§ 37–131.08. Penalties.

(a) The following violations shall be Class 1 civil infractions and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201):

(1) Vending without an active license, site permit, or other required licenses and permits pursuant to § 37-131.02(a); and

(2) Knowingly altering, falsifying, or misrepresenting any license, permit, or certificate required pursuant to this chapter, or any other applicable laws or regulations.

(b) All other violations of this chapter and applicable street vending regulations shall be categorized as Class 2, 3, 4, or 5 civil infractions.

(c) Prior to issuing a notice of infraction for violations of this chapter and applicable regulations, the Mayor may give a verbal or written warning to the violator; provided, that this subsection shall not apply to violations listed under subsection (a) of this section.

(d)(1) A person who violates subsection (a)(1) of this section in the presence of an enforcement officer shall identify himself or herself at the direction of the officer by giving his or her legal name and current address. If the person refuses to provide his or her legal name and current address, or if the enforcement officer has reason to believe that the person is providing an incorrect name or address, the enforcement officer may request that the person provide reasonable identification. Upon request of the enforcement officer, the person shall produce reasonable identification.

(2) If a person refuses to produce reasonable identification pursuant to paragraph (1) of this subsection, the enforcement officer may not make an arrest but may detain the person for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing notice of a civil infraction pursuant to § 2-1802.01.

(3) For purposes of this subsection, the term:

(A) "Detain" means to verbally order a person to remain at his or her current location or a nearby location specified by the enforcement officer.

(B) "Enforcement officer" means a person authorized to enforce the provisions of this chapter; provided, that this shall not include an officer or member of the Metropolitan Police Department of the District of Columbia.

(C) "Reasonable identification" means any form of identification that includes a person's legal name and current address.

(e) The Mayor shall issue a revised schedule of civil penalties for violations of this chapter and rules promulgated pursuant to this chapter. The proposed schedule of civil penalties shall be included with rules issued pursuant to § 37-131.10.

(Oct. 22, 2009, D.C. Law 18-71, § 9, 56 DCR 6619; Mar. 9, 2016, D.C. Law 21-79, § 2(b), 63 DCR 762; July 1, 2023, D.C. Law 25-21, § 3(e), 70 DCR 6762.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-79 designated the existing text as (a); and added (b).

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 days) amendment of this section, see § 2 of the Vending Regulations Emergency Amendment Act of 2014 (D.C. Act 20-278, February 20, 2014, 61 DCR 1587).

For temporary (90 days) amendment of this section, see § 2 of the Vending Regulations Emergency Amendment Act of 2014, (D.C. Act 20-343, May 28, 2014, 61 DCR 5709).

For temporary (90 days) amendment of this section, see § 2 of the Classroom Animal for Educational Purposes Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-30, Mar. 27, 2015, 62 DCR 4534, 21 DCSTAT 867).

For temporary (90 days) amendment of this section, see § 2(b) of the Vending Regulations Emergency Amendment Act of 2015 (D.C. Act 21-255, Jan. 6, 2016, 63 DCR 520).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2014 (D.C. Law 20-103, May 15, 2014, 61 DCR 2433).

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2014 (D.C. Law 20-131, Aug. 8, 2014, 61 DCR 6336).

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2015 (D.C. Law 21-8, June 4, 2015, 62 DCR 4566).