1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | COUNCIL OF THE DISTRICT OF COLUMBIA |
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4 | 4 | | OFFICE OF COUNCILMEMBER BROOKE PINTO |
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5 | 5 | | THE JOHN A. WILSON BUILDING |
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6 | 6 | | 1350 PENNSYLVANIA AVENUE, N.W. , SUITE 106 |
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7 | 7 | | WASHINGTON, D.C. 20004 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | March 24, 2025 |
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13 | 13 | | |
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14 | 14 | | Nyasha Howard, Secretary |
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15 | 15 | | Council of the District of Columbia |
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16 | 16 | | 1350 Pennsylvania Avenue, N.W. |
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17 | 17 | | Washington, DC 20004 |
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18 | 18 | | |
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19 | 19 | | Dear Secretary Howard, |
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20 | 20 | | |
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21 | 21 | | Today, along with Chairman Phil Mendelson and Councilmember Matthew Frumin, I am |
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22 | 22 | | introducing the Residential Tranquility Amendment Act of 2025. This legislation is necessary to |
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23 | 23 | | provide protection for residential tranquility and the safety of those who reside in the District. |
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24 | 24 | | Government has an obligation to protect residents from escalating forms of harassment and to |
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25 | 25 | | ensure the fundamental right to peace and security in ones homes. Current enforcement |
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26 | 26 | | mechanisms have proven insufficient to address harassment, leaving residents vulnerable to |
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27 | 27 | | immediate and ongoing harm. This bill is an urgent and necessary approach to safeguarding the |
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28 | 28 | | well-being of District residents and addressing challenges to residential peace and security. |
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29 | 29 | | |
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30 | 30 | | The District of Columbia has observed an increase in targeted demonstrations using amplified |
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31 | 31 | | sound devices, creating significant disruptions that extend far beyond any single residence |
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32 | 32 | | impacting entire communities. These demonstrations, particularly when employing amplified |
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33 | 33 | | sound devices, fundamentally disturb the peace and tranquility that residents should rightfully |
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34 | 34 | | expect in their homes. As the Supreme Court emphasized in Carey v. Brown, “The State's interest |
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35 | 35 | | in protecting the well-being, tranquility, and privacy of the home is certainly of the highest order |
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36 | 36 | | in a free and civilized society.” |
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37 | 37 | | i |
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38 | 38 | | The Court has consistently recognized the home as “the last citadel |
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39 | 39 | | of the tired, the weary, and the sick,” |
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40 | 40 | | ii |
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41 | 41 | | and maintained that “preserving the sanctity of the home, |
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42 | 42 | | the one retreat to which men and women can repair to escape from the tribulations of their daily |
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43 | 43 | | pursuits, is surely an important value.” |
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44 | 44 | | iii |
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45 | 45 | | |
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46 | 46 | | |
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47 | 47 | | The persistent use of amplified sound devices in residential areas poses significant health risks to |
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48 | 48 | | residents. Medical research has established that persistent exposure to elevated sound levels can |
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49 | 49 | | trigger anxiety, elevated stress hormones, and adverse psychological effects. |
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50 | 50 | | iv |
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51 | 51 | | These impacts are |
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52 | 52 | | particularly severe for children whose cognitive development can be impaired by chronic |
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53 | 53 | | excessive sound exposure, and for elderly residents or residents with disabilities who may be more |
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54 | 54 | | sensitive to auditory disruptions. |
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55 | 55 | | v |
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56 | 56 | | |
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57 | 57 | | |
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58 | 58 | | 2 |
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59 | 59 | | |
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60 | 60 | | Current regulations have proven inadequate in addressing the unique harm caused by targeted |
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61 | 61 | | amplified sound at residences, leaving communities without sufficient protections. |
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62 | 62 | | Demonstrations targeted at a residence can cause serious health, work, learning and sleep |
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63 | 63 | | disruptions; the limitations imposed through this legislation will help address these unique harms. |
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64 | 64 | | |
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65 | 65 | | The legislation also addresses the emerging issue of unattended sound amplifying devices being |
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66 | 66 | | placed near residences. These devices, when left without active supervision, create unique |
