reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-822 - Appeals; Variances; Judicial Review; Intervention

(a)    Appeals to the Board of Airport Zoning Appeals may be taken in the manner set forth in § 5–814 of this subtitle by any aggrieved person or by any officer or agency of a political subdivision affected by the decision of the Administration.
(b)    The Board of Airport Zoning Appeals may grant variances for State–owned airports in the manner set forth in § 5–815 of this subtitle.
(c)    The Board of Airport Zoning Appeals shall condition any variance prerequisite to the grant of a permit required by § 5–821 of this subtitle so as to require the applicant to:
(1)    Construct the proposed structure so as to comply with all applicable noise insulation regulations promulgated by the Administration; and
(2)    Grant to the Administration an avigation easement as defined by § 5–1201(d) of this title, such easement including a provision relinquishing any right to receive remuneration or other compensation or benefit under any program of this State designed to allay, abate, or compensate for the effects of aircraft noise and emissions in connection with the operation of Baltimore–Washington International Thurgood Marshall Airport.
(d)    After consultation with the Board of Airport Zoning Appeals and affected local governments, the Administration shall adopt regulations to further the intent of this section and to meet the sound insulation goals set forth in § 5–815(a) of this subtitle.
(e)    Any aggrieved person or any officer or agency of an affected political subdivision may appeal from a decision of the Board of Airport Zoning Appeals in the manner set forth in § 5–816 of this subtitle.
(f)    Upon timely application, an affected political subdivision may intervene in any appeal taken under this subtitle to the Board of Airport Zoning Appeals or to a court of competent jurisdiction.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-823 - Acquisition and Disposition of Property

(a)    The Executive Director may acquire, by purchase or condemnation, any property for noise compatibility purposes in any noise zone surrounding a State-owned airport.
(b)    Any property acquired under subsection (a) of this section may be resold, with or without deed restrictions, or leased, wholly or partly. However, if the disposition of an interest in real property is for a nonairport related use, it shall be made in accordance with plans of the political subdivision in which the property is located.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 8 - Noise Zone Regulations › Part IV - State-Owned Airports › Section 5-824 - Restriction on Use of Residential Property

(a)    If the State purchases real property within the noise zone of Baltimore-Washington International Thurgood Marshall Airport for noise mitigation purposes with federal, State, or local funds, the Administration may not use the real property to construct or extend any terminal, fuel farm, runway, or taxiway.
(b)    This section does not preclude the Administration from purchasing real property for noise mitigation purposes or for projects to promote the public safety as it is affected by existing or future airport operations and facilities.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 9 - Licensing of Air Schools › Section 5-901 - "Air School" Defined

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Air school” means, except as provided in subsection (c) of this section, any person who, whether or not for compensation, gives or offers to give instruction in flying or in ground subjects relating to aeronautics.
(c)    “Air school” does not include:
(1)    Any public school or other noncollegiate educational institution approved by the State Board of Education; or
(2)    Any college, university, or other institution of postsecondary education approved by the Maryland Higher Education Commission.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 9 - Licensing of Air Schools › Section 5-903 - License Required

(a)    If the Administration provides for the licensing of air schools, a person may not operate an air school unless the person has an air school license as required by the rules and regulations of the Administration.
(b)    A person may not give instruction in flying for compensation unless he is an authorized flight instructor under federal law.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 9 - Licensing of Air Schools › Section 5-904 - Issuance of License; Fees

(a)    Except as provided in subsection (b) of this section and in § 5-905 of this subtitle, the Administration:
(1)    Shall issue any air school license that it requires, if the air school is in compliance with the rules and regulations of the Administration; and
(2)    May charge an annual license fee of not more than $25.
(b)    On application and, except for the considerations expressly listed in § 5-905(b) of this subtitle, without further requirement, the Administration shall issue any license required by it, at an annual fee of $1, to each air school that has been issued an appropriate federally approved air school certificate or rating.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 9 - Licensing of Air Schools › Section 5-905 - Suspension, Revocation, or Refusal to Issue License

