6153891 Transportation, District Department of - Notice of Proposed Rulemaking - Residential Permit Parking Rulemaking

DISTRICT DEPARTMENT OF TRANSPORTATION

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the District Department of Transportation (DDOT), pursuant to the authority in Sections 3(b), 5(a)(3)(D) (allocating and regulating on street parking and curb regulations), 6(b) and (c) (transferring certain transportation related functions to DDOT), and 7 (delegating and redelegating all transportation related authority to DDOT) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.02(b), 50-921.04(a)(3)(D), 50-921.05(b) and (c), and 50-921.06 (2014 Repl. & 2016 Supp.)), and Section 6(a)(1), (a)(6), and (b) of the District of Columbia Traffic Act, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-2201.03(a)(1), (a)(6), and (b) (2014 Repl.)), hereby gives notice of this proposed action to adopt rules that amend Chapters 24 (Stopping, Standing, Parking, and Other Non-Moving Violations), 26 (Civil Fines For Moving And Non-Moving Infractions), and 99 (Definitions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).

 

The proposed regulations will: (1) revise and add definitions to related terms identified in this rulemaking; (2) establish criteria for the modification of residential permit parking (RPP) and resident-only parking restrictions on established RPP streets; (3) establish a fine for parking unlawfully in a resident-only parking area without a permit; (4) remove any provisions in Chapter 24 with location-specific details; (5) update citations to violations in Chapter 26 of Title 18; (6) repeal Section 2403, Emergency Parking Permits; (7) clarify how on-street and point-to-point car-sharing vehicles are issued permits; (8) include parking meters as a traffic control device to indicate the times that parking, stopping, or standing applies according to Chapter 24;  (9) add a no parking, stopping, or standing with no sign required reference for a shared use path; and (10) repeal references to specific visitor permits issued to residents in Performance Parking Pilot Zone.

 

Final rulemaking action to adopt these amendments shall be taken in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

Chapter 24, STOPPING, STANDING, PARKING, AND OTHER NON-MOVING VIOLATIONS, of Title 18 DCMR, VEHICLES AND TRAFFIC, is amended as follows:

 

Section 2400, PROPER PARKING: GENERAL REQUIREMENTS AND PROHIBITIONS, is amended as follows:

 

Subsection 2400.6 is amended to read as follows:

 

2400.6             The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times, or at those times herein specified, or as indicated on official signs and parking meters, except when it is necessary to stop a vehicle to avoid conflict with other traffic or when complying with the direction of a police officer or official traffic control device.

 

Section 2401, LOADING AND UNLOADING VEHICLES, is amended by repealing Subsection 2401.9 in its entirety.

 

Section 2403, EMERGENCY PARKING PERMITS, is repealed in its entirety.

 

Section 2405, STOPPING, STANDING, OR PARKING PROHIBITED: NO SIGN REQUIRED, is amended as follows:

 

Subsection 2405.1(g) is amended to read as follows:

 

(g)       In a bicycle lane or shared use path;

 

Subsection 2405.2(c) is amended to read as follows:

 

(c)       Except as provided in § 2440.2 of this title, within forty feet (40 ft.) of the intersection of curb lines of intersecting streets or within twenty-five feet (25 ft.) of the intersection of curb lines on the far (non-approach) side of a one-way street; except that trucks vending ice cream shall park curbside when stopping to make a sale, as close as possible to a pedestrian cross-walk without entering the intersection or obstructing the pedestrian cross-walk and without unduly interfering with the flow of traffic.

 

A new Subsection 2405.7 is added to read as follows:

 

2405.7             Parking is permitted within a legal curved driveway located in the front of any one-family detached dwelling at any time, provided vehicles do not extend into or obstruct the sidewalk.

 

Section 2406, PARKING PROHIBITED BY POSTED SIGN, is amended as follows:

 

Subsection 2406.12 is amended to read as follows:

 

2406.12           The Director is authorized to establish reserved on-street parking spaces for the exclusive use of car-sharing vehicles provided:

 

                        (a)        The Director may establish reserved on-street parking spaces for the exclusive use of car-sharing vehicles pursuant to public right-of-way occupancy permits issued pursuant to 24 DCMR § 3313.

