Chapter 08. Use of State Museum Property
Regulation .01 General.LinkCopy Citation
A.
The Department of Planning, through the Division of Historical and Cultural Programs and units in the Division, administers several museums.
B.
The Maryland Historical Trust, for the State, administers Jefferson Patterson Park and Museum in Calvert County.
C.
The State museums of Maryland within the Department of Planning are managed to promote the coordinated use of their varied resources and values for the benefit of all people, for all time.
D.
Historic and cultural resource preservation and education, and natural environmental recreation, research, and outdoor education, are major museum benefits.
E.
Purpose.
(1)
To maintain the State museums in an orderly and productive condition and protect them from damage from fire, insects, disease, and improper use, each museum visitor shall observe these regulations and rules which govern the use of the State museums.
(2)
In order to conserve and enhance the State museums and their resources, and preserve the domestic tranquility, the following regulations shall be enforced.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Department of Planning, a principal department of the State government.
(2)
“Firearm” means any device capable of propelling a missile by gunpowder or similar explosive, including but not limited to, any gun, rifle, shotgun, handgun, pistol, or revolver.
(3)
“Law enforcement officer” means any commissioned officer employed or contracted by the State to manage and regulate use of State property.
(4)
“Museum director” means the person at a State museum assigned to oversee the day-to-day operations of the museum, or the museum director's designee.
(5)
State Museum.
(a)
“State museum” means any property operated as a museum by the Department or a unit within the Department.
(b)
“State museum” includes Jefferson Patterson Park and Museum in Calvert County.
(6)
“Vehicle” means any mode of transportation in, upon, or by which a person or property is or may be transported or drawn upon a waterway or highway and includes, but is not limited to, a boat, a trailer, an automobile, a truck, a bus, a moped, an animal, an animal-drawn vehicle, an all terrain vehicle, farm equipment, a service vehicle, motorized self-propelled equipment capable of transporting one or more persons, and an off-road vehicle, as defined by the Secretary of Natural Resources in COMAR 08.01.03.02.
(7)
Weapon.
(a)
“Weapon” means a device capable of:
(i)
Propelling a missile at high velocity by mechanical means, explosion, or expanding gas; or
(ii)
Inflicting death or bodily harm to an individual, maiming or destroying wildlife, or destroying property.
(b)
“Weapon” includes, but is not limited to, any firearm, crossbow, or longbow dirk knife, bowie knife, switchblade, sandclub, metal knuckles, razor, nunchaku, or animal trap or snare.
(c)
“Weapon” does not include a penknife without a switchblade.
Regulation .03 Hunting and Trapping.LinkCopy Citation
Hunting or trapping may not be permitted on State museum property except by permit issued by the museum director and subject to all applicable laws.
Regulation .04 Weapons.LinkCopy Citation
A.
A person, other than a duly authorized law enforcement officer, may not possess a weapon at a State museum except as provided in §B of this regulation.
B.
The museum director may approve an exception for an exhibition that in the museum director's judgment promotes the purposes of the museum.
Regulation .05 Fishing.LinkCopy Citation
Fishing in compliance with State Law is permitted on State museum property only in designated areas posted for fishing use.
Regulation .06 Closing Against Entry.LinkCopy Citation
A.
The museum director may determine hours for public visitation or use of a State museum, and shall publish and post a schedule of open hours.
B.
A person or vehicle may not enter or remain on lands or waters owned or managed by a State museum after the posted open hours without the express permission of the museum director.
C.
The museum director may elect to close certain areas of the museum to public entry and travel during periods of construction, maintenance, hazardous road conditions, forest operations, or high fire hazard, for protection of the environment or for another purpose determined by the museum director. Closed areas shall be clearly posted against public entry.
D.
A person or vehicle may not enter or remain on an area closed to public entry.
E.
Vehicles remaining on lands or waters after posted open hours or on areas closed to public entry may be removed and placed in storage at the owner's expense.
F.