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67 | 67 | | enforcement challenges and can subject residents to prolonged harassment with no accountable |
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68 | 68 | | party present to address concerns. The amendment prohibits the use of unattended amplifying |
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69 | 69 | | devices that target a residence for purposes of a demonstration while carefully preserving |
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70 | 70 | | legitimate uses through specific exemptions for emergency systems, security devices, permitted |
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71 | 71 | | events, construction activities, religious practices, and other necessary functions. This balanced |
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72 | 72 | | approach protects residential tranquility without unduly restricting legitimate sound-producing |
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73 | 73 | | activities that serve important community purposes. By requiring personal accountability for the |
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74 | 74 | | operation of sound-producing devices targeting residences, this provision strengthens enforcement |
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75 | 75 | | mechanisms against a form of harassment that has emerged as particularly disruptive to residential |
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76 | 76 | | communities. |
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77 | 77 | | |
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78 | 78 | | The District has also observed a disturbing trend of individuals throwing projectiles at residential |
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79 | 79 | | properties as a means of harassment and intimidation. This behavior not only poses immediate |
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80 | 80 | | safety risks and potential property damage but also creates significant psychological distress for |
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81 | 81 | | residents who feel targeted and unsafe in their own homes. The current legal framework does not |
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82 | 82 | | adequately address this specific form of harassment, leaving a critical gap in protections for |
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83 | 83 | | District residents facing such intimidation tactics. |
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84 | 84 | | |
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85 | 85 | | I previously introduced similar emergency legislation, which was passed by the Council in |
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86 | 86 | | December 2024, and this legislation would make permanent many of those changes. |
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87 | 87 | | |
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88 | 88 | | Should you have any questions about this legislation, please contact Linn Groft, Committee and |
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89 | 89 | | Legislative Director at lgroft@dccouncil.gov. |
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90 | 90 | | |
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91 | 91 | | Thank you, |
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92 | 92 | | |
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93 | 93 | | |
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94 | 94 | | Brooke Pinto |
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95 | 95 | | Councilmember, Ward 2 |
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96 | 96 | | Chairwoman, Committee on the Judiciary and Public Safety |
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97 | 97 | | Council of the District of Columbia |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | |
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101 | 101 | | i |
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102 | 102 | | Carey v. Brown, 447 U.S. 455, 471. |
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103 | 103 | | ii |
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104 | 104 | | Gregory v. Chicago, 394 U.S. 111, 125 (1969) (Black, J., concurring). |
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105 | 105 | | |
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106 | 106 | | 3 |
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107 | 107 | | |
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108 | 108 | | |
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109 | 109 | | iii |
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110 | 110 | | Carey, supra n.1, at 471. |
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111 | 111 | | iv |
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112 | 112 | | Hahad, Omar et al. Environmental Noise-Induced Effects on Stress Hormones, Oxidative Stress, and Vascular |
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113 | 113 | | Dysfunction: Key Factors in the Relationship between Cerebrocardiovascular and Psychological Disorders, |
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114 | 114 | | Oxidative medicine and cellular longevity (Nov. 2019), available here. |
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115 | 115 | | v |
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116 | 116 | | Balk, Sophie J et al., Preventing Excessive Noise Exposure in Infants, Children, and Adolescents, Pediatrics |
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117 | 117 | | (October 2023), available here. |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | _____________________________ ___________________________ 1 |
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121 | 121 | | Chairman Phil M endelson Councilmember Brooke Pinto 2 |
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122 | 122 | | 3 |
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123 | 123 | | 4 |
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124 | 124 | | 5 |
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125 | 125 | | _____________________________ _____________________________ 6 |
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126 | 126 | | Councilmember Wendell Felder Councilmember Matthew Frumin 7 |
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127 | 127 | | 8 |
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128 | 128 | | 9 |
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129 | 129 | | A BILL 10 |
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130 | 130 | | 11 |
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131 | 131 | | _________________________ 12 |
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132 | 132 | | 13 |
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133 | 133 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 |