(a)    After notice and opportunity for hearing, the Administration may suspend, revoke, or refuse to issue an air school license if it reasonably determines that the air school is unqualified.
(b)    In determining whether a license should be suspended, revoked, or refused, the Administration shall be governed by the standards required by § 5-208 of this title and, among other things, shall consider:
(1)    Whether the air school has violated any law of this State or of the United States relating to aeronautics; and
(2)    Whether any instructor of the air school:
(i)    Is addicted to the use of narcotics or other habit forming drugs;
(ii)    Is addicted to the excessive use of alcoholic beverages;
(iii)    Has made a material false statement in connection with an application to the Administration under this subtitle; or
(iv)    Has been guilty of conduct dangerous to the public safety or to the safety of those engaged in aeronautics.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1001 - Lawfulness of Operation

(a)    There is a public right to freedom of transit in air commerce through the airspace of this State.
(b)    The operation of aircraft over the lands and waters of this State is lawful, unless the operation is:
(1)    At so low an altitude as to interfere with any lawful existing use of the land or water or the space above the land or water; or
(2)    Conducted in a manner imminently dangerous to persons or property on the land or water.
(c)    (1)    Except for a forced or emergency landing, a person may not land an aircraft on the lands or waters of any other person without the consent of that other person.
(2)    For damages caused by a forced or emergency landing, a person is liable as set forth in § 5-1005 of this subtitle.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1002 - Liability Insurance

(a)    (1)    For purposes of this subsection, “operate” shall include any use of the aircraft which involves remuneration to the owner, including but not limited to leasing, rental, and use for instructional purposes.
(2)    The owner of any aircraft based or hangared in this State may not operate that aircraft unless there is a liability insurance policy in force on the aircraft which covers the owner and the pilot for claims by passengers or other persons for any injuries to them or their property that might arise out of the operation of the aircraft.
(b)    The liability insurance shall provide coverage for at least:
(1)    $50,000 bodily injury per individual;
(2)    $100,000 bodily injury per accident; and
(3)    $50,000 property damage protection.
(c)    All airport operators in this State shall maintain a roster of aircraft based or hangared at the facility. This roster shall include for each aircraft:
(1)    The “N” number, type, and model of the aircraft;
(2)    The name and address of the owner or operator of the aircraft, and the period of time the aircraft has been based or hangared at the facility;
(3)    The liability insurance policy or binder number;
(4)    The name of the insurance company shown on the policy; and
(5)    The name of the insurance producer.
(d)    The Administration, at the time of annual on–site airport inspection and licensing of public use airports in this State, shall have access to liability insurance policy information to determine compliance with subsection (b) of this section.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1005 - Injuries to Person or Property; Lien for Damage

(a)    The owner and lessee of an aircraft operated above the lands and waters of this State are each prima facie liable, jointly and severally, for any injury to persons or property on the land or water beneath them that is caused by the operation of the aircraft or by the falling of any object from the aircraft, unless:
(1)    The injury is caused in whole or in part by the negligence of the injured person or of the owner or bailee of the injured property; or
(2)    At the time of the injury, the aircraft is being used without consent of the owner or the lessee, as the case may be.
(b)    The presumption of liability on the part of the owner or lessee may be rebutted by proof that the injury was not caused by negligence on the part of:
(1)    The owner or the lessee, as the case may be;
(2)    Any person operating the aircraft with the permission of the owner or lessee; or
(3)    Any person maintaining or repairing the aircraft with the permission of the owner or lessee.
(c)    A person who is not the owner or lessee of the aircraft is liable only for the consequences of his own negligence.
(d)    (1)    The injured person or the owner or bailee of the injured property has a lien on the aircraft to the extent of the damage caused by the aircraft or the object falling from it, if he registers and records with the Administration a sworn notice of the lien within 30 days from the date of the injury. The notice of lien shall set forth in detail the injury or damage sustained by him or his property.
(2)    A notice of a lien not so recorded is void against subsequent good faith purchasers and mortgagees without actual notice. The lien terminates on rebuttal of the prima facie liability by the owner or lessee of the aircraft.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1006 - Reckless Operation of Aircraft

