Gang-Related Legislation by State Index

District of Columbia

Carjacking (view all states for this subject)

District of Columbia § 22-2803. Carjacking [Formerly § 22-2903].

(a) (1) A person commits the offense of carjacking if, by any means, that person knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempts to do so, shall take from another person immediate actual possession of a person's motor vehicle.

(2) A person convicted of carjacking shall be fined not more than the amount set forth in § 22-3571.01 and be imprisoned for a mandatory-minimum term of not less than seven years and a maximum term of not more than 21 years, or both.

(b) (1) A person commits the offense of armed carjacking if that person, while armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switch-blade knife, razor, blackjack, billy, or metallic or other false knuckles), commits or attempts to commit the offense of carjacking.

(2) A person convicted of armed carjacking shall be fined not more than the amount set forth in §22-3571.01 and be imprisoned for a mandatory-minimum term of not less than 15 years and a maximum term of not more than 40 years, or both. However, the court may impose a prison sentence in excess of 30 years only in accordance with § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), armed carjacking is a Class A felony.

(c) Notwithstanding any other provision of law, a person convicted of carjacking shall not be released from prison prior to the expiration of seven years from the date of the commencement of the sentence, and a person convicted of armed carjacking shall not be released from prison prior to the expiration of 15 years from the date of the commencement of the sentence.

Curfew (view all states for this subject)

District of Columbia § 2-1541. Findings and Purpose

(a) The Council of the District of Columbia ("Council") has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 years in the District of Columbia.

(b) The Council has determined that persons under the age of 17 years are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime.

(c) The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for, children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

(d) The Council has determined that a curfew for those under the age of 17 years will be in the interest of the public health, safety, and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the District of Columbia.

(e) The Council determines that passage of a curfew law will protect the welfare of minors by:

(1)Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;

(2) Reducing the likelihood that minors will become involved in criminal acts or exposed to narcotics trafficking during the curfew hours; and

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

District of Columbia § 2-1543. Curfew Authority; Defenses; Enforcement and Penalties [Formerly § 6-2183]

(a) (1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(b) (1) It is a defense to prosecution under this subchapter that the minor was:

(A) Accompanied by the minor's parent or guardian;

(B) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(C) In a motor vehicle, train, or bus involved in interstate travel;

(D) Engaged in an employment activity pursuant to subchapter I of Chapter 2 of Title 32 or going to, or returning home from, an employment activity, without any detour or stop;

(E) Involved in an emergency;

(F) On the sidewalk that abuts the minor's residence or that abuts the residence of a next-door neighbor if the neighbor did not complain to the Metropolitan Police Department about the minor's presence;

(G) In attendance at an official school, religious, or other recreational activity sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or going to, or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor; or

(H) Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.

(2) It is a defense to prosecution under subsection (a)(3) of this section that the owner, operator, or employee of an establishment promptly notified the Metropolitan Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(c) (1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) of this section is proffered or is present.

(2) If a police officer determines that a minor is committing a curfew offense, the police officer shall take the minor to the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department.

(3) A minor who violates this subchapter shall be detained by the Metropolitan Police Department at the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department and released into the custody of the minor's parent, guardian, or an adult person acting in loco parentis. The minor's parent or an adult person acting in loco parentis with respect to the minor shall be called to the Police District headquarters or substation or other designated area to take custody of the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this subchapter while returning home with the person acting in loco parentis. If no one claims responsibility for the minor, the minor may be taken to the minor's residence or placed in the custody of the appropriate official at the Family Services Administration of the Department of Human Services and, subsequently, released at 6:00 a.m. the following morning.

(d) (1) Any adult who violates a provision of this subchapter is guilty of a separate offense for each day, or part of a day, during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $ 500 or community service.

(2) Parents or persons in loco parentis of the minor may, upon each conviction for violating this subchapter, be required to complete parenting classes pursuant to subchapter I of Chapter 14 of Title 7 or Title 16.

(3) When required by § 16-2302, charges brought under this subchapter shall be transferred to the Family Division of the Superior Court of the District of Columbia.

(4) A minor adjudicated of a violation of this subchapter by the Family Division of the Superior Court may be ordered to perform community service of up to 25 hours for each violation.

(e) (1) The Mayor shall report to the Council, not less than 90 days prior to the expiration of this subchapter, on the curfew's effectiveness and shall recommend that the curfew either be continued or discontinued.

(2) The Mayor shall include the following in the report required by this subsection:

(A) The number of minors detained and the number of persons fined as a result of a violation of this subchapter;

(B) The number of criminal homicides and other narcotic trafficking related crimes of violence committed during the time that this subchapter is in effect by age of persons involved and by time of day;

(C) The number of minors injured during the curfew hours as a result of crime and the cause of each injury; and

(D) The District's net cost of enforcing the ordinance.

Gang Participation (view all states for this subject)

District of Columbia § 22-951. Criminal Street Gangs.

(a) (1) It is unlawful for a person to solicit, invite, recruit, encourage, or otherwise cause, or attempt to cause, another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than six months, or both.

(b) (1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than five years, or both.

(c) (1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any person or property, in order to:

(A) Cause or attempt to cause an individual to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or

(B) Retaliate against an individual for a refusal to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than ten years, or both.

(d) The penalties under this section are in addition to any other penalties permitted by law.

