2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 3 - Fundraising for Recreational Facilities › § 10–302. Authority of Department of Parks and Recreation

§ 10–302. Authority of Department of Parks and Recreation.
(a) The Department may accept donations, gifts by devise or bequest, grants, and any other type of asset from individuals, clubs, groups, corporations, partnerships, and other governmental entities, except that such acceptance must be approved by the Mayor before it occurs.
(b)(1) Department buildings and grounds may be used for fund-raising activities by the Department, Friends Groups, Designated Organizations, and for-profit organizations contracted for and supervised by the Department, Friends Groups, or Designated Organizations; provided, that Friends Groups and Designated Organizations may use Department buildings and grounds for fundraising activities no more than 12 times per year.
(2) Except with regard to fundraising activities by Friends Groups and Designated Organizations, the Department shall manage received property or funds in accordance with the provisions or conditions of the donation, gift, grant, or other type of transfer, including the investment of the principal of such property or funds. The Mayor shall consider the donor’s choice of which site, program, or operation should be the recipient of the property.
(3) All property and funds obtained by the Friends Groups and Designated Organizations shall be for the benefit of Department facilities or programs. All funds raised for or by Friends Groups and Designated Organizations shall be deposited in a dedicated bank account in the name of the Friends Group or Designated Organization and expended solely for improvements, costs, or services for the associated park, program, event, recreation facility, or other Department facility, in accordance with the terms of the Park Partner Agreement, if applicable.
(4) Friends Groups and Designated Organizations shall provide semiannual accounting to the Department of all funds collected.
(b-1) On a property under its jurisdiction, control, or use, the Department may charge reasonable prices for department activities and issue fee-based use permits in accordance with § 10-302.01.
(c) Department buildings and grounds shall not be used for any commercial, profit-making, fundraising, or other solicitation by any agency, individual, or organization, except as specifically provided in this section.
(d) Nothing in this section shall be construed as limiting the Department’s authority to issue permits pursuant to § 10-137.01.
(e) Beginning in Fiscal Year 2017, and on an annual basis thereafter, the Department shall issue a $235,000 grant to an organization to provide programming for low-income children who are District residents at Fort Dupont Ice Arena. The grantee shall have experience in providing such programming and shall not charge a participation fee to low-income residents.
(f) Beginning in Fiscal Year 2022, and on an annual basis thereafter, and in accordance with part B of subchapter XII-A of Chapter 3 of Title 1, the Department of Parks and Recreation:
(1) Shall issue a grant of not less than $150,000 to an organization to plan, promote, and manage events and programs for the community in the new Eastern Market Metro Park. The organizer shall obtain permits, book talent, publicize programming, and supervise the site during events and clean up.
(2) May issue one or more grants to individual program providers and nonprofit organizations to assist the Department in implementing a comprehensive program of public recreation as described in § 10-213.
(Mar. 23, 1995, D.C. Law 10-246, § 3, 42 DCR 452; Sept. 14, 2011, D.C. Law 19-21, § 6042(b), 58 DCR 6226; Apr. 23, 2013, D.C. Law 19-275, § 2(b), 60 DCR 2058; Apr. 23, 2013, D.C. Law 19-280, § 2(b), 60 DCR 2124; May 2, 2015, D.C. Law 20-271, § 304(a), 62 DCR 1884; Oct. 30, 2018, D.C. Law 22-168, § 6102, 65 DCR 9388; Nov. 13, 2021, D.C. Law 24-45, § 4022, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 4022, 69 DCR 009223.)
Prior Codifications
1981 Ed., § 8-302.
Section References
This section is referenced in § 10-302.02 and § 10-307.
Effect of Amendments
D.C. Law 19-21 rewrote subsec. (b); and added subsec. (c). Prior to amendment, subsec. (b) read as follows: “(b) The Department shall manage such property or funds in accordance with the provisions or conditions of the donation, gift, grant or other type of transfer, including but not limited to the investment of the principal of such property or funds. The Mayor shall consider the donor’s choice of which site, program or operation should be the recipient of the property.”
The 2013 amendment by D.C. Law 19-275 rewrote (b)(3).
The 2013 amendment by D.C. Law 19-280 substituted “Department” for “Department of Recreation and Parks (‘Department’ or ‘Departmental’)” in (a); and added (b-1) and (d).
The 2015 amendment by D.C. Law 20-271 substituted “Department of Parks and Recreation” for “Department of Recreation and Parks” in the section heading.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4022 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) amendment of this section, see § 4022 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-487, Oct. 22, 2018, 65 DCR12044).
For temporary (90 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Emergency Amendment Act of 2018 (D.C. Act 22-404, July 16, 2018, 65 DCR 7523).
For temporary (90 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-161, Oct. 23, 2017, 64 DCR 10774).
For temporary (90 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Emergency Amendment Act of 2017 (D.C. Act 22-107, July 25, 2017, 64 DCR 7390).
For temporary (90 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Emergency Amendment Act of 2016 (D.C. Act 21-496, Oct. 6, 2016, 63 DCR 12607).
See Historical and Statutory Notes following § 10-301.
For temporary (90 days) amendment of this section, see § 304(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405).
For temporary (90 days) amendment of this section, see § 304(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Temporary Amendment Act of 2017 (D.C. Law 22-29, Dec. 1, 2017, 64 DCR 10168).
For temporary (225 days) amendment of this section, see § 2 of Fort Dupont Ice Arena Programming Temporary Amendment Act of 2016 (D.C. Law 21-179, Dec. 28, 2016, 63 DCR 13595).
References in Text
Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 10-246, the Recreation Act of 1994, see Mayor’s Order 96-55, April 24, 1996 ( 43 DCR 2453).