(a)    A person may not operate any aircraft in this State:
(1)    While under the influence of any intoxicating liquor, narcotic, or other habit forming drug; or
(2)    In a careless or reckless manner that endangers the life or property of another.
(b)    In determining whether there has been careless or reckless operation of aircraft, the standards required by federal law governing aeronautics for safe operation of aircraft shall be considered.
(c)    (1)    In addition to or instead of the penalties provided for in Subtitle 11 of this title or as a condition to the suspension of a sentence imposed under that subtitle, the court may prohibit any person who violates a provision of this section from operating an aircraft in this State for any period of not more than 1 year.
(2)    Violation of an imposed prohibition of a court under this subsection may be treated as a separate offense under this section or as a contempt of court.
(d)    This section does not authorize the court or any other agency or person to take away, impound, hold, or mark any federal certificate, permit, rating, or license.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1007 - Minimum Altitude of Certain Aircraft Over Sporting Arenas in Baltimore City

(a)    A person may not operate an aircraft towing an advertisement for promotional purposes in violation of applicable federal aviation regulations that relate to altitude or horizontal radius over any public or private sporting arena in Baltimore City.
(b)    Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 10 - Operation of Aircraft › Section 5-1008 - Firearms or Explosives Aboard Aircraft

(a)    Except as specifically authorized by State or federal law, a person may not be aboard, board, or attempt to board any aircraft engaged in certificated air commerce services with any firearm or explosive on or about his person, whether openly or concealed.
(b)    Any person who violates any provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 11 - Enforcement and Penalties › Section 5-1101 - Exchange of Information

(a)    The Administration may:
(1)    Report to the appropriate federal agencies and agencies of other states:
(i)    All proceedings instituted for an alleged violation of §§ 5-1002 and 5-1006 of this title; and
(ii)    All penalties imposed on the owners or operators of aircraft or other persons for violations of the aeronautics laws of this State or violations of any rule, regulation, or order of the Administration;
(2)    Receive reports of penalties and other information from these agencies; and
(3)    If necessary, contract with these agencies for the delivery, receipt, exchange, and use of reports and information.
(b)    The Administration may make the reports and information of the federal agencies, the agencies of other states, and the courts of this State, available to any court of this State or to any State or local officer of this State who is authorized to enforce the aeronautics laws of this State.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 11 - Enforcement and Penalties › Section 5-1104 - Citation to Appear in Court

(a)    If a person is apprehended by a police officer for the violation of any provision of this title that is punishable as a misdemeanor or for the violation of any rule, regulation, or order adopted under this title that is punishable as a misdemeanor, the officer shall prepare and sign a written citation.
(b)    The citation shall contain:
(1)    A notice to the person charged to appear in court;
(2)    The name and address of the person charged;
(3)    The State registration number of any aircraft involved in the offense;
(4)    The offense charged;
(5)    The time and place the person charged is required to appear in court;
(6)    A form for the written promise of the person charged to appear in court; and
(7)    Any other necessary information.
(c)    The person charged may give his written promise to appear in court by signing the form for written promise on the citation prepared by the police officer. In this event, the officer need not take the person into physical custody for the violation unless:
(1)    The person charged does not furnish satisfactory evidence of identity; or
(2)    The officer has reasonable grounds to believe the person charged will disregard a written promise to appear.
(d)    (1)    Regardless of the disposition of the charge for which the citation was issued, a person may not violate his written promise to appear given on the issuance of a citation.
(2)    A written promise to appear in court may be complied with by an appearance by counsel.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 11 - Enforcement and Penalties › Section 5-1105 - Penalty

(a)    Except as otherwise provided in this title, any person who violates any provision of this title or of any rule, regulation, or order adopted or issued under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
(b)    In Carroll County or Baltimore County, a person who violates the provisions of § 5-705.1 of this title is subject to a fine of $100,000 for each violation and each month that a violation continues.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 12 - Airport Noise Assistance Programs › Section 5-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Airport” means Baltimore–Washington International Thurgood Marshall Airport.
(c)    “Annual day–night (average) sound level” means the annual average aircraft noise level occurring during a 24–hour period, the calculation of which includes the addition of a 10 decibel penalty to noises occurring between 10 p.m. and 7 a.m. daily.
(d)    “Avigation easement” means a written privilege granted by a homeowner related to aircraft overflight, noise, and associated effects which may arise in the ordinary operation of the airport.
(e)    “Board” means the Board of Airport Zoning Appeals established under Subtitle 5 of this title.
(f)    “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24–hour period, using the annual day–night (average) sound level (LDN) methodology.
(g)    “Homeowner” means an owner of residentially used real property situated within the airport noise zone.
(h)    “Noise zone” means an area of land surrounding the airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director, under Subtitle 8 of this title.
(i)    “School” means a public or privately operated elementary, secondary, postsecondary, or noncollegiate institution, with facilities in use on or before April 1, 1987, which is:
(1)    Located within the airport noise zone; and
(2)    Certified or accredited by the State Board of Education.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 12 - Airport Noise Assistance Programs › Section 5-1202 - Legislative Findings

