Title 5 — Police, Firefighters, Medical Examiner, and Forensic Sciences.
18 chapters · 391 sections in this title.
D.C. Code § 5-331.05 Notice and plan approval process for First Amendment assemblies — Generally
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(a) It shall not be an offense to assemble or parade on a District street, sidewalk, or other public way, or in a District park, without having provided notice or obtained an approved assembly plan. (b) The purpose of the notice and plan approval process is to avoid situations wh…
D.C. Code § 5-331.06 Notice and plan approval process for First Amendment assemblies — Processing applications — Appeals — Rules
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(a)(1) Subject to the appeal process set forth in subsection (d) of this section, the authority to receive and review a notice of and an application for approval of a plan for a First Amendment assembly on District streets, sidewalks, and other public ways, and in District parks,…
D.C. Code § 5-331.07 Police handling and response to First Amendment assemblies
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(a) The MPD’s handling of, and response to, all First Amendment assemblies shall be designed and implemented to carry out the District policy on First Amendment assemblies established in § 5-331.03. (b)(1) Where participants in a First Amendment assembly fail to comply with reaso…
D.C. Code § 5-331.08 Use of police lines
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No emergency area or zone will be established by using a police line to encircle, or substantially encircle, a demonstration, rally, parade, march, picket line, or other similar assembly (or subpart thereof) conducted for the purpose of persons expressing their political, social,…
D.C. Code § 5-331.09 Identification of MPD personnel policing First Amendment assemblies
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The MPD shall implement a method for enhancing the visibility to the public of the name or badge number of officers policing a First Amendment assembly by modifying the manner in which those officers’ names or badge numbers are affixed to the officers’ uniforms or helmets. The MP…
D.C. Code § 5-331.10 Documentation of arrests in connection with a First Amendment assembly
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(a) The MPD shall cause every arrest in connection with a First Amendment assembly to be documented, in writing or electronically, by the officer at the scene who makes the arrest. (b) Except as provided in subsection (c) of this section, the arrest documentation shall be complet…
D.C. Code § 5-331.11 Use of handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly
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(a) The MPD shall adhere to the standard set forth in subsection (b) of this section in using handcuffs, plastic cuffs, or other physical restraints on any person arrested in connection with a First Amendment assembly who is being held in custody in the following circumstances: (…
D.C. Code § 5-331.12 Prompt release of persons arrested in connection with a First Amendment assembly
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(a)(1) The MPD shall promptly process any person arrested in connection with a First Amendment assembly to determine whether the person is eligible for immediate release pursuant to a lawful release option, and shall promptly release any person so eligible who opts for release. (…
D.C. Code § 5-331.13 Notice to persons arrested in connection with a First Amendment assembly of their release options
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(a) The MPD shall fully and accurately advise persons arrested in connection with a First Amendment assembly of all potential release options when processing them for release from custody or for presentation to court. (b)(1) The MPD shall provide a written notice identifying all …
D.C. Code § 5-331.14 Police-media relations
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(a) Within 90 days of April 13, 2005, the Chief of Police, pursuant to subchapter 1 of Chapter 5 of Title 2, shall issue rules governing police passes for media personnel. (b) Within 90 days of April 13, 2005, the Chief of Police shall develop and implement a written policy gover…
D.C. Code § 5-331.15 Training for handling of, and response to, First Amendment assemblies
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The Chief of Police shall ensure that all relevant MPD personnel, including command staff, supervisory personnel, and line officers, are provided regular and periodic training on the handling of, and response to, First Amendment assemblies. The training shall be tailored to the d…
D.C. Code § 5-331.16 Use of riot gear and riot tactics at First Amendment assemblies
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(a) Officers in riot gear shall be deployed consistent with the District policy on First Amendment assemblies and only where there is a danger of violence. Following any deployment of officers in riot gear, the commander at the scene shall make a written report to the Chief of Po…
D.C. Code § 5-331.17 Construction
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The provisions of this subchapter are intended to protect persons who are exercising First Amendment rights in the District of Columbia, and the standards for police conduct set forth in this subchapter may be relied upon by such persons in any action alleging violations of statu…
D.C. Code § 5-333.01 Short title
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This subchapter may be cited as the “Police Investigations Concerning First Amendment Activities Act of 2004”.
