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DISTRICT OF COLUMBIA PUBLIC LIBRARY
NOTICE OF FINAL RULEMAKING
The District of Columbia Public Library Board of Trustees, pursuant to the authority set forth in An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; D.C. Official Code § 39-105 (2012 Repl.)); hereby gives notice of amendment of Chapter 8 (Public Library) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR), by the addition of a new Section 820.
The Board of Library Trustees, through D.C. Official Code § 39-105 (2012 Repl.), designated the Chief Librarian/Executive Director to establish rules and manage the day-to-day operations of the library. On June 29, 2015, the Chief Librarian/Executive Director of the District of Columbia Public Library (“DCPL”) approved the adoption of the proposed new section to the District of Columbia Public Library Regulations regarding Permits, to Chapter 8, Title 19 DCMR. The proposed section will provide the DCPL the ability to issue permits in accordance with Fiscal Year 2016 Budget Support Act of 2015.
A Notice of Proposed Rulemaking was published in the D.C. Register on November 6, 2015 at 62 DCR 14352 to amend the rules to reflect the current policies at the DCPL. One comment was received from ANC 3C Commissioners. DCPL considered and addressed the comments, and determined that changes were not necessary.
These rules shall become effective on the date of publication of this notice in the D.C. Register.
Chapter 8, PUBLIC LIBRARY, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended to add a new section as follows:
Section 820, PERMITS, is amended to read as follows:
820 PERMITS
820.1 The Board of Library Trustees or designee may issue permits to members of the public for private use of DCPL property after payment of a fee reasonably determined to cover the costs that will be incurred by DCPL.
820.2 The Chief Business Officer or designee may issue permit conditions, guidelines or policies and require their acceptance by the permit holder prior to the issuance of a permit, provided that the conditions are:
(a) Approved by the Board of Library Trustees or designee;
(b) Made available to the public on DCPL’s website; and,
(c) Included on the permit application.
820.3 The Chief Business Officer or Designee shall be responsible for keeping records and compiling reports detailing the permits issued.
820.4 Revenue generated from the issuance of permits shall be deposited into the DCPL Revenue Generating Activities Fund, and spent prior to the end of the fiscal year in which it was received.
820.5 Permits are non-transferable and cannot be resold or reassigned.
820.6 Permit holders are required to obtain and maintain liability insurance in an amount determined by the DCPL Risk Manager.
820.7 The following activities are prohibited on DCPL property:
(a) Campaign events and activities;
(b) Gambling;
(c) Possession or use of illegal substances;
(d) Possession or use of explosives, firecrackers or firearms;
(e) Weapons of any type;
(f) Use of alcohol without prior written consent from the Chief Librarian/ Executive Director or use of alcohol that violates DCPL Order No. 404-07-2015.
820.8 Permit holders may solicit donations subject to the District of Columbia Charitable Solicitation Act, approved July 10, 1957 (71 Stat 278; D.C. Official Code §§ 44-1701 et seq.)
820.9 DCPL reserves the right to revoke or temporarily suspend a permit, or change a permit location. DCPL may deny, cancel or revoke a permit in cases where a permit holder:
(a) Violates District law or DCPL rules and policies;
(b) Poses a risk to the health, safety or welfare of the public; or,
(c) Disrupts DCPL operations.
