This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. The general public is invited to attend and observe any open session of the Commission or the Administration. Except in instances when the Commission or the Administration expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session. An individual attending an open session of the Commission or the Administration may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session. The presiding officer may: 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. A member of the public, including any representative of the news media, may: 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. A representative of the news media may broadcast or televise the proceedings of the Commission or the Administration at an open session if the equipment used: 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. The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if such restriction is necessary to maintain the orderly conduct of the open session. A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session. Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland Effective date: July 7, 1976 (3:14 Md. R. 750) Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562) Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050) This chapter applies to persons at all Maryland Port Administration (MPA) port facilities and to the land and water carriers using these port facilities. In this chapter, the following terms have the meanings indicated. Terms Defined. “CFR” means the Code of Federal Regulations. “Citation” means a charging document: Issued by an authorized member of the Maryland Transportation Authority (MdTA) Police, which specifies the offense for which the person stands accused; and Which is in the following form: For the purpose of traffic offenses under Transportation Article, §6-211, Annotated Code of Maryland, the Uniform Traffic Summons or Citation form is sufficient, when properly completed; or For the purpose of any other offense, the MdTA Police's standard citation form is sufficient, when properly completed. “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. “Fissile material” means (as defined in 49 CFR §173.403) plutonium 238, 239, or 241, or uranium 233 or 235, or any combination of these radionuclides. “Fissile material” does not mean: Material containing fissile nuclides; Unirradiated natural uranium and unirradiated depleted uranium; Natural uranium or depleted uranium that has been irradiated in thermal uranium; Depleted uranium that has been irradiated in thermal reactors only; or Material listed in 49 CFR §173.453. “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: An actual release of hazardous materials from the packaging or containment used for its transport or storage; The imminent danger of an actual release of hazardous materials from the packaging or containment used for its transport or storage; or The imminent danger of injury to persons or property due to the method of transportation or the place of storage of hazardous materials. “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: Lands, piers, docks, wharves, warehouses, sheds, transit sheds, buildings, structures, and other facilities, appurtenances, and equipment used for or designed for use in connection with the operation of a port; Every kind of terminal or storage structure or facility used for or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals; Every kind of transportation facility used for or designed for use in connection with any of these. “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. The International Maritime Dangerous Goods Code (International Maritime Organization, London, U.K.; 1994 Consolidated Edition, Volumes I through IV, including amendments through 27-94 and errata), is incorporated by reference. The IMDG Code is available for inspection at the following public offices: 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 Manager, SERM or the Manager's designee, shall administer these regulations. When a hazardous materials incident occurs, any person having knowledge of the hazardous materials incident shall immediately notify the Manager, SERM or the Manager's designee, and the nearest terminal operator. Notification to the Manager, SERM or the Manager's designee, may be through the MdTA Police Communications at the Dundalk Marine Terminal, by dialing 410-633-1092. The person who causes hazardous materials to be introduced into the Port of Baltimore is responsible for the prompt control, containment, mitigation, and removal of any hazardous materials discharged or released into the environment including, but not limited to, the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping into or on any land or water. This prompt control, containment, mitigation, and removal shall be done to the satisfaction of the Manager, SERM or the Manager's designee, or the responding enforcement authority. If a hazardous materials incident occurs at an MPA port facility, the Manager, SERM or the Manager's designee, may take such emergency action as may be necessary including removing or relocating any property or water carrier. Any expenses incurred by the MPA, pursuant to the use of this emergency authority, shall be reimbursed to the MPA by the person responsible for the hazardous materials incident in the same manner any debt would be due. A person may not introduce in the Port of Baltimore any hazardous materials, unless: 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. The Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, may reasonably enter an MPA port facility and inspect hazardous materials designated as cargo. These inspections shall be conducted during normal business hours and are confined to areas where cargo is introduced or stored. Exceptions. 