(e) For the purposes of this section, the term:

(1) "Criminal street gang" means an association or group of six or more persons that:

(A) Has as a condition of membership or continued membership, the committing of or actively participating in committing a crime of violence, as defined by § 23-1331(4); or

(B) Has as one of its purposes or frequent activities, the violation of the criminal laws of the District, or the United States, except for acts of civil disobedience.

(2) "Violent misdemeanor" shall mean:

(A) Destruction of property (§ 22-303);

(B) Simple assault (§ 22-404(a));

(C) Stalking (§ 22-404(b));

(D) Threats to do bodily harm (§ 22-407);

(E) Criminal abuse or criminal neglect of a vulnerable adult (§ 22-936(a));

(F) Cruelty to animals (§ 22-1001(a)); and

(G) Possession of prohibited weapon (§ 22-4514).

Gang Recruitment, Threats, Intimidation (view all states for this subject)

District of Columbia § 22-811. Contributing to the Delinquency of a Minor.

(a) It is unlawful for an adult, being 4 or more years older than a minor, to invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to:

(6) Join a criminal street gang as that term is defined in § 22-951(e)(1).

District of Columbia § 22-951. Criminal Street Gangs.

(a) (1) It is unlawful for a person to solicit, invite, recruit, encourage, or otherwise cause, or attempt to cause, another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than six months, or both.

(b) (1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than five years, or both.

(c) (1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any person or property, in order to:

(A) Cause or attempt to cause an individual to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or

(B) Retaliate against an individual for a refusal to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than ten years, or both.

(d) The penalties under this section are in addition to any other penalties permitted by law.

(e) For the purposes of this section, the term:

(1) "Criminal street gang" means an association or group of six or more persons that:

(A) Has as a condition of membership or continued membership, the committing of or actively participating in committing a crime of violence, as defined by § 23-1331(4); or

(B) Has as one of its purposes or frequent activities, the violation of the criminal laws of the District, or the United States, except for acts of civil disobedience.

(2) "Violent misdemeanor" shall mean:

(A) Destruction of property (§ 22-303);

(B) Simple assault (§ 22-404(a));

(C) Stalking (§ 22-404(b));

(D) Threats to do bodily harm (§ 22-407);

(E) Criminal abuse or criminal neglect of a vulnerable adult (§ 22-936(a));

(F) Cruelty to animals (§ 22-1001(a)); and

(G) Possession of prohibited weapon (§ 22-4514).

Gang-Related Definitions (view all states for this subject)

District of Columbia § 22-951. Criminal Street Gangs.

(a) (1) It is unlawful for a person to solicit, invite, recruit, encourage, or otherwise cause, or attempt to cause, another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than six months, or both.

(b) (1) It is unlawful for any person who is a member of or actively participates in a criminal street gang to knowingly and willfully participate in any felony or violent misdemeanor committed for the benefit of, at the direction of, or in association with any other member or participant of that criminal street gang.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than five years, or both.

(c) (1) It is unlawful for a person to use or threaten to use force, coercion, or intimidation against any person or property, in order to:

(A) Cause or attempt to cause an individual to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state; or

(B) Retaliate against an individual for a refusal to:

(i) Join a criminal street gang;

(ii) Participate in activities of a criminal street gang;

(iii) Remain as a member of a criminal street gang; or

(iv) Submit to a demand made by a criminal street gang to commit a felony in violation of the laws of the District of Columbia, the United States, or any other state.

(2) A person convicted of a violation of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than ten years, or both.

(d) The penalties under this section are in addition to any other penalties permitted by law.

(e) For the purposes of this section, the term:

(1) "Criminal street gang" means an association or group of six or more persons that:

(A) Has as a condition of membership or continued membership, the committing of or actively participating in committing a crime of violence, as defined by § 23-1331(4); or

(B) Has as one of its purposes or frequent activities, the violation of the criminal laws of the District, or the United States, except for acts of civil disobedience.

(2) "Violent misdemeanor" shall mean:

(A) Destruction of property (§ 22-303);

(B) Simple assault (§ 22-404(a));

(C) Stalking (§ 22-404(b));

(D) Threats to do bodily harm (§ 22-407);

(E) Criminal abuse or criminal neglect of a vulnerable adult (§ 22-936(a));

(F) Cruelty to animals (§ 22-1001(a)); and

(G) Possession of prohibited weapon (§ 22-4514).

District of Columbia § 22-3312.05. Definitions

For the purposes of §§ 22-3312.01 through 22-3312.05, the term:

(1) "Abate" means to effectively remove.

(2) Repealed.

(3) Repealed.

(4) "Graffiti" means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property without the consent of the owner, manager, or agent in charge of the property, and the graffiti is visible from a public right-of-way.

(5) "Graffiti material" means any aerosol can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, indelible marker, paint stick, adhesive label, and engraving device capable of leaving a visible mark on a natural or man-made surface.

(6) "Minor" means a person less than 18 years of age.

(7) Repealed.

(8) Repealed.

(9) "Public or private property" shall include any building, bridge, fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(10) "Sign" means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

District of Columbia § 42-3141.01. Definitions

For the purposes of this chapter, the term:

(1) "Abate" means to effectively remove or cover.

(2) "Abatement costs" means the reasonably estimated costs incurred by the District to abate graffiti.

(3) "Deputy Chief Financial Officer" means the Deputy Chief Financial Officer for the Office of Tax and Revenue or his designee.

