District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0189 Compare Versions

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33 COUNCIL OF THE DISTRICT OF COLUMBIA
44 OFFICE OF COUNCILMEMBER BROOKE PINTO
55 THE JOHN A. WILSON BUILDING
66 1350 PENNSYLVANIA AVENUE, N.W. , SUITE 106
77 WASHINGTON, D.C. 20004
88
99
1010
1111
1212 March 24, 2025
1313
1414 Nyasha Howard, Secretary
1515 Council of the District of Columbia
1616 1350 Pennsylvania Avenue, N.W.
1717 Washington, DC 20004
1818
1919 Dear Secretary Howard,
2020
2121 Today, along with Chairman Phil Mendelson and Councilmember Matthew Frumin, I am
2222 introducing the Residential Tranquility Amendment Act of 2025. This legislation is necessary to
2323 provide protection for residential tranquility and the safety of those who reside in the District.
2424 Government has an obligation to protect residents from escalating forms of harassment and to
2525 ensure the fundamental right to peace and security in ones homes. Current enforcement
2626 mechanisms have proven insufficient to address harassment, leaving residents vulnerable to
2727 immediate and ongoing harm. This bill is an urgent and necessary approach to safeguarding the
2828 well-being of District residents and addressing challenges to residential peace and security.
2929
3030 The District of Columbia has observed an increase in targeted demonstrations using amplified
3131 sound devices, creating significant disruptions that extend far beyond any single residence
3232 impacting entire communities. These demonstrations, particularly when employing amplified
3333 sound devices, fundamentally disturb the peace and tranquility that residents should rightfully
3434 expect in their homes. As the Supreme Court emphasized in Carey v. Brown, “The State's interest
3535 in protecting the well-being, tranquility, and privacy of the home is certainly of the highest order
3636 in a free and civilized society.”
3737 i
3838 The Court has consistently recognized the home as “the last citadel
3939 of the tired, the weary, and the sick,”
4040 ii
4141 and maintained that “preserving the sanctity of the home,
4242 the one retreat to which men and women can repair to escape from the tribulations of their daily
4343 pursuits, is surely an important value.”
4444 iii
4545
4646
4747 The persistent use of amplified sound devices in residential areas poses significant health risks to
4848 residents. Medical research has established that persistent exposure to elevated sound levels can
4949 trigger anxiety, elevated stress hormones, and adverse psychological effects.
5050 iv
5151 These impacts are
5252 particularly severe for children whose cognitive development can be impaired by chronic
5353 excessive sound exposure, and for elderly residents or residents with disabilities who may be more
5454 sensitive to auditory disruptions.
5555 v
5656
5757
5858 2
5959
6060 Current regulations have proven inadequate in addressing the unique harm caused by targeted
6161 amplified sound at residences, leaving communities without sufficient protections.
6262 Demonstrations targeted at a residence can cause serious health, work, learning and sleep
6363 disruptions; the limitations imposed through this legislation will help address these unique harms.
6464
6565 The legislation also addresses the emerging issue of unattended sound amplifying devices being
6666 placed near residences. These devices, when left without active supervision, create unique
6767 enforcement challenges and can subject residents to prolonged harassment with no accountable
6868 party present to address concerns. The amendment prohibits the use of unattended amplifying
6969 devices that target a residence for purposes of a demonstration while carefully preserving
7070 legitimate uses through specific exemptions for emergency systems, security devices, permitted
7171 events, construction activities, religious practices, and other necessary functions. This balanced
7272 approach protects residential tranquility without unduly restricting legitimate sound-producing
7373 activities that serve important community purposes. By requiring personal accountability for the
7474 operation of sound-producing devices targeting residences, this provision strengthens enforcement
7575 mechanisms against a form of harassment that has emerged as particularly disruptive to residential
7676 communities.
