Section 24-4105. PUBLISHER BOX CORRALS

 

4105.1No person shall place or maintain a publisher box corral on the public sidewalk or other public space without first obtaining a public space permit from the Director.

 

4105.2Unless in conflict with a legal priority established for a business improvement district (BID) concerning streetscape improvements, any person may submit a public space permit application to the Public Space Committee (PSC) for the purpose of installing and maintaining a publisher box corral on public space. 

 

4105.3An application for the installation of a publisher box corral shall include the following:

 

(a)The name and contact information of the person that will be responsible for maintaining the publisher box corral;

 

(b)A site plan drawn to scale showing the location and dimensions of the proposed publisher box corral and any associated new paving, including dimensions to the roadway curb and property line, a dimension specifying the distance to the nearest intersection, and showing all the existing conditions within thirty feet (30 ft.) of the corral location, including any business entrances, transit entrances, bus zones or street car platforms, crosswalks, regulatory signage, light poles, traffic signal lights, traffic control cabinet, and other public street fixtures;

 

(c)A drawing of the publisher box corral showing the front and side views, the method of anchoring or attaching the corral to the ground, and, if proposed by the applicant, the placement and display of a logo or the name of the organization responsible for the corral; 

 

(d)A proposal for the allocation of space within the publisher box corral and any limits on the placement of publisher boxes that allows for the removal or addition of publisher boxes within the corral;

 

(e)Any required approvals by the U. S. Commission of Fine Arts (CFA) and by the D.C. Historic Preservation Review Board; and

 

(f)The application fee required under Section 225 of this title.

 

4105.4The corral shall have an open design and shall be a height of no less than thirty-six inches (36 in.) and no more than forty-two inches (42 in.);

 

4105.5The applicant’s proposal for the allocation of space and any limits on the placement of publisher boxes within the publisher box corral shall be content neutral.

 

4105.6In determining whether to approve an application, the PSC shall allow as much space for publisher boxes as is consistent with pedestrian and vehicular safety and other lawful uses of the public space.

 

4105.7As a condition of the permit, the person responsible for maintaining the publisher box corral shall bear sole responsibility, including the cost, for installing and maintaining the publisher box corral, as well as its removal, should the Director determine that the sidewalk space is needed for another transportation related purpose, such as for a bus zone, bike station or tree space.

 

4105.8The Director shall issue a public space permit for the installation and maintenance of the publisher box corral if:

 

(a) The application has been approved by the PSC; and 

 

(b) All permit fees, pursuant to Section 225 of this title, have been paid.

 

4105.9No person shall place or maintain any advertising on any publisher box corral other than the logo or name of the organization responsible for the publisher box corral.

 

 

authority

Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department), 9j (granting the Director rulemaking authority), and 9(j) (authorizing civil fines and penalties) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), 50-921.05(b), 50-921.18, and 50-921.19 (2014 Repl.& 2015 Supp.)), Sections 604 and 607 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.04 and 10-1141.07 (2013 Repl. & 2015 Supp.)), Subtitle C of Title VI of the Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §§ 10-1181.01 et seq. (2013 Repl. & 2015 Supp.)), and the Public Space Enforcement Amendment Act of 2014, effective March 11, 2015 (D.C. Law 20-207; 61 DCR 12690 (December 19, 2014)).

source

Final Rulemaking published at 63 DCR 14191 (November 18, 2016).