This regulation does not apply to employees or contractors of the Department or the State on official business.
Regulation .07 Swimming.LinkCopy Citation
A.
A person may not bathe, wade, dive, scuba dive, snorkel, or swim in any waters of a State museum, except at designated areas and at the times and under the conditions posted.
B.
A person may not bathe, wade, dive, scuba dive, snorkel, or swim in any waters of a State museum, unless clothed in apparel proper to prevent indecent exposure of the person.
C.
A person may not dress or undress at a State museum except in restrooms, changing rooms, or bathhouses, or in permitted tents, campers, or camper trailers, and out of public view.
Regulation .08 Camping.LinkCopy Citation
A.
A person may establish a camp at a State museum only in areas designated for camping and only if the person first obtains express permission from the museum director.
B.
The use of the camp is limited to the place, number of persons, and period of time specified by the museum director.
Regulation .09 Private Watercraft.LinkCopy Citation
A.
General Prohibition. A person may not launch or use a rowboat, canoe, sailboat, or other privately owned vessel on a pond or other impoundment of water in a State museum, unless the person first obtains permission from the museum director.
B.
Motors. A vessel with a gasoline or electric engine may not be operated on any pond or other impoundment of water at a State museum except by Department or State employees or contractors in the performance of their duties, or with the permission of the museum director.
C.
Restricted Areas. Boats are prohibited in swimming and other designated areas.
D.
Swimming from Boat. A person may not swim or dive from a boat in any pond or impoundment of water at a State museum.
E.
Harbor of Refuge. The overnight storage of private watercraft at State museums is prohibited except in designated areas or when the watercraft is reasonably required to use State museum property as a harbor of refuge.
Regulation .10 Commercial Enterprises.LinkCopy Citation
At any State museum, a person may not sell, hire, or lease any merchandise or any boat or vehicle designed or used for the transportation of passengers or property, unless the person first obtains express permission from the museum director.
Regulation .11 Meetings, Exhibitions, Demonstrations, Ceremonies, and Special Events.LinkCopy Citation
A.
A person may not erect any structure, stand, or platform, or hold any meeting, exhibition, demonstration, ceremony, or special event at a State museum, unless the person first obtains express permission from the museum director.
B.
Request for permission shall be made at least 30 days in advance of the event.
C.
Users of State museum facilities may not charge admission to events or programs held at those facilities without express permission from the museum director.
Regulation .12 Fundraising.LinkCopy Citation
A State museum may not be used for revenue generation or private fundraising without express permission from the museum director.
Regulation .13 Amplifiers.LinkCopy Citation
A person may not use an amplifier, loudspeaker, public address system, or other similar equipment at a State museum, unless the person first obtains permission from the museum director.
Regulation .14 Fires.LinkCopy Citation
A.
A person may not kindle, build, maintain, or use a fire in any area of a State museum that is not designated for fires, unless the person first obtains permission from the museum director.
B.
Every fire shall be continuously under the care and direction of a competent person over 16 years old.
C.
Every fire shall be thoroughly extinguished after use.
D.
Permission for a fire may be revoked by the museum director with or without cause at any time.
Regulation .15 Advertising.LinkCopy Citation
A person may not erect or post any sign, notice, or literature at a State museum, unless the person first obtains express permission from the museum director.
Regulation .16 Lighted Cigars, Cigarettes, and Other Burning Objects.LinkCopy Citation
A person may not throw away or discard at a State museum any lighted match, cigar, cigarette, or other burning object except in containers provided by the museum for that purpose.
Regulation .17 Refuse and Rubbish; Glass and Metal Containers and Hazardous Objects.LinkCopy Citation
A.
A person may not deposit any garbage, sewage, waste, foodstuffs, paper, or other litter or obnoxious material at a State museum, except in containers provided by the museum for that purpose.
B.
A person may not possess a glass container, metal can, or other hazardous object in a swimming area or beach at a State museum.
C.