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134 | 134 | | 15 |
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135 | 135 | | _________________________ 16 |
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136 | 136 | | 17 |
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137 | 137 | | To amend the Residential Tranquility Act of 2010 to prohibit persons targeting a residence for 18 |
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138 | 138 | | purposes of a demonstration from using sound amplifying devices in a residential zone 19 |
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139 | 139 | | between 7:00 p.m. and 9:00 a.m., and to prohibit a person from launching or throwing a 20 |
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140 | 140 | | projectile onto the residential property of another with the intent to cause fear, intimidate, 21 |
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141 | 141 | | or retaliate against any person living or working at that residence; and to prohibit the use 22 |
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142 | 142 | | of unattended noise amplifying devices emitting sound while targeting a residence; and to 23 |
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143 | 143 | | amend the National Capital Revitalization and Self-Government Improvement Act of 24 |
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144 | 144 | | 1997 to provide that the term expiration date for a Council appointment to the 25 |
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145 | 145 | | Corrections Information Council shall be December 7th of the year in which the term 26 |
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146 | 146 | | expires. 27 |
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147 | 147 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 28 |
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148 | 148 | | be cited as the “Residential Tranquility Amendment Act of 2025”. 29 |
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149 | 149 | | Sec. 2. The Residential Tranquility Act of 2010, effective May 26, 2011 (D.C. Law 18- 30 |
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150 | 150 | | 374; D.C. Official Code § 22- 2751 et seq.), is amended as follows: 31 |
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151 | 151 | | (a) Section 2 (D.C. Official Code § 22- 2751) is amended by adding a new paragraph (4) 32 |
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152 | 152 | | to read as follows: 33 |
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153 | 153 | | "(4) "Sound amplifying device" means any machine, device, or loudspeaker that 34 |
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154 | 154 | | amplifies sound of the human voice, music, or any other sound. The term "sound amplifying 35 |
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155 | 155 | | |
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156 | 156 | | |
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157 | 157 | | device" shall not include automobile audio systems when used and heard only by the occupants 36 |
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158 | 158 | | of the vehicle in which the automobile audio system is installed, personal hearing aids, or 37 |
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159 | 159 | | headphones. 38 |
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160 | 160 | | “(5) “Unattended” means the device is not actively monitored, controlled, or supervised 39 |
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161 | 161 | | by a person who is not in close physical proximity and capable of immediately ceasing the 40 |
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162 | 162 | | operation of the device. 41 |
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163 | 163 | | “(6) “Emitting" means the production or transmission of sound, whether continuous, 42 |
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164 | 164 | | intermittent, or sporadic, that is audible to the average person at a distance of 25 feet or more 43 |
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165 | 165 | | from the source of the sound amplifying device.”. 44 |
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166 | 166 | | (b) Section 3 (D.C. Official Code § 22- 2752) is amended by adding new subsections (a-1) 45 |
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167 | 167 | | and (a-3) to read as follows: 46 |
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168 | 168 | | "(a-1) It is unlawful for a person to use a sound amplifying device to target a residence 47 |
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169 | 169 | | for purposes of a demonstration between 7:00 p.m. and 9:00 a.m. in Residential Zones, 48 |
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170 | 170 | | Residential Flat Zones, or Residential Apartment Zones, as those terms are defined in the District 49 |
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171 | 171 | | of Columbia Zoning Regulations. 50 |
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172 | 172 | | "(a-2) It is unlawful to continue or resume targeting a residence in violation of this law 51 |
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173 | 173 | | after being instructed by a law enforcement officer to cease targeting a residence in violation of 52 |
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174 | 174 | | this law." 53 |
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175 | 175 | | “(a-3) It is unlawful to leave or operate an unattended sound amplifying device emitting 54 |
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176 | 176 | | sound to target a residence for purposes of a demonstration, provided that this prohibition shall 55 |
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177 | 177 | | not apply to the following categories of devices or uses when used in compliance with all other 56 |
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178 | 178 | | applicable laws and regulations: 57 |
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179 | 179 | | “(1) Devices used for emergency or public safety purposes, including fire alarms, 58 |
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180 | 180 | | |
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181 | 181 | | |
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182 | 182 | | smoke detectors, carbon monoxide detectors, and public address systems as well as emergency 59 |
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183 | 183 | | alert systems or sirens used to warn the public of imminent danger or natural disasters; 60 |
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184 | 184 | | “(2) Devices that are integral to property security or access control, including but 61 |
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185 | 185 | | not limited to ring doorbells or similar video-enabled doorbell systems and electronic security 62 |