            

(b)        Unauthorized vehicles parked in such spaces shall be in violation of and subject to the fine set forth in § 2601.

 

(c)        The Director may issue annual permits, described in paragraph (d) of this subsection, to on-street car-sharing vehicles. The annual permits shall entitle the permitted vehicle to the same parking privileges and restrictions contained in § 2406.18 (c), (d), (e), and (f).

 

(d)       The annual permit for an on-street car-sharing vehicle shall be a non-transferrable sticker, which shall include the phrases “Zone 9” or “Car Sharing Vehicle”.  The sticker shall be affixed by its own adhesive to the lower left (driver’s) side of the windshield so that its contents are clearly visible through the windshield of the vehicle.

 

Subsection 2406.18 is amended as follows:

 

Paragraphs (e), (f), and (g) are amended to read as follows:

 

(e)                Car-sharing vehicles registered in the point-to-point car-sharing program may not be parked at times and locations in the District when and where parking is prohibited, including but not limited to a.m. and p.m. rush hour restricted streets, designated street cleaning times, on-street parking spaces for the exclusive use of persons with disabilities, spaces reserved for the use of other types of vehicles and designated emergency or evacuation routes when an emergency is in effect;

 

(f)                Notwithstanding § 2435.2  of this chapter, a point-to-point car-sharing vehicle registered in the point-to-point car-sharing program may park in any residential permit parking zone, provided it displays a valid annual permit described in paragraph (g) of this subsection;

 

(g)               The annual permit for a point-to-point car-sharing vehicle shall be a non-transferable sticker, which shall include the phrases “Zone 9” or “Car Sharing Vehicle”, or any successor phrases. The sticker shall be affixed by its own adhesive to the lower left (driver's) side of the windshield so that its contents are clearly visible through the windshield of the vehicle; 

 

Sections 2411, RESIDENTIAL PERMIT PARKING, 2412, ESTABLISHMENT AND APPROVAL OF RESIDENTIAL PERMIT PARKING AREAS, and 2413, ISSUANCE OF RESIDENTIAL PARKING PERMITS, are repealed in their entirety.

 

Section 2414, VISITOR OR TEMPORARY PERMITS, is amended as follows:

 

Subsection 2414.11 is amended to read as follows:

 

2414.11          Each housing unit located on a residential permit parking block or an ERPP block as defined by § 2438 in the VPP program area shall be eligible to receive one (1) annual visitor parking pass.

 

Section 2416, PENALTY, is amended as follows:

 

Subsection 2416.1 is amended to read as follows:

 

2416.1             It shall be a violation of the provisions of §§ 2414 through 2415, and §§ 2432 through 2441, for any person to falsely represent himself or herself as eligible for a residential permit parking sticker or permit, annual visitor parking pass, or temporary visitor parking permit, or to furnish any false information in an application for a residential permit parking sticker or permit, annual visitor parking pass, or temporary visitor parking permit. A violation of this subsection shall be punishable by a fine of $ 300 and any sticker or permit issued as a result of false information shall be void.

 

Subsection 2416.3 is amended to read as follows:

 

2416.3             Failure, when requested, to surrender a residential permit parking sticker or permit, annual visitor parking pass , or temporary visitor parking  permit revoked by the Director or the Chief of Police shall constitute a violation of the provisions under §§ 2414 through 2415 and §§ 2432 through 2441.

 

Subsection 2416.4 is amended to read as follows:

 

2416.4             Any person who violates any of the provisions of §§ 2414 through 2415 and §§ 2432 through 2441 shall, upon determination of liability, be subject to a civil fine established pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code §§ 50-2301.01 et seq.).

