3306

OCCUPANCY OF POLES OR OTHER STRUCTURES IN THE PUBLIC SPACE FOR TOUR BUS AND COMMUTER BUS STOPS

3306.1 The Director may issue a Public Right-of-Way Occupancy Permit to a person seeking to post signs on existing or proposed poles (including, but not limited to, streetlight poles, street sign poles, and "U" poles) or other structures in the public space to indicate tour bus or commuter bus stops.

3306.2 Any person seeking to post signs on poles or other structures in the public space to indicate tour bus or commuter bus stops shall submit an application for a Public Right-of-Way Occupancy Permit to the Department.

3306.3 In addition to such other information as the Director may request, the permit application shall include:

(a) The name of the tour bus or commuter bus company;

(b) The address of the tour bus or commuter bus company;

(c) A list of the pole or structure locations proposed for the tour bus or commuter bus stops;

(d) An actual-size sample that shall not be larger than twelve inches by eighteen inches (12" x 18") of the proposed tour bus or commuter bus sign on the applicable medium, including, but not limited to, aluminum, cardboard, metal, poster board, and steel; and

(e) A description of how the sign will be affixed or mounted to the pole or structure in public space.

3306.4 Except for a Public Transit Agency, a Permittee shall pay an annual rental fee for each tour bus or commuter bus sign in the following manner:

(a) Sign affixed to an existing pole or structure in public space Two Hundred Fifty Dollars (\$ 250);

(b) Sign affixed to a new pole or structure in public space as proposed by Permittee (new pole or structure to be provided and installed by Permittee after receipt of permit) Five Hundred Dollars (\$ 500);

3306.5 The annual payment shall be paid to the District on the date the Public Right-of-Way Occupancy Permit is issued.

3306.6 Failure to make a rental payment within thirty (30) days after the due date may result in the revocation of the Public Right-of-Way Occupancy Permit.

3306.7 The acceptance of any payment required hereunder by the District shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the District may have for additional sums due and payable.

3306.8 If a Public Right-of-Way Occupancy Permit is revoked or suspended for any reason, the Director may remove the applicable tour bus or commuter signs without the District incurring any liability

for the signs.

3306.9 For purposes of this section, the phrase 'Public Transit Agency' means a municipal corporation or government agency (and its agents) that operates a bus, train, van, streetcar, trolley, subway, or rail vehicle for use by the general public.

SOURCE: Final Rulemaking published at 53 DCR 7857 (September 29, 2006).