(a)    The General Assembly finds, based on State and federal standards associating various cumulative noise exposure levels with compatible land uses, that there are approximately 1,200 housing units and at least one public and one private school within the current airport noise zone that are exposed to noise levels deemed either undesirable or unacceptable for residential or educational use.
(b)    The General Assembly further finds that, in the interest of public health, safety, and welfare, the Administration should be authorized to develop and implement noise assistance programs to address incompatible land uses surrounding the airport.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 12 - Airport Noise Assistance Programs › Section 5-1203 - Voluntary Land Acquisition Program

(a)    Subject to the provisions of this subtitle, the Administration shall establish a voluntary land acquisition program under which it shall purchase residentially occupied real property subject to a cumulative noise exposure of 70 LDN or greater, as identified by the most recently adopted airport noise zone, if the owner of the real property volunteers to sell the real property to the Administration.
(b)    Local governments are encouraged, in the exercise of their police powers, to cooperate with Administration efforts to create a land use buffer zone composed of noise compatible commercial, industrial, and other nonresidential uses in areas contiguous to the airport.
(c)    The Secretary is directed to request full funding for the program as part of the 1989 fiscal year budget and subsequent departmental budget requests.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 12 - Airport Noise Assistance Programs › Section 5-1204 - Homeowners Assistance Pilot Program -- in General

(a)    (1)    Subject to the provisions of this subtitle, the Administration shall establish a homeowners assistance pilot program for existing residentially occupied real property in those communities and neighborhoods identified by the Administration as being situated entirely or in part within the 65 LDN noise contour as established by the most recently adopted airport noise zone.
(2)    The pilot program established under this subsection shall provide at least 2 homeowner assistance options including:
(i)    An option enabling homeowners to sell their real property, with the Administration assuring the resale value of the property; and
(ii)    An option enabling homeowners who occupy single-family housing or rent such property for residential use to receive financial assistance from the Administration for noise-attenuating improvements which may include weather stripping, caulking, window glazing, augmentation of wall, door, ceiling, and attic insulation, and installation of forced air ventilation or other types of air conditioning systems.
(3)    The Administration shall select at least 40 residential properties situated within the airport noise zone to participate in the pilot program, including at least 20 properties in each of the program options described in paragraph (2) of this subsection.
(b)    (1)    Before conveying a fee interest in residential real property to a third party, a homeowner participating in the pilot program option described in subsection (a)(2)(i) of this section shall grant to the Administration an avigation easement.
(2)    A homeowner participating in the pilot program option described in subsection (a)(2)(ii) of this section shall grant to the Administration an avigation easement.
(c)    The Administration shall:
(1)    Implement the homeowners assistance pilot program in fiscal year 1988;
(2)    Submit to the 1988 Session of the General Assembly, in accordance with § 2-1257 of the State Government Article, a report on the results of the program, including a study of the feasibility of making noise-attenuating improvements to schools; and
(3)    Make recommendations as part of the Department’s fiscal year 1989 budget request for the continued funding of the program.
2023 Maryland Statutes › Transportation › Title 5 - Aviation › Subtitle 12 - Airport Noise Assistance Programs › Section 5-1205 - Homeowners Assistance Pilot Program -- Property Ineligible for Participation; Moratorium on Grant of Variances Under Subtitle 8 for Certain Property

