Image courtesy One Step Ahead
Well, it’s been a while since I’ve had any questions to answer, but this week we’ve got a great one – even though the answer kind of makes me sad because this reader had a really great idea!
Q: Hey Nichole! If I wanted to put a big wood sandbox in our sidewalk planter box in font of my house on 5th St. NE, so that my kids and my neighbors kids could play in it while we drank margaritas on warm summer nights would someone from the city come and fine me/make me take it away? I know we are technically responsible for the plot, and mine is completely neglected right now. I honestly don’t see why I can’t surround it in wood and fill it with sand and plastic shovels rather than dirt and plants like other people do? Am I right? The sandbox I’m looking at is $200 (plus about $35 to get enough sand to fill it – from Fragers of course)and it isn’t possible to move it once assembled. Just so you have a better idea of what I’m thinking about, here is the one I want: http://www.onestepahead.com/catalog/product2.jsp?productId=536600&cmSource=Search. Thanks for your expert advice!
My answer after the jump…
A: Let me start by saying again how much I just love this idea. As the owner of more than one sorely neglected tree box (and someone who does not at all enjoy gardening or landscaping or yard maintenance) I thought this was such a fun idea. But I’m sad to report that it’s in violation of city code. Anne Phelps, ANC 6C04 Commissioner, was kind enough to help me find an answer – even if it was one I didn’t like.
Anne responded:
109 BEAUTIFICATION OF TREE SPACES
109.1 The regulations contained in this section shall apply to the unpaved area of public space that lies between the street curb and the sidewalk, which is commonly reserved by the District government for planting trees.
109.2 The beautification of tree spaces shall be governed by the provisions of this section.
109.3 The beautification of tree spaces shall not require a permit.
109.4 The owner or occupant of property that abuts tree space shall not be liable for injuries to others as a result of a tree space beautification activity that complies with this section. Tree space beautification shall be undertaken solely at the personal risk and expense of the owner or occupant.
109.5 The District government reserves the right to enter tree space without the permission of the owner or occupant of the property that abuts the tree space.
109.6 The beautification of a tree space may be undertaken at the discretion of the owner or occupant of the property that abuts the tree space, and shall be under the immediate care and keeping of the owner or occupant of the property that abuts the tree space.
109.7 The beautification of a tree space shall not extend beyond the following requirements:
(a) Extend over the curb or the sidewalk;
(b) Extend within three feet (3 ft.) of a crosswalk or paved bus stop landing;
(c) Extend within six feet (6 ft.) of an entrance to an alley; or
(d) Extend within six feet (6 ft.) of a street corner.
109.8 In a continuous tree space, beautification areas shall be not more than four feet (4 ft.) wide and nine feet (9 ft.) long. At least six feet (6 ft.) shall separate each beautified area. A beautification area shall not be planted within four feet (4 ft.) of a parking meter or a fire hydrant.
109.9 A tree space may be bordered by a continuous barrier on the three (3) sides that do not abut the curbline. The barrier may project not less than four inches (4 in.) and not more than twelve inches (12 in.) from the sidewalk or curb elevation. The use of wickets to edge or border a tree space shall be prohibited.
109.10 The grade of the tree space shall not be altered in conjunction with a beautification effort, except with mulch. The use of gravel as ground cover shall be prohibited.
109.11 Planting material used to beautify a tree space shall have a shallow root system and shall not be allowed to grow to a height in excess of eighteen inches (18 in.). The growing of vegetables in a tree space shall be prohibited.
109.12 A tree space beautification effort may be removed or destroyed with sufficient notice by the District government or its agents, if removal or destruction is made necessary by construction, repair, or maintenance activities.
109.13 A tree space beautification effort that is not in compliance with this section, or that is inadequately maintained or allowed to deteriorate may be removed with sufficient notice by the Department of Public Works.
109.14 This section shall not be construed to supersede the provisions of chapter 11 of Title 24 of the D. C. Municipal Regulations.
SOURCE: Section 3 of the Tree Space Beautification Regulation Act of 1989, D.C.-Law 8-21, 36 DCR 4568 (June 30, 1989).
It is a lovely idea… but I’m afraid that I’ve learned from experience that it will become a litter box for every neighborhood cat.
Nichole — just a nuance on your answer — on the other part of the question of drinking margaritas. For most of us, our property line is right at the front of our house. Our front yards are public space – what is call the “public parking” (which has nothing to do with parking since it is illegal to park there). Thus, sipping your margarita in your front yard is drinking in public – and illegal. Now, there is a loophole — the so-called “Chardonnay Lady” (also sometimes referred to a the “Chablis Lady” ) clause. Named after a case a number of years ago when a elderly woman was arrested for drinking wine in her front yard. The clause DC Code section 25.1001(b) – states that the public drinking ban “shall not apply when drinking or possession of alcoholic beverages occurs in or on a structure which projects upon the parking, and which is an integral, structural part of a private residence, such as a front porch, terrace, bay window, or vault, and when done by, or with the permission of, the owner or resident.”
The interpretation I was told some years ago was that as long as you have one foot (or hand) on your porch steps, you are fine. So, you might not be able to turn the treebox into a play ground — but you can sit on the porch and sip those margaritas.
The answer is simple:
Put your sand box up there. This city is so inept that the likelihood of anyone telling you to remove it is slim. I’m not familiar with your street, but if it isn’t a heavily traveled one I’m sure you won’t run into issues.
Although, as another commenter noted, you might end up with some surprises in the sand box from local cats, rats, etc.
Thank you, Ken – that’s very good to know, considering how often I also like to enjoy an adult beverage in front of my house! I’ll make sure I’m imbibing with one hand or foot on the front step!
Please do NOT attempt this!! We have 4-sided tree boxes on our street that we are forever banging our car doors on! Parking is scarce, so these spots are not avoidable. I think the ppl who built them have already moved away. The city has not responded to our complaints, but soon i will take a crowbar to them.
Hey Asw– I wonder if the evil treebox you speak of happens to be on G Street, close to Tyler elementary? There is one wicked-looking one there that makes it absolutely impossible to open the passenger-side doors if you are forced to park next to it.
Ridiculous– I can see sitting on a patio chair with a margarita, but being perched on my front steps with it is neither comfortable nor classy. Guess we’ll stay in the backyard next time our outdoor sipping beverage contains alcohol.
You’ll probably run into a couple issues if you don’t keep the sandbox covered when not in use (since the height regulations look like they prevent you from building something with a cover there):
1) Cats. They LOVE these outdoor litter boxes!
2) Bacteria. If the sandbox gets wet (rain) and isn’t able to fully drain, then you end up with soggy sand that can breed bacteria.
@commenter – I can say from over 10 yrs of Capitol Hill (front/side) patio drinking that I have never had an officer say anything to me when we were very obviously drinking and not touching our stoop. I think that they probably have bigger fish to fry and only enforce this law when there are other issues (like late night noise complaints) at play.
Given there was a large party in the Marion Park playground last weekend, (across the street from the police station) with a full bar set up on a picnic table, the margarita sipping homeowner arrest seems unlikely.