5165364 Mayor, Executive Office of the - Notice of Second Proposed Rulemaking - To amend Title 24 to clarify that signs may not be displayed or projected onto public spaces or buildings unless authorized by law
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OFFICE OF THE MAYOR
NOTICE OF SECOND PROPOSED RULEMAKING
The Mayor of the District of Columbia, pursuant to the Sign Regulation Authorization Amendment Act of 2012 (Act), effective April 27, 2013 (D.C. Law 19-289; 60 DCR 2328 (March 1, 2013)); Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code §§ 1-303.21 et seq. (2012 Repl.)); Mayor’s Order 2011-181, dated October 31, 2011; and Sections 8 and 10 of the Litter Control Administration Act of 1985 (Litter Control Act), effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code §§ 8-807 and 8-810 (2013 Repl.)); hereby gives notice of his intent to adopt amendments to Section 108 (Signs, Posters, and Placards) of Chapter 1 (Occupation and Use of Public Space), and Section 1380 (Schedule of Fines for Violations of the Litter Control Administration Act) of Chapter 13 (Civil Fines Under D.C. Law 6-100), of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).
The amendments clarify that signs, aside from those otherwise authorized by law, shall not be displayed or projected on public space, buildings, or property owned or controlled by the Mayor, and that violations of this prohibition shall be enforceable under the Litter Control Act by the Director of the District Department of Transportation. The amendments also establish a civil infraction for the display or projection of these signs and civil penalties for violations.
This rulemaking is based on an ongoing need to control the projection of commercial images on public buildings in the District. In the past, a private party projected a large advertising image on the façade of the Reeves Center. The projection of this unauthorized advertisement detracted from the Reeves Center’s image as a major location for District government activity. It could also have conveyed the impression to members of the public that the District endorsed the product advertised or has made it a practice to sell space on public buildings for commercial messages, thereby undermining public confidence in the District government. The District’s current sign rules do not clearly prohibit the projection of such images and do not contain an enforcement mechanism adequate to deter this type of activity. Action is therefore necessary to prevent a repetition of this unauthorized use of public property.
This Notice of Proposed Rulemaking was previously published in the D.C. Register on June 13, 2014 at 61 DCR 5999. The proposed rulemaking has been changed in response to comments received following its publication. This republication reflects those changes. Because the changes to the original rulemaking are minor, there is good cause to shorten the period for public comment on the revised rules to ten (10) days.
The Mayor also gives notice of his intent to take final rulemaking action to adopt these amendments in not less than ten (10) days after the date of publication of this notice in the D.C. Register. Section 2(a) of the Act requires the Mayor to submit the proposed rulemaking to the Council for a forty-five (45) day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed rules shall not become effective until the rulemaking is approved or deemed approved by the Council and a Notice of Final Rulemaking is published in the D.C. Register.
Chapter 1, OCCUPATION AND USE OF PUBLIC SPACE, of Title 24 DCMR, PUBLIC SPACE AND SAFETY, is amended as follows:
Section 108, SIGNS, POSTERS, AND PLACARDS, is amended by adding a new Subsection 108.14 to read as follows:
108.14 Except as otherwise authorized by this section, by other applicable District law, or by the express written consent of the Mayor or the independent agency or instrumentality with jurisdiction over the public building or other public property, it shall be unlawful for a private party to display or project on public space, a public building, or any other property owned or controlled by the District any structure, standard, or image used as a sign, bulletin, or advertisement, or to convey a message. Violation of this subsection shall be enforceable under the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code §§ 8-801 et seq.), by the Director of the District Department of Transportation.
Chapter 13, CIVIL FINES UNDER D.C. LAW 6-100, is amended as follows:
Section 1380, SCHEDULE OF FIINES FOR VIOLATIONS OF THE LITTER CONTROL ADMINISTRATION ACT, amends Subsection 1380.3 by adding a new infraction after the existing infraction for “Signs or posters on public space”, to read as follows:
Signs on public Yes 1st violation within 60-day period $ 150
on public 2nd violation within 60-day period $ 300
space, buildings, 3rd violation within 60-day period $ 600
or property 4th violation within 60-day period $ 2000
(24 DCMR 108.14)
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing no later than ten (10) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Laurie A. Ensworth, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20014, or laurie.ensworth@dc.gov. Copies of these proposed rules may be obtained at the same address.