(a)    No real property for which a specific variance has been granted by the Board under Subtitle 8 of this title, or that is encumbered by an avigation easement granted to the Administration, may be selected for participation in the pilot program established by § 5-1204 of this subtitle.
(b)    The Board may not grant any variance under Subtitle 8 of this title from noise zone regulations for any proposed residential or educational use of real property during the period that the pilot program established by § 5-1204 of this subtitle is in operation.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 1 - Definitions; General Provisions › Section 6-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Administration” means the Maryland Port Administration.
(c)    “Commission” means the Maryland Port Commission.
(d)    “Executive Director” means the Executive Director of the Maryland Port Administration.
(e)    “Port facility” includes any one or more or combination of:
(1)    Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the operation of a port;
(2)    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;
(3)    Every kind of transportation facility useful or designed for use in connection with any of these; and
(4)    An international trade center constituting a facility of commerce and consisting of one or more buildings, structures, improvements, and areas that the Department considers necessary, convenient, or desirable for the centralized accommodation of functions, activities, and services for or incidental to the transportation of persons by water, the exchange, buying, selling, and transportation of commodities and other property in international and national waterborne trade and commerce, the promotion and protection of this trade and commerce, and governmental services related to them and other federal, state, and municipal agencies and services, including foreign trade zones, offices, marketing and exhibition facilities, terminal and transportation facilities, customhouses, custom stores, inspection and appraisal facilities, parking areas, commodity and security exchanges, and, in the case of buildings, structures, improvements, and areas in which such accommodation is afforded, all the buildings, structures, improvements, and areas, although other parts of the buildings, structures, improvements, and areas might not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Department in connection with the international trade center and although other parts of the buildings, structures, improvements, and areas might be rented or leased for the use or occupancy of departments, bureaus, units, or agencies of the United States, this State, or any political subdivision of this State.
(f)    “Project” means any port facility acquired, constructed, controlled, or operated by the Administration, including all property acquired for the construction or operation of the port facility.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 1 - Definitions; General Provisions › Section 6-102 - Legislative Policy

(a)    The General Assembly of Maryland makes the following declarations of its intent in the enactment of this title.
(b)    The ports and harbors of this State are assets of value to the entire State. The residents of all parts of this State benefit directly from the waterborne commerce that they attract and service. Any improvement to these ports and harbors that increases their export and import commerce will benefit the people of the entire State.
(c)    (1)    The purpose of this title is to increase the waterborne commerce of the ports in this State and, by doing so, benefit the people of this State.
(2)    Commerce may be attracted to these areas by:
(i)    Developing existing facilities to provide quicker, cheaper, and better handling of cargoes; and
(ii)    Effectively advertising and promoting the facilities and the use of the several port areas.
(d)    (1)    Since existing port and terminal facilities of Baltimore and other port areas have been provided mostly by private enterprise, the General Assembly seeks primarily to improve the facilities and strengthen the workings of the private operators.
(2)    However, the private operators in the port areas have a public responsibility to provide modern port and harbor facilities suited to the needs of the public that they serve. Therefore, the Administration should have power to obtain information about the rates and practices of private operators, and, while it should assist and encourage the extension and improvement of privately operated port facilities, it also should have the power, if private facilities are inadequate or inadequately operated at any time, to construct and, if necessary, to operate any supplementary public facilities that it considers to be required in the public interest.
(e)    The development of ports able to attract increasing amounts of waterborne commerce will require the construction of additional modern facilities and installations. A public port authority, using public funds, will be able to construct and, if necessary, operate these facilities and installations if the immediate financial returns are not sufficient to attract private capital.
(f)    In order to meet increased competition from other states’ ports that are operated with public funds either directly as state agencies or indirectly as private operating companies, the Administration should have the authority, subject to approval of the Commission, to operate public port facilities either directly or indirectly in the form and manner that the Commission deems necessary.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 1 - Definitions; General Provisions › Section 6-103 - Territorial Jurisdiction

(a)    Except as otherwise provided in this title, the Administration has jurisdiction and may exercise its powers and duties in or near any of the navigable waters of this State or at inland properties or facilities acquired, leased, or operated by the Administration for the transport or storage of cargo and equipment.
(b)    The Administration does not have any jurisdiction in Queen Anne’s County.
(c)    (1)    The Administration has jurisdiction in Calvert County, Charles County, or St. Mary’s County only after the county government and its legislative delegation give consent to this jurisdiction.
(2)    The required consent may be given only after sufficient public hearings and public notice.
(3)    The county government of the county for which consent is requested shall give public notice of the hearings:
(i)    By publication once a week for 2 successive weeks before the hearing in a newspaper published in those counties that may be directly affected by granting the requested consent; or
(ii)    In any other manner that the county government requires.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-201.1 - Commission -- Chairman's Powers and Duties

