For the purposes of this subchapter, the term:

1. (a)

   1. (1) “Conduit” means any pipe or other hollow protective sleeve through which cable may be inserted.
   2. (2) “Private structure” means all privately-owned fixtures on public space or in the public rights of way.
   3. (3) “Public rights of way” means the surface, the air space above the surface (including air space immediately adjacent to a private structure located on public space or in a public right of way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk, or boulevard used pursuant to District law for public services, including rail lines and electric, natural gas, water, sewer, and communication utilities.
   4. (4) “Public space” means all the publicly-owned property between the property lines on a street, park, or other public property as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.
   5. (5) “Public structure” means all publicly-owned fixtures on the public space and in the public rights of way.

History

Apr. 9, 1997, D.C. Law 11-198, § 601, 43 DCR 4569

Oct. 22, 2015, D.C. Law 21-36, § 7253, 62 DCR 10905

Delegation of Authority

Delegation of authority pursuant to D.C. Law 11-138, the “Rental of Public Structures in the Public Space Emergency Act of 1995”, see Mayor’s Order 95-117, September 12, 1995.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7223 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary addition of sections regarding the authorization of the rental of public structures in public space and public right of way by the Mayor, see §§ 2 through 4 of the Rental of Public Structures in Public Space Emergency Act of 1995 (D.C. Act 11-138, August 15, 1995, 42 DCR 4725) and §§ 2 through 4 of the Rental of Public Structures in Public Space Congressional Review Emergency Act of 1995 (D.C. Act 11-143, October 23, 1995, 42 DCR 6035).

For temporary addition of subchapter, see §§ 1001 through 1006 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), §§ 601 through 606 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), §§ 601 through 606 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and §§ 601-606 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

Temporary Legislation

For temporary (225 day) additions, see §§ 601 to 606 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

For temporary (225 day) additions, see §§ 2 to 4 of Rental of Public Structures in Public Space Temporary Act of 1995 (D.C. Law 11-76, December 21, 1995, law notification 43 DCR 278).

Prior Codifications

1981 Ed., § 7-1071.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “used pursuant to District law for public services, including rail lines and electric, natural gas, water, sewer, and communication utilities” in (3).

Section References

This section is referenced in § 9-111.01a.