A person may not deposit in State museum containers garbage, sewage, waste, foodstuffs, paper, or any other litter or obnoxious material originating from a private residence, commercial business, or any other source outside of State museum property.
Regulation .18 Damage to Public Property.LinkCopy Citation
A person may not injure, deface, or vandalize any part of a State museum, including any building, sign, equipment, or other public property.
Regulation .19 Trees, Flowers, Plants, Minerals, and Wildlife.LinkCopy Citation
A.
Scope. Sections B and C of this regulation do not apply to Department or State employees or contractors in the performance of their duties.
B.
A person may not remove, damage, or destroy any flower, fern, shrub, or other plant, rock, mineral, or wildlife at a State museum without express permission from the museum director.
C.
A person may not cut down, remove, damage, or destroy any tree at a State museum without express permission from the museum director.
D.
A person may not feed, touch, or intentionally disturb wildlife at any State museum, without express permission from the museum director.
E.
A person may not tease or frighten wildlife at any State museum.
Regulation .20 Gambling and Intoxicants.LinkCopy Citation
A.
Betting, wagering, gambling, and fortune-telling, as defined by State law, are prohibited at State museums except with express permission from the museum director and subject to all applicable laws.
B.
Intoxicants.
(1)
A person may not buy, trade or exchange, consume, transport, or possess any alcoholic beverages at any State museum, except in designated areas or unless the person first obtains express permission from the museum director or authorized personnel and subject to all applicable laws.
(2)
A minor may not transport or possess any alcoholic beverages within a State museum.
(3)
The museum director may exclude any intoxicated person from museum property.
Regulation .21 Traffic and Parking.LinkCopy Citation
A.
The museum director shall regulate use of roads at the museum. The roads may be closed to traffic as the museum director determines necessary. Instructions from Department or State employees, contractors or volunteers, by gesture or otherwise, to reduce the speed of a vehicle, bring it to a stop, alter its direction, or remove it from a restricted area shall immediately be obeyed by the operator of the vehicle.
B.
The interior of every vehicle driven or parked at a State museum shall be fully open to view at all times.
C.
At State museums, on any road not under the jurisdiction of the State Highway Administration or the city or county in which the museum is located, a person may not:
(1)
Drive or park any vehicle within or upon a safety zone, walk, trail, or any other place not designated and customarily used for vehicular traffic;
(2)
Cause or permit a vehicle to stand anywhere outside of designated parking spaces, except for the time ordinarily required to receive or discharge passengers;
(3)
Cause or permit a vehicle to obstruct traffic by unnecessary stopping;
(4)
Drive a vehicle on a State museum road at a speed greater than that posted for the road in question;
(5)
Ride an animal or drive or park any animal-drawn vehicle in any area without express permission from the museum director;
(6)
Drive a vehicle on a State museum road in violation of traffic control devices;
(7)
Drive or operate any vehicle on museum property without a valid unrestricted driver's license; or
(8)
Violate any provision of Transportation Article, Titles 11—27, Annotated Code of Maryland.
D.
Violations.
(1)
A person that violates this regulation may be excluded or removed from museum property.
(2)
A vehicle that is in violation of this regulation may be removed from museum property, and placed in storage at the owner's expense.
Regulation .22 Fees and Charges.LinkCopy Citation
A person may not make use of, or gain admittance to, or attempt to make use of, or gain admittance to, any State museum for which there is a charge, unless the person first pays the charge.
Regulation .23 Agricultural Use.LinkCopy Citation
Except under written license or lease from a State museum, cultivation of any crop or grazing of cattle, horses, sheep, goats, or other domestic animals is not allowed at any State museum.
Regulation .24 Pets.LinkCopy Citation
A.
Cats, dogs, or pets of any kind, except service animals for the physically impaired, are not allowed in any buildings, on bathing beaches, or on other posted areas of any State museum at any time, except in areas posted as pet areas.
B.