(4) "Graffiti" means any inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar objects that are on personal property located outdoors, or placed on trees, rocks, or other natural features, without the consent or authorization of the property owner, without regard to when that consent or authorization was given, and the graffiti is visible from a public right-of way.

(5) "Owner" means a property owner or the property owner's designated agent unless otherwise specified.

(6) "Reply" means the response provided by the owner under § 42-3141.03(c).

Gang-Related Findings and Declarations (view all states for this subject)

District of Columbia § 2-1541. Findings and Purpose

(a) The Council of the District of Columbia ("Council") has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 years in the District of Columbia.

(b) The Council has determined that persons under the age of 17 years are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime.

(c) The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for, children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

(d) The Council has determined that a curfew for those under the age of 17 years will be in the interest of the public health, safety, and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the District of Columbia.

(e) The Council determines that passage of a curfew law will protect the welfare of minors by:

(1)Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;

(2) Reducing the likelihood that minors will become involved in criminal acts or exposed to narcotics trafficking during the curfew hours; and

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

Gang-Related Funding (view all states for this subject)

District of Columbia § 42-3141.08. Graffiti Abatement Fund

(a)(1) There is established as a nonlapsing fund in the Graffiti Abatement Fund (“Fund”), into which shall be deposited:

(A) All fines, penalties, interest, charges and costs, including abatement costs, assessed and collected pursuant to this chapter;

(B) Any funds in the Graffiti Trust Fund, established by 22-3312.03a(g), on the day before September 18, 2010; and

(C) Any civil fines collected as penalties under 22-3312.04.

(2) The deposit of these monies shall be subject to the requirements of 42-3141.09(b).

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Fund shall be used to offset the costs of implementing this chapter, the costs of graffiti abatement and prevention, and the costs of the Office of Administrative Hearings under this chapter.

(d) The Mayor shall submit to the Council an annual statement of the Fund’s receipts and disbursements for the preceding year.

Gangs and Schools (view all states for this subject)

District of Columbia § 5-132.01. Definitions

For purposes of this subchapter, the term:

(3) “School resource officer” means a sworn MPD officer assigned to DCPS or public charter schools for the purpose of working in collaboration with DCPS, public charter schools, and community-based organizations to:

(B) Address crime and disorder, gang, and drug activity problems affecting or occurring in or around the schools tow hich the school resource officer is assigned

District of Columbia § 5-132.02. Establishment of the Metropolitan Police Department School Safety Division; Functions of the School Safety Division

(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide security for the District of Columbia Public Schools.

(b) The School Safety Division shall be headed by a Director, appointed by, and reporting to, the Chief of Police with rank equal to a Commander or above.

(d)(1) The School Safety Division shall develop a plan to be implemented before the beginning of each DCPS school year for protecting children walking to and from DCPS and public charter schools and for protecting children from gang and crew violence on, in, and around DCPS and public charter schools' property. Beginning in 2009, this plan shall be provided to the Mayor, the Council, and the Chancellor, by August 15th of each year.

(2) The plan shall include a description of:

(A) Safety issues children may face during passage to and from school, and recommended solutions to these issues; and

(B) A description of specific gang and crew conflicts and recommended solutions for the protection of children from gang and crew violence on, in, and around DCPS and public charter schools property.

District of Columbia § 5-132.03. Training for School Security Personnel

The School Safety Division shall develop a training curriculum for all school security personnel providing security for DCPS. The curriculum shall be focused on training supervisory and on-site personnel so that they will provide appropriate security procedures for the various socioeconomic conditions at each educational facility. The curriculum shall include training in the following areas:

(9) Gang and crew violence prevention.

District of Columbia § 5-132.21. School Safe Passage Emergency Zones

(b) The Chief of Police may declare any area within 1,000 feet of the perimeter of the grounds of a District of Columbia public school or public charter school or within 300 feet of the boundary of the area affecting passage between the school and proximate public transportation a school safe passage emergency zone during a school day for a period not to exceed 5 consecutive school days when the school is in session. The Chief of Police shall inform his or her commanders, the Mayor, and the Council of the declaration of a school safe passage emergency zone and explain the basis for it pursuant to subsection (c) of this section.

(e)(1) It shall be unlawful for a person to congregate in a group of 3 or more persons on public space or public property within a school safe passage emergency zone established pursuant to subsection (b) of this section for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, and fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime.

(2) In making a determination that a person is congregating in a school safe passage emergency zone for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining purpose are:

(C) Whether the person is identified by an officer as a member of a gang or association which engages in assault-related offenses, crimes of violence, or dangerous crimes.

Graffiti (view all states for this subject)

District of Columbia § 1-325.101. Anti-Graffiti Mural Assistance Program Fund

(a) There is established as a nonlapsing fund the Anti-Graffiti Mural Assistance Program Fund ("Fund"), which shall be used solely for the purposes set forth in subsections (c) and (d) of this section, and administered by the Office of the Director of the Department of Public Works.

(b) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Director of the Department of Public Works ("Director") shall:

(1) Ensure that the Fund is used solely to provide grants to qualified corporations;

(2) Provide such direction to the qualified corporations as is needed to ensure that the Fund is used solely for purposes described in this subtitle;

(3) Identify and prioritize for the production of mural art locations in the District that have been targeted or are likely to be targeted for graffiti and are appropriate for mural art; and

(4) Oversee all aspects of the production of mural art for which Fund monies have been provided.