7777
7878 The District has also observed a disturbing trend of individuals throwing projectiles at residential
7979 properties as a means of harassment and intimidation. This behavior not only poses immediate
8080 safety risks and potential property damage but also creates significant psychological distress for
8181 residents who feel targeted and unsafe in their own homes. The current legal framework does not
8282 adequately address this specific form of harassment, leaving a critical gap in protections for
8383 District residents facing such intimidation tactics.
8484
8585 I previously introduced similar emergency legislation, which was passed by the Council in
8686 December 2024, and this legislation would make permanent many of those changes.
8787
8888 Should you have any questions about this legislation, please contact Linn Groft, Committee and
8989 Legislative Director at lgroft@dccouncil.gov.
9090
9191 Thank you,
9292
9393
9494 Brooke Pinto
9595 Councilmember, Ward 2
9696 Chairwoman, Committee on the Judiciary and Public Safety
9797 Council of the District of Columbia
9898
9999
100100
101101 i
102102 Carey v. Brown, 447 U.S. 455, 471.
103103 ii
104104 Gregory v. Chicago, 394 U.S. 111, 125 (1969) (Black, J., concurring).
105105
106106 3
107107
108108
109109 iii
110110 Carey, supra n.1, at 471.
111111 iv
112112 Hahad, Omar et al. Environmental Noise-Induced Effects on Stress Hormones, Oxidative Stress, and Vascular
113113 Dysfunction: Key Factors in the Relationship between Cerebrocardiovascular and Psychological Disorders,
114114 Oxidative medicine and cellular longevity (Nov. 2019), available here.
115115 v
116116 Balk, Sophie J et al., Preventing Excessive Noise Exposure in Infants, Children, and Adolescents, Pediatrics
117117 (October 2023), available here.
118118
119119
120120 _____________________________ ___________________________ 1
121121 Chairman Phil M endelson Councilmember Brooke Pinto 2
122122 3
123123 4
124124 5
125125 _____________________________ _____________________________ 6
126126 Councilmember Wendell Felder Councilmember Matthew Frumin 7
127127 8
128128 9
129129 A BILL 10
130130 11
131131 _________________________ 12
132132 13
133133 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
134134 15
135135 _________________________ 16
136136 17
137137 To amend the Residential Tranquility Act of 2010 to prohibit persons targeting a residence for 18
138138 purposes of a demonstration from using sound amplifying devices in a residential zone 19
139139 between 7:00 p.m. and 9:00 a.m., and to prohibit a person from launching or throwing a 20
140140 projectile onto the residential property of another with the intent to cause fear, intimidate, 21
141141 or retaliate against any person living or working at that residence; and to prohibit the use 22
142142 of unattended noise amplifying devices emitting sound while targeting a residence; and to 23
143143 amend the National Capital Revitalization and Self-Government Improvement Act of 24
144144 1997 to provide that the term expiration date for a Council appointment to the 25
145145 Corrections Information Council shall be December 7th of the year in which the term 26
146146 expires. 27
147147 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 28
148148 be cited as the “Residential Tranquility Amendment Act of 2025”. 29
149149 Sec. 2. The Residential Tranquility Act of 2010, effective May 26, 2011 (D.C. Law 18- 30
150150 374; D.C. Official Code § 22- 2751 et seq.), is amended as follows: 31
151151 (a) Section 2 (D.C. Official Code § 22- 2751) is amended by adding a new paragraph (4) 32
152152 to read as follows: 33
153153 "(4) "Sound amplifying device" means any machine, device, or loudspeaker that 34
154154 amplifies sound of the human voice, music, or any other sound. The term "sound amplifying 35
155155
156156
157157 device" shall not include automobile audio systems when used and heard only by the occupants 36
158158 of the vehicle in which the automobile audio system is installed, personal hearing aids, or 37
159159 headphones. 38
160160 “(5) “Unattended” means the device is not actively monitored, controlled, or supervised 39
161161 by a person who is not in close physical proximity and capable of immediately ceasing the 40
162162 operation of the device. 41
163163 “(6) “Emitting" means the production or transmission of sound, whether continuous, 42
164164 intermittent, or sporadic, that is audible to the average person at a distance of 25 feet or more 43
165165 from the source of the sound amplifying device.”. 44
166166 (b) Section 3 (D.C. Official Code § 22- 2752) is amended by adding new subsections (a-1) 45
167167 and (a-3) to read as follows: 46
168168 "(a-1) It is unlawful for a person to use a sound amplifying device to target a residence 47
169169 for purposes of a demonstration between 7:00 p.m. and 9:00 a.m. in Residential Zones, 48
170170 Residential Flat Zones, or Residential Apartment Zones, as those terms are defined in the District 49
171171 of Columbia Zoning Regulations. 50
172172 "(a-2) It is unlawful to continue or resume targeting a residence in violation of this law 51
173173 after being instructed by a law enforcement officer to cease targeting a residence in violation of 52
174174 this law." 53
175175 “(a-3) It is unlawful to leave or operate an unattended sound amplifying device emitting 54
176176 sound to target a residence for purposes of a demonstration, provided that this prohibition shall 55
177177 not apply to the following categories of devices or uses when used in compliance with all other 56
178178 applicable laws and regulations: 57
179179 “(1) Devices used for emergency or public safety purposes, including fire alarms, 58
180180
181181
182182 smoke detectors, carbon monoxide detectors, and public address systems as well as emergency 59
183183 alert systems or sirens used to warn the public of imminent danger or natural disasters; 60
184184 “(2) Devices that are integral to property security or access control, including but 61
185185 not limited to ring doorbells or similar video-enabled doorbell systems and electronic security 62
186186 alarms or electronic security systems designed to alert property owners or occupants of 63
187187 unauthorized access or other security concerns.
