Title 11 — Subtitle 05. Maryland Port Administration

“Administration” means the Maryland Port Administration.

“Commission” means the Maryland Port Commission.

“Open Session” means any meeting of the Commission or the Administration required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.

Order any person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;

Request police or other assistance to restore order; and

Recess the open session while order is restored.

Record discussions of the Commission or the Administration at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.

Photograph or videotape the proceedings of the Commission or the Administration at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Commission, the Administration, or others attending the open session.

Is operated without excessively bright artificial light that disturbs members of the Commission, the Administration, or others attending the open session; and

Does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.

“CFR” means the Code of Federal Regulations.

“Citation” means a charging document:

“Commodities requiring notification” means those hazardous materials which can be introduced into the Port without a specific permit, including those shipments in the waterborne mode.

“Commodities requiring permits” means hazardous materials which present a high risk to the safety of persons or property at MPA port facilities, including those shipments in the waterborne mode.

“Director of Security” means the MPA official in charge of security at the Maryland Port Administration.

“Executive Director” means the Executive Director of the Maryland Port Administration.

Fissile Material.

“Hazardous material” means a substance or material including a hazardous substance which has been designated by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce.

“Hazardous materials incident” means:

“IMDG Code” means the International Maritime Dangerous Goods Code.

“Introduce in the Port” means the transporting, handling, storing, off-loading from, or loading on to a vessel, or having on board a vessel as cargo or via any means of transportation causing to be present at an MPA port facility any materials regulated there.

“Manager, Safety, Environment, and Risk Management (SERM)” means the MPA official in charge of regulating the transportation and storage of hazardous materials, or the Manager's designee.

“MdTA” means the Maryland Transportation Authority.

“MdTA Police” has the meaning stated in COMAR 11.05.03.02.

“MPA” means the Maryland Port Administration.

“MPA port facility” means any one or more or combination of:

“Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, broker, freight forwarder, agent, or representative of any kind, and any partnership, firm, association, public or private corporation, sole proprietorship, or any other entity.

“Prohibited commodities” means hazardous materials which are barred from transportation by land or water carrier by either the US DOT regulations or the IMDG Code, or which present unacceptable risks to the safety of life and property in the Port of Baltimore as determined by the Manager, SERM or the Manager's designee.

“Terminal operator” means the person controlling the land use of a marine terminal including railroads and lessees of facilities from the MPA.

“US DOT regulations” means the United States Department of Transportation regulations contained in CFR, Titles 33, 46, and 49, which are incorporated by reference.

“Vessel” means the vessel and those in charge of the vessel.

Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401, 410-974-2486;

Maryland Port Administration, Risk Management/Safety Department, 2310 Broening Highway, Baltimore, Maryland 21224, 410-631-1063;

U.S. Coast Guard, Activities Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226-1794, 410-576-2693;

U.S. Coast Guard Headquarters, Office of Standards (G-MSO), 2100 2nd St., S.W., Washington, D.C. 20593-0001, 202-267-1142;

Library of Congress, Madison Building, Law Library Reading Room, 101 Independence Ave., S.E., Washington, D.C. 20540, 202-707-5079 (Call Document No.: K4178.D3A25-1970); and

U.S. Department of Transportation Library, 400 Seventh Street, Washington, DC 20590, 202-366-0746.

The person complies with 49 CFR 171—174 and 176—178, and 33 CFR 126; and

The cargo is properly classed, described, packaged, marked, labeled, placarded, and approved for highway, rail, or water transportation.

U.S. Navy vessels, U.S. Coast Guard vessels, or foreign warships carrying any amount of explosives in magazines as part of their armament may enter an MPA port facility without securing a permit.

A contractor may introduce in the Port explosives in such amounts as are reasonably necessary for construction and repair if the contractor obtains a permit as required by Regulation .06A(2) of this chapter.

Prohibited commodities, unless the US DOT has granted an exception for its movement;

Class 1, divisions 1.1 and 1.2 explosives, as defined in 49 CFR §§173.50 and 173.53, weighing more than 100 pounds net explosive weight, although in-transit Class 1, divisions 1.1 and 1.2 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;

Class 1, divisions 1.2 and 1.3 propellant explosives, as defined in 49 CFR §§173.50 and 173.53 weighing more than 2,500 pounds net explosive weight, although in-transit Class 1, divisions 1.2 and 1.3 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;

Any blasting agent, ammonium nitrate, or ammonium nitrate mixture, except as permitted in Regulation .06A(9) of this chapter.

