(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 30-day review period, the proposed rules shall be deemed approved.
(b)(1) Within 180 days of April 23, 2013, the Mayor shall issue rules, which shall:
(A) Ensure maximum permissible use of Department areas and facilities by appropriate distribution of users, with special attention to the balance of uses between Department programs, community uses, and fee-based uses;
(B) Ensure equitable access to fee-based uses through provisions for modest, reduced, or waived fees;
(C) Ensure proper, orderly, and equitable use through scheduling;
(D) Ensure protection and preservation of areas and facilities by not overtaxing facilities;
(E) Promote the health, safety, and welfare of users;
(F) Establish clear procedures for obtaining permits and revocation of permits; and
(G) Update the entire Department fee and permit schedules, maintaining a lower cost for residents.
(2) The authority granted to the Department in § 10-302(b-1) and (d) and § 10-302.01 shall not be exercised until the rules required by paragraph (1) of this subsection have been adopted.
(Mar. 23, 1995, D.C. Law 10-246, § 7a; as added Sept. 14, 2011, D.C. Law 19-21, § 6042(d), 58 DCR 6226; Apr. 23, 2013, D.C. Law 19-280, § 2(d), 60 DCR 2124; Mar. 11, 2015, D.C. Law 20-216, § 2, 61 DCR 13104.)
The 2013 amendment by D.C. Law 19-280 redesignated the existing paragraph as (a); and added (b).
The 2015 amendment by D.C. Law 20-216 substituted “§ 10-302(b-1) and (d) and § 10-302.01” for “§ 10-302(b-1) and (d), § 10-302.01, and § 10-302.02” in (b)(2).
For temporary (90 days) amendment of this section, see § 2 of Department of Parks and Recreation Fee-based Use Permit Authority Clarification Emergency Amendment Act of 2015 (D.C. Act 21-5, Feb. 23, 2015, 62 DCR 2472).
For temporary (90 days) amendment of this section, see § 2 of the Department of Parks and Recreation Fee-based Use Permit Authority Clarification Emergency Amendment Act of 2014 (D.C. Act 20-299, March 14, 2014, 61 DCR 2570, 20 DCSTAT 3068).
For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Department of Parks and Recreation Fee-based Use Permit Authority Clarification Congressional Review Emergency Amendment Act of 2014, (D.C. Act 20-353, June 17, 2014, 61 DCR 6334).
For temporary (225 days) amendment of this section, see § 2 of the Department of Parks and Recreation Feebased Use Permit Authority Clarification Temporary Amendment Act of 2014 (D.C. Law 20-113, June 21, 2014, 61 DCR 4332).
Structure District of Columbia Code
Title 10 - Parks, Public Buildings, Grounds, and Space
Chapter 3 - Fundraising for Recreational Facilities
§ 10–302. Authority of Department of Parks and Recreation
§ 10–302.01. Fee-based use permits
§ 10–302.02. Nutrition at Department facilities
§ 10–302.03. Priority for Department programs and facilities
§ 10–303. Creation of Fund; accounting and investment
§ 10–304. Park adoptions and sponsorships
§ 10–305. Mega recreation centers
§ 10–306. Establishment of Recreation Assistance Board. [Repealed]