 

Section 2424, PERFORMANCE PARKING PILOT ZONE, is amended as follows:

 

The section heading is amended to read as follows:

 

2424                PERFORMANCE PARKING ZONE

 

The lead-in text of Subsection 2424.4 is amended to read as follows:

 

2424.4            Notwithstanding §§ 2402, 2404, 2414,  and 2431 through 2441, the operator of a motor vehicle shall pay the rate posted on the applicable parking meter and abide by the associated time restrictions in the Ballpark Performance Parking Zone, except as provided below:

 

Subsection 2424.5 is amended to read as follows:

 

2424.5             Notwithstanding §§ 2402, 2404, 2414, and  2431 through 2441, the Director at his or her discretion may designate any blocks within the Ballpark Performance Parking Zone to be included in the Residential Parking Permit Program.  A current listing of the designated blocks shall be posted for public access on the DDOT website.

 

Subsection 2424.6 is amended to read as follows:

 

2424.6             All streets within the Ballpark Performance Parking Zone that are west of South Capitol Street will be restricted where appropriate to state “Zone 6 Resident Parking Only, 7 A.M. to Midnight, Monday through Sunday, Zone 6 Residential Parking Permit Holders and Zone 6 Visitor Pass Permit Holders Exempt”, and all streets within the Ballpark Performance Parking Zone that are east of South Capitol Street with “Zone 6 Resident Parking Only, 7 A.M. to 9:30 P.M., Monday through Saturday, Zone 6 Residential Parking Permit Holders and Zone 6 Visitor Pass Permit Holders Exempt”.

 

The lead-in text of Subsection 2424.8 is amended to read as follows:

 

2424.8             Notwithstanding §§ 2402, 2404, 2414, 2424.7,  2428, and 2431 through 2441, the initial rates for parking meters in the Ballpark Performance Parking Zone shall be as follows:

 

Subsection 2424.9 is repealed in its entirety.

 

New Sections 2431 through 2441 are added to read as follows:

 

2431                [RESERVED]

           

2432                RESIDENTIAL PERMIT PARKING – GENERAL

 

2432.1             The Residential Permit Parking (RPP) program is established to restrict parking on designated blocks in the District as follows:

 

(a)                Parking on a block may be restricted so that only motor vehicles registered to residents who live in the applicable RPP parking zone may be parked on the block; provided that motor vehicles not registered to residents who live in the applicable RPP parking zone may be parked on the block for up to two (2) hours; and

 

(b)               Parking on a block may be restricted so that only motor vehicles registered to residents who live in the applicable RPP parking zone, or vehicles with annual visitor parking passes as established in § 2414 of this title, may be parked on the block. 

 

2433              RESIDENTIAL PERMIT PARKING – BOUNDARIES OF RESIDENTIAL PERMIT PARKING ZONES

 

2433.1             Each Ward of the District shall constitute a separate RPP parking zone; provided, that census tract 79.03 (starting at the corner of Nineteenth Street, N.E., and Benning Road, N.E., east along said Benning Road, N.E., to Oklahoma Avenue, N.E.; thence in a southerly direction along said Oklahoma Avenue, N.E., to C Street, N.E.; thence west along said C Street, N.E., to Nineteenth Street, N.E.; thence north along said Nineteenth Street, N.E., to the point of beginning) shall be included in the RPP parking zone for Ward 6.

 

2433.2             A vehicle displaying a valid residential parking permit may park on any residential permit parking street within one (1) block of any street that serves as the boundary of a residential permit parking zone.

 

2434              RESIDENTIAL PERMIT PARKING – STANDARDS AND PROCESS FOR DESIGNATING RESIDENTIAL PERMIT PARKING BLOCKS

 

2434.1             Notwithstanding the notice requirements in §§ 6 and 10 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat 1204; D.C. Official Code §§ 2-505 and 2-509 (2012 Repl.)), the Director may at his or her discretion designate any residential block as a residential permit parking block, if residents on that block petition the Director for such designation, provided that:

 

(a)                Based on at least three (3) distinct observations during any weekday between 7:00 a.m. and 6:30 p.m., DDOT determines that the motor vehicles parked on the street occupy at least seventy percent (70%) of the parking spaces of the block; and

 

(b)               Based on at least three (3) distinct observations during any weekday between 7:00 a.m. and 6:30 p.m., DDOT determines that at least ten percent (10%) of the motor vehicles parked on the street are not registered in that residential permit parking zone.

