building shall provide a minimum number of bicycle parking spaces equal to at least 5% of the number of people employed at the building.
(Feb. 2, 2008, D.C. Law 17-103, § 6, 54 DCR 12213; Apr. 8, 2011, D.C. Law 18-365, § 2(a), 58 DCR 979.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-365, in subsec. (a)(2)(A), substituted "spaces, as determined by the Mayor," for "spaces".
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
Law 18-365, the "Bicycle Commuter and Parking Expansion Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-1002, which was referred to the Committee on Public Works and Transportation. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on January 28, 2011, it was assigned Act No. 18-716 and transmitted to both Houses of Congress for its review. D.C. Law 18- 365 became effective on April 8, 2011.
(a) An owner of a building with office, retail, or service use shall provide a minimum number of bicycle parking spaces at least equal to 5% of the number of automobile parking spaces provided for the building.
(b) If the utilization of the minimum number of bicycle parking spaces is reaching 90% or higher during peak usage periods, the owner of a building with office, retail, or service use shall provide bicycle parking spaces at least equal to 10% of the number of automobile parking spaces provided for the building.
(c) Where it can be demonstrated that providing bicycle parking spaces is not physically practical, that undue economic hardship would result from strict compliance with the regulation, or that the nature of the building use is such that bicycle parking spaces would not be used, the Mayor may grant, upon written application of the owner of the building, an appropriate exemption or reduced level of compliance. In such cases, a certificate documenting the exemption or reduced level of compliance shall be issued to the building owner.
(Feb. 2, 2008, D.C. Law 17-103, § 7, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
(a) Within 90 days of April 8, 2011, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
(b) All rules promulgated under this subchapter shall be submitted to the Council for review and approval.
(Feb. 2, 2008, D.C. Law 17-103, § 8, 54 DCR 12213; Apr. 8, 2011, D.C. Law 18-365, § 2(b), 58 DCR 979.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-365 substituted "Within 90 days of April 8, 2011" for "Within 90 days of February 2, 2008".
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
For history of Law 18-365, see notes under § 50-1641.05.
(a) A violation of this subchapter or the rules issued under authority of this subchapter shall be a civil infraction for the purposes of Chapter 18 of Title 2.
(b) Civil fines, penalties, and fees may be imposed as sanctions for an infraction of § 50-1641.05 or § 50-1641.06, or any rule promulgated under authority of this subchapter, pursuant to Chapter 18 of Title 2.
(c) Six months after April 8, 2001, the Mayor may begin enforcement of § 50- 1641.06(a).
(d) Six months after the effective date of the rules issued pursuant to § 50-1641.07, the Mayor may begin enforcement of § 50-1641.05 and § 50- 1641.06(b) and (c).
(e) Revenues collected from enforcement described in subsections (c) and (d) of this section shall be dedicated to any costs associated with conducting such enforcement.
(Feb. 28, 2008, D.C. Law 17-103, § 8a, as added Apr. 8, 2011, D.C. Law 18-365, § 2(c), 58 DCR 979.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-365, see notes under § 50-1641.05.
Rules promulgated pursuant to this subchapter shall apply to existing, substantially rehabilitated, and new residential, retail, office, and service buildings 6 months after February 2, 2008.
(Feb. 2, 2008, D.C. Law 17-103, § 9, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
Nothing in this subchapter shall supplant any requirements of the Zoning Regulations.
(Feb. 2, 2008, D.C. Law 17-103, § 10, 54 DCR 12213.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-103, see notes following § 50-1641.01.
