Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-20
ORDINANCE IN THE WAY
Old Law Prevents Proposed Amendment
.. to Pelioa Regulations
Opinion of Attorney for the District
Respecting ausstion Raised-oo-
cupancy of Parking.

The attorney for the District was re-
Gently requested by the District Commits
.ioners to advise them as to their power
and authority to amend section of article
8 of the police regulations by providing
that barber poles may be placed anywhere
wholly within the line Of ratings protecting
basement areas. otherwise the regulations
regarding barber poles being used as signs
shall remain In force as at present pro-
vlded." Today he advised the Commits
sioners that until section IS of an ordinance
of the late corporation Of Washington. ap-
proved January II, 1856 CWebb.s Digest,
21S), is repealed the ordinance in question
will prevent the making of the proposed
amendment.
Section of article of the police regula-
tons provides that no structure to be
used as a sign or advertisement of any sort
shall be built, placed, erected or nulls upon
or from the roof or outer wall of any build
ing without a permit therefor be first is
sued by the Inspector of buildings. Nor
shall any such sign or advertiseme pro-
iect more than three feet. six inches be-
yond the building line
The ordinance of the late corporation of
Washington, referred to by the attorney
reads as follows: ut shall not be lawful
for any person or persons to place or cause
to be placed or allow to remain any goods,
wares. merchandise or any sign box. bar
rel or other obstruction on either of the
footways of any street or avenue further
than four feet from. the building line. or
any of the open spaces, or on the pave
ments fronting or running through the
same
Do Not Apply.
THE regulations relating to buildings"
says the Commissioners legal adviser,
have no application to the erection of a
barber pole, the same being a sign Sec
ton l Of the building regulations distinctly
provides that the word building as there
in used shall not apply to a pole fixed In
the earth. By the act of Congress ap-
proved July l. 1898, relating to the control
of street parking, in the concluding clause
of section 2, it is provided: That where in
any portion of a street more than one-half
OF the front Is occupied and used for bust
ness purposes. the Commissioners are an
thorized and directed to denominate such
portion Of the street as a business street
and shall authorize the use for business
purposes by abutting property owners of
so much of the sidewalk and parking as
may be needed, in the judgment of the said
commissioners by the general public, un-
der such general regulations as the said
commissioners may prescribe -
Under this act" continues the attorney
the Commissioners are authorized, in nv
opinion, to make regulations or amend any
existing regulations permitting the use Of
any part of the sidewalk or parking for
business purposes by abutting property
owners upon streets designated as business,
streets. Except, however, so far as the or
dinance OF the corporation Of Washington
ABOVE mentioned, may be modified by gen
eral regulations made by the Commission
ers pursuant to the act of Congress last
mentioned, by establishing business streets
ana permitting the reasonable use thereof
Tor business purposes, the said ordinance
is, IN my opinion, still In force
Ordinance in the Way.
Recurring, therefore, to that ordinance,
MT hot
to section s, article 8, of the police regula-
tons, cannot be made until said ordinance
Is repealed, if the word 'footways,' as used
IN mat ordinance. means the entire space
between the building line and curb have
examined number of the ordinances of
the corporation of Washington using the
same word, and am satisfied that it WAS
USED throughout and intended to anuIv IN
the entire space between the building line
ana the curb, whether actually used as a
passaseWay for pedestrians or not
IN my opinion. therefore, untif 1t is re-
peaied, section Is of the ordinance above
mentioned, will prevent any amendment Of
the ponce regulations permitting the plac-
lES OF any obstruction upon any street NOT
designated as a business street under the
act OF Congress authorizing the same to
be done further than four feet from the
puiIulnS line. The proposed amendment.
ptHs limited to particular kind of a sign
Is also in its structure. open to objection
ana should be enlarged in Its terms SO as 10
spply to all kinls of signs"
Suggested by Commissioner Wight.
The proposed amendment was suggested
by Commissioner Wight. who explained to
ms associates that many BARRIERS in the city
occupy easements the steps to which ex-
tend out over three feet SIX inches from
the building line, and their barber poles
nave always been within the railing of the
basement, so that they clearly are not OBJ
structtons to pedestrians or Objectionable
IN any way to the public. 1t seemed to
Mr.. Wight. therefore. that the regulations
should be modified as TO allow a barber
pole to be placed anywhere within railing
o. the Kind mentioned by him. and he
therefore, suggested the amendment IN
question. Commissioner Ross, however,
being Of the opinion that The ordinance
quoted by the attorney for the District pro-
hibits the erection of signs more than four
feet from the building line, and believing
tfat the Commissioners could not. by a
police regulation, permit such signs to ex-
tend beyond that distance, recommended
that the question be referred to their at
torney, which recommendation was approx
Ell by the Commissioners. Their attorneys
OPINION is now under consideration by them
CANnENSEn