Class 1, divisions 1.1 and 1.2 explosives weighing 100 pounds net explosive weight or less, although a permit may not be issued by the MPA until the appropriate request covered by 33 CFR §127.17 has been favorably acted upon by the U.S. Coast Guard;

Class 1, divisions 1.1 and 1.2 explosives for construction and repair, although a permit may not be issued by MPA until all permits required by federal, State, county, and city authorities, as appropriate, have been issued;

Class 1, divisions 1.1 and 1.2 explosives over 100 pounds net explosive weight in marine transit;

Class 1, divisions 1.2 and 1.3 explosives weighing 2,500 pounds net weight or less;

Class 1, divisions 1.2 and 1.3 explosives over 2,500 pounds of net explosive weight in marine transit;

Certain dangerous cargo (CDC) as defined in 33 CFR §160.204;

Class 6, division 6.1 poisons, as defined in 49 CFR §173.132;

Fissile material as defined in 49 CFR §173.403;

Blasting agents, ammonium nitrate, and certain ammonium nitrate mixtures as specified in 49 CFR §176.415(a), the loading or unloading of which requires the written permission of the U.S. Coast Guard Captain of the Port; or

Liquid hydrogen moving under a US DOT exemption.

The Baltimore representative of a vessel whether or not the cargo is for import, export, in-transit shipment, or a landbridge movement; or

Any other person who wishes to introduce in the Port any commodity requiring a permit.

The shipper's name, address, and, if possible, a telephone number;

The shipping name and identification number prescribed for the hazardous material as required by 49 CFR §172.101 or 172.102, including the technical name when the material is described as “N.O.S.” (not otherwise specified) entry;

The hazard class prescribed for the material as required by 49 CFR §172.101 or 172.102, or the IMDG Code;

The total quantity (by weight, volume, or as otherwise appropriate) of the hazardous material covered by the description;

The identification of the type of packages, such as barrels, drums, cylinders, and boxes;

The complete consignee's name and address including the port of destination (if known) on exports;

The name, scheduled date of arrival, and berth assignment (if known) of vessel involved;

The date and estimated time of arrival of the hazardous materials at the terminal;

The mode of land transport involved in transporting the hazardous material to or from the terminal;

Whether the shipment is breakbulk or container, including the container or boxcar number; and

If the shipment is a container, whether there is a stripping and stuffing requirement.

The name of each fissile material;

The type of packaging and identification marking as prescribed by 49 CFR 173;

The activity in each package of the shipment in terms of curies, millicuries, or microcuries;

The transport index assigned to each package in the shipment;

The fissile class of each package unless the shipment is exempt pursuant to 49 CFR §173.453.

The person requesting the permit has previously violated any of these regulations; or

In the judgment of the Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, it would be unsafe or pose a potential security risk to introduce in the MPA port facility the hazardous material at that time.

“Access control point” means a location where credentials are produced and verified to ensure authorized access to the facilities.

“Berth permit” means a permit issued by the MPA Office of Security or designee that permits parking upon a berth.

“Cargo gate pass” means the document issued at the access control point by security personnel for a vehicle delivering or receiving cargo or designated as cargo.

“Citation” has the meaning stated in COMAR 11.05.02.02B(2).

“Conviction” means a plea of guilty, a finding of guilty, a plea of nolo contendere, or acceptance of probation before judgment.

“Decal” means the individually numbered and adhesive backed decal that is issued and applied to the motor vehicle windshield by the MPA Office of Security or designee.

“Electronic Pass” (E-Pass) means an electronic pass generated by the MPA and verified at the access control point by security personnel.

“Law Enforcement Agency” has the meaning stated in Public Safety Article, §3-201(d), Annotated Code of Maryland.

“Law Enforcement Permit” means a hang tag issued by the MPA Office of Security or designee to law enforcement and MPA Office of Security personnel.

“MdTA Police” means Maryland Transportation Authority personnel designated as members of the Police Force under Transportation Article, §4-208, Annotated Code of Maryland, or any other police officers as defined by Public Safety Article, §3-201(e), Annotated Code of Maryland, and who are authorized to perform law enforcement duties on MPA property.

