Md. Code Regs. 14.25.03.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.25.03.04 - Permits

A. A group of ten or more persons desiring to engage in free speech activities on one or more of the Plazas shall first obtain a written permit from the Authority for the proposed activity.

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

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

D. Permitting Procedures.

(1) To obtain a permit, an applicant shall submit a written application to the Authority at least 3 working days before the date requested; provided, however, that if the request arises in response to an event announced less than 5 working days in advance thereof, the written application may be submitted 1 working day prior thereto.

(2) The application shall be on a form provided by the Authority. The form shall designate the location where it may be filed in person. The form may also designate alternative methods by which the application may be filed, such as a mailing address, facsimile number, email address, or website.

(3) The application for the permit shall include:

(a) The full name, mailing address, telephone number, and, if available, 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, if available, 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;

(d) A brief description of the proposed activity, including the method of communication (such as demonstration, distribution of literature, collection of petition signatures, or other activity);

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

(f) The signature of the applicant.

(4) The Director of Security Management shall review each application promptly. If the application is incomplete, the Director of Security Management shall make reasonable efforts to inform the applicant. If the application is complete, the Director of Security Management shall forward a copy thereof to the applicable Director of Facilities Management for review and comment.

(5) The Director of Security Management shall issue the permit unless the Director of Security Management specifically finds that:

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

(b) The proposed activity would substantially interfere with a scheduled event or another free speech activity for which a permit was previously issued;

(c) An emergency exists;

(d) The proposed activity would materially interfere with vehicular or pedestrian traffic, including viewing of any memorial on the Plazas;

(e) The proposed activity would materially interfere with the normal business activities of the Authority or the Authority's tenants;

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

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

E. The Director of Security Management may revoke a permit at any time if:

(1) The actual activity materially differs from the activity proposed in the application and a permit for the actual activity could have been denied;

(2) The activities or conduct of the permitted person or of the permitted group or any individual member of the group presents a clear and present danger to the public health, welfare, or public safety;

(3) The activities or conduct of the permitted person or of the permitted group or any individual member of the group violates any applicable law or regulation; or

(4) An emergency arises.

F. Appeal of Permit Decisions.

(1) Any person whose permit request is denied, whether in full or in part, or revoked may appeal the decision to the Executive Director by delivering a written appeal within 5 working days after the decision by the Director of Security Management. The appeal shall state the reasons why the appellant believes the denial or revocation of the permit was in error. The appeal shall also state a mailing address for the appellant and, if the appellant desires service thereby, a facsimile number, email address, or both.

(2) The Executive Director shall review the initial permit decision or revocation in light of the written appeal. Within 7 working days after receipt of such appeal, the Executive Director shall issue a written decision either affirming the denial or revocation or granting the permit as requested.

(3) The Executive Director's decision shall be sent via certified mail to the appellant at the address provided in the appeal, with a copy by fax, email, or both, if provided, and shall be effective upon such service.

(4) The Executive Director's decision shall constitute a final decision of the Authority and may be appealed to an appropriate court as provided by law

Md. Code Regs. 14.25.03.04

Regulations .04 amended effective 41:26 Md. R. 1570, eff.1/5/2015