(d) Regarding the production of any mural art for which Fund monies have been provided, the qualified corporation shall:

(1) Expend the monies solely in connection with the production of mural art, including training, supervising, and compensating the mural artists, at locations identified by the Department of Public Works;

(2) Where the Department of Public Works has prioritized the locations at which mural art is to be produced, expend the monies in a manner that reflects those priorities;

(3) Consult with the Department of Public Works on all aspects of the production of mural art;

(4) Administer and manage the program so as to ensure that the production or any phase of the production of mural art is complete by any deadline established by the Director; and

(5) Provide the Director with a program and budget report no less than twice annually.

(e) For the purposes of subsections (c) and (d) of this section, the term "qualified corporation" means a nonprofit corporation incorporated in the District that provides education, training, funding, and supervision for the creation of mural art within the District.

District of Columbia § 22-3312.04. Penalties

(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 and not more than the amount set forth in § 22-3571.01, or imprisoned for a period not to exceed 180 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of § 22-3312.01, pursuant to Chapter 8 of Title 8.

(b) Any person who violates any provision of §§ 22-3312.02 or 22-3312.03 shall be guilty of a misdemeanor punishable by a fine not more than the amount set forth in § 22-3571.01, or imprisonment not to exceed 180 days, or both.

(c) In addition to the penalties provided in subsection (a) of this section, a person convicted of violating any provision of § 22-3312.01 may be required to perform community service as provided in § 16-712.

(d) Any person who willfully places graffiti on property without the consent of the owner shall be subject to the sanctions in subsection (a) of this section.

(e) Any person who willfully possesses graffiti material with the intent to place graffiti on property without the consent of the owner shall be fined not less than $100 or more than $1,000.

(f) In addition to any fine or sentence imposed under this section, the court shall order the person convicted to make restitution to the owner of the property, or to the party responsible for the property upon which the graffiti has been placed, for the damage or loss caused, directly or indirectly, by the graffiti, in a reasonable amount and manner as determined by the court.

(g) The District of Columbia courts shall find parents or guardians civilly liable for all fines imposed or payments for abatement required if the minor cannot pay within a reasonable period of time established by the court.

District of Columbia § 22-3312.05. Definitions

For the purposes of §§ 22-3312.01 through 22-3312.05, the term:

(1) "Abate" means to effectively remove.

(2) Repealed.

(3) Repealed.

(4) "Graffiti" means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property without the consent of the owner, manager, or agent in charge of the property, and the graffiti is visible from a public right-of-way.

(5) "Graffiti material" means any aerosol can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, indelible marker, paint stick, adhesive label, and engraving device capable of leaving a visible mark on a natural or man-made surface.

(6) "Minor" means a person less than 18 years of age.

(7) Repealed.

(8) Repealed.

(9) "Public or private property" shall include any building, bridge, fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(10) "Sign" means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

District of Columbia § 42-3141.01. Definitions

For the purposes of this chapter, the term:

(1) "Abate" means to effectively remove or cover.

(2) "Abatement costs" means the reasonably estimated costs incurred by the District to abate graffiti.

(3) "Deputy Chief Financial Officer" means the Deputy Chief Financial Officer for the Office of Tax and Revenue or his designee.

(4) "Graffiti" means any inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar objects that are on personal property located outdoors, or placed on trees, rocks, or other natural features, without the consent or authorization of the property owner, without regard to when that consent or authorization was given, and the graffiti is visible from a public right-of way.

(5) "Owner" means a property owner or the property owner's designated agent unless otherwise specified.

(6) "Reply" means the response provided by the owner under § 42-3141.03(c).

District of Columbia § 42-3141.02. Nuisance

Graffiti is a nuisance and the owner of the property on which the graffiti is located shall abate the graffiti or authorize the Mayor to abate the graffiti as provided for in § 42-3141.03.

District of Columbia § 42-3141.03. Notice of Graffiti Nuisance and Reply

(a) (1) Whenever the Mayor identifies graffiti, the Mayor shall notify the owner that there is graffiti on the property that must be abated.

(2) The notification shall be provided by delivering a written notice to the property on which, or at which, the graffiti is located. The notification shall be served on the owner or the building superintendent if present, or placed on the door or similar place used for ingress.

(3) In addition, notice shall be delivered by first-class mail to the owner of the premises. If the owner cannot be identified with reasonable certainty for purposes of mail notice, the Mayor shall conspicuously post the notice on the premises or deliver a copy of the notice to the Deputy Chief Financial Officer, who shall post a copy of the notice in a conspicuous place on the property.

(b) The notice shall include reply space for the owner to notify the Mayor whether the owner:

(1) Will abate the graffiti by the date stated on the notice and, if this option is selected, whether the owner requests graffiti abatement materials;

(2) Authorizes the Mayor to abate the graffiti; or

(3) Consents to the presence of the graffiti and does not want the Mayor to abate it.

(c) The notice shall also include a deadline by when the owner must reply and shall inform the owner how to reply. The owner shall reply by either conspicuously posting the notice to the premises where it was originally left, transmitting the notice by facsimile to the number indicated on the notice, mailing it to the address indicated on the notice, returning it in person, or using any other method authorized by regulation and specified on the notice. The deadline shall be not less than 7 calendar days.