MdTA Police Cadet means an employee of the Maryland Transportation Authority Police or any other law enforcement agency that is authorized to enforce parking regulations on MPA property.

MdTA Police Port Detachment means personnel of the Maryland Transportation Authority Police or any other law enforcement agency that are specifically assigned to MPA property or Port facilities and that are authorized to enforce criminal laws and the regulations in this title.

Motor Vehicle.

“MPA” means the Maryland Port Administration.

“MPA property” means all property owned, leased, or operated by or under the control of the Maryland Port Administration.

“Permit” means:

“Port facilities” means any one or more or combination of facilities and structures owned, leased, operated by, or under the control of the MPA, including:

Special Mobile Equipment.

“Tenant” means a person who has been given authorization to use a facility for cargo handling purposes under a lease or other contract with MPA.

“Vehicle operator” means the person in actual physical control of a motor vehicle.

“Visitor or Vendor vehicle pass” means the document issued at the access control point by security personnel for single day access to a facility for a motor vehicle.

A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued a Decal or a Visitor, Vendor, 14-Day, Cargo Gate Pass or E-Pass in accordance with this chapter.

Failure to display the decal or pass properly may result in the denial of access to MPA property.

Access to MPA property is subject to limitations and time frames specified by the MPA.

A motor vehicle specifically exempted by these regulations is not subject to permit requirements.

Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained a Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle’s front windshield with the expiration date clearly displayed.

14-Day Pass. Non-decaled motor vehicles operated by authorized persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside.

Visitor or Vendor Vehicle Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a printed Visitor or Vendor Pass, or shall display an E-Pass on their mobile device. Issuance of a Visitor or Vendor Pass or E-Pass requires prior notification to the MPA via its electronic database. The printed pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.

Cargo Gate Pass. A Motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The vehicle operator shall be registered via MPA’s electronic database, eModal, before entering the facility.

Exemptions. Special mobile equipment and emergency vehicles, as defined in Transportation Article, §11-118, Annotated Code of Maryland are exempt from the permit requirements of this chapter when they are being used:

Requirements for a Decal. A person desiring a decal under this regulation shall:

Requirements for a Visitor or Vendor Vehicle Pass. A Visitor or Vendor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors and vendors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor or vendor’s entry to the facility shall provide all required identification information to the MPA in advance through MPA’s electronic database.

Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:

Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass or E-Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass or E-Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.

A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.

If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.

If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.

An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Decals. Upon approval of an application for a Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.

14-Day Passes. Upon approval of an application for a 14-Day Pass, the MPA Office of Security or designee shall issue a 14-Day Pass to the applicant. This pass, upon issue, shall be prominently displayed within the front left windshield area of the vehicle and in full view from the exterior while the motor vehicle is on MPA property.

Visitor or Vendor Vehicle Pass. Upon approval of a visitor or vendor's entrance into a facility, a designated security officer shall issue a Visitor or Vendor Vehicle Pass or E-Pass to the driver. The printed Visitor or Vendor Vehicle Pass shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.

An operator or owner of a motor vehicle is in violation of this regulation if the owner or operator is required to display a decal or pass for the motor vehicle but:

Decals.

Visitor or Vendor Vehicles Passes.

14-Day Passes.

Changes in the information given in the original application for the decal shall be reported by the applicant to the MPA Office of Security or designee immediately after the change.

The following changes shall be reported:

Incorporation by Reference. All provisions of Transportation Article, Titles 11—27, Annotated Code of Maryland, are hereby incorporated by reference in these regulations.

Interpretation.

An MdTA Police officer may require that a motor vehicle operating on MPA property meet the minimum standards set out in the Maryland Vehicle Law.

Failure to comply with the requirements of inspection after an owner or operator of a motor vehicle has been notified of an equipment repair order is grounds for revocation of a permit issued under these regulations.

The maximum allowable speed on MPA roadways is 30 miles per hour except as otherwise posted.

The maximum allowable speed at berth, shed, and cargo areas, or at any other area not designated as a roadway, is 10 miles per hour except as otherwise posted.

The maximum allowable speed on any non-posted MPA roadway is 15 miles per hour.

An individual may not drive a motor vehicle on MPA property in excess of the speed limit.