 

2434.2             When designating a block as part of the RPP program, the Director shall determine whether curb space abutting a place of worship, healthcare facility, school, park, or recreational facility on that block will be included in the RPP program. This determination shall be made based on the existing parking supply and the demand for parking for the place of worship, healthcare facility, school, park, or recreational facility, as well as the residential parking demand in adjacent blocks.

 

2434.3             For the Director to consider designating any residential block as a residential permit parking block, the petition referred to in § 2434.1 must be signed by at least one (1) adult resident of a majority of the households on that block.

 

2434.4             The Director will accept petitions from residents on blocks that: (1) are subject to parking prohibitions, including but not limited to, weekday a.m. and p.m. rush hour restrictions; and (2) are surrounded by blocks which are designated as RPP blocks.

 

2434.5             A petition is not necessary, and the Director may at his or her discretion designate for residential permit parking, any block where any one of the following criteria is met:

 

(a)        The block to be designated has no residences fronting on it, and the block abuts the side or rear of residences already included in the RPP program;

 

(b)        The block to be designated abuts a park or recreational facility, and the block is adjacent to a block that is in the RPP program;

 

(c)        The block to be designated is within five (5) blocks of a commercial district or any other private or public facility that accommodates five hundred (500) or more people, such as a theater, concert hall, convention center, stadium, nightclub, university, or any other major traffic generator; or

 

(d)       Less than twenty percent (20%) of curbside space in the block to be designated is available for resident parking.

 

2434.6             In cases where a petition represents less than a majority of the individual households on the block, but where circumstances suggest to the Director that a majority of the residents may support residential permit parking, the Director may, at his or her discretion, initiate a vote on whether or not the block shall be part of the residential parking program.

 

2434.7             For the vote referred to in § 2434.6, one ballot shall be distributed to each household on the block.  A majority of those ballots returned to DDOT within fifteen (15) days of their date of distribution shall be regarded as indicating the will of the residents of the block as to residential permit parking.

 

2435              RESIDENTIAL PERMIT PARKING – DAYS, HOURS, AND RESTRICTIONS FOR RESIDENTIAL PERMIT PARKING

 

2435.1             If a block is designated as a residential permit parking (“RPP”) block pursuant to § 2434 of this chapter, the times and days during which the RPP restrictions shall apply shall be from 7:00 a.m. to 8:30 p.m., Monday through Friday; unless stopping, standing, or parking is restricted during that time period pursuant to a separate provision of this chapter (such as the provision authorizing rush hour parking restrictions) or by provision of law.

 

2435.2             During the time periods the residential permit parking restrictions apply, no vehicle without a valid RPP sticker for that RPP zone may park for more than two (2) hours.

 

2435.3             Pursuant to § 2436, the days or hours during which residential permit parking restrictions apply on a block designated as an RPP block may be expanded or modified.

 

2435.4            Pursuant to § 2437, Resident Only  Parking restrictions may be applied to all blocks participating in the RPP program within an ANC; provided, that no more than fifty percent (50%) of available parking spaces in each residential block, as determined by the Director, shall be designated with Resident Only Parking restrictions.

 

2435.5             Additional restrictions specific to parking a motor vehicle on a residential permit parking block may be imposed within a performance parking zone. Any such restrictions shall be included in the implementation plan for the applicable performance parking zone.

 

2436                RESIDENTIAL PERMIT PARKING MODIFYING THE DAYS OR HOURS OF RESIDENTIAL PERMIT PARKING RESTRICTIONS

 

2436.1             Notwithstanding the notice requirements in §§ 6 and 10 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat 1204; D.C. Official Code §§ 2-505 and 2-509 (2012 Repl.)), within each residential permit parking zone, the Director may re-designate, at his or her discretion, the days or hours for residential permit parking of any specific block which meets all of the following criteria:

 

(a)                A petition has been submitted to the Director, signed by at least one (1) adult resident of a majority of the households on the block, supporting the change to the days or hours for residential permit parking restrictions for their specific block;

 

(b)               At least one (1) year has passed between the date on which the block was designated by DDOT as a residential permit parking block and the date on which the petition is filed;

 

(c)                The petition is accompanied by a resolution from the Advisory Neighborhood Commission within which the block is located, supporting the change to the days or hours; and

 

(d)               The block meets the following criteria:

 

(1)      Based on at least one (1) distinct observation during the requested hours, DDOT determines that the motor vehicles parked on the block occupy at least seventy percent (70%) of the parking spaces of the block; and

 

(2)      Based on at least one (1) distinct observation during the requested hours, DDOT determines that at least ten percent (10%) of the motor vehicles parked on the block are not registered in that residential permit parking zone.

