District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1035 Compare Versions

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1111 November 8, 2024
1212
1313 Nyasha Smith
1414 Secretary to the Council
1515 Council of the District of Columbia
1616 1350 Pennsylvania Avenue, NW
1717 Washington, D.C. 20004
1818
1919 Dear Secretary Smith:
2020
2121 Today, I am introducing the “Department of Parks and Recreation Field Priority Access Amendment
2222 Act of 2024”. Please find enclosed a signed copy of the legislation.
2323
2424 The District has one of the most active and robust youth recreational sporting communities in the
2525 country. With it comes the ever-increasing challenge of field space and scheduling. Both the
2626 Department of Parks and Recreation (“DPR”) and District of Columbia Public Schools (“DCPS”) have
2727 field space that are in high demand when available, and often in competition with different age
2828 groups as well as more selective, competitive teams across a wide range of sports.
2929
3030 One need only spend a few hours on a warm weeknight or weekend at The Fields at RFK to
3131 understand the immense and impressive demand for those fields and to see the challenge
3232 confronting the District. Multiple teams will divide up a single soccer field to ensure every kid gets
3333 some exercise and learn more about being part of a team, but that ends up being a substandard
3434 experience for the children. As a result, many sports leagues lose District families who opt to go to
3535 Maryland or Virginia, where field space is not an issue and there are fewer cancelled games or lost
3636 opportunities to reschedule following a rainout.
3737
3838 This bill is aimed at protecting and growing the youth sports leagues that serve all kids across the
3939 District. First, the bill grants priority access during peak youth sports times for both practice and
4040 games on DPR fields. Second, it creates a rubric in which DCPS school fields are made available
4141 without creating an undue burden on school staff or putting at risk the use of those fields for school
4242 teams and school events. Third, it puts in place protections to ensure these leagues are responsible
4343 for maintaining the safety and quality of the fields and leaving them in as good shape as they are
4444 found. Currently, DCPS fields are rarely made available to sports leagues without paying a significant
4545 fee to use them on the weekends.
4646 For sports leagues seeking access to either a DPR or DCPS field, priority access would be granted to
4747 leagues that undergo the process of becoming a certified community-based youth sports
4848 organization with DPR. To qualify, a sports league would need to guarantee it does not restrict
4949 participation based on ability and that there is a process for ensuring low-income residents can play.
5050 The organization would need to meet several administrative requirements to ensure compliance
5151 with DCPS schools’ needs and re-certify regularly. Ensuring the cleanliness and security of the fields
5252 would be a key part of retaining the permit.
5353
5454 Granting these community-based organizations priority access to DPR and DCPS outdoor sports
5555 fields is a straightforward and impactful way to invest in their futures and provide opportunities to
5656 keep them engaged. It also recognizes in a dense city like ours, there is only so much room to build
5757 more fields, and we should look to get the most out the fields the District already maintains.
5858
5959
6060 Sincerely,
6161
6262
6363
6464 Councilmember Charles Allen, Ward 6
6565 Chairperson, Committee on Transportation & the Environment
6666 1
6767 ______________________________ 1
6868 Councilmember Charles Allen 2
6969 3
7070 4
7171 5
7272 A BILL 6
7373 7
7474 ________ 8
7575 9
7676 10
7777 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
7878 12
7979 _________________ 13
8080 14
8181 15
8282 To amend An Act To vest in the Commissioners of the District of Columbia control of street 16
8383 parking in said District to require the Department of Parks and Recreation to establish a 17
8484 program with the District of Columbia Public Schools for use of DCPS outdoor fields by 18
8585 certified, community-based youth sports organizations; to amend the Division of Park 19
8686 Services Act of 1988 to require the Department of Parks and Recreation to create a new 20
8787 permit program for outdoor field use by certified community-based youth sports 21
8888 organizations in the District and lay out the requirements for the program; to amend the 22
8989 Ensuring Community Access to Recreational Spaces Act of 2018 to reorder the priority 23
9090 level of permitted uses for recreational spaces and make conforming changes; and to amend 24
9191 Section 717.2 of Title 19 of the District of Columbia Municipal Regulations to make 25
9292 conforming changes. 26
9393 27
9494 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
9595 act may be cited as the “Department of Parks and Recreation Field Priority Access Amendment 29
9696 Act of 2024”. 30
9797 Sec. 2. Section 6a of An Act To vest in the Commissioners of the District of Columbia 31
9898 control of street parking in said District, effective July 1, 1898 (30 Stat. 570; D.C. Official Code § 32
9999 10–137.01) is amended by adding a new subsection (d-1) to read as follows: 33
100100 “(d-1) Notwithstanding any other provision of law, the Director of the Department shall 34
101101 establish a program in partnership with the District of Columbia Public Schools (“DCPS”) to allow 35
102102 for the use of DCPS outdoor athletic and recreational fields in every ward on evenings and 36
103103 weekends, outside of the hours in which the fields are in active use by schools or the Department.”. 37
104104 2
105105 Sec. 3. The Division of Park Services Act of 1988, effective March 16, 1988 (D.C. Law 7-38
106106 209; D.C. Official Code § 10-166 et seq.) is amended by adding a new section 2b to read as follows: 39
107107 “Sec. 2b. Certified community-based youth sports organizations. 40
108108 “(a) The Department of Parks and Recreation (“Department”) shall establish a Certified 41
109109 Community-Based Youth Sports Organization program for the issuance of outdoor field permits, 42
110110 which shall be determined and certified by the Department. 43
111111 “(b) A certified community-based youth sports organization seeking a permit under this 44
112112 program shall: 45
