Declaration Establishing a Drug Free Zone PSA 103

Declaration Establishing a Drug Free Zone

Police District: 1D
Zone Number: 09-1D06
PSA: 103
Dates: September 4-13, 2009

WHEREAS;
"Law 11-270, the "Anti-Loitering/Drug Free Zone," was introduced in Council and assigned Bill No. 11-441, which was referred to the Committee on the Judiciary. The Bill was adopted first and second readings on June 6, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 19, 1996, it was assigned Act No. 11-321 and transmitted to both houses of Congress for its review. D.C. Law 11-270 became effective on June 3, 1997." It has been codified to the D.C. Official Code as ?? 48-1001 through 1005. The Anti-Loitering/Drug Free Zone Act was amended by section 226 of the Omnibus Public Safety Emergency Amendment Act of 2006, enacted on July 19, 2006 (D.C. Act 16-445).

WHEREAS;
The Anti-Loitering/Drug Free Zone Act of 1996, as amended (hereafter, "the Act") provides, among other things, that the Chief of Police may declare any public area a drug free zone for a period not to exceed 240 consecutive hours, based on the following considerations:

"The occurrence of a disproportionately high number of arrests for the possession or distribution of illegal drugs in the proposed drug free zone within the preceding 6-month period;

Any number of homicides related to the possession or distribution of illegal drugs that were committed in the proposed drug free zone within the preceding 6-month period;

Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed on public space on public property within the proposed drug free zone; and

Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed drug free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity." (DC Official Code ? 48-1002(b))

WHEREAS;
The Metropolitan Police Department has issued appropriate directives (Special Order 03-02) to its members describing the requirements of the Act and providing operational guidelines for enforcing the Act.

WHEREAS;
Information pertaining to the above-listed considerations has been supplied to me by the Commander of the police district within which the following area is situated, and further information of the same nature is available to me from reliable sources, including, among other things, confidential police investigative reports.

NOW THEREFORE;
I hereby determine and declare that the following described area shall be designated as a drug free zone and that the respective police commander shall take all steps necessary to enforce the provisions of the Act in accordance with all applicable directives and operational guidelines of the Metropolitan Police Department:

DRUG FREE ZONE ESTABLISHED

Boundaries of Drug Free Zone:
Starting at the northwest corner of the zone at the intersection of the southern curbline of Benning Rd., NE and the western curbline of 17th St., NE, proceeding eastward along the curbline to the intersection of the curbline and the western curbline of 19th St., NE, proceeding southward along the curbline of the intersection of the curbline and the southern curbline of Rosedale St., NE, proceeding westward along the curbline to the intersection of the curbline and the western curbline of 18th St., NE, proceeding northward along the curbline to the intersection of the curbline and the southern curbline of Gales St., NE, proceeding westward along the curbline to the intersection of the curbline and the western curbline of 17th St., NE, proceeding northward along the curbline to the starting point.

Effective Dates and Times:
This Drug Free Zone shall be enforced beginning at 0000 hours (12:00 a.m.) on Friday, September 4, 2009, and concluding at 2359 hours (11:59 p.m.) on Sunday, September 13, 2009.

District Commander:
By memorandum of July 31, 2009, Commander David Kemperin, commanding officer, First District, Metropolitan Police Department, submitted a request for declaration of a Drug Free Zone in the area described above. The memorandum, including a sketch of the boundaries of the Drug Free Zone, is incorporated by reference as a part of this Declaration.

SIGNED

Cathy L. Lanier
Chief of Police