 

2436.2             Notwithstanding § 2436.1, the Director shall determine whether a block abutting a place of worship, healthcare facility, school, park, or recreational facility shall be included in the modified RPP zone. This determination shall be made based on the existing parking supply and the demand for parking for the place of worship, healthcare facility, school, park, or recreational facility, as well as the residential parking demand in adjacent blocks.

 

2436.3            Before taking action on the petition, DDOT shall publish a Notice of Intent on the DDOT website.

 

2437                RESIDENTIAL PERMIT PARKING – RESIDENT-ONLY PARKING

 

2437.1             Notwithstanding the notice requirements in §§ 6 and 10 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat 1204; D.C. Official Code §§ 2-505 and 2-509 (2012 Repl.)), the Director may re-designate residential permit parking blocks as resident-only parking blocks if all of the following criteria are met:

 

(a)        An Advisory Neighborhood Commission (“ANC”) passes a resolution petitioning DDOT to designate all blocks participating in the RPP program within that ANC as resident-only parking blocks;

 

(b)        At least one (1) year has passed between the date on which the majority of blocks in the ANC were designated as residential permit parking blocks and the date of the resolution;

 

(c)        The resolution lists at least five (5) blocks within the ANC as being impacted by increased parking demands and requiring additional parking restrictions; and

 

(d)       The standards set forth in § 2437.2 are satisfied.

 

2437.2             After receiving a petition from an ANC requesting resident-only parking, the Director may modify the RPP restrictions on any blocks participating in the RPP program within the ANC if all of the following conditions are met:

 

(a)                There is a major traffic generator within or abutting the ANC;

 

(b)               The parking needs, in excess of two (2) hours, of visitors to any place of worship, healthcare facility, school, park, or recreational facility within the ANC are considered according to the following criteria:

 

(1)               More than seventy-five percent (75%) of parking demand from the place of worship, healthcare facility, school, park, or recreational facility is unmet by off-street parking; and

 

(2)               The place of worship, healthcare facility, school, park, or recreational facility does not require parking for more than twenty-five percent (25%) of the requested hours and days during which residential permit parking restrictions would apply.

 

(c)                Based on at least three (3) distinct observations of the five (5) or more blocks listed in the ANC petition required by § 2437.1 during any weekday between 7:00 a.m. and 8:30 p.m., the motor vehicles parked on the block occupy at least eighty-five percent (85%) of the parking spaces; and

 

(d)               Based on at least three (3) distinct observations during any weekday between 7:00 a.m. and 8:30 p.m., at least fifty percent (50%) of the motor vehicles parked within the five (5) or more blocks listed in the ANC petition required by § 2437.1 are not registered in that RPP zone.

 

(e)                The Director may, at his or her discretion, modify the observation hours described in § 2437.2(c) and (d).

 

2437.3             Notwithstanding § 2437.2, the Director shall determine whether a block abutting a place of worship, healthcare facility, school, park, or recreational facility shall be included in the Resident Only Parking zone.  This determination shall be made based on the existing parking supply and the demand for parking for the place of worship, healthcare facility, school, park, or recreational facility, as well as the residential parking demand in adjacent blocks.

 

2437.4            Pursuant to § 2437.1,  Resident Only Parking restrictions shall be applied to all blocks participating in the RPP program within an ANC; provided, that no more than fifty percent (50%) of available parking spaces of each residential block, as determined by the Director, shall be designated with Resident Only Parking restrictions.

 

2437.5             Prior to taking action on the ANC petition, DDOT shall publish a Notice of Intent on the DDOT website.