188188 64
189189 “(3) Sound amplifying devices used for events for which a valid permit has been 65
190190 issued by the appropriate governmental authority such as concerts, parades, festivals or public 66
191191 demonstrations, provided that such use complies with the terms and conditions of the permit;
192192 67
193193 “(4) Devices used in connection with construction activities, maintenance 68
194194 activities, or repair activities, provided that such use is limited to the hours and noise levels 69
195195 permitted under the Noise Act;
196196 70
197197 “(5) Devices used in connection with religious practices or by places of worship, 71
198198 including but not limited to church bells, mosque calls to prayer, or other similar religious sound 72
199199 devices, including amplifying devices used during religious ceremonies or services, provided 73
200200 that such use is consistent with federal and local noise regulations; 74
201201 “(6) Sound amplifying devices operated by law enforcement, fire departments, or 75
202202 other emergency services resulting from emergency work, which is to be construed as work 76
203203 made necessary to restore property to a safe condition following a public emergency, or work 77
204204 required to protect persons or property from any imminent exposure to danger.
205205 78
206206 “(b) Th e exemptions listed in this section shall not be construed to permit the use 79
207207 of sound amplifying devices in a manner that constitutes a public nuisance or otherwise violates 80
208208 applicable noise ordinances. 81
209209
210210
211211 “(d) This section shall not be construed to exempt any device or use from compliance 82
212212 with other relevant District laws or regulations governing noise. 83
213213 (c) A new section 3a is added to read as follows: 84
214214 "Sec. 3a. Throwing projectiles at residential property. 85
215215 "(a) It is unlawful for any person to launch or throw a projectile onto the residential 86
216216 property of another with the intent to cause fear, intimidate, or retaliate against any person living 87
217217 or working at that residence. 88
218218 "(b) A person who violates this section, upon conviction, shall be fined no more than the 89
219219 amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 90
220220 effective June 11, 2013 (D.C. Law 19- 317; D.C. Official Code § 22- 3571.01), or incarcerated for 91
221221 no more than 90 days, or both.". 92
222222 Sec. 3. Section 11201a(b)(2) of the National Capital Revitalization and Self-Government 93
223223 Improvement Act of 1997, effective October 2, 2010 (D.C. Law 18- 233; D.C. Official Code § 94
224224 24-101.01(b)(2)), is amended by adding a new subparagraph (B-1) to read as follows: 95
225225 "(B-1) Notwithstanding any other provision of law, the term 96
226226 expiration date for a Council appointment to the Corrections Information Council shall be 97
227227 December 7th of the year in which the term expires.". 98
228228 Sec. 4. Fiscal impact statement. 99
229229 The Council adopts the fiscal impact statement in the committee report as the fiscal 100
230230 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 101
231231 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 102
232232 Sec. 5. Effective date. 103
233233 This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, 104
234234
235235
236236 action by the Council to override the veto), a 30-day period of congressional review as provided 105
237237 in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 106
238238 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of Columbia 107
239239 Register. 108