Accidents. A vehicle operator involved in an accident with another motor vehicle or with a pedestrian shall stop the motor vehicle as close to the scene of the accident as possible without obstructing traffic, and immediately return to and remain at the scene of the accident until the vehicle operator has:

Collision with Unattended Motor Vehicles or Real or Personal Property. Any vehicle operator who collides with an unattended motor vehicle or with any real or personal property shall:

Report. The operator or owner of the motor vehicle involved in an accident immediately shall notify the MdTA Police and remain at the scene until their arrival. A copy of any accident report form required to be filed under Transportation Article, Title 20, Annotated Code of Maryland, shall be filed with the MdTA Police.

The operation of any two-wheeled motor vehicle or self-propelled vehicle on MPA property shall be approved in writing by the MPA Office of Security or designee.

Unlicensed motor vehicles approved for use on MPA property are prohibited from using public roadways unless authorized by the Maryland Motor Vehicle Administration.

Without advance written approval, bicycles and other self-propelled vehicles are prohibited on MPA terminals.

Except as provided in §A(2) of this regulation, the MPA has jurisdiction to enforce all parking regulations on MPA property.

The MPA may, by contract, limit the scope of its authority under this regulation in any area leased by the MPA.

Except when permitted by official signs, or when permitted by a member of the MdTA Police or required by a traffic control device, motor vehicles may not be parked, be permitted to stand, or be left unattended:

Special mobile equipment is subject to the same parking restrictions as motor vehicles under §C(1) of this regulation, except when actually involved in loading or unloading cargoes.

Parking in Lined Areas. When parking or stopping a motor vehicle in any lined parking area, the motor vehicle may not occupy more than one lined space.

The MdTA Police shall keep accurate records of all removals of motor vehicles, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to ensure voluntary removals. Motor vehicles moved by the MdTA Police shall be handled in accordance with Transportation Article, Title 25, Annotated Code of Maryland.

A facility operator other than the MPA that removes a motor vehicle from a facility shall notify the MdTA Police of the:

Unattended near an occupied building or cargo area, within 10 feet of a perimeter fence, or in another area where the vehicle causes or is likely to cause a safety or security risk;

Illegally parked as to obstruct traffic;

Causing or likely to cause a hazard to the health or safety of individuals on MPA property;

Obstructing motor vehicle traffic;

Impeding the movement and handling of cargoes by its position; or

Abandoned on the facility property as provided in Transportation Article, §25-201, Annotated Code of Maryland.

Any person who violates a parking regulation under this section is subject to a fine not to exceed $50. A violation of a parking regulation is not a misdemeanor.

Any person who violates any other regulation adopted under this chapter is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500.

Citations for offenses other than parking violations are answerable in the Maryland District Court and are subject to the provisions of Transportation Article, Title 26, Annotated Code of Maryland, and the Maryland Rules of Procedure.

Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, Title 27, Annotated Code of Maryland.

Violations of Regulations .03, .07, and .10 of this chapter are punishable by a maximum fine of $500 and 60 days in jail.

A parking violation is not a misdemeanor, and the maximum fine which may be imposed is $50.

Citations for violations of parking regulations are answerable as follows:

Permit privileges may be revoked or refused by the MPA Office of Security when:

Within 15 calendar days after receipt of notification of revocation or refusal, a person may petition the MPA Office of Security for reconsideration of the revocation or refusal. Unless substantial hardship or special mitigation is shown, the permit shall be revoked or refused, and for a period of 1 year no further application for a permit made by that person, as owner or operator of any motor vehicle, will be favorably acted upon. The official records of the MVA, the State of Maryland Criminal Records Central Repository, the State of Maryland District and Circuit Courts, or the United States District Courts will suffice as evidence of convictions or violations under this chapter. This section does not bar the owners or operators of the vehicles for which the permits have been revoked or refused from entering the property of the MPA.

Upon receipt of the application and fee, the MPA and the MSP shall conduct an inspection and investigation, and determine if the applicant qualifies for a Vessel Gaming Permit.

If the permit is approved, the MPA shall issue the permit to the applicant.

A Vessel Gaming Permit issued by the MPA shall be retained on the vessel specified in the permit.

If the permit is not approved, the MPA shall notify the applicant of the reason for disapproval.

Underway;

East of the Francis Scott Key Bridge; and

Operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.

The MPA shall withdraw a Vessel Gaming Permit if the holder of the permit violates the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland.

