Code of the District of Columbia

Part D. General.


§ 10–1104.01. Regulations authorized.

The Council of the District of Columbia after public hearing is authorized to make and promulgate regulations to carry out the purposes of this subchapter. The regulations initially adopted by the Council under the authority of this section to carry out the purposes of part C of this subchapter shall become effective on the effective date of such sections, if, not less than 10 days prior to such date, the Council has adopted such regulations and printed a notice of such adoption in a newspaper of general circulation in the District. Otherwise, the regulations adopted by the Council under the authority of this section shall become effective 10 days after notice of their adoption has been printed in a newspaper of general circulation in the District.


(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title IV, § 401.)

Prior Codifications

1981 Ed., § 7-1016.

1973 Ed., § 7-917.

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.


§ 10–1104.02. Insurance requirements.

The Mayor shall, in connection with authorizing the use of any public space under the authority of this subchapter, require the person authorized to use such space, prior to any such use, to secure a policy of public liability and property damage insurance or other acceptable security providing for such minimum limits of liability as may be required by the Mayor. Any such insurance policy shall include the District and its officers and employees as additional parties insured and shall be cancellable only after 30 days written notice of such cancellation has been received by the Mayor. No such use of public space shall be authorized or continued for any period unless such insurance or other security is maintained in full force and effect during that period. Nothing herein contained shall be construed as requiring either the United States or the District to secure a policy of public liability and property damage insurance or other security covering any use of public space by either of the said governments under the authority of this subchapter.


(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title IV, § 402.)

Prior Codifications

1981 Ed., § 7-1017.

1973 Ed., § 7-918.

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.


§ 10–1104.03. Service of orders and notices.

(a) Any order or notice required by this subchapter to be served shall be deemed to have been served when served by any of the following methods:

(1) When forwarded by certified mail to the last known address of the owner as recorded in the real estate assessment records of the District, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address; provided, that valid service upon the owner shall be deemed effected:

(A) If such order or notice shall be refused by the owner and not delivered for that reason; or

(B) When delivered to the person to be notified; or

(C) When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or

(D) If no such residence or place of business can be found in the District by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said order or notice relates; or

(E) If any such order or notice forwarded by certified mail be returned for reasons other than refusal, or if personal service of any such order or notice, as hereinbefore provided, cannot be effected, then if published for 1 day each week for 3 consecutive weeks in a daily newspaper published in the District; or

(F) If by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided.

(2) Any order or notice to a corporation shall, for the purposes of this subchapter, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of orders or notices on natural persons holding property in their own right; and orders or notices to a foreign corporation shall, for the purposes of this subchapter, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District.

(b) In case such order or notice is served by any method other than personal service, notice shall also be sent to the owner by ordinary mail.


(Oct. 17, 1968, 82 Stat. 1163, Pub. L. 90-596, title IV, § 403.)

Prior Codifications

1981 Ed., § 7-1018.

1973 Ed., § 7-919.


§ 10–1104.04. Enforcement; penalties.

(a) A violation of this subchapter or a rule issued in accordance with this subchapter shall be enforced and adjudicated pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). The Mayor may also enforce a violation of this subchapter or a rule issued in accordance with this subchapter pursuant to §  50-921.19(a), (c), (d), (e), and (f).

(b) A person who violates a provision of this subchapter may be punished by a fine not exceeding $100 or imprisonment for not more than 10 days.


(Oct. 17, 1968, 82 Stat. 1163, Pub. L. 90-596, title IV, § 404; Mar. 11, 2015, D.C. Law 20-207, § 6(b), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1019.

1973 Ed., § 7-920.

Effect of Amendments

The 2015 amendment by D.C. Law 20-207 rewrote this section.

Editor's Notes

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

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.


§ 10–1104.05. Deposit of rents collected. [Repealed]

Repealed.


(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 405; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1020.

1973 Ed., § 7-921.

Editor's Notes

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

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.


§ 10–1104.06. Appropriations. [Repealed]

Repealed.


(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 406; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1021.

1973 Ed., § 7-922.

Editor's Notes

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.


§ 10–1104.07. Separability. [Repealed]

Repealed.


(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 407; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1022.

1973 Ed., § 7-923.

Editor's Notes

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.


§ 10–1104.08. Subchapter not to affect provisions of § 9-113.04.

Nothing contained in this subchapter shall be construed to affect in any manner the provisions of § 9-113.04 [repealed] with respect to streets heretofore or hereafter dedicated in accordance with the provisions of such section, and to make use of the parking on any such street in accordance with the terms of the 4th proviso of such section, relating to the height of parking and the projection of buildings beyond the building line, the District’s right-of-way through said parking for sewers and water mains free of cost, and the use of the parking by the District for the construction of sidewalks.


(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 408.)

Prior Codifications

1981 Ed., § 7-1023.

1973 Ed., § 7-924.

References in Text

Section 7-117 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 4 of this title.


§ 10–1104.09. Effective dates. [Repealed]

Repealed.


(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 409; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)

Prior Codifications

1981 Ed., § 7-1024.

1973 Ed., § 7-925.

Editor's Notes

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

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.