(d) (1) If the owner indicates on the reply that the owner will abate the graffiti by the date stated on the notice, and that the owner wants to receive graffiti abatement materials, the Mayor shall leave them at the property subject to the limitations set forth in § 42-3141.10.

(2) If the owner indicates on the reply that the owner will abate the graffiti, the Mayor shall return to the property no sooner than the abatement deadline stated in the notice to see whether or not the graffiti has been abated. If the graffiti has not been abated, the Mayor shall issue a notice of violation as provided for in § 42-3141.05.

District of Columbia § 42-3141.04. Deemed Authorization to Abate

If the owner does not reply as provided for in § 42-3141.03(b)(1), (b)(2), or (b)(3), the owner shall be deemed to have authorized the Mayor to abate the graffiti. The Mayor may then abate the graffiti as if the owner had provided authorization under § 42-3141.03(b)(2).

District of Columbia § 42-3141.05. Notice of Violation; Service of Notice

(a) If an owner elects to abate the graffiti and the graffiti has not been abated by the date stated on the notice, the Mayor may issue a notice of violation for failure to comply with § 42-3141.02.

(b) (1) The notice of violation shall be served on the owner, or the building superintendent, or the Mayor may deliver the notice by certified mail to the owner of the premises. If the owner cannot be identified with reasonable certainty, the Mayor may conspicuously post the notice on the premises alleged to be in violation and deliver a copy of the notice to the Deputy Chief Financial Officer pursuant to paragraph (2) of this subsection.

(2) The Deputy Chief Financial Officer is authorized to receive notices of violation of § 42-3141.02 on behalf of any resident or non-resident person who owns property in the District, if the person has not provided to the Deputy Chief Financial Officer a mailing address. The Deputy Chief Financial Officer shall post a copy of the notice served on the Deputy Chief Financial Officer in a conspicuous place on the property.

District of Columbia § 42-3141.06. Answer and Expedited Hearing

(a) An owner who has received a notice of violation shall answer within 5 days after service of the notice of violation. At the time that an owner answers the notice of violation, the owner may request a hearing on the allegations set forth in the notice of violation. If the owner fails to answer as required in the notice of violation, the owner shall be deemed to have admitted the violation and the Office of Administrative Hearings shall issue a default judgment ordering the owner to pay abatement costs, interest, and penalties as provided for in § 42-3141.07.

(b) If an owner answers the notice of violation in the manner required in the notice of violation, the Office of Administrative Hearings shall issue a final order on that notice of violation no later than 30 days after the date on which the notice of violation was filed with the Office of Administrative Hearings.

District of Columbia § 42-3141.07. Payment of Abatement Costs and Penalties

(a) If a default judgment is issued under § 42-3141.06 or if, after a hearing, the Office of Administrative Hearings finds the owner responsible for the violation set forth in the notice of violation, the District may abate the graffiti and the owner (not the owner's agent) shall owe to the District 21/2 times the District's abatement costs plus a penalty of $ 500 for each violation.

(b) The Mayor shall bill the owner for the amount owed under subsection (a) of this section. If the amount is not paid within 30 days from the date of the bill, interest shall be assessed at the rate of 11/2 % per month.

District of Columbia § 42-3141.08. Graffiti Abatement Fund

(a)(1) There is established as a nonlapsing fund in the Graffiti Abatement Fund (“Fund”), into which shall be deposited:

(A) All fines, penalties, interest, charges and costs, including abatement costs, assessed and collected pursuant to this chapter;

(B) Any funds in the Graffiti Trust Fund, established by 22-3312.03a(g), on the day before September 18, 2010; and

(C) Any civil fines collected as penalties under 22-3312.04.

(2) The deposit of these monies shall be subject to the requirements of 42-3141.09(b).

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Fund shall be used to offset the costs of implementing this chapter, the costs of graffiti abatement and prevention, and the costs of the Office of Administrative Hearings under this chapter.

(d) The Mayor shall submit to the Council an annual statement of the Fund’s receipts and disbursements for the preceding year.

District of Columbia § 42-3141.09. Collection Against an Owner

(a) (1) The amount to be paid under a notice of violation and any other charges, expenses, costs, including abatement costs, penalties, and interest shall be a continuing and perpetual lien in favor of the District upon all real and personal property belonging to a person named in the notice and shall have the same force and effect as a lien created by judgment. Interest shall accrue on the amount due at the rate of 11/2 % a month.

(2) The lien shall attach to all property belonging to the named person at any time during the period of the lien, including any property acquired by the named person after the lien arises.

(3) The lien shall have priority over all other liens, except for District taxes and District water charges; provided, that the lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic's lien, or other such creditor interest in the property, until notice of the lien is filed with the Recorder of Deeds. The lien shall be satisfied by payment of the amount of the lien to the District Treasurer.

(4) For reasonable cause shown, the Mayor may reduce the amount of the bill or lien.

(5) The Mayor may contract with any person to collect the amount of the lien and remunerate the person, subject to available appropriations, by fee, by a percentage of the amount collected, or both.