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186 | 186 | | alarms or electronic security systems designed to alert property owners or occupants of 63 |
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187 | 187 | | unauthorized access or other security concerns. |
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188 | 188 | | 64 |
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189 | 189 | | “(3) Sound amplifying devices used for events for which a valid permit has been 65 |
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190 | 190 | | issued by the appropriate governmental authority such as concerts, parades, festivals or public 66 |
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191 | 191 | | demonstrations, provided that such use complies with the terms and conditions of the permit; |
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192 | 192 | | 67 |
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193 | 193 | | “(4) Devices used in connection with construction activities, maintenance 68 |
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194 | 194 | | activities, or repair activities, provided that such use is limited to the hours and noise levels 69 |
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195 | 195 | | permitted under the Noise Act; |
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196 | 196 | | 70 |
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197 | 197 | | “(5) Devices used in connection with religious practices or by places of worship, 71 |
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198 | 198 | | including but not limited to church bells, mosque calls to prayer, or other similar religious sound 72 |
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199 | 199 | | devices, including amplifying devices used during religious ceremonies or services, provided 73 |
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200 | 200 | | that such use is consistent with federal and local noise regulations; 74 |
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201 | 201 | | “(6) Sound amplifying devices operated by law enforcement, fire departments, or 75 |
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202 | 202 | | other emergency services resulting from emergency work, which is to be construed as work 76 |
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203 | 203 | | made necessary to restore property to a safe condition following a public emergency, or work 77 |
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204 | 204 | | required to protect persons or property from any imminent exposure to danger. |
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205 | 205 | | 78 |
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206 | 206 | | “(b) Th e exemptions listed in this section shall not be construed to permit the use 79 |
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207 | 207 | | of sound amplifying devices in a manner that constitutes a public nuisance or otherwise violates 80 |
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208 | 208 | | applicable noise ordinances. 81 |
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209 | 209 | | |
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210 | 210 | | |
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211 | 211 | | “(d) This section shall not be construed to exempt any device or use from compliance 82 |
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212 | 212 | | with other relevant District laws or regulations governing noise. 83 |
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213 | 213 | | (c) A new section 3a is added to read as follows: 84 |
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214 | 214 | | "Sec. 3a. Throwing projectiles at residential property. 85 |
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215 | 215 | | "(a) It is unlawful for any person to launch or throw a projectile onto the residential 86 |
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216 | 216 | | property of another with the intent to cause fear, intimidate, or retaliate against any person living 87 |
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217 | 217 | | or working at that residence. 88 |
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218 | 218 | | "(b) A person who violates this section, upon conviction, shall be fined no more than the 89 |
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219 | 219 | | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 90 |
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220 | 220 | | effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for 91 |
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221 | 221 | | no more than 90 days, or both.". 92 |
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222 | 222 | | Sec. 3. Section 11201a(b)(2) of the National Capital Revitalization and Self-Government 93 |
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223 | 223 | | Improvement Act of 1997, effective October 2, 2010 (D.C. Law 18- 233; D.C. Official Code § 94 |
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224 | 224 | | 24-101.01(b)(2)), is amended by adding a new subparagraph (B-1) to read as follows: 95 |
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225 | 225 | | "(B-1) Notwithstanding any other provision of law, the term 96 |
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226 | 226 | | expiration date for a Council appointment to the Corrections Information Council shall be 97 |
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227 | 227 | | December 7th of the year in which the term expires.". 98 |
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228 | 228 | | Sec. 4. Fiscal impact statement. 99 |
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229 | 229 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 100 |
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230 | 230 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 101 |
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231 | 231 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 102 |
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232 | 232 | | Sec. 5. Effective date. 103 |
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233 | 233 | | This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, 104 |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | action by the Council to override the veto), a 30-day period of congressional review as provided 105 |
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237 | 237 | | in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 106 |
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238 | 238 | | (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of Columbia 107 |
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239 | 239 | | Register. 108 |
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