4311. HAZARDOUS CONDITION INFRACTIONS

4311 HAZARDOUS CONDITION INFRACTIONS 4311.1 Violations of any of the following provisions shall be a Class 1 infraction: Closure of sidewalk or bicycle lane without required permit (24 DCMR § 3315.1); Failure to apply for the appropriate occupancy permit authorizing sidewalk or bike lane closure (24 DCMR § 3315.5); 4311.2 Violations of any of the following provisions shall be a Class 2 infraction: Failure to maintain bicycle or pedestrian routes (24 DCMR § 3315.4(b) and (c)(2)); Failure to maintain traffic control signage, devices, and roadway markings as required by the traffic control plan and MUTCD (24 DCMR § 3315.6): Failure to comply with the approved traffic management plan (24 DCMR § 3315.8); Failure to maintain proper lane closure for practices for closure of sidewalk or bicycle lane (24 DCMR § 3315.2); Failure to provide safe and convenient route for pedestrians or bicyclists (24 DCMR § 3315.3; §§ 3315.4(a), 3315(c); 3315(d)); Failure to comply with the safe accommodation requirements found in the current DDOT standards, “Pedestrian Safety and Work Zone Standards - Covered and Open Walkways” (24 DCMR § 3315.4(a)); Failure to provide safe pedestrian access route free of hazards, construction materials, and debris (24 DCMR § 3315.4(b)); 4311.3 Violations of any of the following provisions shall be a Class 3 infraction: Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7); Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle lane or placed in an intersection as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7); Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7); Failure to have a traffic safety officer on site when required, as required by Standard Specifications for Highways and Structures § 612 (24 DCMR § 3403.7); Failure to install and maintain shared lane markings and work zone signage when rerouting bicyclists (24 DCMR § 3315.4(d)(4)); Failure to use required MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route for pedestrians and bicyclists (24 DCMR § 3315.6); Failure to provide and maintain certified flaggers during intermittent lane or route closures (24 DCMR § 3315.7(a)); 4311.4 Violations of any of the following provisions shall be a Class 4 infraction: Failure to provide ADA-compliant pedestrian accommodations required by an approved traffic control plan (24 DCMR § 3315.4(b)); Failure to provide safe bicycle accommodations (24 DCMR § 3315.1); Obstructing public space without a public space permit (24 DCMR § 2001.2); Failure to properly protect public space when travel is obstructed (24 DCMR § 2001.4); Obstructing free use of public space—overgrowth of shrubs, trees, or bushes without a permit (24 DCMR § 2001.3); 4311.5 [RESERVED] SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4311