(a)    All actions of the Commission which, in the judgment of the Chairman, impact upon the Transportation Trust Fund are subject to the approval of the Chairman.
(b)    The Chairman of the Commission shall:
(1)    Subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and
(2)    Approve the Administration’s budget before its submission to the General Assembly as part of the Governor’s proposed budget.
(c)    The Chairman of the Commission may:
(1)    Remove the Executive Director of the Administration; and
(2)    While acting as Secretary of the Department, provide the Commission and the Administration with the personnel of the Department that the Secretary considers necessary to carry out the provisions of this title.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-203 - Executive Director

(a)    The head of the Administration is the Executive Director.
(b)    (1)    The Executive Director shall report directly to the Commission.
(2)    Subject to the authority of the Commission, the Executive Director is responsible for carrying out:
(i)    The powers and duties vested by law in the Administration; and
(ii)    The regulations adopted by the Commission.
(3)    The Executive Director is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-204.1 - Labor Relations

The Administration, or with the approval of the Administration, a private operating company created under § 6-204(q) of this subtitle may:
(1)    Upon its own terms and conditions determine an appropriate operational unit of employees involved in the operation of port facilities for purposes of collective bargaining;
(2)    Upon its own terms and conditions accredit and recognize a labor organization as the exclusive representative of a majority of employees employed in the appropriate operational unit as determined under item (1) of this section; and
(3)    Bargain with and enter into written collective bargaining agreements concerning wages or salaries, hours, benefits, and working conditions with the labor organization accredited and recognized under item (2) of this section.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-205 - Operation and Maintenance of Port Facility at Cambridge

Under the authority granted by § 6-204(i) of this subtitle, the Maryland Port Administration may operate and maintain the port facility presently under its jurisdiction at Cambridge, Maryland. The operation and maintenance may include the leasing of the facility. The Maryland Port Administration may expend the necessary funds for the development of the port facility at Cambridge. The Administration may sell, transfer, or otherwise dispose of the facility in accordance with § 10-305 of the State Finance and Procurement Article.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-207 - Disposal of Waste Matter in Baltimore Harbor Area

(a)    The Administration may establish and maintain facilities in the Baltimore harbor area to dispose of waste matter, other than oil, collected from commercial vessels under the applicable provisions of Title 8 of the Natural Resources Article.
(b)    The Administration shall make a reasonable charge for the use and service of this facility.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-209 - Gaming Aboard a Passenger Cruise Vessel

(a)    The Administration may permit gaming aboard a passenger cruise vessel if:
(1)    The vessel has overnight cabin accommodations for at least 300 passengers;
(2)    The vessel is operated by an authorized cruise ship operator certified under the International Convention for the Safety of Life at Sea (SOLAS); and
(3)    The owner or operator of the vessel has obtained the required authorization as provided in this section.
(b)    (1)    The owner, operator, or any franchise holder of a cruise vessel described in subsection (a) of this section may apply to the Administration for authorization to conduct gaming aboard the vessel.
(2)    An application for authorization under this subsection shall include the following information:
(i)    The applicant’s corporate name, address, and place of incorporation;
(ii)    The name of the applicant’s liability insurer;
(iii)    The gaming rules to be in effect while the vessel is in the waters of the State; and
(iv)    A schedule of all cruise operations for which authorization is requested, including arrival and departure dates and the identification of the vessel for each cruise.
(3)    In addition to the information required under paragraph (2) of this subsection, the applicant shall send a complete copy of the application to the Department of State Police.
(c)    (1)    An authorization issued by the Administration to a qualified applicant under this section shall remain valid for a period of not more than 1 year.
(2)    An authorization issued under this section authorizes gaming on the waters of the State only while the vessel:
(i)    Is underway;
(ii)    Is east of the Francis Scott Key Bridge; and
(iii)    Is operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.
(3)    The Administration may not issue an authorization under this section for a vessel on an excursion undertaken solely for gaming purposes even though the vessel may leave the territorial waters of the United States during the excursion.
(d)    Any legal disputes arising from an authorization issued under this section shall be adjudicated under the applicable State or international maritime law.
(e)    A violation of any provision of this section or of any other applicable gaming law of the State:
(1)    Shall be investigated jointly by the Administration and the Department of State Police; and
(2)    In addition to any other penalties provided by law, may result in the withdrawal of an authorization issued under this section after the affected party has been granted an opportunity for a hearing.
(f)    The Administration may adopt regulations as necessary to carry out the provisions of this section.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-211 - Control of Motor Vehicles at Port Facilities