(b) As additional means for collection, the Mayor may enforce payment of the fines, penalties, costs, and interest imposed under this section against the real property of the owner as follows:

(1) The Mayor shall record a real property tax lien, captioned "Notice of Converted Real Property Tax Lien," with the Recorder of Deeds and in accordance with § 47-1340. The real property tax lien shall be deemed a delinquent real property tax from the date of the conversion, shall accrue interest at the rate of interest charged for delinquent real property tax, and shall be perpetual. Payment thereof shall be credited to the General Fund of the District of Columbia. The real property may be sold at tax sale, regardless of the date of the conversion, in the same manner, under the same conditions, and subject to the same impositions of interest, costs, expenses, fees, and other charges, as real property sold for delinquent real property tax.

(2) The aggregate amount of the costs, expenses, penalties, and interest secured by the lien imposed under subsection (a) of this section may appear on a real property tax bill, and the aggregate amount shall:

(A) Be deemed an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected, including the sale of the real property for delinquent tax; and

(B) Be subject to the same penalty and interest provisions as delinquent real property tax is subject as of the date of such real property tax bill.

(c) The lien under subsection (a) of this section, with penalty and interest as provided under this section, shall be converted to real property tax as of the due date for payment of the real property tax bill if payment is not made.

(d) If the lien has been converted to a real property tax lien under § 47-1340 or if the accrued amount of the lien appears on the real property tax bill, the real property tax lien shall be enforced under Chapter 13A of Title 47 of the District of Columbia Code [§ 47-1330 et seq.].

District of Columbia § 42-3141.10. Graffiti Abatement Materials

(a) If the Mayor provides a paint voucher to an owner to abate graffiti at a particular property, the Mayor is not required to provide another paint voucher to abate graffiti at that property for the 12-month period following the date on which the paint voucher was provided.

(b) If the Mayor provides a graffiti clean-up kit to an owner to abate graffiti at a particular property, the Mayor is not required to provide another clean-up kit to abate graffiti at that property for the 12-month period following the date on which the kit was provided.

(c) The Mayor may provide other types of graffiti removal materials and, by regulation, limit the extent to which they are provided to a property owner.

(d) Nothing in this section precludes the Mayor from providing additional paint vouchers, clean-up kits, or other graffiti abatement materials for use in community anti-graffiti efforts.

Miscellaneous Gang Legislation (view all states for this subject)

District of Columbia § 2-1531.01. Establishment of a Gang and Crew Intervention Joint Working Group

(a) By December 31, 2009, the Mayor shall create a Gang and Crew Intervention Joint Working Group ("Joint Working Group") consisting of members of the Executive Committee of the Citywide Coordinating Council for Youth Violence Prevention ("CCCYVP") and the core Focused Improvement Area ("FIA") team, to include the Metropolitan Police Department ("MPD"), the Office of the City Administrator, and other agencies as identified by the Office of the Mayor.

(b) The Joint Working Group shall develop a coordinated response to high-profile youth violence through the following measures:

(1) Assess critical incident ("CI") need and capacity by:

(A) Identifying and mapping all CIs involving youth over the past 6 months;

(B) Determining what portion of these incidents generated a CI response from CCCYVP partners; and

(C) Evaluating the current capacity of community-based organizations funded by the District (through both the CCCYVP and Children's Youth Investment Trust) for violence intervention to respond to CIs;

(2) Endeavor to align existing resources to respond to critical incidents by:

(A) Developing a plan to align all violence intervention initiatives funded in fiscal year 2010, regardless of funding source, into a coordinated CI strategy, to include proposals to modify contracts, as necessary;

(B) Assuring that CI resources are targeted to gang and crew "hot spots" and those neighborhoods experiencing the highest rates of youth violence; and

(C) Clarifying the geographic areas that each intervention service partner is or will be covering;

(3) Coordinate existing resources to respond to critical incidents by:

(A) Developing protocols for the immediate engagement of intervention partners by MPD when critical incidents occur;

(B) Assuring that Department of Parks and Recreation Roving Leaders in targeted neighborhoods are a part of the CI teams; and

(C) Engaging staff and School Resource Officers of middle and high schools in targeted neighborhoods in the CI process, as appropriate;

(4) Identify targeted youth by:

(A) Identifying existing and emerging conflicts between gangs and crews based on MPD's Gang Intelligence Fusion Unit, MPD Division officers, and street intelligence from community partners and schools;

(B) In partnership with schools and community partners, identifying the youth most immediately at risk of involvement in violent behavior in targeted neighborhoods;

(C) Establishing and implementing a process to review unsolved violent offenses for possible gang and crew involvement; provided, that MPD shall review all unsolved suspected gang or crew homicides and attempted homicides involving minors or young adults within the last 5 years, to determine which may be connected to gang and crew violence, and deploy resources to close these cases quickly; and

(D) Partnering with Department of Youth Rehabilitation Services and Court Social Services prior to a youth's release from detention to ensure youth and community safety are carefully planned for, including access to robust post-detention services; and

(5) Intervene with targeted youth by:

(A) Developing protocols for CIs that outline the necessary steps when responding to violent incidents involving youth, including the development of containment and de-escalation strategies that are incident-specific and designed to prevent acts of retaliation; provided, that:

(i) The protocols shall address:

(I) What information is shared;

(II) The roles and responsibilities of all parties in responding to violent incidents;

(III) Guidelines for street mediation, truces, and rumor control; and

(IV) Engagement of family members and others significant in the lives of both perpetrators and victims; and

(ii) Standards for individualized diversion plans for involved youth shall be developed that engage schools, government agencies, recreation centers, and other community-based resources;

(B) Establishing core components of an individual intervention and diversion plan, including direct outreach to all involved parties (both of the victim and alleged perpetrator), and engagement of families, schools, and community-based resources;

(C) Developing a proposal to provide flexible funds to resource these plans with the participation, as necessary, of agency personnel in review sessions and implementation; provided, that, when possible, any existing family team meeting processes at the Child and Family Services Agency and the Department of Youth Rehabilitation Services may be key elements of this process for youth involved with either of these agencies; and

(D) Identifying additional resources from agencies that should, where appropriate, be available to provide support for individual CI plans.

