Section 24-4106. RELOCATING OR REMOVING PUBLISHER BOXES

 

4106.1Any person owning or maintaining a publisher box located within the perimeter of the Presidential Inauguration Parade Route, as defined by the U.S. Secret Service prior to the inauguration, shall remove or relocate the publisher box to a location outside the parade route perimeter at least one (1) day prior to the inauguration. The publisher box may be returned to its original position the day after the inauguration.

 

4106.2An authorized agent of the D.C. government or the U.S. government may relocate a publisher box under circumstances where crowd control or public safety is an immediate concern as follows: 

 

(a)Relocating a publisher box from within the security perimeter of the presidential inauguration parade route the day before the inauguration;

 

(b)Relocating a publisher box from within the security perimeter established for an event when the Metropolitan Police Department (MPD) has determined that the presence of the publisher box poses an eminent safety threat to the public; provided advance notice of the event and the need for relocating the publisher box has been sent by DDOT to the email address of the permittee and, if different, the person responsible for maintaining the publisher box; or

 

(c)Replacing a fallen publisher box to its upright position.

 

4106.3Prior to the start of a DDOT street reconstruction project, the temporary occupancy of public space in connection with construction work on private property, or other work in the sidewalk that will take longer than two (2) weeks and will require the temporary removal of a publisher box from public space, the contractor performing the work shall provide notice to the person responsible for maintaining the publisher box to remove the publisher box from the planned work zone provided the person’s contact information is displayed on the publisher box. 

 

4106.4The contractor performing the work shall provide notice to remove a publisher box pursuant to § 4106.3 by mail and by email at least fifteen (15) days prior to the time the work will commence. The request shall include the following information:

(a)A detailed description or map showing the location and extents of the work zone;

 

(b)The approximate date the work will commence;

 

(c)The approximate date when the work will be completed; and

 

(d)The phone number and email address of the person who may be contacted for additional information.

 

4106.5Upon the commencement of work, the contractor performing the work may relocate any publisher box that has not been removed from the work zone to the nearest available location on the adjacent sidewalk without providing additional notice.

 

4106.6Prior to the commencement of a sidewalk replacement project or for other work performed in the sidewalk requiring the temporary relocation of a publisher box for no more than two (2) weeks, the contractor performing the work may temporarily relocate the publisher box to the nearest available location on the adjacent sidewalk without first providing notice to the person responsible for maintaining the publisher box.

 

4106.7Following the completion of work in the sidewalk pursuant to § 4106.6, the contractor shall endeavor to return the publisher box to its original location on the sidewalk.

 

4106.8Prior to the installation of transportation related infrastructure, such as a new bus zone, bus shelter or bike station, the Director shall provide notice to the person responsible for maintaining the publisher box to relocate any publisher box under their control from the planned bus zone, bus shelter area or bike station area; provided the person’s contact information or the permit sticker is displayed on the publisher box. 

 

4106.9The Director shall provide notice to relocate a publisher box pursuant to § 4106.8 by mail and by email at least fifteen (15) days prior to the time the new bus zone will be put into service.  The request shall include the following information:

 

(a)A detailed description or map showing the location of the new bus zone, bus shelter or bike station;

 

(b)The approximate date the bus zone will be put into service as a bus stop or the approximate date when a bus shelter or bike station will be installed;

 

(c)If applicable, the date when the enforcement of the bus zone placement violation may commence; and

 

(d)The phone number and email address of the person at DDOT who may be contacted for additional information.

 

 

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).