D.C. Code § 5-333.02 Definitions
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For the purposes of this subchapter, the term: (1) “First Amendment activities” means constitutionally protected speech or association, or conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, and the right to petition the g…
D.C. Code § 5-333.03 Purpose; scope
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This subchapter establishes the responsibilities of and procedures for the MPD relating to investigations and preliminary inquiries, including criminal intelligence investigations and inquiries, that may affect activities protected by the First Amendment. This subchapter does not…
D.C. Code § 5-333.04 Policy on investigations and inquiries involving First Amendment activities
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The MPD shall conduct all investigations and preliminary inquiries involving First Amendment activities for a legitimate law enforcement objective and, in so doing, shall safeguard the constitutional rights and liberties of all persons. MPD members may not investigate, prosecute,…
D.C. Code § 5-333.05 Authorization for investigations involving First Amendment activities
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(a) The MPD may conduct a criminal investigation that involves the First Amendment activities of persons, groups, or organizations only when there is reasonable suspicion to believe that the persons, groups, or organizations are planning or engaged in criminal activity, and the F…
D.C. Code § 5-333.06 Authorization for preliminary inquiries involving First Amendment activities
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(a) The MPD may initiate a preliminary inquiry involving First Amendment activities, to obtain sufficient information to determine whether or not an investigation is warranted, where: (1) The MPD receives information or an allegation the responsible handling of which requires fur…
D.C. Code § 5-333.07 Techniques and procedures for investigations and preliminary inquiries
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(a) The investigative techniques used in any particular investigation or preliminary inquiry shall be dictated by the needs of the investigation or inquiry. (b) The MPD shall employ minimization procedures in all investigations and preliminary inquiries involving First Amendment …
D.C. Code § 5-333.08 Rules for investigations and preliminary inquiries
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(a) Within 90 days of April 13, 2005, the Chief of Police, pursuant to subchapter I of Chapter 5 of Title 2, and in accordance with this subchapter, shall issue rules governing investigations and preliminary inquiries involving First Amendment activities, including the authorizat…
D.C. Code § 5-333.09 Preliminary inquiries relating to First Amendment assemblies
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(a) A MPD member may initiate a preliminary inquiry relating to a First Amendment assembly, for public safety reasons, without authorization, as follows: (1) Members may gather public information regarding future First Amendment assemblies and review notices and approved assembly…
D.C. Code § 5-333.10 Authorized public activities
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Nothing in this subchapter shall be interpreted as prohibiting any MPD member from, in the course of their duties, visiting any place, and attending any event that is open to the public, or reviewing information that is in the public domain, on the same terms and conditions as me…
D.C. Code § 5-333.11 Files and records
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(a) Information to be retained in an Intelligence Section file shall be evaluated for the reliability of the source of the information and the validity and accuracy of the content of the information prior to filing. The file shall state whether the reliability, validity, and accu…
D.C. Code § 5-333.12 Monitoring and auditing of investigations and preliminary inquiries
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(a) Authorizations of investigations and preliminary inquiries involving First Amendment activities are to be reviewed every 90 days by a panel of no fewer than 3 MPD commanding officers designated by the Chief of Police. (b) The Commander, Office of the Superintendent of Detecti…
D.C. Code § 5-333.13 Construction
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The provisions of this subchapter are intended to protect persons who are exercising First Amendment rights in the District of Columbia, and the standards for police conduct set forth in this subchapter may be relied upon by such persons in any action alleging violations of statu…
D.C. Code § 5-335.01 Enforcement of the post-and-forfeiture procedure
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(a) For the purposes of this subchapter, the term: (1) “MPD” means the Metropolitan Police Department. (2) “OAG” means the Office of the Attorney General for the District of Columbia. (3) “Post-and-forfeiture procedure” means the mechanism in the criminal justice system in the Di…
D.C. Code § 5-335.02 Post-and-forfeit amounts
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(a) The Superior Court shall determine the amount of money that is associated with each misdemeanor qualified for resolution using the post-and-forfeit procedure as determined by the OAG pursuant to § 5-335.01(c). (b) Within 90 days after the Superior Court issues an updated list…
D.C. Code § 5-335.03 Reporting requirement
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Beginning March 15, 2015, and on an annual basis thereafter, the Mayor shall submit a public report to the Council, identifying the total amount of money collected the previous year using the post-and-forfeit procedure and the number of criminal charges, by specific charge, resol…
D.C. Code § 5-337.01 Police identifying information
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Every member of the Metropolitan Police Department (“MPD”), while in uniform, shall wear or display the nameplate and badge issued by the MPD, or the equivalent identification issued by the MPD, and shall not alter or cover the identifying information or otherwise prevent or hind…
D.C. Code § 5-401 Area of service; division of District into fire companies; pre-hospital care and services; approval required for major changes in manner of fire protection
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(a) The Fire and Emergency Medical Services Department (“Department”) shall provide fire prevention and fire protection within the geographical boundaries of the District of Columbia. The District shall be divided into such fire companies, and other units as the Council of the Di…
D.C. Code § 5-401.01 State safety oversight agency for DC Streetcar
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(a) For the purposes of this section, the term “DC Streetcar” means the rail-fixed guideway public transportation system operated by the District Department of Transportation pursuant to § 50-921.01 or any future rail-fixed guideway public transportation system operated by the Di…
D.C. Code § 5-402 Appointments and promotions covered by civil service; selection of Fire Chief and Deputy Fire Chiefs; original appointment and transfer of privates; vacancies
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(a) The Mayor of the District of Columbia shall appoint, assign to such duty or duties as he may prescribe, promote, reduce, fine, suspend, with or without pay, and remove all officers and members of the Fire Department of the District of Columbia, according to such rules and reg…
D.C. Code § 5-403 Age limits in original appointments
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The Council of the District of Columbia is hereby authorized to determine and fix the minimum and maximum limits of age within which original appointments to the Fire Department may be made.