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. A person may not introduce in the Port: 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. A person may not introduce in the Port any of the following commodities unless a permit has been obtained from the Manager, SERM or the Manager's designee: 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. None of the hazardous materials listed in §A of this regulation may remain on any MPA port facility without a valid permit. A vessel carrying quantities exceeding 100 pounds of Class 1, divisions 1.1 and 1.2 explosives or 2,500 pounds of Class 1, divisions 1.2 and 1.3 explosives, or both, in transit to or from an MPA port facility shall establish a security watch once tied up to any berth, pier, dock, or wharf. The security watch in §A of this regulation shall be a member of the MdTA Police Department, or armed security guard approved in advance by the MPA Manager, SERM or the Manager's designee, and the Director of Security or the Director's designee, and is considered a borrowed servant of the vessel. The security watch in §A of this regulation is required for both landside and waterside and the security watch shall be required during the entire duration of the vessel being tied up to the berth, pier, dock, or wharf. The security watch may also require an escort for the vessel when it enters and leaves the harbor. The decision to escort the vessel will be made by the Director of Security or the Director's designee. Costs incurred for the security watch in §A of this regulation shall be paid by and for the account of the vessel carrying the explosives. Affected vessels shall be required to provide a fire warp fore and aft on the outboard side. Before any longshoring operations on an affected vessel, an inspectional tour may be conducted by a representative of the Maryland Port Administration, and the affected vessel shall permit the inspection. Open flames, including burning, welding, or smoking, may not be permitted on or near the vessel. Affected vessels shall maintain at all times accessibility for ingress and egress of emergency equipment and personnel to and from the affected vessel and its cargo. All applicable international, federal, State, and local laws, rules, and regulations governing explosives shall apply. Permitted cargo shipments of Class 1, divisions 1.1—1.3 explosives, may not remain on the land area of an MPA port facility for more than 6 hours. Except in the case of flammable liquids handled at bulk petroleum terminals, any person required to notify the United States Coast Guard in compliance with 33 CFR §§126.17 and 127.27(b) shall notify the Manager, SERM or the Manager's designee, in the same manner. The following persons shall make application to introduce in the Port any commodity requiring a permit: 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. In cases when commodities requiring a permit arrive in the MPA port facility and the Baltimore representative of the water carrier cannot be immediately identified, the person controlling the area where the hazardous material comes to rest on the MPA port facility shall apply for a permit at once. Applicants shall submit their application and send it to the Manager, SERM or the Manager's designee, Maryland Port Administration, by fax to 410-285-0921. Applicants shall send applications to the Manager, SERM or the Manager's designee, at least 48 hours before the arrival of the affected vessel at an MPA port facility. Under unusual circumstances, applicants may seek a permit by telephone at 410-633-1147, but in all cases, they shall promptly fax an application. When applying for a permit, the permit applicant shall state: 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. Requests for permits for fissile materials considered a certain dangerous cargo under 33 CFR §160.204 shall additionally include: 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. Requests for permits for ammonium nitrate shipments shall additionally include the composition of the material, including the percentage of ammonium nitrate by weight, along with a detailed description of the packaging. A permit may be denied if: 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. The Manager, SERM or the Manager's designee may waive any of the requirements in this chapter if: The request does not violate any applicable statutes, laws, other regulations, or ordinances; The request is reasonable under the circumstances. No permit granted by the MPA and no inspection made by it may operate to shift to it or to its officials any responsibility for the improper packing, handling, storage, stowage, movement, classification, description, marking, labeling, or placarding of hazardous materials by others at MPA port facilities. MPA's issuance of a permit, or waiver of the requirements in this chapter does not constitute a waiver of the immunities granted to the MPA under law. The MPA does not assume a supervisory function with respect to these operations and may not be considered by the existence of these regulations to be in control of them. However, the MPA retains the right to direct the cessation of any operation in connection with the movement of hazardous materials at MPA port facilities, if, in the opinion of its Manager, SERM or the Manager's designee, safety requires this cessation. A person aggrieved by any action of the Manager, SERM or the Manager's designee, under this chapter may appeal in writing or orally to the Executive Director. Written appeals shall be sent to the Maryland Port Administration, Executive Director, World Trade Center Baltimore, 401 East Pratt Street, 20th floor, Baltimore, Maryland 21202-3041. A person making an oral appeal shall promptly send to the Executive Director a written outline of key points to be considered. The Executive Director's decision shall be final. Upon request, the Executive Director will provide a decision in writing. The Executive Director may stay action while the request or appeal is pending except where a stay would cause an imminent threat of injury to persons or property in the Port. An MdTA police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland. Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both. Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland Effective date: June 11, 1975 (2:13 Md. R. 930) Chapter revised effective October 1, 1980 (7:19 Md. R. 1807) Chapter revised effective January 8, 1990 (16:26 Md. R. 2795) Chapter revised effective August 28, 1995 (22:17 Md. R. 1320) Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222) Chapter revised effective April 6, 2009 (36:7 Md. R. 525) Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570) This chapter applies to motor vehicles on all Maryland Port Administration property. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “Motor vehicle”, except as otherwise used in these regulations, means a vehicle that is self-propelled, including all automobiles, whether or not privately owned. “Motor vehicle” also includes multipurpose passenger vehicles, van pool vehicles, trucks, truck tractors, trailers, semitrailers, pole trailers, motorcycles, export or import cargo, and special mobile equipment. “Motor vehicle” includes any vehicle qualifying as a motor vehicle which is subject to all the requirements of this chapter while being pulled or towed by another motor vehicle. “Motor vehicle” does not include vehicles designed to operate only on rails or tracks. “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: The decal that is affixed to the vehicle windshield by the MPA Office of Security or designee; The visitor or vendor vehicle pass, cargo gate pass or E-Pass generated by the MPA and verified by security personnel at the facility access control point; or The 14-day pass issued by the MPA Office of Security or designee. “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: Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, or equipment useful or designed for use in connection with the operation of a port; Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals; Every kind of transportation facility useful or designed for use in connection with any of these. Special Mobile Equipment. “Special mobile equipment” means vehicles that are not used primarily for highway transportation of people or property, but which are operated or moved on a highway only as an incident to their non-highway use. “Special mobile equipment” includes road construction or maintenance machines, mobile cranes, ditch diggers, well drillers, portable concrete mixers, job site vehicles, portable power generators, fork lift trucks, yard hustlers, straddle carriers, crew haulers, rubber tired gantries, and other vehicles used to move personnel around the terminals in connection with the movement of cargo in maritime commerce. “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. Permit Requirements. 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. Types of Permits. 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: In the performance of official duties; or For conducting business on any MPA facility. Application Procedures. Requirements for a Decal. A person desiring a decal under this regulation shall: Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility; Submit a completed permit application to the MPA Office of Security or designee on the form provided; Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and Exhibit a valid State driver's license, of the class authorized for that particular type of vehicle, covering the person operating the vehicle at the time of application, and exhibit proof of insurance for the vehicle for which application is made. 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: Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person’s failure to obtain a decal; and Receive prior authorization from the MPA, the MdTA Police, or a tenant or other user of the Port facility to be on the facility for the requested period. 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. Decision on Application for Decals. 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. Display of Decals and Passes. 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: Does not display a decal or pass; or Displays an expired decal or pass. Non-Transferability of Decals and Passes. A Decal or Visitor or Vendor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued. Termination of Decals and Passes. Decals. Upon termination of a Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee. Decal termination occurs on the earliest of: The date the need for facility access stated in support of the original application no longer exists (for example, termination of employment on the terminal); The date the owner or operator voluntarily surrenders the permit; The date the MPA Office of Security or designee revokes or suspends the permit. The date ownership of the vehicle is transferred by the person who obtained the decal; or Upon expiration of the Decal. Visitor or Vendor Vehicles Passes. The Visitor or Vendor Vehicle Pass shall be returned to a designated security officer or electronically closed upon departure of the motor vehicle from the facility. The Visitor or Vendor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter. 14-Day Passes. The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass. The 14-Day Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, when the need for which the permit was issued no longer exists, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter. Notice of Changes in Conditions. 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: New motor vehicle registration plate number; Sale or other disposition of the motor vehicle; Loss of or damage to the decal; Change of regularly assigned place of employment; Change of applicant's employer; or Change in the home address of the owner of the motor vehicle. Limitations. The issuance of any decal or pass under this chapter or permission for any person to enter MPA property does not permit the motor vehicle or persons unrestricted access throughout a facility or unrestricted movement or parking in the facility for which the decal or pass is issued. Motor vehicles with decals or passes, and persons allowed to enter are permitted access to the property only when the need for access, as given in support of the application, exists. Every person in the facility shall obey these regulations regarding the operation and parking of motor vehicles together with all directives and signs issued by the MPA and all oral or written directions given by MdTA Police to implement this chapter. Maryland Vehicle Law. Incorporation by Reference. All provisions of Transportation Article, Titles 11—27, Annotated Code of Maryland, are hereby incorporated by reference in these regulations. Interpretation. The portions of these regulations that are identical with or included by reference with corresponding portions of the Maryland Vehicle Law shall be interpreted and construed to make uniform these regulations, except that these regulations may supplement the Maryland Vehicle Law. If these regulations conflict with the Maryland Vehicle Law and cannot be reconciled with the law as provided, the Maryland Vehicle Law prevails and controls. The provisions of the Maryland Vehicle Law as incorporated in these regulations shall be interpreted as applying to the MPA in the following manner: “Traffic control devices” shall be interpreted as referring to traffic control devices established by the MPA; “Markings, highways, and roadways” shall be interpreted as referring to markings, highways, and roadways or thoroughfares on MPA property, including shoulders, which are used for vehicular traffic; “MdTA Police” has the meaning stated in Regulation .02 of this chapter. Other provisions of the Maryland Vehicle Law shall be read in the context of MPA property and these regulations. Registration Requirements. A motor vehicle driven on MPA property shall be registered as required by the Maryland Vehicle Law and display valid Maryland Registration Plates. However, registration is not required for motor vehicles driven on MPA property when the motor vehicle is actually being driven incidental to its handling as import or export cargo. Inspection Requirements. 