The MPA shall withdraw a Vessel Gaming Permit only after:

If the Maryland Port Executive Director or the Executive Director's designee does not receive the permit holder's written request for a hearing within 30 days following the postmarked date of the MPA's written notice, the MPA may withdraw the permit without holding a hearing.

“9/11 Memorial” means the marble plinth and the steel artifact from the World Trade Center New York mounted upon it located near the center of the WTC Plaza, the three limestone blocks from the Pentagon located at the east side of the WTC Plaza, the three black monoliths representing the crash of United Airlines Flight 93 at Shanksville, PA, also located at the east side of the WTC Plaza, and a stone marker on the east side of the WTC Plaza explaining the 9/11 Memorial. The term WTC Property includes the 9/11 Memorial.

“Authorized” means acting under or pursuant to a written lease, contract, permit, or other evidence of right issued by the MPA or its building management contract.

“Citation” has the meaning stated in COMAR 11.05.02.02B(2).

“Commercial activity” means the exchange, trading, buying, hiring, selling, or peddling of commodities, goods, services, or property of any kind, or any revenue-producing activity.

“Clients” means any persons or entities and their invited guests using the conference center on the 21st floor pursuant to a contract or agreement.

“Emergency situations” means those conditions or situations resulting from fire, flood, riot, robbery, theft, weather, outages of power or public services, catastrophe or other cause, determined or reasonably apprehended by the MPA, MdTA Police, or authorized fire prevention officials to:

“Fire warden” means an individual within a tenant's premises and identified by the tenant as being responsible for assisting with evacuations in the event of a fire or other emergency.

“MPA” means the Maryland Port Administration of the Maryland Department of Transportation, established by Transportation Article, §6-201, Annotated Code of Maryland.

“MdTA Police” means Maryland Transportation Authority personnel designated as members of the police force under Transportation Article, §4-208, Annotated Code of Maryland.

“Normal business hours” means 8 a.m. until 6 p.m., Monday through Friday, except legal holidays or as modified by postings at WTC entrances from time to time.

“Tenants” means those persons or businesses, and their employees, occupying or using office or commercial space in the building pursuant to a lease, contract, or employment with the MPA.

“Working days” means Monday through Friday, except legal holidays.

“WTC” means The World Trade Center Baltimore.

“WTC building” means the structure known as The World Trade Center Baltimore, located at 401 E. Pratt Street in the City of Baltimore, Maryland, including the open-air WTC Arcade located on the southern sides of the building at the lobby level.

“WTC Plaza” means the area between the north side of the building and the access driveway on Pratt Street and bound on the east and west sides of the WTC property by the concrete plank drainage system (drain tile).

“WTC Property” means the WTC building, the WTC Plaza, and all structures, and improvements to said property, and all WTC parking areas, which are owned, leased, operated by, or under the control of the MPA.

“WTC Security” means MdTA Police or a security firm under contract or subcontract with the MPA.

Open to tenants and the public at the discretion of the MPA during the hours of operation established for those activities;

Subject to WTC security procedures; and

Closed to tenants and the public at all other times and in emergency situations.

Open to tenants and their invited guests at the discretion of the MPA during the hours of operations established for those activities subject to WTC security procedures; and

Closed to tenants and their invited guests at all other times and in emergency situations.

Establish and maintain a roster of persons authorized for regular access to the building;

Issue WTC identification badges to persons authorized for regular access to the building;

Issue WTC visitor badges to persons qualifying for temporary access to the building;

Require that all persons in the building wear their WTC identification or visitor badges at all times while in the building;

Restrict the access of persons within the building to certain areas as a condition of access;

Refuse to grant access to or within the building to persons not qualifying for the access;

Revoke the access of persons violating any of these regulations or the conditions of the granted access;

Inspect any packages or parcels being brought into or taken from the building; and

Issue or require tenants to issue property passes for equipment, supplies, or other material being brought into or taken from the building.

Tamper or interfere with any monitoring, detection, security, or surveillance device on WTC Property;

Tamper or interfere with the locks or closing mechanisms of any door, window, gate, or other opening on the WTC Property;

Make, possess, use, or sell any forged, counterfeit, or falsely altered pass, permit, identification card, or badge, supposedly issued by or on behalf of the MPA; or

Enter any posted restricted area of the building unless authorized by the MPA.