D.C. Code § 5-404 Composition; 2-platoon system; services of veterinary surgeon; attendance by police surgeon
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The Fire Department of the District of Columbia shall be composed of and operated upon a 2-platoon system and the personnel thereof shall consist of 1 Fire Chief; such number of Deputy Fire Chiefs, all of whom shall have had at least 5 years of experience in some regularly organi…
D.C. Code § 5-404.01 Medical Director
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(a)(1) The Mayor shall appoint, with the advice and consent of the Council in accordance with paragraph (2) of this subsection, a Medical Director of the Fire and Emergency Medical Services Department (“Department”), who shall hold the rank of Assistant Fire Chief. The Medical Di…
D.C. Code § 5-405 Workweek established; hours of duty; days off duty; holidays
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(a) Beginning with the 1st day of the 1st pay period which begins not less than 120 days after enactment of this amendatory subsection or which begins on or after July 1, 1962, whichever is later, the Mayor of the District of Columbia is authorized and directed to establish a wor…
D.C. Code § 5-406 Appropriations for uniforms and other equipment
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For furnishing uniforms and all other official equipment prescribed by Department regulations as necessary and requisite in the performance of duty, there is hereby authorized to be appropriated a sum for each member of the Fire Department of the District of Columbia, to be expen…
D.C. Code § 5-407 Resignation without notice; engaging in strike; conspiracy to obstruct operations of Department
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(a) No officer or member of said Fire Department, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign, except by permission of the Mayor of the District of Columbia, unless he shall have given the said Mayor 1 month previous notice, in wri…
D.C. Code § 5-408 Firefighting Division — Recording annual and sick leave
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(a) For the purpose of recording annual and sick leave on the hourly basis for officers and members of the Firefighting Division of the Fire Department of the District of Columbia, the workday of any workweek shall be considered to be 12 hours. (b) For the purposes of recording o…
D.C. Code § 5-409 Firefighting Division — Accruement of annual leave; adjustment of accumulated leave; transfers; maximum accumulations
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(a) In lieu of the annual leave to which officers and members of the Firefighting Division of the Fire Department of the District of Columbia are entitled under the provisions of §§ 6302 to 6305, and 6310 of Title 5, United States Code, such officers and members shall be entitled…
D.C. Code § 5-409.01 Paramedic and emergency medical technician lateral transfer to Fire and Emergency Medical Services Department
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(a) Notwithstanding any other law or regulation, the Mayor is authorized to provide for the transfer of Fire and Emergency Medical Services Department personnel holding valid certificates as paramedics or emergency medical technicians to be uniformed firefighters. (1) Transfer sh…
D.C. Code § 5-410 Restrictions on leaving District; or being absent from duty
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No member of the Fire Department of the District of Columbia shall, unless on leave of absence, go beyond the confines of the District of Columbia, or be absent from duty without permission.
D.C. Code § 5-411 Extra equipment authorized for volunteer fire organization
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The Mayor of the District of Columbia is authorized to install under such rules and regulations as the Council of the District of Columbia may prescribe, in any suburb of the said District, such extra apparatus and appliances belonging to the Fire Department of the District of Co…
D.C. Code § 5-412 Use of certain buildings granted
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The right of use and occupancy of the buildings and appurtenances known as the Union, Franklin, Columbia, and Anacostia Engine Houses, granted to the City of Washington for the purposes of the Fire Department, shall continue during the pleasure of Congress so long as used for suc…
D.C. Code § 5-413 Construction of apparatus
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On and after June 29, 1956, the Mayor of the District of Columbia in his discretion may authorize the construction, in whole or in part, of firefighting apparatus in the Fire Department repair shop.
D.C. Code § 5-414 Reciprocal agreements for mutual aid; availability of personnel and equipment to federal government; service performed in line of duty
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(a) The Council of the District of Columbia is hereby authorized in its discretion to enter into and to renew reciprocal agreements, for such period as it deems advisable, with the appropriate county, municipal, and other governmental units in Prince George’s and Montgomery Count…
D.C. Code § 5-415 Services to District institutions located outside the District
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The Mayor of the District of Columbia is authorized to make provisions and payment for the furnishing of fire prevention and fire protection services to District of Columbia government institutions located outside the District of Columbia.
D.C. Code § 5-416 Emergency ambulance service fees
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(a) The Mayor, with the approval of the Council by resolution, and after the Council holds a public hearing, may establish from time to time a fee to be charged for transportation services provided by the emergency ambulance service of the Fire and Emergency Medical Services Depa…
D.C. Code § 5-417 Arson reporting
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(a) If the Fire Marshal or any agency empowered to investigate the cause of, or circumstances attendant upon, a fire loss involving real or personal property within the District of Columbia or empowered to institute criminal prosecutions for criminal acts causing, or related to, …