Section 19-717. PRIORITY OF PERMITTED USES

 

717.1Except for applicants for seasonal permits, the first applicant to submit a request for a permitted use shall have priority.

 

717.2If more than one (1) applicant is seeking a permit for the same permitted use or equipment at the same time, the Department shall establish the following priority:

 

(a) Department-sponsored activities;

 

(b) Non-profit partners such as Programmatic Partners, Park Partners, and Collaborative Partners or designated organizations recognized by the Department in a written agreement;

 

(c) Athletic programs organized by DCPS, District public charter schools, or the DCSAA for competitive league play and not for intramurals;

 

(d) Youth non-profit organizations, including schools, principally serving District residents; 

 

(e) Adult non-profit organizations principally serving District residents;

 

(f) Other organizations, groups, or individuals for private use that are based in the District; and then

 

(g) Others.

 

717.3When more than one (1) applicant is seeking a permit for property or equipment for the same property at the same time, the Department may mediate between competing users and propose a reasonable and proportionate schedule of use, shared use, a proposed alternative property, or denial. 

 

717.4Pursuant to Subsection 717.3, DPR will weigh the following factors in mediation:

 

(a) Historical use: twenty-five percent (25%);

 

(b) The number of youth District residents served: twenty-five percent (25%);

 

(c) The use is not offered by other groups: twenty percent (20%);

 

(d) The use is the primary use intended for the property: fifteen percent (15%); and

 

(e) Other reasonable considerations by the Department: fifteen percent (15%).

 

717.5As to the mediating parties, upon request, DPR will provide a written explanation of its decision as to the permit application. 

 

717.6When considering priority, the Department may block out time for open community use or for permitted activities that do not involve an organized league.

 

 

authority

Sections 5 and 7a of the Recreation Act of 1994 (the Recreation Act), effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code §§ 10-304 and 307 (2013 Repl.)), and Sections 6 and 6a of An Act to Vest in the Commissioners of the District of Columbia Control of Street Parking in said District, approved July 1, 1898 (30 Stat. 571; D.C. Official Code §§ 10-137 and 10-137.01 (2013 Repl.)).

source

15 DCRR § 4.3 (August 10, 1970 and December 23, 1970); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016).