3967220 Signs, Posters, and Placards Emergency and Proposed Rulemaking

OFFICE OF THE MAYOR

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Mayor of the District of Columbia, pursuant to the Sign Regulation Authorization Emergency Amendment Act of 2012 (Act), effective July 11, 2012 (D.C. Act 19-387; 59 DCR 8491), and any substantially similar successor legislation; 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, effective July 11, 2012 (D.C. Act 19-387; D.C. Official Code § 1-303.21); 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 (2008 Repl.)), hereby gives notice of the adoption, on an emergency basis, of 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) 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 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 emergency action is based on an immediate need to control the projection of commercial images on public buildings in the District.  Recently, 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.  Emergency action is therefore necessary to prevent a repetition of this unauthorized use of public property. 

 

This rulemaking was adopted on October 19, 2012 and took effect immediately.  It shall remain in effect for one hundred twenty (120) days or until publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

 

The Mayor also gives notice of his intent to take final rulemaking action to adopt these amendments in not less than forty-five (45) 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.    

 

I.                   Section 108 (Signs, Posters, and Placards) of Title 24 DCMR (Public Space and Safety) is amended by adding a new subsection 108.14 to read as follows:

 

 

108.14             Except as otherwise authorized by this section or by other applicable District law, 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.

 

II.                Subsection 1380.3 of Chapter 13 (Civil Fines Under D.C. Law 6-100) of Title 24 (Public Space and Safety) is amended by adding a new infraction after the existing infraction for “Signs or posters on public space” to read as follows:

Signs on public            Yes                  1^st violation within 60-day period  $ 150

on public                                             2^nd violation within 60-day period $ 300

space, buildings,                                  3^rd violation within 60-day period  $ 600

or property                                          4^th 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 thirty (30) 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 [e-mail].  Copies of these proposed rules may be obtained at the same address.