Md. Code Regs. 11.05.07.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.05.07.04 - Prohibited Activities

A. A user, an employee or invitee of a user, or any other person may not:

(1) On port facilities or MPA property:

(a) Provide false information to gain access to a terminal or to cargo;

(b) Violate, interfere with, tamper with, or otherwise attempt to circumvent any security procedures of the MPA;

(c) Violate any State or federal statute or regulation; or

(d) Hunt or discharge firearms; or

(2) 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:

(a) Swim, dive, or wade;

(b) Fish or crab; or

(c) Engage in recreational boating.

B. 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:

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

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

(3) Dump personal trash, waste, or any other material;

(4) Possess weapons or firearms;

(5) Fish or crab;

(6) Swim or dive; or

(7) Operate, park, or store vehicles off-road.

C. 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.

D. 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:

(1) 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;

(2) MPA employees within the scope of their employment;

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

(4) 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

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

Md. Code Regs. 11.05.07.04

Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)