(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 $ 1,000 or imprisoned for not more than 6 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 $ 5,000 or imprisoned for not more than 5 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 $ 10,000 or imprisoned for not more than 10 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 6 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).
(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 $ 1,000 or imprisoned for not more than 6 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 $ 5,000 or imprisoned for not more than 5 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 $ 10,000 or imprisoned for not more than 10 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 6 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).
For the purposes of §§ 22-3312.01 through 22-3312.05, the term:
(1) "Abate" means to effectively remove.
(2) "Department" means the Department of Public Works.
(3) "Director" means the Director of the Department of Public Works.
(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) "Nuisance" means any building, sign, or other structure, or premises which, because of graffiti, may encourage more graffiti, increase criminal activity in the surrounding areas, or create an impression of social and economic decline.
(8) "Owner of a sign" shall include the person in charge, possession, or control of the sign.
(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.
(a) Any person applying graffiti on public or private property shall have the duty to abate the graffiti within 24 hours after notice by the Director, the Chief of Police, or the private owner of the property involved. Abatement shall be done in a manner prescribed by the Director. Any person applying the graffiti shall be responsible for the abatement or payment for the abatement. When graffiti is applied by a minor, the parents or legal guardian shall also be responsible for the abatement or payment for the abatement if the minor is unable to pay.
(b) Subject to the availability of annual appropriations for that purpose, the Mayor shall provide graffiti removal services to abate graffiti on public property. The Mayor shall provide, subject to appropriations, graffiti removal services for the abatement of graffiti on private property that is visible from the public right-of-way without charge to the property owner if the property owner first executes a waiver of liability in the form prescribed by the Mayor.
(c) Whenever any building, sign, or other structure, or premises within the District are determined by the Mayor to have become a nuisance because of graffiti and the property owner fails to accept the Mayor’s graffiti removal services after the Mayor has attempted in good faith to obtain consent and a waiver of liability from the owner for such services, the Mayor may serve the owner of the building, sign, or other structure, or premises a notice of nuisance abatement in writing, in the form set forth in subsection (e) of this section. The notice shall be served on the owner by personal delivery or by certified mail, but if graffiti is found on a sign and the owner of the sign cannot be found, or his whereabouts cannot be ascertained, notice may be attached to the sign.
(d) (1) The property owner may dispute the Mayor’s determination through an adjudication by mail or at an administrative hearing on the grounds that:
(A) The inscription, writing, drawing, marking, or design that the Mayor has determined to constitute graffiti is on the property with the owner’s consent;
(B) The graffiti has been removed at the owner’s expense; or
(C) The owner has filed a waiver of liability consenting to receive, without charge, the Mayor’s graffiti removal services.
(2) A request for an adjudication by mail shall include a written statement signed by the owner of the property setting forth facts relevant to establishing a defense to the Mayor’s determination and any documentary evidence which supports the owner’s defense.
(3) Upon the owner’s failure to remove the graffiti, file a waiver of liability consenting to receive, without charge, the Mayor’s graffiti removal services, or submit to the Mayor a written request for a hearing or an adjudication by mail to dispute the Mayor’s determination that the property identified in the notice has become a nuisance because of graffiti, either by mail, courier, or in person, within 60 days of the date of the personal delivery, certified mailing, or attachment to a sign of the notice, the Mayor, or the Mayor’s agents or contractors, may enter or access the property specified in the notice and abate the nuisance by removing or concealing the graffiti.
(4) Upon receipt of a timely request for a hearing or an adjudication by mail, the Mayor shall designate a hearing officer who shall conduct the hearing or adjudication by mail within 30 days of receiving the request.
(5) Upon a hearing officer’s finding that the property has become a nuisance because of graffiti and that the property owner has failed to establish any of the defenses listed in paragraph (1) of this subsection, the Mayor, or the Mayor’s agents or contractors, may enter or access the property specified in the notice and abate the nuisance by removing or concealing the graffiti.
(6) Whenever the Mayor, or the Mayor’s agents or contractors, abates graffiti pursuant to this subsection, the Mayor may assess the costs of the graffiti abatement, including all administrative, personnel, and material expenses, against the owner of the property upon which the graffiti was abated. The Mayor shall bill the owner for these costs. If the owner fails to pay the bill within 30 days from the date of the bill, the bill shall be considered unpaid.
(e) The notice served pursuant to this section shall state the following:
"Notice of Nuisance Abatement
"Pursuant to sections 22-3312.01 through 22-3312.05 of the District of
Columbia Code, the District of Columbia has determined that the property at
the following address [describe property (for example, building, sign) and insert
address] has become a nuisance because of graffiti located [describe where on
the structure or structures the graffiti marks are located] on this property.
Unless you remove the graffiti, file a waiver of liability consenting to receive,
without charge, graffiti removal services from the Mayor, or submit to the Mayor
a written request for a hearing or an adjudication by mail to contest the Mayor’s
determination within 60 days of the date of the personal delivery, certified
mailing, or attachment to a sign of this notice, you will be deemed to have
given permission to the Mayor’s agent or contractor to enter and access the
specified property and utilize the means they determine appropriate to remove
or conceal the graffiti at the specified location. If you request a hearing
or an adjudication by mail, you may contest the determination that your property
has become a nuisance, on the grounds that: (1) the inscription, writing, drawing,
marking or design that the Mayor has determined to constitute graffiti is on
the property with your consent; (2) the graffiti has been removed at your expense;
or (3) you have filed a waiver of liability consenting to receive, without charge,
graffiti removal services from the Mayor. This constitutes notice that the Mayor,
or the Mayor’s agent or contractor, shall work on as much of the structure as
necessary to remove or conceal the graffiti, and that none of the individuals
or organizations participating in this activity shall be responsible for removing
or concealing the graffiti expressly to your satisfaction."
(f) In no case shall the agency or organization performing abatement under subsection (b) of this section be required to clean, paint, or repair any area more extensive than where the graffiti is located.
(g) (1) There is established a Graffiti Trust Fund separate from the General Fund of the District of Columbia.
(2) Fines collected as penalties under § 22-3312.04 shall be deposited in the Graffiti Trust Fund, along with any monetary donations or in-kind services and materials received from persons wishing to contribute to the fund.
(3) The Mayor shall direct expenditures of monies and services from the fund. The expenditures shall be limited to payment of the cost of graffiti abatement (including paint, equipment, and materials necessary to abate graffiti), the operation of a anti-graffiti hotline, and rewards limited to $50 for information leading to the conviction of violators of the provisions of §§ 22-3312.01 through 22-3312.05.
(a) Any person who violates any provision of § 22-3312.01 shall be fined not less than $250 or more than $1,000, 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 the Litter Control Administrative Act of 1985.
(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 to exceed $500, 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.
(Top)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:
Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;
(1) 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.
(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 § 33-582 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;