§ 5-331.06. Notice and plan approval process for First Amendment assemblies -- processing applications; appeals; rules.
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Current through October 23, 2012
(a)(1) Subject to the appeal process set forth in subsection (d) of this section, the authority to receive and review a notice of and an application for approval of a plan for a First Amendment assembly on District streets, sidewalks, and other public ways, and in District parks, and to grant, deny, or revoke an assembly plan, is vested exclusively with the Chief of Police or his or her designee.
(2) Persons or groups providing notice to and applying for approval of a plan from the District government to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall not be required to obtain approval for the assembly from any other official, agency, or entity in the District government, including the Homeland Security and Emergency Management Agency, the Mayor's Special Events Task Group, or the Department of Parks and Recreation.
(b)(1) The Chief of Police shall take final action on a notice of and an application for approval of a plan for a First Amendment assembly within a reasonably prompt period of time following receipt of the completed application, considering such factors as the anticipated size of the assembly, the proposed date and location, and the number of days between the application date and the proposed assembly date, and shall establish specific timetables for processing an application by rules issued pursuant to subsection (e) of this section.
(2) Except as provided in paragraph (3) of this subsection, where a complete application for approval of a First Amendment assembly plan is filed 60 days or more prior to the proposed assembly date, the application shall receive final action no later than 30 days prior to the proposed assembly.
(3) Following the approval of an assembly plan in response to an application pursuant to paragraph (2) of this subsection, the Chief of Police may, after consultations with the person or group giving notice of the assembly, amend the plan to make reasonable modifications to the assembly location or route up until 10 days prior to the assembly date based on considerations of public safety.
(c) The Chief of Police shall inform the person or group giving notice of an assembly, in writing, of the reasons for any decision to:
(1) Deny an application for approval of a First Amendment assembly plan;
(2) Revoke an assembly plan prior to the date of the planned assembly; or
(3) Approve an assembly plan subject to time, place, or manner restrictions that the applicant has advised the Chief of Police are objectionable to the applicant.
(d)(1) Any applicant whose proposed assembly plan has been denied, revoked prior to the date of the planned assembly, or granted subject to time, place, or manner restrictions deemed objectionable by the applicant, may appeal such decision to the Mayor or the Mayor's designee, who shall concur with, modify, or overrule the decision of the Chief of Police.
(2) The Mayor shall make a decision on appeal expeditiously and prior to the date and time the assembly is planned to commence, and shall explain in writing the reasons for the decision.
(e)(1) Within 90 days of April 13, 2005, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, and in accordance with this subchapter, shall issue rules governing the approval of plans to persons or groups seeking to conduct a First Amendment assembly on District streets, sidewalks, or other public ways, or in District parks.
(2) Existing procedures for the issuance of permits to persons or groups seeking to conduct a First Amendment assembly on District streets, sidewalks, or other public ways, or in District parks, that are not inconsistent with this subchapter shall remain in effect pending the issuance of the rules promulgated under paragraph (1) of this subsection.
(Apr. 13, 2005, D.C. Law 15-352, § 106, 52 DCR 2296; Mar. 14, 2007, D.C. Law 16-262, § 406, 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-262, in subsec. (a)(2), substituted "Homeland Security and Emergency Management Agency" for "District of Columbia Emergency Management Agency".
Legislative History of Laws
For Law 15-352, see notes following § 5-331.01.
Law 16-262, the "Homeland Security, Risk Reduction, and Preparedness Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-242, which was referred to Committee on Judiciary. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-618 and transmitted to both Houses of Congress for its review. D.C. Law 16-262 became effective on March 14, 2007.
Delegation of Authority
Delegation of Mayor's Rulemaking Authority under Section 106(e)(1) of the First Amendment and Police Standards Act, see Mayor's Order 2006-37, March 17, 2006 (53 DCR 5077).
Delegation of Authority-City Administrator, see Mayor's Order 2006-108, August 11, 2006 (53 DCR 7301).
