# COMAR Title 11 — Department of Transportation

## Subtitle 05 — Maryland Port Administration

### Chapter 05 — The World Trade Center Baltimore Building and Grounds

**Authority:** 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

**Administrative History:** Effective date: March 24, 1978 (5:6 Md. R. 468)

**Administrative History:** Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)

**Administrative History:** Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)

**Administrative History:** Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Chapter revised effective July 3, 1995 (22:13 Md. R. 968)

**Administrative History:** Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)

**Administrative History:** Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Chapter revised effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Chapter revised effective August 4, 2014 (41:15 Md. R. 891)

#### Regulation .01 Application.

*COMAR 11.05.05.01*

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.

#### Regulation .02 Definitions.

*COMAR 11.05.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “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.

  (2) “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.

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

  (4) “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.

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

  (6) “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:

    (a) Endanger the health, safety, or welfare of persons on WTC Property;

    (b) Threaten the destruction, loss, or damage of public or private property located on WTC Property; or

    (c) Disturb the normal and peaceful conduct of business activity on WTC Property.

  (7) “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.

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

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

  (10) “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.

  (11) “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.

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

  (13) “WTC” means The World Trade Center Baltimore.

  (14) “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.

  (15) “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).

  (16) “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.

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

#### Regulation .03 Use of WTC Property.

*COMAR 11.05.05.03*

A. 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.

B. 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.

C. 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:

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

  (2) Subject to WTC security procedures; and

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

D. Those areas of the WTC building operated as restaurants and shops and the designated routes of access to those areas are:

  (1) 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

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

E. 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.

#### Regulation .04 Security.

*COMAR 11.05.05.04*

A. 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.

B. The MPA or the MdTA Police may:

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

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

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

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

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

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

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

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

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

C. Individuals entering the building may be required to present valid picture identification to security personnel as a condition of access to the building.

D. Tenants entering or leaving the building may be required to register their arrivals and departures with security personnel.

E. 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.

F. 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.

G. A person may not:

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

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

  (3) 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

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

#### Regulation .05 Fire Safety.

*COMAR 11.05.05.05*

A. 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.

B. Use of the elevators during a fire emergency or fire drill is prohibited, except when directed by the Baltimore City Fire Department.

C. A person may not tamper or interfere with fire-fighting equipment or fire-alarm systems, including detection and monitoring devices.

D. The MPA shall:

  (1) Post evacuation routes;

  (2) Provide copies of emergency procedures for fire wardens and assistants;

  (3) Train fire wardens;

  (4) Conduct periodic fire drills; and

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

E. WTC tenants shall:

  (1) Appoint fire wardens;

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

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

#### Regulation .06 Preservation of Property.

*COMAR 11.05.05.06*

A. A person may not:

  (1) 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.

  (2) Willfully abandon any personal property on WTC Property.

  (3) 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.

  (4) 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.

B. 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.

#### Regulation .07 Vehicles.

*COMAR 11.05.05.07*

A. 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.

B. Vehicles may not:

  (1) Block or obstruct entrances, driveways, walks, or loading dock;

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

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

C. 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.

D. 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.

E. Driving or parking is not allowed on the WTC Plaza without written authorization from the MPA. This authorization shall be granted sparingly.

#### Regulation .08 Prohibited Activities.

*COMAR 11.05.05.08*

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. Riding or using skateboards or roller skates on WTC Property is prohibited.

J. Swimming, sunbathing, or fishing on or from WTC Property is prohibited.

K. Engaging in boating activities on or from WTC Property is prohibited, unless authorized by the MPA.

L. 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.

M. 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.

#### Regulation .09 First Amendment Activities.

*COMAR 11.05.05.09*

A. First Amendment Activities Covered by these Regulations.

  (1) “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.

  (2) “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.

  (3) “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.

B. Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations.

C. Permits and Restrictions.

  (1) 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.”

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

  (3) 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.

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

  (5) 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.

  (6) 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.

  (7) 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.

  (8) 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.

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

    (a) 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;

    (b) Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment;

    (c) Engage in disorderly conduct;

    (d) 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

    (e) Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property.

  (10) 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.

  (11) 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.

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

  (13) 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.

  (14) 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.

#### Regulation .10 Permits.

*COMAR 11.05.05.10*

A. 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.

B. In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations.

C. Procedures.

  (1) 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.

    (a) 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.

    (b) The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed.

  (2) The application for the permit shall include:

    (a) 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;

    (b) 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;

    (c) 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.;

    (d) 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;

    (e) The number of persons expected to participate; and

    (f) The signature of the applicant.

  (3) Application Review.

    (a) The WTC Manager shall review each application promptly.

    (b) If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant.

    (c) 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.

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

    (a) The information contained in the permit application is incomplete or contains material misrepresentations;

    (b) The applicant refuses to sign the permit;

    (c) The proposed activity interferes with a previously issued permit or scheduled event;

    (d) An emergency situation exists;

    (e) The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial;

    (f) The proposed activity interferes materially with the normal business activities of WTC tenants;

    (g) The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or

    (h) The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order.

  (5) 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.

D. A permit may be revoked at any time if the:

  (1) Terms or conditions of the permit are violated;

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

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

E. Appeal of Permit Decisions.

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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.

#### Regulation .11 Refusal to Leave WTC Property Upon Request.

*COMAR 11.05.05.11*

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.

#### Regulation .12 Penalties.

*COMAR 11.05.05.12*

A. 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.

B. 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.