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. Operating Requirements. An act or omission by the operator of a motor vehicle which would constitute a violation of the Maryland Vehicle Law if committed upon a public highway or other roadway, whether or not the motor vehicle is required to have a permit with the MPA, constitutes a violation of these regulations, and a citation as authorized by the Maryland Vehicle Law may be issued. The offense may not be cited as a violation of these regulations, but shall refer instead to the particular section of the Transportation Article which has been violated. Facility Speed Limits. 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. Defacing and Injuring Signs or Devices. A person may not deface, injure, move, or interfere with any sign, standard post, safety zone, semaphore, tower, automatic signal, or other traffic control device, or any part of one, or erase, or eradicate, obliterate, or otherwise render ineffective directions, lines, or marks painted or placed on the roadway or facility surface for the purpose of directing the flow of traffic or the parking of motor vehicles. Accidents and Reporting. 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: Rendered reasonable assistance to an individual injured in the accident; Promptly reported the accident to the MdTA Police; Given to the occupant or other individual attending any other motor vehicle involved in the accident and to the responding MdTA Police officer the: Vehicle operator's name and address; and Permit number or other identifying information of the motor vehicle the vehicle operator is operating; and Upon request, shown the vehicle operator's driver's license to the occupant or individual attending any other motor vehicle involved in the accident. 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: Stop; Notify the MdTA Police; Locate the operator or owner of the motor vehicle or property and notify him of the accident, giving him the name and address of both the vehicle operator and the owner of the motor vehicle striking the unattended vehicle or property. 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. Restrictions on Special Vehicles. 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. Jurisdiction. 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. Permitted Areas. Motor vehicles displaying valid port admission decals or passes may be parked only in those parking areas designated by the MPA and MdTA Police. A motor vehicle parked in an area not designated for parking or failing to display a proper permit is in violation of this chapter. Restrictions. 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: In front of, across, or blocking any driveway, gate, doorway, pier, berth apron, loading platform, handicapped ramp, or cargo handling area, or upon any berth; Within 15 feet of any fire hydrant, standpipe, or sprinkler connection; On any sidewalk or in any crosswalk; Within 15 feet of any intersection, or within any intersection or any portion of the roadway, except where portions of a roadway may be designated for parking; Within 20 feet of the driveway entrance to a shed or warehouse, or inside a shed; Within 50 feet of the nearest rail or railroad, except on designated parking areas; In an area where the curb is painted yellow or in an area where a prohibition is indicated by posting of other markings placed under the authority of the MPA; On the roadway side of any motor vehicle stopped or parked at the edge of the roadway; On the roadway where parking is otherwise permitted but where any part of the nearest side of the motor vehicle parked is in excess of 12 inches from the nearest curb, side, or edge of the roadway; In such a way as to obstruct traffic; In such a way as to cause or be likely to cause a hazard to the health or safety of individuals on MPA property; In any designated handicapped parking space without displaying a handicapped registration plate or placard; or In any other area where parking or leaving a vehicle standing or unattended is not specifically authorized. 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. An individual on or entering MPA property shall provide proof of identity at the request of an MdTA Police officer, and shall provide the: Individual’s driver’s license and, at the discretion of the MdTA Police Officer, other official photo identification such as Transportation Worker Identification Credential (TWIC) or MPA Identification Card; Individual's name and address; Individual's current employer; and Reason the individual seeks admittance to or is on MPA property. All motor vehicles, including the contents thereof, which enter, use, or are operated on MPA property are subject to reasonable search by an authorized member of the MdTA Police in accordance with the Constitution, laws, and regulations of the United States and the State of Maryland. Records. 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: Date and time of removal; Description of the vehicle; and Location to which the vehicle was removed. The MdTA Police may remove a motor vehicle from a facility or to another part of the property if the MPA has jurisdiction under Regulation .05A of this chapter and the vehicle is: 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. A person may not willfully fail or refuse to comply with any lawful order or direction of a member of the MdTA Police in connection with the enforcement of these regulations. Permission granted by the MPA to any person to enter or use MPA property constitutes an agreement by that person to comply with these regulations. Any employer conducting business on MPA property who knowingly permits a motor vehicle owned by him or under his control to be operated by an employee who does not have a valid driver’s license is in violation of these regulations. However, an employer may not be issued a citation for permitting an unlicensed driver to drive cargo-handling equipment which does not require the operator to possess a valid license. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland. Penalties. 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. Nonparking Offenses. 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. Parking Offenses. 