Evening star., 1899-01-31
THE USE or SIDEWALKS
Opinion Of Attorney Thomas Respecting Eff
~ eSsct oiordinanoss. a.

| ACT OF '"is - SSoe' operates as Re-
peal Of ctsy ora...nce
| I'LL y 'ss".
| The attorney for; the District has rendered
an opinion to the effect that the act Of Con-
tgress OF July l. 1s9sss yessing in the District
| Commissioners the control of street park
/ ings in the Districtnperates- as a repeal of
| the city ordinance of 1856 as to the use of,
| sidewalks. The old city ordinance made It
unlawful for any person to place or cause
| to be placed or to allow to remain any
| goods wares, merchandise, or any sign,
| box. barrel or other obstruction on the
| footways of ars street or avenue further
! than four feet from the building The OBJ
| ject Of this ordinance, the attorney ex-
plains. WAS to, permit the temporary use
Of sidewalks by merchants in handling their
| merchandise and to use four feet of the
| of their stores.
| Quoting the act, Of 1898, the Districts
| legal adviser says the second section pro-
yides as follows:
| THAT where in any portion of a street
| more than one-half Of the front is occu-
| pied and used for business purposes, the
| Commissioners are authorized and directed
! to denominate such portion of the street as
1
use for business purposes by abutting prop
erty owners Of SO much of the sidewalk and
| parking as may not be needed. in the judg-
| ment of the said Commissioners, by the
general public, under such regulations as
the said Commissioners may prescribe"
| Provision of Sixth Section.
| The sixth section of the act of 1898 au-
| thorizes the Commissioners to make regu-
! lations concerning the use of the sidewalk
| and parking on business streets, and in
| the opinion Of the attorney there Is some
| conflict between the old ordinance and the
act of 1898.
| while the two acts" he states, "do not
| relate entirely to the same subject, one
| permits the use by merchants of four feet
| of the sidewalk next to the building line
| for the display of their goods and the other
| authorizes the use of the sidewalk ana
| parking on parked streets by abutting prop
| erty owners. The latter act was designed
| to provide for the case of parked streets.
| or streets and avenues where the parked
space Is paved and there unusually
| wide sidewalks. In such cases abutting
property owners may be permitted to use,
| under proper regulations. more than four
| feet Of the sidewalk.
| The effect of the act of Congress- con-
| tinues the attorney, ''on the ordinance is to
| modify 1t as to the use of the sidewalk and
| parking on parked streets. On such streets
merchants are not confined to the use OF
| four feet of the sidewalk next to the build
| ing line, in the display of their goods, but
| may be permitted to use so much of the
| sidewalk and parking as Is not needed by
| the general public. My opinion is, there
| fore that the act sof Congress of July l,
1898 operates to repeal the ordinance of
the city of 1856, as To the use of the side
walks and parking on parked streets, when
ever the Commissioners denominate such
| streets business streets.
'Wfght's Suggestion.
| In memorandum te7 his associates. Com
| missioner Wight says Fiat 1t seems to him
| their attorneys opinion in the matter is
| entirely correct and reasonable, and ne
| recommends that-it be adopted. He also
| recommends that regulations drafted by the
fattorney to ceyert+i,e subject be construed
| so as to include all Occupation of sidewalks
and parkings In front of business proper
| ties. including goods displayed, fruit stands
etc, and that perfnitsebe required from all
! persons wishing To- sidewalks for such
purposes. ~, II
The regulations drafted by the attorney
! The Proposed Regulations. +,
Regulations governing the use of street
parking in the pistrictf0f Columbia: .,
Sec. l. That the street parking now
made or which shall hereafter be made. on
! the STREETS and. avenues of the District of
| Columbia except such streets portions
thereof as are now or may hereafter be de-
nc nCminated business streets by the Commits
sloners of the District of Columbia, shall
b. under the immediate care and keeping
| OF the owners or occupants of the lots
ablttting thereon, who may enter upon said
parking and use the same in such
a way as not to injure the grass trees and
shrubbery thereon, and such owners oc-
| cupants may incloSe the same with fences,
| to be approved by said Commissioners.
| upon the payment OF a fee of one a dollar
for each lot or part OF lot.
Sec. 2. That it shall be unlawful for any
| person or persons to cut. remove from
the parking, any trees, except as authorized
by the said Commissioners. or to injure any
! trees or shrubbery- on any street parking
| now made, which shall hereafter be
made, or to deface inJure any fence or
| fences inclosing the same. for any per-
son or persons not the owner occupant
OF the lots abutting thereon to trespass on
said street parking.
| Must Have Written Formulation.
Sec, 3 That 1t shall not he lawful for any
person or persons to use or occupy street
| parking for any private purpose whatever,
whether the space set apart for street park
Ing be actually improved with sod, grass,
shrubbery, or not, without written author
lty of the Commissioners of the District of
Columbia.
Sec. T. That it shall not be lawful for
any person or persons to raise or lower the
grade of any parking; to pave or cover
any portion thereof; to construct any
steps, walls, copings, fences or other struc-
lures therein; or to eXcavate or fill therein
for such purposes. or any other, except on
the written authority Of the said Commits
siOnerS.
"These regulations shall not be so con-
Stfued as to prevent the SOdding or beauti-
Tying with flowers shrubbery of the
parking or any portion thereof.
Section .. That any person violating
any OF the provisions of this article shall
on conviction thereof in the Police Court
OF the District of Columbia, be punished
by fine of not less than 81 nor more than
$40 for each and every offense, to be re-
covered in the name Of said District as
other hnes and penalties are recovered"
CHARGED WIru MANSI EC I1nI.x,