Section 24-4107. REMOVAL OF A HAZARDOUS PUBLISHER BOX

 

4107.1No person shall leave in or upon any public space any hazardous publisher box.  A hazardous publisher box shall be defined as any publisher box that is in a wrecked, incinerated or otherwise irreparable condition such that it poses an imminent hazard to public safety and welfare.

 

4107.2Any publisher box that has been deemed to be an actual or potential hazardous publisher box may be removed from public space immediately by an authorized agent of DDOT. 

 

4107.3The removal of a hazardous publisher box shall be conducted in accordance with the requirements of D.C. Official Code § 921-19(d)(1), to include the issuance of a notice of infraction pursuant to the Civil Infractions Act and § 4109 of this chapter.

 

4107.4Notwithstanding § 4107.3, if no legible contact or ownership information is available on the hazardous publisher box, the Director shall post information regarding the removal of the hazardous publisher box and the notice of infraction on the Department’s website pursuant to § 4109 of this chapter and include the following additional information:

 

(a)The condition of the hazardous publisher box necessitating its immediate removal from public space; and

 

(b)A description of the publisher box, including any identifying information that is printed on or affixed to the publisher box.

 

 

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).