113113 “(1) Be a District-registered non-profit organization that is tax exempt under 26 46
114114 U.S.C. § 501(c)(3), (4), or (6); 47
115115 “(2) Serve at least 100% of youth under the age of 19, 75% of which are District 48
116116 residents; 49
117117 “(3) Not restrict participation based on ability; 50
118118 “(4) Have a documented process to waive organization fees and uniform costs for 51
119119 low-income families; 52
120120 “(5) Have at least 75% of its leadership team, board of directors, or similar 53
121121 governing body maintain a primary residence within the District; and 54
122122 “(6) Have and maintain accident and general liability insurance. 55
123123 “(c) Certified community-based youth sports organizations shall receive the same priority 56
124124 when rescheduling following a weather-related cancellation as they would be allowed during the 57
125125 initial permit application. 58
126126 “(d) The Department shall make available to certified community-based youth sports 59
127127 organizations any necessary lighting and be responsible for the operation of field lighting as 60
128128 3
129129 necessary at District parks and recreational fields and DCPS athletic and recreational fields during 61
130130 the following windows each week during a season at the same rate for non-profit entities: 62
131131 “(1) For District parks and recreational fields, Monday through Friday from 4:00 63
132132 p.m. to 9:00 p.m., or for a DCPS school during afterschool programs Monday through Friday from 64
133133 6:00 p.m. to 9:00 p.m.; and 65
134134 “(2) Saturday and Sunday from 8:00 a.m. to 7:00 p.m. 66
135135 “(e)(1) DCPS may provide access to bathroom or locker room facilities or security services. 67
136136 “(2) Certified community-based youth sports organizations shall: 68
137137 “(A) Be responsible for the cleanup and disposal of all trash or debris related 69
138138 to their activities; and 70
139139 “(B) Leave the athletic and recreational field secured as requested by the 71
140140 Department or DCPS. 72
141141 “(3) DCPS shall not pass on associated costs for staffing, custodial, or security 73
142142 services to certified community-based youth sports organizations. 74
143143 “(f) DCPS may cancel any permitted activity with 30 days’ notice to the community-based 75
144144 youth sports organization that conflicts with a DCPS activity on or at the outdoor athletic and 76
145145 recreational field. 77
146146 “(g) The Department may suspend or revoke the certification of a community-based youth 78
147147 sports organization if: 79
148148 “(1) More than 25% of the permits accepted are not used in a given sports season, 80
149149 excluding postponements due to weather or unforeseen circumstances outside of the control of the 81
150150 certified community-based youth sports organization; 82
151151 “(2) Any permit is transferred to or used by any other entity without the written 83
152152 consent of the Department; 84
153153 4
154154 “(3) For a DCPS school permit, any violation of specific agreements relating to 85
155155 cleanup, trash disposal, and securing the field after use; or 86
156156 “(4) The certified community-based youth sports organization fails to remain in 87
157157 good standing with the Department or meet other requirements that may be set by the Department, 88
158158 DCPS, or other District agencies. 89
159159 “(h) The Department shall require a certified community-based youth sports organization 90
160160 to re-apply for certification annually.”. 91
161161 Sec. 4. Section 3 of the Ensuring Community Access to Recreational Spaces Act of 2018, 92
162162 effective February 22, 2019 (D.C. Law 22-210; D.C. Official Code § 38-431 et seq.), is amended 93
163163 as follows: 94
164164 (a) Subsection (a) is amended to read as follows: 95
165165 “(a) School facilities shall be used according to the following order of priority: 96
166166 “(1) Use of the school facility by the public school where the school facility is 97
167167 located; 98
168168 “(2) Use of the school facility by DCPS; 99
169169 “(3) Community use at times designated by the Mayor; and 100
170170 “(4) Use of the school facility by permit holders, including permits issued by the 101
171171 Department of Parks and Recreation. 102
172172 (b) Subsection (b)(2) is amended by adding a new subparagraph (B-i) to read as follows: 103
173173 “(B-i) Certified community-based youth sports organizations;”. 104
174174 (c) Subsection (c) is amended by striking the phrase “school facility” and inserting the 105
175175 phrase “school facility, except that custodial or security fees shall not be charged for the use of a 106
176176 field” in its place. 107
177177 5
178178 Sec. 5. Section 717.2 of Title 19 of the District of Columbia Municipal Regulations is 108
179179 amended to read as follows: 109
180180 “If more than one (1) applicant is seeking a permit for the same permitted use or equipment 110
181181 at the same time, the Department shall establish the following priority: 111
182182 “(a) Department-sponsored activities; 112
183183 “(b) Athletic programs organized by DCPS, District public charter schools, or the 113
184184 DCSAA for competitive league play and not for intramurals; 114
185185 “(c) Certified community-based youth sports organizations as recognized by the 115
186186 Department and youth non-profit organizations, including schools, principally serving District 116
187187 residents; 117
188188 “(d) Non-profit partners such as Programmatic Partners, Park Partners, and 118
189189 Collaborative Partners or designated organizations recognized by the Department in a written 119
190190 agreement; 120
191191 “(e) Adult non-profit organizations principally serving District residents; 121
192192 “(f) Other organizations, groups, or individuals for private use that are based in the 122
193193 District; and then 123
194194 “(g) Others.”. 124
195195 Sec. 6. Fiscal impact statement. 125
196196 The Council adopts the fiscal impact statement in the committee report as the fiscal impact 126
197197 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 127
198198 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 128
199199 Sec. 7. Effective date. 129
200200 This act shall take effect following approval by the Mayor (or in the event of veto by the 130
201201 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 131
202202 6
203203 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 132
204204 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 133
205205 Columbia Register. 134