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: Uncontested Cases. If the person charged in a citation elects not to contest the violation cited, the person may close all proceedings by mailing a certified check or money order, payable to the Maryland Port Administration in the amount stated on the citation, to the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202. Payment of the fine in an uncontested case is considered a conviction. Contested Cases. A person receiving a citation for a parking violation may elect to stand trial for the offense charged by notifying by mail the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202, that the person intends to stand trial. This notice shall be given at least 5 days before the last date for voluntary payment as stated on the citation. If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request on the notice electing trial that the officer appear. If the officer's presence is not requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the matter set forth in the citation. If a timely notice of election to stand trial is received, the MPA shall forward the notice and citation to the appropriate court, which shall schedule the trial and notify the person charged of the date and time set. Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the rules of procedure adopted by the Chief Judge of District Court. Suspension. Whenever two convictions of any person for violations of these regulations have been based upon citations charging any offense involving the operation or use or parking of a motor vehicle in such a manner as to endanger persons or property or to obstruct the free and efficient movement of cargoes, the police may request the person involved to show good cause why any permit connected with his name should not be suspended for a period of 60 days. If good cause, substantial hardship, or special mitigation is not shown, the 60-day suspension becomes effective upon the date of the suspension order. Revocation or Refusal of Permit Privileges. Permit privileges may be revoked or refused by the MPA Office of Security when: In the sole discretion of the MPA Office of Security, the revocation or refusal is warranted in the interest of the safety or security of a port facility, or of persons or property thereon, or any vessel secured thereto; The owner or operator of any motor vehicle issued a permit is convicted of two cited violations of these regulations within a 3-year period; The owner or operator of any motor vehicle issued a permit is charged with any of the following violations: A criminal violation involving the use or possession of a weapon; A criminal violation involving theft; Falsification of any information on the application for an identification badge or vehicle permit, or both; Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person; or The owner or operator of any motor vehicle issued a permit is convicted of any of the following violations: Failing or refusing to report any vehicle accident occurring on MPA property; Failing or refusing to comply with a lawful order or direction of a MdTA Police officer; Falsification of any information on the application for permit; Failure to comply with any requirements of the permit application; Driving while intoxicated, ability impaired, or under the influence (Transportation Article, §21-902, Annotated Code of Maryland); Fleeing or eluding police; Operating while license is refused, suspended, or revoked; Any criminal violation involving theft; Any criminal violation involving the possession or use of any weapon; Failing to respond to citations issued under these regulations; or Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person. 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. The procedures under this regulation shall be conducted in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. A decision rendered under this regulation shall be consistent with the purpose of these regulations as stated in Transportation Article, §6-211, Annotated Code of Maryland. Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland Effective date: September 3, 1975 (2:20 Md. R. 1300) Chapter revised effective June 1, 1980 (7:11 Md. R. 1038) Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429) Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429) Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396) Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429) Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429) Chapter revised effective May 8, 1995 (22:9 Md. R. 646) Chapter revised effective October 5, 1998 (25:20 Md. R. 1532) Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957) Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957) Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570) Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570) These regulations establish the procedures and requirements for obtaining a Vessel Gaming Permit, and set forth the information which the operator or owner of a passenger cruise vessel shall provide to the Maryland Port Administration (MPA) and the Maryland State Police (MSP) in order to apply for a Vessel Gaming Permit. In order to conduct gaming aboard a vessel under the provisions of Transportation Article, §6-209, Annotated Code of Maryland, a vessel owner or operator shall obtain a Vessel Gaming Permit from the Maryland Port Administration. The MPA is the sole judge as to whether a Vessel Gaming Permit shall be issued, and once issued, whether a Vessel Gaming Permit shall be withdrawn. Failure to obtain a Vessel Gaming Permit from the MPA prohibits the vessel owner or operator from conducting or allowing any gaming operation on the vessel within the territorial waters of the State. Conducting or allowing a gaming operation on a vessel within the territorial waters of the State without a Vessel Gaming Permit may subject the vessel owner or operator to criminal prosecution under the provisions of Criminal Law Article, §12-105, Annotated Code of Maryland. An applicant for a Vessel Gaming Permit shall complete a Vessel Gaming Permit Application, and submit two originally signed copies to the Manager of Cruise Marketing, Maryland Port Administration, World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202. The MPA shall send one of the completed applications to the MSP for its review. An application which has not been properly completed or is incomplete shall be rejected and returned to the applicant with the reasons for rejection. Fee. Each applicant shall send a nonrefundable fee to the Maryland Port Administration with each application package. The application fee shall be reasonable and determined by, and in the sole discretion of, the MPA and may change annually. Permit. 