(c) By December 31, 2009, the Joint Working Group shall expand capacity of Critical Incident and Targeted Youth Outreach Teams through the following measures:

(1) Based on the CI capacity assessment, described in subsection (b) of this section, estimate what the current gap is between capacities and need;

(2) Assess the existing capacity of CCCYVP partners to provide targeted outreach to the highest-risk youth;

(3) Develop a plan to expand CI and targeted outreach that realistically reflects time necessary for recruitment and orientation of new staff; and

(4) Prepare a cost estimate for the short-term expansion plan, and a funding proposal for its implementation.

District of Columbia § 48-1004. Prohibition

(a) It shall be unlawful for a person to congregate in a group of 2 or more persons in public space on public property within the perimeter of a drug free zone established pursuant to § 48-1002 and to fail to disperse after being instructed to disperse by a uniformed officer of the Police Department who reasonably believes the person is congregating for the purpose of participating in the use, purchase, or sale of illegal drugs.

(b) In making a determination that a person is congregating in a drug free zone for the purpose of participating in the use, purchase, or sale of illegal drugs, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:

(4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;

Public Nuisance/Premises Used by Gangs (view all states for this subject)

District of Columbia § 42-3141.02. Nuisance

Graffiti is a nuisance and the owner of the property on which the graffiti is located shall abate the graffiti or authorize the Mayor to abate the graffiti as provided for in § 42-3141.03.

District of Columbia § 42-3141.03. Notice of Graffiti Nuisance and Reply

(a) (1) Whenever the Mayor identifies graffiti, the Mayor shall notify the owner that there is graffiti on the property that must be abated.

(2) The notification shall be provided by delivering a written notice to the property on which, or at which, the graffiti is located. The notification shall be served on the owner or the building superintendent if present, or placed on the door or similar place used for ingress.

(3) In addition, notice shall be delivered by first-class mail to the owner of the premises. If the owner cannot be identified with reasonable certainty for purposes of mail notice, the Mayor shall conspicuously post the notice on the premises or deliver a copy of the notice to the Deputy Chief Financial Officer, who shall post a copy of the notice in a conspicuous place on the property.

(b) The notice shall include reply space for the owner to notify the Mayor whether the owner:

(1) Will abate the graffiti by the date stated on the notice and, if this option is selected, whether the owner requests graffiti abatement materials;

(2) Authorizes the Mayor to abate the graffiti; or

(3) Consents to the presence of the graffiti and does not want the Mayor to abate it.

(c) The notice shall also include a deadline by when the owner must reply and shall inform the owner how to reply. The owner shall reply by either conspicuously posting the notice to the premises where it was originally left, transmitting the notice by facsimile to the number indicated on the notice, mailing it to the address indicated on the notice, returning it in person, or using any other method authorized by regulation and specified on the notice. The deadline shall be not less than 7 calendar days.

(d) (1) If the owner indicates on the reply that the owner will abate the graffiti by the date stated on the notice, and that the owner wants to receive graffiti abatement materials, the Mayor shall leave them at the property subject to the limitations set forth in § 42-3141.10.

(2) If the owner indicates on the reply that the owner will abate the graffiti, the Mayor shall return to the property no sooner than the abatement deadline stated in the notice to see whether or not the graffiti has been abated. If the graffiti has not been abated, the Mayor shall issue a notice of violation as provided for in § 42-3141.05.

District of Columbia § 42-3141.04. Deemed Authorization to Abate

If the owner does not reply as provided for in § 42-3141.03(b)(1), (b)(2), or (b)(3), the owner shall be deemed to have authorized the Mayor to abate the graffiti. The Mayor may then abate the graffiti as if the owner had provided authorization under § 42-3141.03(b)(2).

District of Columbia § 42-3141.05. Notice of Violation; Service of Notice

(a) If an owner elects to abate the graffiti and the graffiti has not been abated by the date stated on the notice, the Mayor may issue a notice of violation for failure to comply with § 42-3141.02.

(b) (1) The notice of violation shall be served on the owner, or the building superintendent, or the Mayor may deliver the notice by certified mail to the owner of the premises. If the owner cannot be identified with reasonable certainty, the Mayor may conspicuously post the notice on the premises alleged to be in violation and deliver a copy of the notice to the Deputy Chief Financial Officer pursuant to paragraph (2) of this subsection.

(2) The Deputy Chief Financial Officer is authorized to receive notices of violation of § 42-3141.02 on behalf of any resident or non-resident person who owns property in the District, if the person has not provided to the Deputy Chief Financial Officer a mailing address. The Deputy Chief Financial Officer shall post a copy of the notice served on the Deputy Chief Financial Officer in a conspicuous place on the property.