 

2438              ENHANCED RESIDENTIAL PERMIT PARKING PROGRAM

 

2438.1             The Enhanced Residential Permit Parking (ERPP) program as established by the Residential Parking Protection Pilot Act of 2010, effective October 26, 2010 (D.C. Law 18-240; D.C. Official Code §§ 50-2551 et seq. (2012 Repl.)), applies only within the boundaries of Ward 1.

 

2438.2             The ERPP program is established as follows:

 

(a)        The ERPP program includes the following elements:

 

(1)        Fifty percent (50%) of available parking spaces of each residential block, as determined by the Director,  shall be reserved for Zone 1 Resident Only Parking; the opposite side of each residential block shall be designated as described in § 2432.1(a);

 

(2)        A motor vehicle without a valid Zone 1 Resident Only Parking  sticker shall not park on any portion of a street in Ward 1 that has been reserved for Zone 1 Resident Only Parking pursuant to this subsection; and

 

(3)        Any resident owning a vehicle registered at an address within the ERPP program area shall be eligible to apply for residential permit parking decals as provided by the Department of Motor Vehicles.

 

(b)        Each Ward 1 ANC may, by resolution voted upon in accordance with the law governing ANCs, choose not to participate in the ERPP program. Absent such a resolution, all of the provisions of paragraph (a) of this subsection shall apply to each residential block of the Ward 1 ANC unless prohibited by paragraph (c) of this subsection.

 

(c)        Any blocks within a streetscape construction project impact zone in Ward 1 shall be excluded from the ERPP program until the Director declares that all major construction associated with the streetscape construction project impact zone is complete.

 

(d)       For purposes of this section, the phrase "streetscape construction project impact zone" means an area designated by DDOT where, due to the nature and duration of a streetscape project (that is, a roadway construction project on a commercial street), a local or small business as defined in D.C. Official Code §§ 2-218.31 and 2-218.32 (2012 Repl.) may experience demonstrated losses during the construction period.

 

(e)        The ERPP program shall not apply within one (1) block of a residential permit parking zone boundary. Streets within one (1) block of a residential permit parking zone boundary shall instead be designated so that vehicles displaying a valid residential permit for either adjacent residential permit parking zone may park on any such block that was a residential permit parking street before the institution of the program.

 

2439                RESIDENTIAL PERMIT PARKING – ENFORCEMENT

 

2439.1             Except as provided in §§ 2406, 2414, and 2424, parking a motor vehicle on a residential permit parking street shall be restricted as follows:

 

(a)        A vehicle without the necessary residential permit parking zone sticker shall not park in the same zone for more than two (2) consecutive hours.  This restriction applies even if the vehicle is moved from one location within the zone to another location in the same zone.  A separate violation of this provision shall exist for each additional two (2) hour period the vehicle has been parked in the same zone.

 

(b)        If the restrictions on a residential permit parking block (or portion of a block) prohibit non-permit holders during posted times, a vehicle shall not park for any such period of time on that block (or portion of that block) without the necessary residential permit parking zone sticker.  An initial violation shall exist when the non-permit holder first parks his or her vehicle on the restricted block and a separate violation shall exist for each additional two (2) hour period the vehicle has been parked in the same zone.

 

2440                RESIDENTIAL PERMIT PARKING – ADDITIONAL RESIDENTIAL PERMIT PARKING PRIVILEGES

 

2440.1             Between the hours of 9:00 p.m. and 7:30 a.m., a vehicle displaying a valid residential parking permit may park, within a designated residential permit parking zone, in the following locations:

 

(a)        In loading zones, except loading zones used by hotels; and

 

(b)        In entrances, except entrances to hospitals.

 

2440.2             Unless posted signage specifies otherwise, no vehicle may park within forty (40) feet of an intersection, except that vehicles displaying valid RPP stickers for the zone may park within twenty-five (25) feet of an intersection at all times. At no time may any vehicle park within forty (40) feet of a stop or a yield sign. 

 

2440.3             The Director may exempt an intersection from the parking restriction moratorium of § 2405.2(c) as established by this subsection, where the Director determines parking would be inappropriate and unsafe.