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. Vessel Gaming Permits shall be issued for a period not to exceed 1 year and shall only authorize gaming on the territorial waters of Maryland northeast to the Maryland-Delaware border and south to the Maryland-Virginia border if the vessel is: 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. Withdrawal of Permit. 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: The MPA and the MSP conduct a joint investigation of the alleged violations of the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland; The MPA provides the holder of a Vessel Gaming Permit with written notice of the holder's right to issue a written request for a hearing to be held before the Maryland Port Executive Director or the Executive Director's designee; and The Maryland Port Executive Director or the Executive Director's designee conducts a hearing in accordance with COMAR 11.01.14 if the holder of the Vessel Gaming Permit requests a hearing. 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. Transportation Article, §6-209, Annotated Code of Maryland Effective date: November 18, 1977 (4:24 Md. R. 1807) Chapter, Operation of Vessels and Other Watercraft in Baltimore Harbor, repealed effective December 6, 1982 (9:24 Md. R. 2390) Regulations .01—.03, Vessel Gaming Permits, adopted effective January 31, 1994 (21:2 Md. R. 99) Regulation .03 amended effective April 6, 2009 (36:7 Md. R. 525) This chapter applies to all persons using World Trade Center (WTC) Property in any manner, whether tenants, MPA employees, or members of the public, including visitors, invitees, deliverymen, contractors, and the like. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Endanger the health, safety, or welfare of persons on WTC Property; Threaten the destruction, loss, or damage of public or private property located on WTC Property; or Disturb the normal and peaceful conduct of business activity on WTC Property. “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. Those using the WTC building, whether tenants, clients, or members of the public, are subject to the security procedures adopted by the MPA to control access to and within the building. The WTC building shall be open to tenants at all times, subject to WTC security procedures, except that the WTC building may be closed to tenants in emergency situations. The area of the WTC building operated by the City of Baltimore as a public observation area on the 27th floor and the designated routes of access to that area, including the exhibit area on the east side of the WTC lobby are: 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. Those areas of the WTC building operated as restaurants and shops and the designated routes of access to those areas are: 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. The grounds which are part of the property are open to tenants, their invited guests, and the public at all times unless gated or posted as closed by the MPA, and shall be closed to tenants, their invited guests, and the public in emergency situations. The arcade on the waterside of the WTC shall be closed to the public by the MPA from time to time and in emergency situations. Security for WTC Property may be provided by the MdTA Police or the MdTA Police's designee, and any security firm under contract or subcontract with the MPA. The MPA or the MdTA Police may: 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. Individuals entering the building may be required to present valid picture identification to security personnel as a condition of access to the building. Tenants entering or leaving the building may be required to register their arrivals and departures with security personnel. Members of the public, including visitors, deliverymen, contractors, and others who have not been authorized for regular access to the building, may be required to register their arrivals and departures with the security personnel as a condition of access to the building. Access to tenant floors by deliverymen or couriers shall be limited to normal business hours only. Persons entering or leaving the building may be required to pass through a metal-detection device or use other security devices as a condition of access to the building. A person may not: 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. In the event of a fire emergency or a fire drill, those on WTC Property shall obey the instructions of the MdTA Police, the MPA, and the responding authority. Use of the elevators during a fire emergency or fire drill is prohibited, except when directed by the Baltimore City Fire Department. A person may not tamper or interfere with fire-fighting equipment or fire-alarm systems, including detection and monitoring devices. The MPA shall: 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. WTC tenants shall: 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. A person may not: 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. A person who violates this regulation, in addition to any other penalties prescribed in this chapter, shall be liable for any loss or damages to real or personal property caused by the violation. Vehicles on WTC Property shall be operated in a safe and careful manner, complying with directions of the MPA, the MdTA Police, and posted signs. Vehicles may not: 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. Vehicles, including motor vehicles, motorcycles, mopeds, skate boards, and bicycles, may not be operated on parts of WTC Property, WTC Plaza, and WTC Arcade unless authorized by the MPA or the MdTA Police. The MdTA Police may issue permits or otherwise authorize vehicles to be parked in areas or for periods of time not otherwise permitted by this regulation. Driving or parking is not allowed on the WTC Plaza without written authorization from the MPA. This authorization shall be granted sparingly. Disorderly conduct, or conduct which creates loud and unseemly noises, or profane cursing, swearing, or using of obscene language, or conduct which unreasonably disturbs the tenants or the public in the course of normal business activity on WTC Property, or which disturbs the peace, is prohibited. Conduct which obstructs sidewalks, entrances, walkways, corridors, elevators, offices, stairways, or parking areas, or conduct which otherwise obstructs or hinders the tenants or the public in the course of normal business activity on WTC Property, is prohibited. The possession or carrying, either openly or concealed, or