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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 10. Parks, Public Buildings, Grounds, and Space. |
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Subtitle III. Use of Public Space. |
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Chapter 11. Rental and Utilization of Public Space. |
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Subchapter I. General. |
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Part B. Rental of Public Space on or Above Surface of Ground.
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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, 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. 1331, Pub. L. 90-596, title II, § 201.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1004.
1973 Ed., § 7-905.
Emergency Act Amendments
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).
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 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
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.
Miscellaneous Notes
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".
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."
(a) To participate in a street festival, the lessee of a building that fronts and abuts the closed street may rent, pursuant to § 10-1102.01, the public space immediately fronting and abutting the building which the lessee occupies. This rental of public space shall be subject to the following conditions:
(1) No holder of a license issued pursuant to § 25-104, shall rent public space pursuant to this subsection, except the holder of a retailer's license, Class C or a retailer's license, Class D as defined in subchapter II of Chapter 1 of Title 25. The provisions of this subsection shall not alter the terms and conditions of these licenses in any other way.
(2) Only a lessee who occupies the entire street level of the building, or, where there is no street level, a lessee who occupies either the entire floor immediately above street level or the entire floor immediately below street level may rent the sidewalk in accordance with this subsection.
(3) The rental period pursuant to this section shall begin with the closing of the street in preparation for the street festival and shall end with the reopening of the street, or for 24 hours, whichever is shorter.
(4) Public space rented pursuant to this subsection shall:
(A) Not include any area within the street; and
(B) Be subject to all conditions of § 10-1102.01, except the submission of the proposed rental to the Commission on Fine Arts.
(b) The rent for the use of public space as provided for in subsection (a) of this section shall be $1.00 per square foot for the duration of the rental period, except the rent by the holder of a retailer's license, Class C or a retailer's license, Class D as defined in subchapter II of Chapter 1 of Title 25, shall be $2.00 per square foot for the duration of the rental period. Rent shall be paid in advance to the Metropolitan Police Department for the payment of costs associated with the closing of the street for the street festival.
(c) Business associations shall be allowed to obtain permits on behalf of multiple festival permit participants.
(d) For the purposes of this section "street festival" means any event for which a temporary street closing permit has been issued and which meets the following conditions:
(1) The licensee to whom the street closing permit was issued is a nonprofit organization;
(2) The street closed is zoned for primarily retail use; and
(3) The festival uses the street closed primarily to rent to retail vendors.
(Oct. 17, 1968, 82 Stat. 1331, Pub. L. 90-596, title II, § 201a, as added Apr. 3, 2001, D.C. Law 13-258, § 2, 48 DCR 767.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 13-258, the "Street Festival One Day Public Space Rental Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-798, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 22, 2000, it was assigned Act No. 13-545 and transmitted to both Houses of Congress for its review. D.C. Law 13-258 became effective on April 3, 2001.
The Council of the District of Columbia shall by regulation provide for the payment of rent for the use of public space as authorized by this part. The annual rent for such space shall be a fair and equitable amount fixed by the Council from time to time in accordance with regulations adopted by it, generally establishing categories of use and providing that the rent for each category of use shall bear a reasonable relationship to the assessed value of the privately owned land abutting such space, depending on the nature of the category of use and the extent to which the public space may be utilized for such purpose, but in no event shall the annual rent for the public space so utilized be at a rate of less than 4 per centum per annum of the current assessed value of an equivalent area of the privately owned space immediately abutting the public space so utilized; provided, that the annual rent for public space used as an unenclosed sidewalk cafe shall be $5 per square foot and the annual rent for public space used as an enclosed sidewalk cafe shall be $10 per square foot. Unenclosed flower and fruit stands shall be charged the same rate as unenclosed sidewalk cafes, and enclosed flower and fruit stands shall be charged the same rate as enclosed sidewalk cafes. Such rent shall be payable in advance for such periods as may be fixed by the Council. In the event the Mayor requires any person using public space under the authority of this part to vacate all or part of any space for which rent has been paid, the Mayor is authorized to refund so much of such prepaid rent as may be represented by the amount of space so vacated and by the length of time remaining in the period for which rent was paid.
(Oct. 17, 1968, 82 Stat. 1158, Pub. L. 90-596, title II, § 202; Sept. 17, 1982, D.C. Law 4-148, § 5, 29 DCR 3361; Sept. 10, 1992, D.C. Law 9-145, § 101(a), 39 DCR 4895; Aug. 6, 1993, D.C. Law 10-11, § 117, 40 DCR 4007; Sept. 30, 1993, D.C. Law 10-25, § 117, 40 DCR 5489.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1005.
1973 Ed., § 7-906.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 117 of Omnibus Budget Support Temporary Act of 1993 (D.C. Law 10-11, August 6, 1993, law notification 40 DCR 6213).
For temporary (225 day) amendment of section, see § 501(b)(1) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).
Emergency Act Amendments
For temporary amendment of section, see § 117 of the Omnibus Budget Support Emergency Act of 1993 (D.C. Act 10-32, June 3, 1993, 40 DCR 3658).
For temporary (90-day) amendment of section, see § 2(b) of the Street Festival One Day Permit Emergency Amendment Act of 1999 (D.C. Act 13-129, August 4, 1999, 46 DCR 6646).
Legislative History of Laws
Law 4-148, the "Enclosed Sidewalk Cafe Act of 1982," was introduced in Council and assigned Bill No. 4-334, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 8, 1982, and July 6, 1982, respectively. Signed by the Mayor on July 21, 1982, it was assigned Act No. 4-219 and transmitted to both Houses of Congress for its review.
Law 9-145, the "Omnibus Budget Support Act of 1992," was introduced in Council and assigned Bill No. 9-222, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 12, 1992, and June 2, 1992, respectively. Approved without the signature of the Mayor on June 22, 1992, it was assigned Act No. 9-225 and transmitted to both Houses of Congress for its review. D.C. Law 9-145 became effective on September 10, 1992.
D.C. Law 10-25, the "Omnibus Budget Support Act of 1993," was introduced in Council and assigned Bill No. 10-165, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 1, 1993, and June 29, 1993, respectively. Signed by the Mayor on July 16, 1993, it was assigned Act No. 10-57 and transmitted to both Houses of Congress for its review. D.C. Law 10-25 became effective on September 30, 1993.
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.
The Mayor is authorized, with respect to property subject to the requirements of § 9-113.04, to allow the same use to be made of such property as, under the authority of this part, he allows to be made of the public space abutting such property. Any such use of such property shall be subject to the same conditions as are applicable to the use of the abutting public space, with the exception of the payment of rent.
(Oct. 17, 1968, 82 Stat. 1158, Pub. L. 90-596, title II, § 203; 1973 Ed., § 7-907.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-1006.
1973 Ed., § 7-907.
References in Text
Section 9-113.04, referred to in the first sentence was repealed, effective March 10, 1983, by D.C. Law 4-201, § 713. For present provisions regarding the naming of public places, see subchapter IV of Chapter 2 of Title 9.
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.
