Section 24-525. VENDING LOCATIONS: SIDEWALK VENDING

 

525.1All sidewalk Vending Locations shall be in accordance with the following standards:

 

(a)Sidewalk Vending Locations shall only be located along streets within:

 

(1)The Central Vending Zone;

 

(2)Neighborhood Vending Zones;

 

(3)The Old Georgetown Vending Zone; and

 

(4)The Nationals Park Vending Zone.

 

(b)No more than three (3) sidewalk Vending Locations shall be designated on  any side of any city block;

 

(c)No sidewalk Vending Location shall be designated:

 

(1)In front of a predominately residential building outside the Central  Vending Zone;

 

(2)On the median strip of a divided roadway, unless the strip is  intended for use as a pedestrian mall or plaza;

 

(3)Along the length of a Metrobus Stop Zone, a commuter bus zone,  an intercity bus zone, or other curbside zone specifically  designated and demarcated as being for transit use;

 

(4)In a location that is on or that impedes free access to service or  ventilation grates or covers;

 

(5)On a restricted street designated in § 526.3; or

 

(6)Within any area under the exclusive jurisdiction of the United  States Park Police, the United States Capitol Police, or any other  agency of the United States government;

 

(d)Within the Central Vending Zone, sidewalk vending shall be prohibited on  sidewalks unless:

 

(1)A ten foot (10 ft.) clear passageway is maintained;

 

(2)The street is specifically exempted in § 526; or

 

(3)The DDOT Director waives this restriction pursuant to § 525.2;

 

(e)Outside the Central Vending Zone, sidewalk vending shall be prohibited  on sidewalks unless:

 

(1)A seven foot (7 ft.) clear passageway is maintained;

 

(2)The sidewalk is specifically exempted in §§ 527, 528, or 529; or

 

(3)The DDOT Director waives this restriction pursuant to § 525.2;

 

(f)No sidewalk Vending Location shall be designated within:

 

(1)Twenty feet (20 ft.) of the driveway entrance to a police or fire  station;

 

(2)Ten feet (10 ft.) of any other driveway;

 

(3)Ten feet (10 ft.) of an alley;

 

(4)Ten feet (10 ft.) of another sidewalk Vending Location;

 

(5)Twenty feet (20 ft.) of the street-level entry to a Metrorail escalator;

 

(6)Ten (10 ft.) of the street-level door to a Metrorail elevator;

 

(7)A marked loading zone, entrance zone, or parking space  designated for diplomatic parking, or other curbside location  restricted for certain vehicles or uses;

 

(8)One hundred feet (100 ft.) of the entrance to a District or federal  courthouse, or within such greater distance as may be designated  by the DDOT Director upon the written request of the courthouse  administrator;

 

(9)Ten feet (10 ft.) of a fire hydrant or in-ground fire stand pipe;

 

(10)One hundred feet (100 ft.) of the main entrance to a building that is  predominantly used for a primary or secondary school, unless  operations at the Vending Location are restricted to non-school  days and time periods on school days that begin at least thirty (30)  minutes after school has been dismissed at the end of the school  day.  The DDOT Director may increase the minimum distance that  a sidewalk Vending Location may be located from a specific  school upon the written request of the Chancellor of the District of  Columbia Public Schools or the principal of that school;

(11)Twelve feet (12 ft.) of any crosswalk when on the vehicle approach  side of the Vending Location and crosswalk;

 

(12)Five feet (5 ft.) from any crosswalk when not on the vehicle  approach side of the Vending Location and crosswalk; and

 

(13)Five feet (5 ft) from a building’s marked fire control room.

 

525.2Upon the request of the DCRA Director, the DDOT Director may waive the minimum passageway requirement of §§ 525.1(d) or 525.1(e) if the DDOT Director determines there will not be an adverse impact on, among other things, pedestrian circulation and public safety. The DCRA Director shall note on the Vending Site Permit the issuance of the waiver by the DDOT Director.

 

525.3The passageway required by §§ 525.1(d) and 525.1(e) shall be measured from the closest allowable projection of the vending cart or stand to the nearest building, private property line, or interruption of the public space by a public amenity or fixture, whichever is nearest.

 

authority

Sections 5 and 18 of Mayor-Commissioner Regulation No. 74-39, effective December 13, 1974 (21 DCR 1285), as amended by the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293), Reorganization Plan No. 1 of 1986, effective August 21, 1986, the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), and Mayor’s Order 2010-91, dated May 27, 2010; Sections 101(b), 2002(b), and 2 of the Omnibus Regulatory Reform Amendment Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code §§ 47-2851.04(c)(1), 47-2851.05(d), and 47-2851.12 (2005 Repl. & 2012 Supp.)); Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.04 and 2-1801.05 (2007 Repl. & 2012 Supp.)); and Mayor’s Order 86-38, dated March 4, 1986.

source

Final Rulemaking published at 36 DCR 6846 (September 29, 1989); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).