D.C. Mun. Regs. tit. 16, §§ 16-4311

Current through Register Vol. 71, No. 49, December 6, 2024

Section 16-4311 - HAZARDOUS CONDITION INFRACTIONS

4311.1

Violations of any of the following provisions shall be a Class 1 infraction:

(a) Closure of sidewalk or bicycle lane without required permit (24 DCMR §3315.1);

(b) Failure to apply for the appropriate occupancy permit authorizing sidewalk or bike lane closure (24 DCMR §3315.5);

4311.2

Violations of any of the following provisions shall be a Class 2 infraction:

(a) Failure to maintain bicycle or pedestrian routes (24 DCMR §3315.4(b) and (c)(2)) ;

(b) Failure to maintain traffic control signage, devices, and roadway markings as required by the traffic control plan and MUTCD (24 DCMR §3315.6) :

(c) Failure to comply with the approved traffic management plan (24 DCMR §3315.8);

(d) Failure to maintain proper lane closure for practices for closure of sidewalk or bicycle lane (24 DCMR §3315.2);

(e) Failure to provide safe and convenient route for pedestrians or bicyclists (24 DCMR §3315.3; §§3315.4(a), 3315(c); 3315(d));

(f) Failure to comply with the safe accommodation requirements found in the current DDOT standards, "Pedestrian Safety and Work Zone Standards -Covered and Open Walkways" (24 DCMR §3315.4(a)) ;

(g) Failure to provide safe pedestrian access route free of hazards, construction materials, and debris (24 DCMR §3315.4(b)) ;

4311.3

Violations of any of the following provisions shall be a Class 3 infraction:

(a) Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures §612.19 (24 DCMR §3404.7);

(b) Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle lane or placed in an intersection as required by Standard Specifications for Highways and Structures §612.19 (24 DCMR §3404.7);

(c) Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures §612.19 (24 DCMR §3404.7) ;

(d) Failure to have a traffic safety officer on site when required, as required by Standard Specifications for Highways and Structures §612 (24 DCMR §3403.7);

(e) Failure to install and maintain shared lane markings and work zone signage when rerouting bicyclists (24 DCMR §3315.4(d)(4)) ;

(f) Failure to use required MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route for pedestrians and bicyclists (24 DCMR §3315.6);

(g) Failure to provide and maintain certified flaggers during intermittent lane or route closures (24 DCMR §3315.7(a)) ;

4311.4

Violations of any of the following provisions shall be a Class 4 infraction:

(a) Failure to provide ADA-compliant pedestrian accommodations required by an approved traffic control plan (24 DCMR §3315.4(b)) ;

(b) Failure to provide safe bicycle accommodations (24 DCMR §3315.1);

(c) Obstructing public space without a public space permit (24 DCMR §2001.2);

(d) Failure to properly protect public space when travel is obstructed (24 DCMR §2001.4);

(e) Obstructing free use of public space-overgrowth of shrubs, trees, or bushes without a permit (24 DCMR §2001.3);

4311.5

[RESERVED]

D.C. Mun. Regs. tit. 16, §§ 16-4311

Final Rulemaking published at 70 DCR 3090 (3/10/2023)