The Council of the District of Columbia is authorized and empowered after public hearings to make, and the Mayor of the District of Columbia is authorized and empowered to enforce, such regulations as the Council may deem advisable to (insofar as necessary to promote the public health, safety, morals, and welfare) control, restrict, and govern the erection, hanging, placing, painting, display, and maintenance of all outdoor signs and other forms of exterior advertising on public ways and public space under the Mayor's control and on private property within public view within the District of Columbia, and such regulations as may be promulgated hereunder shall have the force and effect of law.
(Mar. 3, 1931, 46 Stat. 1486, ch. 399, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-325.
1973 Ed., § 1-231.
Temporary Amendments of Section
Section 2(a) of D.C. Law 19-181 rewrote the section to read as follows:
"(a) The Mayor shall issue, amend, repeal and enforce rules governing the hanging, placing, painting, display, and maintenance of signs on public space owned or controlled by the District and on private property within public view within the District. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
"(b) The rules shall, at a minimum:
"(1) Determine the types of signs that shall be allowed and prohibited and establish permit requirements for signs where appropriate;
"(2) Establish standards for the location, size, and illumination of different types of signs;
"(3) Allow for the display of signs that contribute to a healthy business environment and civic communication while protecting the health, safety, convenience, and welfare of the public, including protection of the appearance of outdoor space throughout the District;
"(4) State the specific requirements for large signs and billboards;
"(5) Establish standards for signs on historic sites or in historic areas;
"(6) Provide structural requirements for signs to ensure their safety;
"(7) Ensure compliance with federal highway requirements;
"(8) Provide for the creation of Designated Entertainment Areas to allow for the display of additional signs; and
"(9) Establish permit fees and fines and other penalties for violations of the sign rules.".
Section 11(b) of D.C. Law 19-181 provides that the act shall expire after 225 days of its having taken effect.
Temporary Addition of Section
Section 2(b) of D.C. Law 19-181 added a section to read as follows:
"Sec. 1a. Adjudication of infractions of the rules issued pursuant to section 1 shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (D.C. Law 6-42; D.C. Official Code § 8-801.01 et seq.) ('Civil Infractions Act'), and the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.) ('Litter Control Act'), as applicable. The Mayor may, through rulemaking, establish a schedule of fines and penalties for infractions of these rules that are separate from the fines and penalties imposed under the Civil Infractions Act and the Litter Control Act. These rules shall be subject to Council review and approval as described in section 1.".
Section 11(b) of D.C. Law 19-181 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).
For temporary (90 day) addition, see § 2(b) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).
For temporary (90 day) amendment of section, see § 2(a) of Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749).
For temporary (90 day) addition, see § 2(b) of Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749).
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(8) 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.
(a) No person, persons, firm, or corporation shall engage in the business of erecting, hanging, placing, painting, displaying, or maintaining any sign for outdoor display within the District of Columbia without first having obtained a license therefor from the Superintendent of Licenses of the District of Columbia, which license shall bear an identification number; provided, that no license shall issue without the prepayment of $14 to the District of Columbia Treasurer, and a fee of $28, paid biennially. For good cause shown the Mayor of the District of Columbia shall have the power to reject any application for a license hereunder, or, where license has been issued, to revoke it, or, upon determination of liability therefor, to impose civil fines pursuant to Chapter 18 of Title 2.
(b) Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 of the District of Columbia Code.
(Mar. 3, 1931, 46 Stat. 1486, ch. 399, § 2; Sept. 14, 1976, D.C. Law 1-82, title I, § 102, 23 DCR 2461; Oct. 5, 1985, D.C. Law 6-42, § 421, 32 DCR 4450; Sept. 26, 1995, D.C. Law 11-52, § 301, 42 DCR 3684; Apr. 20, 1999, D.C. Law 12-261, § 2003(a), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15- 38, § 3(a), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-326.
1973 Ed., § 1-232.
Effect of Amendments
D.C. Law 15-38, in subsec. (b), substituted "General Services and Repair endorsement to a basic business license under the basic" for "Class B General Services and Repair endorsement to a master business license under the master".
Temporary Repeal of Section
Section 2(c) of D.C. Law 19-181 repealed this section.
Section 11(b) of D.C. Law 19-181 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(a) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) repeal of section, see § 2(c) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).
For temporary (90 day) repeal of section, see § 2(c) of Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749).
Legislative History of Laws
Law 1-82 was introduced in Council and assigned Bill No. 1-237, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on March 23, 1976, and April 6, 1976, respectively. Signed by the Mayor on June 22, 1976, it was assigned Act No. 1-135 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 1-303.01.
Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 15-38, the "Streamlining Regulation Act of 2003", was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.
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.
Miscellaneous Notes
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office (consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3 dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner's Order No. 69-96, dated March 7, 1969. The collection functions of the Director of the Department of Finance and Revenue was transferred to the District of Columbia Treasurer by § 47-316 on March 5, 1981.
Transfer of function: Commissioner's Order No. 69-96, dated March 7, 1969, transferred to the Director of the Department of Economic Development the function of business and professional licensing. The Department of Economic Development was replaced by the Department of Licenses, Investigation and Inspections by Mayor's Order 78-42, dated February 17, 1978. The functions of the Department of Licenses, Investigations, and Inspections were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983.
(a) Any person, persons, firm, or corporation, whether as principal, agent, or employee, violating §§ 1-303.21 to 1-303.23 or any of the regulations promulgated pursuant to said sections shall, upon conviction thereof in the Superior Court of the District of Columbia, be fined not less than $5 nor more than $200 for each and every offense, and a like fine shall be imposed for each and every day thereafter that such violation of law shall continue: Provided, that the regulations promulgated hereunder shall be printed in one of the daily newspapers published in the District of Columbia, and no penalty prescribed for the violation of said regulations shall be enforced until 30 days after the publication of such regulations.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of §§ 1-303.21 to 1-303.23, or any rules or regulations issued under the authority of §§ 1-303.21 to 1- 303.23, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of §§ 1-303.21 to 1-303.23 shall be pursuant to Chapter 18 of Title 2.
(Mar. 3, 1931, 46 Stat. 1486, ch. 399, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 5, 1985, D.C. Law 6- 42, § 457, 32 DCR 4450.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-327.
1973 Ed., § 1-233.
Temporary Amendments of Section
Section 2(d) of D.C. Law 19-181 rewrote the section to read as follows:
"Sec. 4. (a) In addition to the remedies applicable under section 1a, the Mayor may summarily abate a violation of rules issued under section 1 if the violation presents a hazard to the public. In these circumstances, the permit holder and the owner of the property where the sign is displayed shall be entitled to an expedited hearing within 72 hours after the abatement.
"(b) Unauthorized signs and signs that are otherwise out of compliance with rules issued under section 1 shall be removed within 10 days after the permit holder, or the owner or occupant of the premises where the sign is displayed, receives a written notice of violation from the Mayor. The owner and occupant of the premises where the sign is displayed and the permit holder shall be responsible for removing the sign and may be held responsible for any penalties imposed for the violation. If the owner, occupant, or permit holder fails to remove the sign within the 10-day period and fails to request a hearing, the Mayor may remove the sign and the owner, occupant, and permit holder shall be responsible for the costs of the removal.".
Section 11(b) of D.C. Law 19-181 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(d) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).
For temporary (90 day) amendment of section, see § 2(d) of Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749).
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 1-303.01