District of Columbia § 42-3141.06. Answer and Expedited Hearing

(a) An owner who has received a notice of violation shall answer within 5 days after service of the notice of violation. At the time that an owner answers the notice of violation, the owner may request a hearing on the allegations set forth in the notice of violation. If the owner fails to answer as required in the notice of violation, the owner shall be deemed to have admitted the violation and the Office of Administrative Hearings shall issue a default judgment ordering the owner to pay abatement costs, interest, and penalties as provided for in § 42-3141.07.

(b) If an owner answers the notice of violation in the manner required in the notice of violation, the Office of Administrative Hearings shall issue a final order on that notice of violation no later than 30 days after the date on which the notice of violation was filed with the Office of Administrative Hearings.

District of Columbia § 42-3141.07. Payment of Abatement Costs and Penalties

(a) If a default judgment is issued under § 42-3141.06 or if, after a hearing, the Office of Administrative Hearings finds the owner responsible for the violation set forth in the notice of violation, the District may abate the graffiti and the owner (not the owner's agent) shall owe to the District 21/2 times the District's abatement costs plus a penalty of $ 500 for each violation.

(b) The Mayor shall bill the owner for the amount owed under subsection (a) of this section. If the amount is not paid within 30 days from the date of the bill, interest shall be assessed at the rate of 11/2 % per month.

District of Columbia § 42-3141.08. Graffiti Abatement Fund

(a)(1) There is established as a nonlapsing fund in the Graffiti Abatement Fund (“Fund”), into which shall be deposited:

(A) All fines, penalties, interest, charges and costs, including abatement costs, assessed and collected pursuant to this chapter;

(B) Any funds in the Graffiti Trust Fund, established by 22-3312.03a(g), on the day before September 18, 2010; and

(C) Any civil fines collected as penalties under 22-3312.04.

(2) The deposit of these monies shall be subject to the requirements of 42-3141.09(b).

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Fund shall be used to offset the costs of implementing this chapter, the costs of graffiti abatement and prevention, and the costs of the Office of Administrative Hearings under this chapter.

(d) The Mayor shall submit to the Council an annual statement of the Fund’s receipts and disbursements for the preceding year.

District of Columbia § 42-3141.09. Collection Against an Owner

(a) (1) The amount to be paid under a notice of violation and any other charges, expenses, costs, including abatement costs, penalties, and interest shall be a continuing and perpetual lien in favor of the District upon all real and personal property belonging to a person named in the notice and shall have the same force and effect as a lien created by judgment. Interest shall accrue on the amount due at the rate of 11/2 % a month.

(2) The lien shall attach to all property belonging to the named person at any time during the period of the lien, including any property acquired by the named person after the lien arises.

(3) The lien shall have priority over all other liens, except for District taxes and District water charges; provided, that the lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic's lien, or other such creditor interest in the property, until notice of the lien is filed with the Recorder of Deeds. The lien shall be satisfied by payment of the amount of the lien to the District Treasurer.

(4) For reasonable cause shown, the Mayor may reduce the amount of the bill or lien.

(5) The Mayor may contract with any person to collect the amount of the lien and remunerate the person, subject to available appropriations, by fee, by a percentage of the amount collected, or both.

(b) As additional means for collection, the Mayor may enforce payment of the fines, penalties, costs, and interest imposed under this section against the real property of the owner as follows:

(1) The Mayor shall record a real property tax lien, captioned "Notice of Converted Real Property Tax Lien," with the Recorder of Deeds and in accordance with § 47-1340. The real property tax lien shall be deemed a delinquent real property tax from the date of the conversion, shall accrue interest at the rate of interest charged for delinquent real property tax, and shall be perpetual. Payment thereof shall be credited to the General Fund of the District of Columbia. The real property may be sold at tax sale, regardless of the date of the conversion, in the same manner, under the same conditions, and subject to the same impositions of interest, costs, expenses, fees, and other charges, as real property sold for delinquent real property tax.

(2) The aggregate amount of the costs, expenses, penalties, and interest secured by the lien imposed under subsection (a) of this section may appear on a real property tax bill, and the aggregate amount shall:

(A) Be deemed an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected, including the sale of the real property for delinquent tax; and

(B) Be subject to the same penalty and interest provisions as delinquent real property tax is subject as of the date of such real property tax bill.

(c) The lien under subsection (a) of this section, with penalty and interest as provided under this section, shall be converted to real property tax as of the due date for payment of the real property tax bill if payment is not made.

(d) If the lien has been converted to a real property tax lien under § 47-1340 or if the accrued amount of the lien appears on the real property tax bill, the real property tax lien shall be enforced under Chapter 13A of Title 47 of the District of Columbia Code [§ 47-1330 et seq.].

District of Columbia § 42-3141.10. Graffiti Abatement Materials

(a) If the Mayor provides a paint voucher to an owner to abate graffiti at a particular property, the Mayor is not required to provide another paint voucher to abate graffiti at that property for the 12-month period following the date on which the paint voucher was provided.

(b) If the Mayor provides a graffiti clean-up kit to an owner to abate graffiti at a particular property, the Mayor is not required to provide another clean-up kit to abate graffiti at that property for the 12-month period following the date on which the kit was provided.

(c) The Mayor may provide other types of graffiti removal materials and, by regulation, limit the extent to which they are provided to a property owner.

(d) Nothing in this section precludes the Mayor from providing additional paint vouchers, clean-up kits, or other graffiti abatement materials for use in community anti-graffiti efforts.


Top | Index | Disclaimer | National Gang Center Home