Post evacuation routes;

Provide copies of emergency procedures for fire wardens and assistants;

Train fire wardens;

Conduct periodic fire drills; and

Make available a copy of the WTC Emergency Procedures upon request or on the MPA's internet website at www.marylandports.com.

Appoint fire wardens;

Identify to the MPA and the MdTA Police the names of any individuals who need special assistance; and

Adhere to all MPA and MdTA Police requirements associated with emergency procedures and evacuations.

Climb upon, damage, deface, destroy, disturb, harm, injure, remove, tamper with, or throw objects at or from any building, detection device, equipment, fixture, flower, improvement, marker, monitor, shrubbery, sign, structure, trees, or vegetation on WTC Property, unless authorized to do so by the MPA.

Willfully abandon any personal property on WTC Property.

Dump, deposit, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter on WTC Property, unless the litter is placed into a litter receptacle or container. The word “litter” means all rubbish, waste material, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.

Post, affix, or attach in any way any pamphlets, posters, handbills, signs, notices, or advertisements in or on any building, equipment, fixture, improvement, sign, structure, trees, or vehicles on WTC Property, unless authorized to do so by the MPA.

Block or obstruct entrances, driveways, walks, or loading dock;

Be parked in unauthorized locations, or in locations reserved for other persons;

Be parked in the WTC parking areas or loading dock unless authorized by the MPA.

“Demonstration” means a gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.

“Distribution” means the distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials.

“Solicitation” means the solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes, or the collection of petition signatures.

A group of 15 or more persons desiring to engage in demonstration, distribution, or solicitation on WTC Property, must first obtain a written permit from the Administration for the proposed activity and, having obtained a permit, is sometimes referred to herein as a “Permittee.”

Permits shall be issued on a first-come, first-served basis.

The MPA may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, MPA may waive the fee based upon the ability of the applicant to pay the fee.

These activities shall be confined to the WTC Plaza within areas designated by the Administration.

These activities may not obstruct, delay, interfere with the free movement of, or impede any person, including, but not limited to pedestrians transiting the WTC Property, Tenants entering and exiting the WTC Building, or persons viewing or visiting the 9/11 Memorial. The Administration may designate and rope off reasonable ingress, egress, and public pedestrian routes.

These activities shall be permitted only between 8 a.m. and 8 p.m., except that leafleting shall be permitted during large public events occurring in the Inner Harbor Park of Baltimore after 8 p.m.

The number of participants in any permitted activity may be limited to a number reasonable under the circumstances, as determined by the Administration and the MDTA Police, to preserve safety, order, and ingress, egress, and public pedestrian routes.

A person engaged in disorderly drinking as defined by the Baltimore City Police Ordinances or publically intoxicated as defined under Maryland law will not be permitted to participate in these activities.

These activities shall be conducted in a peaceful and orderly manner. A person, group of persons, or organization participating in an activity may not:

A person, group of persons, or organization conducting an activity shall be responsible for maintaining the cleanliness of the WTC Property and for removing all litter attributable to their activities from the WTC Property before departure.

Any person, organization, or other legal entity conducting an activity shall be responsible for any damages to any WTC Property, or to any other real or personal property, caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to any cleaning or repair costs incurred by MPA.

Pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, and similar materials may not be left unattended on WTC Property.

Electronic sound-amplifying equipment other than a battery operated handheld megaphone being used facing away from the plinth of the 9/11 Memorial may not be used in conducting these activities on WTC Property unless expressly authorized by MPA.

A person, group of persons, or organization engaging in demonstration, distribution, or solicitation on WTC Property shall abide by the terms of the permit, this chapter, and local, State, and federal law.

Any group or organization of 15 or more persons seeking to engage in demonstration, distribution, or solicitation on WTC Property must first obtain a written permit from the Administration.

The application for the permit shall include:

Application Review.

A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds:

The applicant shall sign the permit and return it to the offices of the WTC Manager at least 12 hours before the proposed activity. MPA will waive or lessen this twelve-hour requirement in order to permit first amendment activities that arise in response to imminent events.

Terms or conditions of the permit are violated;

Activities or conduct of the Permittee present a clear and present danger to the public health, welfare, or safety; or

Activities of the Permittee constitute a violation of any applicable law or regulation.

Any person whose permit request is denied in full or in part, or revoked, may appeal the decision to the MPA Director of Commercial Management, by means of a letter stating the grounds therefore, within 5 working days of receiving a response from the WTC Manager.

