Section 24-706. NOTICE AND PLAN APPROVAL PROCESS FOR FIRST AMENDMENT ASSEMBLIES: PROCESSING APPLICATIONS

 

706.1Subject to the appeal process set forth in Section 712, the authority to receive and review a notice of and an application for approval of a plan for a First Amendment assembly on District streets, sidewalks, and other public ways, and in District parks, and to grant, deny, or revoke an assembly plan, is vested exclusively with the Chief of Police or his or her designee.

 

706.2Persons or groups providing notice to and applying for approval of a plan from the District government to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall not be required to obtain approval for the assembly from any other official, agency, or entity in the District government, including the District of Columbia Emergency Management Agency, the Mayor's Special Events Task Group, or the Department of Parks and Recreation.

 

706.3Applications for plan approval shall be filed not less than fifteen (15) days prior to the proposed date of the event. Applicants are encouraged to submit applications for approval of an assembly plan as far in advance as is practical. The purpose of the notice and plan approval process is to avoid situations where more than one group seeks to use the same space at the same time. Early submission gives the Chief of Police or his or her designee and the applicant the maximum time to resolve any issues that may arise, and minimizes the possibility that an approved plan will already have been issued to another group for the desired time and place. It also provides the Metropolitan Police Department and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.

 

706.4The Chief of Police or his or her designee shall take final action on a notice of and an application for approval of a plan for a First Amendment assembly within a reasonably prompt period of time following receipt of the completed application, considering such factors as the anticipated size of the assembly, the proposed date and location, and the number of days between the application date and the proposed assembly date.

 

706.5Where a complete application for approval of a First Amendment assembly plan is filed sixty (60) days or more prior to the proposed assembly date, the application shall receive final action no later than thirty (30) days prior to the proposed assembly. This provision shall not apply where the applicant has voluntarily agreed to waive the thirty (30) day time limit.

 

706.6Following the approval of an assembly plan under this Chapter, the Chief of Police or his or her designee may, after consultations with the person or group giving notice of the assembly, amend the plan to make reasonable modifications to the assembly location or route up until ten (10) days prior to the assembly date based on considerations of public safety.

 

706.7Where modifications to the assembly location or route are requested by the applicant, the approved plan may be amended at any time by the Chief of Police or his or her designee prior to the date of the event in accordance with the applicant's request.

 

706.8Where applications to approve a First Amendment assembly plan are not submitted in a timely manner, the Chief of Police or his or her designee may deny an application in the interest of public safety based on the criteria set forth in Subsection 706.9. Applications filed less than ten (10) days prior to the proposed date of the event shall receive favorable action only if there is sufficient time to review the application and to coordinate with the event organizers to resolve questions or problems concerning the application.

 

706.9A proposed First Amendment assembly plan shall be approved if, after consideration of the application and other information that may otherwise be obtained, the Chief of Police or his or her designee concludes that:

 

(a)The conduct of the event will not substantially interrupt the safe and orderly movement of other vehicular and pedestrian traffic contiguous to its route;

 

(b)The conduct of the event will not divert such numbers of police officers from their normal police duties that the city would be deprived of reasonable police protection;

 

(c)The concentration of persons, animals, and vehicles in the assembly and disbanding areas and along the event route will not substantially interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;

 

(d)The conduct of the event route will not substantially interfere with any of the designated Emergency Evacuation Routes outlined in the District Response Plan;

 

(e)The event is scheduled to move from its assembly location to its disbanding location expeditiously and without unreasonable delays enroute;

 

(f)The event will not substantially interfere with any other event for which an assembly plan has already been approved;

 

(g)The applicant has not materially misrepresented any facts or information set forth in the application for the an assembly plan;

 

(h)The applicant has furnished proof that, if the assembly or disbanding locations or the route of event, encroach upon, occupy, or traverse any area within the jurisdiction of the federal or non-District local governments, permits or permission have been obtained from the appropriate authorities; and

 

(i)The proposed event does not create a substantial possibility of violent, disorderly conduct likely to endanger public safety or to result in significant property damage.

 

706.10Any person seeking approval of a First Amendment assembly plan shall file an application with the Chief of Police on a form issued by the Chief of Police in person or by mail at the Metropolitan Police Department, Special Operations Division Headquarters, currently located at 2301 L Street, N.W., Washington, D.C. 20037. Application forms can be obtained online at mpdc.dc.gov. Application forms will also be sent by fax upon request, and may be filed by fax at 202-727-6839.

 

706.11The person or group requesting approval of a First Amendment assembly plan shall make representations concerning the nature of the event, sufficient for the Chief of Police or his or her designee to classify the activity as a First Amendment assembly within the meaning of Subsection 705.2, and, in addition, shall provide the following information:

 

(a)The name, address, and telephone number of the sponsoring organization (if any) and its chief officer;

 

(b)The name, address, and telephone number of the applicant and the person or persons chiefly responsible for the conduct of the event, if other than the applicant;

 

(c)The purpose of the event;

 

(d)The date when the event is to be conducted;

 

(e)The approximate times when the event is to begin and end, and the approximate times when assembly for, and disbanding of, the event are to take place;

 

(f)The specific proposed route of the event if it is a parade, march, race, or walk-a-thon;

 

(g)The locations of the assembly area, any related stands or other structures, and the disbanding area for the event;

 

(h)The approximate number of persons, animals, and vehicles that will constitute the event;

 

(i)A description of the types of animals; the types of vehicles to be used; the number of bands and other musical units and sound trucks to be used; and the number, type, and size of banners, placards, and signs to be used; and

 

(j)The number of persons who will be designated to monitor the event and the name of the person in charge.

 

706.12The Chief of Police or his or her designee shall, in writing, either approve the application for the proposed First Amendment assembly plan, as submitted, if consistent with these regulations, or, if not, inform the person or group giving notice of an assembly of the reasons for any decision to:

 

(a)Deny an application for approval of a First Amendment assembly plan;

 

(b)Revoke an assembly plan pursuant to Section 711; or

 

(c)Approve an assembly plan subject to time, place, or manner restrictions that the applicant has advised the Chief of Police are objectionable to the applicant.

 

706.13If a timely-filed application is denied or modified, the applicant shall be served with a written notice of denial or modification, stating the specific reasons therefore, at least ten (10) days prior to the proposed date of the proposed event.

 

706.14Service of the notice of denial or modification shall be made personally or by certified mail. At the applicant's request, a copy of the notice shall also be sent by fax or by e-mail.

 

706.15If the late filing of an application or ongoing negotiations concerning the terms of plan approval make it impractical to issue a written notice of denial or modification at least ten (10) days prior to the proposed date of the event, every effort shall be made to promptly notify the organizers of the event once a decision to deny or modify the application has been made; and a written notice of denial or modification shall be served as soon as reasonably possible.

 

 

authority

Section 106(e)(1) of the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-352; D.C. Official Code § 5-331.06(e)(1)); and Mayor’s Order 2006-37, dated March 17, 2006.

source

Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR §§ 102.1 – 102.3, Special Edition (November 1980); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008).