§ 10-137.01. Authority of the Director of the Department of Recreation and Parks to regulate District parks.
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Current through October 23, 2012
(a) The Council finds that, in order to protect the public health and safety, environmental and scenic values, natural or cultural resources, equitable allocations and use of District park facilities, and to alleviate conflict among park visitors, it is necessary to implement management responsibilities for District parks.
(b) The Director of the Department may:
(1) Establish a reasonable schedule of hours for the operation of parks;
(2) Impose limits, conditions, and restrictions on the public use of parks;
(3) Close all or a portion of a park area to public use or to a specific use or activity; or
(4) Terminate a limit, condition, restriction, or any other decision made pursuant to this subsection.
(c)(1) Except in emergency situations, the Director of the Department shall inform the public of closures, designations, use restrictions or conditions, or the termination or relaxation of such, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the park area, adversely affect the park's natural, aesthetic, scenic or cultural values, require a long-term or significant modification in the resource management objectives of the unit, or is of a highly controversial nature, by publishing such changes as rulemaking in the District of Columbia Register and a major Washington, D.C. metropolitan newspaper.
(2) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the Director of the Department shall prepare a written determination justifying the action. That determination shall set forth the reasons why the restriction, condition, public use limit or closure authorized by subsection (b) of this section has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition, public use limit or closure previously established under subsection (b) of this section, a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination shall be available to the public upon request.
(d) To implement a public use limit, the Director of the Department may establish a permit, registration, or reservation system. Permits shall be issued in accordance with, or in exception to, the criteria in subsection (b) of this section. Applications for use permits may be sent to the Director of the Department, 30 days in advance of the event, by writing a letter which describes the event including the date, day, starting and ending time of the event, a description of what the event will be, and approximately how many people are expected.
(e) Violating a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use limit is prohibited. The District of Columbia Metropolitan Police Department may enforce the provisions contained in subsection (b) of this section. Any person violating the provisions of subsection (b) of this section may be punished by a fine of not more than $100 or by imprisonment for not more than 90 days, or both.
(July 1, 1898, ch. 543, § 6a, as added Mar. 16, 1995, D.C. Law 10-226, § 2, 42 DCR 1; Apr. 18, 1996, D.C. Law 11-110, § 19, 43 DCR 530.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 8-137.1.
1981 Ed., § 8-137.1.
Temporary Addition of Section
Section 2 of D.C. Law 17-336 added a section to read as follows:
"Sec. 2. Analysis of proposed child day care services and senior citizen programs.
"(a) The Mayor shall submit to the Council a comprehensive analysis of proposed child day care services and senior citizen programs offered by the Department of Parks and Recreation prior to the closing, discontinuing, or relocating of any child day care or senior citizen program offered by the department.
"(b) The analysis shall include:
"(1) A pedestrian safety and transportation option analysis for participants near proposed, closed, or discontinued locations to the nearest site with comparable services;
"(2) The possible effect, if any, on any federal funding of the closing, discontinuing, or relocating of services and programs; and
"(3) A plan to increase participation in the affected programs and services."
Section 4(b) of D.C. Law 17-336 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2 of Day Care and Senior Services Emergency Act of 2008 (D.C. Act 17-615, December 19, 2008, 56 DCR 42).
For temporary (90 day) addition, see § 2 of Day Care and Senior Services Congressional Review Emergency Act of 2009 (D.C. Act 18-25, March 16, 2009, 56 DCR 2313).
Legislative History of Laws
Law 10-226, the "Parks Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-443, which was referred to the Committee on Public Services and Youth Affairs. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Deemed approved without the signature of the Mayor on December 28, 1994, it was assigned Act No. 10-367 and transmitted to both Houses of Congress for its review. D.C. Law 10-226 became effective on March 16, 1995.
Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.
References in Text
Pursuant to Mayor's Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.