In general, a cat, dog, or pet of any kind shall be on a leash with a maximum length of 10 feet while on State museum property. A pet that is determined by the museum director to be disruptive, dangerous, or potentially hazardous shall be removed by the owner.
C.
A pet that is not on a leash shall be removed by the owner or may be removed by a professional animal officer or handler at the expense of the owner.
D.
Except for service animals for the physically impaired, a pet may be restricted from any State museum property at the discretion of the museum director.
E.
Pets and animals that are part of a demonstration or public event may be allowed with the express permission of the museum director.
F.
Owners and handlers of animals are responsible for damage done by their animals and for removing fecal materials from museum property. Horseback riding is permitted only with express permission from the museum director.
Regulation .25 Relics, Treasures, and Metal Detectors.LinkCopy Citation
A.
A person may not dig in search of buried relics or treasure, remove any prehistoric or historic artifacts, or use a metal detector within the boundaries of a State museum unless the person first obtains a permit from the Maryland Historical Trust, and express permission from the museum director.
B.
The museum director may grant permission under §A of this regulation only to archaeologists and other qualified persons or institutions experienced in scientific research, who present a plan for scientific investigations, as provided by State Finance and Procurement Article, Title 5A, Subtitle 3, Part IV, Annotated Code of Maryland.
Regulation .26 Disorderly Conduct.LinkCopy Citation
A person may not act in a disorderly manner at a State museum by:
A.
Making loud and unseemly noises, or profanely cursing, swearing, or using obscene language;
B.
Indecently exposing their person, or performing any indecent act;
C.
Throwing objects to the annoyance of the public;
D.
Willfully interfering with, encumbering, obstructing, or rendering dangerous any public place;
E.
Engaging in, instigating, or encouraging a confrontation or fight;
F.
Assaulting a person;
G.
Operating a television, radio, phonograph, tape player, or other sound equipment, or playing any musical instrument, at a sound level annoying to other museum users; or
H.
Otherwise causing or engaging in a disturbance of the public peace.
Regulation .27 Lawful Order of Law Enforcement Officer.LinkCopy Citation
A person shall obey any lawful or reasonable order of a law enforcement officer in connection with the enforcement on museum property of these regulations, or any federal, State, or local law.
Regulation .28 Fireworks.LinkCopy Citation
A person may not possess or use fireworks or other explosive or combustible devices intended for the creation of a display of noise, light, or smoke at any State museum, except as permitted by State law and with express permission from the museum director.
Regulation .29 Use of Trails.LinkCopy Citation
Except in posted areas, an individual may not ride an animal, bicycle, or vehicle at a State museum.
Regulation .30 Equipment Use.LinkCopy Citation
A.
Special machinery or equipment, such as chain saws or other motorized equipment, may not be used at a State museum unless the person first obtains express permission from the museum director.
B.
All machinery or equipment powered by gasoline, diesel, or other combustible substances shall be equipped with a satisfactory spark arrestor so as not to create a fire hazard.
Regulation .31 Permissions Granted.LinkCopy Citation
A.
Permissions granted under this chapter may include reasonable conditions the museum director determines are necessary or desirable to promote the proper use of museum property and protection of museum visitors or museum property.
B.
The museum director may revoke granted permission for violation of any condition, or for the protection of public safety or museum property.
Regulation .32 Remotely Controlled Model Aircraft, Boats, and Vehicles.LinkCopy Citation
A.
The operation of remotely controlled or tethered motorized aircraft is not allowed on State museum property.
B.
Remotely controlled boats or other vehicles may not be operated on museum property except with express permission from the museum director.
Chapter annotations
Authority: State Finance and Procurement Article, §§5-203(b)(2), 5A-207(5), and 5A-318(b)(1) and (c)(7), Annotated Code of Maryland
History: Effective date: June 2, 2008 (35:11 Md. R. 1042)
History: Chapter recodified from COMAR 14.24.09 to COMAR 34.04.08
History: Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408)
History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 408)