 

2440.4             A residential permit parking sticker shall not authorize the vehicle displaying the sticker to stand or park in any place or during any time when the stopping, standing, or parking of motor vehicles is prohibited or set aside for specific types of vehicles, nor shall it provide an exemption from the observance of any traffic regulation other than the residential permit parking two (2) hour parking limit, where available, and the exemptions listed in §§ 2439.1 and 2440.

 

2441                RESIDENTIAL PERMIT PARKING – RESIDENTIAL PERMIT PARKING STICKERS

 

2441.1             Each residential permit parking sticker shall indicate at least the following:

 

(a)        Its expiration date;

 

(b)        The residential permit parking zone in which it is valid;

 

(c)        The license plate number of the motor vehicle for which it is valid; and

 

(d)       The last six (6) digits of the motor vehicle’s VIN number.

 

2441.2             A residential permit parking sticker shall be issued or reissued for a period of either one (1) year or two (2) years, unless the Director specifies a different time period.

 

2441.3             A residential permit parking sticker shall be valid only if it is affixed by its own adhesive to the lower left (driver's) side of the windshield so that its contents are clearly visible through the windshield of the vehicle; provided; that in the case of a motorcycle, motorized bicycle, or autocycle, the RPP sticker shall be affixed to a mounting tab which shall be bolted to either corner of the license plate.  An expired RPP sticker shall not be left visible on a vehicle.

 

2441.4             Simultaneous display of current residential permit parking stickers for more than one (1) zone shall make all the residential permit parking stickers invalid and shall be prima facie evidence of misrepresentation on the residential permit parking sticker application.

 

2441.5             A residential permit parking sticker shall not guarantee or reserve to the holder a parking space within the designated residential permit parking zone.

 

2441.6             No sticker or permit for residential permit parking shall be used or displayed on any vehicle other than the vehicle for which it was issued. Any sticker or permit so displayed shall be void, and any unauthorized display of stickers or permits shall constitute a violation of this section by the sticker holder and by the owner or the operator of the vehicle displaying the permit.

           

2441.7             An application for a residential permit parking sticker shall contain the name of the owner or operator of the motor vehicle, the vehicle's make, body style, serial or VIN number, identification tag number, and, when appropriate, the vehicle's reciprocity number.

 

2441.8             The motor vehicle registration and related documentation may, in the discretion of the Director, be required to be presented when filing an application in order to verify the application.

 

2441.9             The Director may issue a residential permit parking sticker, upon application and payment of the fee established pursuant to § 2415, to a motor vehicle owner who resides on:

 

(a)        Property abutting a block designated as a residential permit parking street which is not eligible for residential permit parking because of existing parking restrictions, but which is surrounded by streets which have been designated as residential permit parking streets or have other restrictions which prohibit all day parking; or

 

(b)        A private street which is not eligible for residential permit parking because of its roadway designation.

 

2441.10           Residential permit parking stickers may be issued only for, and shall be valid only on, vehicles which are registered in the District, or which have valid reciprocity privileges in the District.

2441.11           Buses, commercial vehicles, sightseeing vehicles, trailers, and motor vehicles longer than twenty-two feet (22 ft.) shall not be issued residential permit parking stickers.

 

2441.12           The Director may replace current residential permit parking stickers, without extension of their duration, when: (1) the sticker holder changes address from one (1) zone to a block designated for residential permit parking in a different zone; or (2) where a residential permit parking sticker holder provides satisfactory evidence of the destruction of the original sticker.

 

2441.13           The residential parking permit shall expire on the same date that the vehicle registration expires.

           

Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS, Section 2600, CIVIL FINES FOR MOTOR VEHICLE MOVING INFRACTIONS, is amended as follows:

 

The chart set forth in Subsection 2600.1 is amended as follows:

 

The row labeled “Stopping, standing, or parking a vehicle in a bicycle lane [§ 2405.1]” in the section labeled “Right-of-way” is amended to read as follows:

 

Stopping, standing, or parking a vehicle in a bicycle lane or shared use path [§ 2405.1]

$65.00

 

Section 2601, PARKING AND OTHER NON-MOVING INFRACTIONS, is amended as follows:

