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District of Columbia Code Division I. Government of District. § 10-1183. Enforcement and penalties.

Current as of January 01, 2024 | Updated by Findlaw Staff

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(a) The Department shall enforce violations of this subchapter.

(b) The failure to obtain a license required by this subchapter or the violation of a license issued pursuant to this subchapter shall be a class 4 civil infraction under the schedule of fines in 16 DCMR § 3201, issued pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”), and the Mayor may assess civil fines, penalties, and fees as sanctions for any violation of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to the Civil Infractions Act.  Adjudication of any infractions shall be pursuant to the Civil Infractions Act.

(c)(1) Any person who is reasonably suspected of violating this subchapter in the presence of an enforcement agent shall identify himself or herself at the direction of the agent 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 agent has reason to believe that the person is providing an incorrect name or address, the enforcement agent may request that the person provide reasonable identification.  Upon request of the enforcement agent, the person shall produce reasonable identification.

(2) If a person refuses to produce reasonable identification pursuant to paragraph (1) of this subsection, the enforcement agent 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 a notice of a civil infraction.

(d) Before issuing a notice of infraction for a violation of this subchapter, an enforcement agent shall provide a written warning to the violator.  A person who receives a written warning must be given reasonable time to abate the infraction, test equipment to ensure compliance with this subchapter, or to obtain a license pursuant to this subchapter, as the circumstances warrant.

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

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

(2) “Enforcement agent” means a person authorized to enforce the provisions of this subchapter.

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

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 10-1183. Enforcement and penalties. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-10-1183-03/

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