D.C. Law 21-161. Public Space Naming Amendment Act of 2016.

D.C. Law 21-161. Public Space Naming Amendment Act of 2016.

AN ACT

To amend the Street and Alley Closing and Acquisition Procedures Act of 1982 to repeal certain provisions and establish new procedures to designate an official name or a symbolic name for an alley or street, or portion thereof, or other public space.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Public Space Naming Amendment Act of 2016".

Sec. 2. The Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-201.01 et seq.), is amended as follows:

Amend § 9-201.01

(a) Section 101 (D.C. Official Code § 9-201.01) is amended as follows:

(1) New paragraphs (5A) and (5B) are added to read as follows:

"(5A) "Official name" means the legal designation of an alley or street, or portion thereof, for use in a mailing address and other official purposes.

"(5B) "Other public space" means a public space other than an alley or street.".

(2) A new paragraph (9) is added to read as follows:

"(9) "Symbolic name" means a ceremonial name given to an alley or street, or portion thereof, or other public space that is in addition and subordinate to its official name.".

Amend § 9-204.01

(b) Section 401 (D.C. Official Code § 9-204.01) is amended as follows:

(1) Paragraph (4) is amended by striking the phrase "Part B" and inserting the phrase "Subtitle B" in its place.

(2) New paragraphs (5), (6), and (7) are added to read as follows:

"(5) For an alley or street, or portion thereof, or other public space, the criteria set forth in Subtitle C of this title shall be met before Council approval.

"(6) Any designation or change of name of an alley or street, or portion thereof, or other public space made before the effective date of the Public Space Naming Amendment Act of 2016, passed on 2nd reading on July 12, 2016 (Enrolled version of Bill 21-614) ("2016 Act"), shall not be affected by any of the 2016 Act requirements.

"(7) This title shall not apply to any street, alley, other public space, or commemorative work not under the jurisdiction of the District of Columbia.".

Amend § 9-204.03

(c) Section 403 (D.C. Official Code § 9-204.03) is amended to read as follows:

"Sec. 403. Alleys.

"(a) An alley that does not provide the primary access to a residential or commercial property shall not be designated with an official name.

"(b) The designation of an alley with an official name or symbolic name shall not constitute a change to its status as an alley, and shall not authorize the addition of any District services to the alley or structures abutting the alley.

"(c) An official name of an alley shall conclude with the term "Alley" or "Court".

"(d) For the purposes of this section, the naming of an alley shall apply to the passageway within a square, unless the Council specifically provides otherwise in legislation.".

Amend § 9-204.03a

(d) Section 403a (D.C. Official Code § 9-204.03a) is amended to read as follows:

"Sec. 403a. Symbolic names.

"(a) The Council may designate a symbolic name for any an alley or street, or portion thereof, or other public space.

"(b) A symbolic name shall not include any of the following terms: "Avenue", "Street", "Road", "Drive", "Place", "Circle", "Alley", or "Court".

"(c) A symbolic name of an alley or street, or portion thereof, shall conclude with the term "Way" or "Plaza".

"(d) For the purposes of this section, the naming of an alley shall apply to the passageway within a square, unless the Council specifically provides otherwise in legislation.".

Repeal § 9-204.06, § 9-204.07, § 9-204.08

(e) Sections 406 (D.C. Official Code § 9-204.06), 407 (D.C. Official Code § 9-204.07), and 408 (D.C. Official Code § 9-204.08) are repealed.

Amend § 9-204.09

(f) Section 409 (D.C. Official Code § 9-204.09) is amended by striking the phrase "the Board of Education, the Board of Library Trustees," and inserting the phrase "the Board of Library Trustees" in its place.

(g) Part B is redesignated as Subtitle B.

(h) A new Subtitle C is added to read as follows:

"Subtitle C. Streets, alleys, and other public spaces.

New part C of subchapter IV of Chapter 2 of Title 9

New § 9-204.21

"Sec. 421. Designation of official names of streets and alleys.

"(a) Any designation of an alley or street, or portion thereof, with an official name shall meet the requirements of sections 402 and 403, as well as the requirements of this section.

"(b) At least 15 days, but no more than 60 days, before the date of a Council hearing to consider legislation to designate the official name of an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall:

"(1) Give written notice of the date, time, and location of the public hearing to each resident and owner of property that abuts the alley or street, or portion thereof, proposed to be designated with an official name; and

"(2) Post signs that indicate the date, time, and location of the public hearing at each intersection of the portion of the alley or street proposed to be designated with any other alley or street.

"(c) The Mayor shall make available the signs to be posted pursuant to subsection (b)(2) of this section.

"(d) At least 30 days before the date of a Council hearing to consider legislation to designate the official name of an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall submit a copy of the proposed legislation for review and comment to each Advisory Neighborhood Commission in which the portion of the alley or street to be designated is located.

"(e) The initiator of a proposal to designate the official name of an alley or street, or portion thereof, shall certify to the Council that the notice required by subsection (b) of this section has been given. A post-office receipt of proof of mailing of the notice to each resident's or property owner's last known address and a photograph of each posted sign shall be sufficient proof that the required notice was given.

"(f) At least 15 days before the date of a Council hearing to consider legislation to designate an official name for an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall submit a petition to the Council in support of the proposal that has been signed by a majority of the residents and owners of property that abuts the portion of the alley or street proposed to be designated with an official name.