 

The chart set forth in Subsection 2601.1 is amended as follows:

 

The section labeled “Residential Permit Parking” is amended to read as follows:

 

Residential Permit Parking			Fine
Fail to properly display current sticker [§ 2424.4, § 2424.5, § 2424.6, § 2441.3]			$ 15.00
Fail to remove expired sticker [ § 2424.4, § 2424.5, § 2424.6, § 2441.3]			$ 15.00
Improper use of annual visitor parking pass [§ 2414.18]			$ 300.00
Resident Only Parking area, without valid permit [ § 2432.1(b), § 2438.2(a)(2)]			In each calendar year: first offense  $30, second offense $30, third and any subsequent offense $60
	Fine	In Ballpark Performance Parking Zone [§ 2404.24, § 2424.12]	During Ballpark Events [§ 2424.12]
Residential permit parking area, beyond consecutive two hour period without valid permit [§ 2439.1(a), § 2432.1(a)]	In each calendar year: First offense $30, Second offense $30, Third and any subsequent offense $60.	In each calendar year: First offense $30, Second offense $30, Third and any subsequent offense $60	In each calendar year: First offense $60, Second offense $60, Third and any subsequent offense $60.

 

Chapter 99, Section 9901, DEFINITIONS, is amended as follows:

 

Subsection 9901.1 is amended as follows:

 

The following definition is added after the definition of “Alley”:

 

Annual Car-Sharing Permit Sticker – a certificate of permission issued to a car-sharing company for display on a company vehicle pursuant to § 2406.

 

The following definition is added after the definition of “Authorized Emergency Vehicle”:

 

Autocycle - a 3-wheeled motor vehicle that has a steering wheel, seating that does not require the operator or passenger to straddle or sit astride, is equipped with safety belts for all occupants, and is manufactured to comply with federal safety requirements for motorcycles.

 

The following definition is added after the definition of “Low-speed vehicle”:

 

Major Traffic Generator – a place of worship, healthcare facility, school, park, or recreational facility, or other group of land uses that, on regular basis, attracts five hundred (500) or more people.

 

The definition of “Residential Permit Parking Sticker” is amended to read as follows:

 

Residential Permit Parking Sticker - a certificate of permission issued to a resident of a residential permit parking zone in the District to park a motor vehicle in that zone beyond the limits generally imposed upon motor vehicles parked in the zone.

 

The following definition is added after the definition of “Residential Permit Parking Sticker”:

 

Residential Permit Parking Zone – all residential areas located in a specific Ward, except that census tract 79.03 (starting at Nineteenth Street, N.E., and Benning Road, N.E., east on Benning Road, N.E., to Oklahoma Avenue, N.E.; south on Oklahoma Avenue, N.E., to C Street, N.E.; west on C Street, N.E., to Nineteenth Street, N.E.; north to Nineteenth Street, N.E.,) shall be included in residential permit parking Zone 6.

 

The following definition is added after the definition of “Service Vehicle”:

 

Shared Use Path – a pathway designated for non-motorized transportation users, which is physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.

 

The definition of “Temporary Permit” is amended to read as follows:

 

Temporary Visitor Parking Permit - – a  certificate of permission which temporarily provides the permit holder the same parking rights as those provided by a residential permit parking sticker for a period of up to fifteen (15) days.

 

The definition of “Visitor Permit” is amended to read as follows:

 

Annual Visitor Parking Pass -  a certificate of permission which provides the permit holder the same parking rights as those provided by a residential permit sticker for a period of one (1) year from the date of issuance.

 

 

All persons interested in commenting on the subject matter in this proposed rulemaking may file comments in writing, not later than thirty (30) days after the publication of this notice in the D.C. Register, with Alice Kelly, Manager, Office of Policy and Governmental Affairs, Office of the Director, District Department of Transportation, 55 M Street, S.E., 7th Floor, Washington, D.C. 20003.  An interested person may also send comments electronically to [e-mail].  Copies of this proposed rulemaking are available, at cost, by writing to the above address, and are also available electronically, at no cost, on the District Department of Transportation’s website at www.ddot.dc.gov.