the use or discharge of any weapon on WTC Property is prohibited, except for official purposes and by authorized personnel. Commercial activity on WTC Property is prohibited, except when conducted by tenants within their leased or assigned spaces, or unless otherwise authorized by the MPA. The solicitation of money or contributions, commercial solicitation, the display of commercial advertising, and the collection of private debts on WTC Property is prohibited, unless authorized by the MPA. This prohibition does not apply to fund-raising activities approved by tenants for their own leased or assigned spaces and approved by the MPA, or to personal notices posted by tenants or by their employees on authorized bulletin boards within the tenant's own leased or assigned spaces. The possession or use of any controlled dangerous substances, or prescription drugs, except those prescribed by a physician and permitted by law, is prohibited. A person intoxicated by or under the influence of controlled dangerous substances or unauthorized prescription drugs may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property. The possession, in an open container, or the drinking of any alcoholic beverages while on WTC Property is prohibited, unless within the spaces leased or assigned to a tenant and authorized by that tenant. A person intoxicated by alcoholic beverages and endangering the safety of other persons or property or disturbing the tenants or the public may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property. Commercial photography and videotaping on WTC Property is prohibited, unless authorized by the MPA. News and other photography and videotaping on WTC Property shall be permitted, subject to these regulations, except that the photography and videotaping in the spaces leased or assigned to any tenant must be authorized by that tenant. Riding or using skateboards or roller skates on WTC Property is prohibited. Swimming, sunbathing, or fishing on or from WTC Property is prohibited. Engaging in boating activities on or from WTC Property is prohibited, unless authorized by the MPA. Dogs, cats, and other animals, except service animals, are prohibited on WTC Property, unless authorized by the MPA or the MdTA Police for official purposes. Smoking or carrying lighted materials in the WTC building is prohibited. Employees or invitees of WTC tenants or occupants may not smoke on WTC Property within 50 feet of any entrance to the WTC. First Amendment Activities Covered by these Regulations. “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. Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations. Permits and Restrictions. 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: Impede, physically grasp at or touch Tenants, the public, or pedestrians using or transiting the WTC Property or viewing the 9/11 Memorial, or attach objects to their clothing without their consent; Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment; Engage in disorderly conduct; State or represent that he, she, or the organization is a representative of, or is otherwise affiliated with the Maryland Port Administration, the Maryland Department of Transportation, or the State of Maryland; or Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property. 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. The procedures in §C of this regulation shall be followed in applying for a permit to engage in demonstration, distribution, or solicitation on WTC Property. In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations. Procedures. 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. To obtain a permit, the applicant shall submit to the Administration during normal business hours a written permit application no later than 2 working days before the date requested for the activity. MPA will waive or lessen this 2-day requirement in order to permit first amendment activities that arise in response to imminent events. The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed. The application for the permit shall include: The full name, mailing address, telephone number, and email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative; The full name, mailing address, telephone number, and email address of the person who will supervise and be responsible for the conduct of the proposed activities; The date and times of the proposed activity, provided that a permit will not be issued for any time between the hours of 8 p.m. and 8 a.m.; A brief description of the proposed activity, including the method of communication and which type of permit is requested, for example, whether for demonstration, distribution, or solicitation; The number of persons expected to participate; and The signature of the applicant. Application Review. The WTC Manager shall review each application promptly. If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant. If the application is complete, the WTC Manger shall forward the application to the MDTA Police, and the Administration Security Department for review, comment, and signature. A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds: The information contained in the permit application is incomplete or contains material misrepresentations; The applicant refuses to sign the permit; The proposed activity interferes with a previously issued permit or scheduled event; An emergency situation exists; The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial; The proposed activity interferes materially with the normal business activities of WTC tenants; The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order. 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. A permit may be revoked at any time if the: 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. Appeal of Permit Decisions. 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. The WTC Property is subject to Criminal Law Article, §6-409, Annotated Code of Maryland. A person refusing or failing to leave WTC Property, upon proper request to do so by an authorized agent of the MPA, shall be guilty of a misdemeanor, and upon conviction may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland. Except as otherwise provided by law or by these regulations, the maximum penalties for violating any of the regulations in this chapter are a fine of $500 or imprisonment for not more than 1 year, or both. Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20 Effective date: March 24, 1978 (5:6 Md. R. 468) Chapter revised effective September 27, 1982 (9:19 Md. R. 1895) Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429) Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429) Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189) Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429) Chapter revised effective July 3, 1995 (22:13 Md. R. 968) Chapter revised effective October 5, 1998 (25:20 Md. R. 1532) Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222) Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222) Chapter revised effective April 6, 2009 (36:7 Md. R. 525) Chapter revised effective August 4, 2014 (41:15 Md. R. 891) These regulations govern the deposit by any person of dredged material on property owned, leased, or operated by the Maryland Port Administration. These regulations are intended to enable the Maryland Port Administration to enhance the flow of international and interstate commerce through the Port of Baltimore by making available certain portions of its property for use, to the extent available, as containment sites for dredged material generated by maritime businesses located in and around the Port of Baltimore. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: An individual or a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association; Two or more persons having a joint or common interest; or Any other legal or commercial entity. “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. As a condition of and before depositing dredged material in a facility, a person shall: 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: The quantity of material to be deposited; The method of delivery of the material; The method of depositing and spreading the material; Any dike construction, reconstruction, or sloping made necessary by the depositing; Any seeding or mulching of the dike, if necessary; and Any other information reasonably required by the Deputy Director for Harbor Development to evaluate the proposed construction or depositing; 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. Material containing any substance in sufficient concentration to be designated as hazardous by applicable federal, State, or local law or regulation may not be deposited in a facility. The MPA shall inspect, monitor, and approve or disapprove the methods of disposal of dredged material in a facility. Final acceptance of dredged material going into a facility is at the sole discretion of the MPA. The fee for depositing dredged material in a facility shall be a reasonable fee, to be determined by, and in the sole discretion of, the MPA, of not less than $2 per cubic yard. If the fee is in the form of an exchange of property, goods, or services, or all of these, it requires the approval of the Maryland Port Commission. The fee requirements as set forth in Regulation .05 of this chapter do not apply to the MPA or its contractors or subcontractors, or other agencies of the State. Transportation Article, §6-204, Annotated Code of Maryland Effective date: June 7, 1982 (9:11 Md. R. 1128) Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968) Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968) Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429) Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492); October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525) Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525) This chapter applies to all users, as defined in Regulation .02 of this chapter. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Childs Street (Pier 4); Clinton Street (Pier 1); Cox Creek; Dundalk Marine Terminal; Fairfield Automobile Terminal; Hawkins Point Marine Terminal; Locust Point Marine Terminal—North; Locust Point Marine Terminal—South; Masonville Marine Terminal; and Seagirt Marine Terminal. “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. Security-Based Entry and Exclusion. 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: A criminal violation involving the use or possession of a weapon; A criminal violation involving theft; Falsification of any information on the application for an identification badge or vehicle permit, or both; or Misuse of another person’s identification card or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification card or vehicle permit issued to another person. The revocation will remain in effect: From the date charges are filed until the charges are adjudicated; For a period of 1 year from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment; or Permanently from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment for a second or subsequent offense under these regulations. Access. 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. Exceptions. Bona fide law enforcement, fire, or emergency medical service personnel are exempt from these entry regulations when performing their official duties and in possession of an approved identification. A user, an employee or invitee of a user, or any other person may not: On port facilities or MPA property: Provide false information to gain access to a terminal or to cargo; Violate, interfere with, tamper with, or otherwise attempt to circumvent any security procedures of the MPA; Violate any State or federal statute or regulation; or Hunt or discharge firearms; or 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: Swim, dive, or wade; Fish or crab; or Engage in recreational boating. A user, or an employee or invitee of the user, or any other person may not do any of the following on port facilities or MPA property, without express written authorization by the MPA: 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. Film, videotape, or other image-retention media used on a terminal to capture images of security sensitive sites, restricted areas or other critical infrastructure regulated by 33 CFR, §105.260 and that the MPA Office of Security or the MdTA Police, in its sole discretion, determines to constitute a breach of security, shall be subject to confiscation. Confiscation and retention of property under this section shall be performed in accordance with MdTA Police procedures. Except as provided in §C of this regulation, and only with advance notice to the MPA Office of Security, photography, filming, or video camera use is permitted by: 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. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland. Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both. Transportation Article, §6-204, Annotated Code of Maryland Effective date: February 26, 2007 (34:4 Md. R. 401) Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525) Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525) Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)