"(g) Before consideration by the Council, including a vote of a committee of the Council, of a bill to designate an official name for an alley or street, or portion thereof, the Mayor shall provide the Council with a surveyor's plat showing:

"(1) The alley or street, or portion thereof, to be designated;

"(2) The squares in or adjacent to which the portion of the alley or street to be designated is located; and

"(3) Any squares abutting the squares in or adjacent to which the alley or street to be designated is located.

"(h) The Mayor may establish, by rulemaking, fees to be paid by the initiator of a proposal to designate an official name of an alley or street, or portion thereof, to recoup costs associated with satisfying the requirements of this section, including obtaining consideration of the proposal by the Council and implementation of the proposal by the Mayor.

"(i) If the Mayor or a Councilmember is the initiator of the legislation to designate an official name pursuant to this section, the Mayor shall assist the Council in satisfying the requirements of this section, except that subsections (f) and (h) of this section shall not apply.

New § 9-204.22

"Sec. 422. Designation of official names for other public spaces.

"(a) At least 30 days before the date of a Council hearing to consider legislation to designate an official name for a public space other than an alley or street, or portion thereof, the initiator of the proposal to designate the official name of the public space shall submit a copy of the legislation for review and comment to each Advisory Neighborhood Commission in which the public space is located.

"(b) Before the date of a Council hearing to consider legislation to designate an official name for a public space other than an alley or street, or portion thereof, the Mayor shall provide the Council with comments on the proposed designation submitted by any District agency with jurisdiction over the public space to be designated.

"(c) Before consideration by the Council, including a vote of a committee of the Council, of a bill to designate an official name for a public space other than an alley or street, or portion thereof, the Mayor shall provide the Council with a surveyor's plat showing:

"(1) The public space to be designated;

"(2) The squares in or adjacent to which the public space is located; and

"(3) Any squares abutting the squares in or adjacent to which the public space is located.

"(d) The Mayor may establish, by rulemaking, fees to be paid by the initiator of a proposal to designate an official name of a public space to recoup costs associated with satisfying the requirements of this section, including obtaining consideration of the proposal by the Council and implementation of the proposal by the Mayor.

"(e) If the Mayor or a Councilmember is the initiator of the legislation to designate an official name pursuant to this section, the Mayor shall assist the Council in satisfying the requirements of this section.

New § 9-204.23

"Sec. 423. Designation of symbolic names for public spaces, streets, and alleys.

"(a) Any designation of an alley or street, or portion thereof, with a symbolic name shall meet the requirements of section 403a.

"(b) Before the date of a Council hearing to consider legislation to designate a symbolic name for an alley or street, or portion thereof, or other public space, the initiator of the proposal to designate the symbolic name for the an alley or street, or portion thereof, or other public space shall provide notice of the hearing to each Advisory Neighborhood Commission in which the portion of the alley or street or other public space to be designated is located.

New § 9-204.24

"Sec. 424. Implementation of public space, street, and alley names.

"(a) Following the effective date of an act to designate the official name of an alley or street, or portion thereof, the Mayor shall:

"(1) Update relevant records of the District of Columbia to reflect the official name of an alley or street, or portion thereof, including:

"(A) Fire and Emergency Medical Services Department records;

"(B) Homeland Security and Emergency Management Agency records;

"(C) District of Columbia maps; and

"(D) Any other record of the District of Columbia used for way-finding or address purposes;

"(2) Notify the United States Postal Service, other relevant government agencies as determined by the Mayor, and relevant private sector entities as determined by the Mayor, of the official name of the alley or street, or portion thereof; and

"(3) Install signage indicating the official name of the alley or street, or portion thereof, using procedures established by the District Department of Transportation, and remove any signs with a previous name; provided, that at least one sign bearing the previous name of the alley or street, or portion thereof, shall be transferred to the Archives of the District of Columbia.

"(b) Following the effective date of an act to designate an official name of a public space other than an alley or street, or portion thereof, the Mayor may install signage denoting the public space name. The signage shall conform to the policies of the agency with jurisdiction over the public space.

"(c) Following the effective date of an act to designate an official name of an alley or street, or portion thereof, or other public space, the Surveyor of the District of Columbia shall record a copy of the act and the Surveyor's plat in the Office of the Surveyor.

"(d)(1) When legislation to designate a symbolic name for an alley or street, or portion thereof, or other public space becomes effective, the Mayor may install signage denoting the area of the designation.

"(2) The design used for signage for a symbolic name of an alley or street, or portion thereof, including any replacement signage, shall be uniform and distinct from the design used for signage for official names, except for those signs installed before the effective date of the Public Space Naming Amendment Act of 2016, passed on 2nd reading on July 12, 2016 (Enrolled version of Bill 21-614).".

Note § 9-204.01, § 9-204.11

Sec. 3. Section 2 of the Commemorative Works on Public Space Amendment Act of 2000, effective April 4, 2001 (D.C. Law 13-275; 48 DCR 1660), is amended as follows:

(a) Subsection (b) is amended by striking the phrase "Part A" and inserting the phrase "Subtitle A" in its place.

(b) Subsection (d) is amended by striking the phrase "Part B" and inserting the phrase "Subtitle B" in its place.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.