The MPA Director of Commercial Management shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within 7 working days of receipt of such appeal.

The MPA Director of Commercial Management’s decision shall be sent certified mail to the responsible person at the address provided, with a copy by email or fax, or both, when provided, and shall be effective upon such service.

The MPA Director of Commercial Management’s decision shall constitute a final decision of the Administration, and may be appealed to an appropriate court as provided by law.

“Dredged material” means material excavated or dredged from the waters of the State.

“Facility” means a containment structure intended for the confinement of dredged material, located on property owned, leased, or operated by the MPA.

“MPA” means the Maryland Port Administration.

“Person” means:

“Port of Baltimore” means the Patapsco River and its tributaries lying west of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.

Obtain, at the person's own cost and expense, and keep in force until depositing is completed, all permits and certifications necessary for dredging or deposit of dredged material;

Submit to the Deputy Director for Harbor Development for approval plans and specifications detailing the proposed construction or depositing to be performed, with those plans and specifications containing, at a minimum:

Submit to the Deputy Director for Harbor Development a complete chemical and physical analysis of the material to be deposited in the facility;

Submit to the Deputy Director for Harbor Development an accounting system capable of calculating, in a manner satisfactory to the MPA, the quantity of dredged material being deposited;

Execute an agreement in a form satisfactory to the MPA.

“Citation” has the meaning stated in COMAR 11.05.03.02B(2).

“MPA property” has the meaning stated in COMAR 11.05.03.02B(9).

“Port facilities” has the meaning stated in COMAR 11.05.03.02B(11).

“Terminals” means those portions of port facilities, including but not limited to the piers, wharves, bulkheads, docks, banks, and other facilities, under the control of the MPA including but not limited to:

“TWIC” means the Transportation Worker Identification Credential issued by the federal government pursuant to Title 49 Code of Federal Regulations and Navigation and Inspection Circular 03-07.

“User” means an ocean carrier, rail carrier, lighter operator, motor carrier, custom house broker, independent contractor, stevedore, freight forwarder, shipper, consignee, or other user of, or person present on MPA property or within 100 feet of port facilities or any vessel secured thereto, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities.

The MPA may enter a user's premises on a port facility at any time to address any matter that, in the MPA's sole discretion, warrants such entry in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.

The MPA may bar any user from entering any premises on a port facility, including that leased to the user, if, in the MPA's sole discretion, the bar is warranted in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.

The MPA may revoke the authorization of any user to enter any premises on a port facility, including that leased to the user, if the person is charged with:

The revocation will remain in effect:

Entry onto MPA property is not allowed without prior MPA approved access, MPA approved identification, and a valid business purpose.

Anyone who enters MPA terminals shall have and display either a TWIC card or an MPA approved visitor credential.

All persons shall comply with Navigation and Inspection Circular 03-07, regarding escorts of visitors while entering or while on any MPA facility.

A vessel not authorized in advance by the MPA may not approach or dock at a port facility at any time.

Authorized vessels wishing to approach or dock at a port facility shall give 24 hours advance notice by calling Maryland Transportation Authority (MdTA) Police at (410) 633-1119.

On port facilities or MPA property:

Within 100 feet of a port facility when not occupied by a vessel or within 100 feet of any vessel moored to a port facility:

Deliver, receive, or remove cargo or equipment to or from a port facility without following established procedures;

Damage or remove property of the MPA or any user without authorization by the owner of the property or the owner's designee;

Dump personal trash, waste, or any other material;

Possess weapons or firearms;

Fish or crab;

Swim or dive; or

Operate, park, or store vehicles off-road.

Law enforcement officers or employees of other government agencies including but not limited to the United States Coast Guard, United States Department of Homeland Security, MdTA Police, and the Baltimore City Police Department for law enforcement or homeland security purposes;

MPA employees within the scope of their employment;

Exclusive representative of employees under State Personnel and Pensions Article, Title 3, Annotated Code of Maryland, to protect the health and safety of employees;

Ocean carriers, rail carriers, lighter operators, motor carriers, custom house brokers, independent contractors, stevedores, freight forwarders, shippers, consignees, or other users of port facilities, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities as part of their legitimate business activities on MPA property; and

Members of the news media or others persons who have received advance authorization from the MPA.