(a)    The Commission may adopt and enforce regulations for the parking and operation of motor vehicles in and on its port facilities.
(b)    The regulations shall:
(1)    Be reasonably necessary for the safety of persons and property or for the efficient operation of the port facilities;
(2)    Provide for a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with the “Uniform System for Parking for Persons with Disabilities” (23 C.F.R. Part 1235) and the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and
(3)    Include procedures for the voluntary payment of fines directly to the Administration in uncontested parking cases.
(c)    The Maryland Transportation Authority Police Force may issue citations for violations of the motor vehicle regulations adopted under this section.
(d)    (1)    Any person who violates a parking regulation adopted under this section is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor.
(2)    Any person who violates any other regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-212 - Conflicts of Interest Prohibited

(a)    An agent or employee of the Administration or member of the Commission may not:
(1)    Contract with the Administration;
(2)    Have any direct or indirect interest in a contract with the Administration; or
(3)    Have any direct or indirect interest in the sale or purchase by the Administration of any property.
(b)    An agent, employee, member, or officer of a local port authority or local port commission may not:
(1)    Contract with the authority or commission;
(2)    Have any direct or indirect interest in a contract with the authority or commission;
(3)    Have any direct or indirect interest in a company that does business with the authority or commission; or
(4)    Have any direct or indirect interest in the sale or purchase by the authority or commission of any property.
(c)    Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 2 - Maryland Port Commission and Maryland Port Administration › Section 6-213 - Continuation and Change of Resolutions, Rules, Regulations, Forms, Orders, and Directives; References to Maryland Port Authority

Except as provided in § 3-102 of this article:
(1)    Every resolution, rule, regulation, form, order, and directive adopted by or relating to the former Maryland Port Authority remains in effect until changed by the Administrator or the Secretary; and
(2)    Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the Maryland Port Authority means the Maryland Port Administration.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-301 - Acquisition of Property by Purchase or Condemnation

(a)    Subject to the provisions of this subtitle, the Administration may acquire in its own name, by purchase or by condemnation, any property, including any public land, land lying under water, or riparian right, necessary or convenient to construct or operate any project.
(b)    (1)    Any condemnation proceedings under this section shall be conducted under Title 12 of the Real Property Article.
(2)    The Administration may not condemn any property unless the property is located entirely within the territorial jurisdiction of the Administration.
(3)    The Administration may not condemn any property that belongs to a public service company subject to Division I of the Public Utilities Article, if the property is:
(i)    Devoted to public use; or
(ii)    Reasonably necessary for future public use by the public service company.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-302 - Power of State and Political Subdivisions to Transfer Property to Administration

Notwithstanding any contrary provision of law, this State, its agencies, and its political subdivisions may lease, lend, grant, or otherwise convey to the Administration, at its request, any property, including property devoted to public use, that is necessary or convenient for the purposes of the Administration.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-303 - Consent Required for Acquisition -- State-Owned Property

(a)    The Administration may not acquire by purchase or condemnation any property owned by this State or any of its agencies without the prior approval of the Board of Public Works.
(b)    Subject to prior approval of the Board of Public Works, the Administration may use any land owned by this State, including land lying under water, that the Administration considers necessary or convenient to construct or operate any project.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-304 - Consent Required for Acquisition -- Approval of Political Subdivision

(a)    The Administration may not acquire by purchase or condemnation any property located in any political subdivision of this State without the prior approval of the political subdivision, as provided for in this section.
(b)    Approval required by this section shall be obtained as follows:
(1)    If the property is located in a county other than Baltimore City and not in any municipal corporation, from the county;
(2)    If the property is located in a municipal corporation within any county, both from the mayor and council, by whatever name known, of the municipal corporation and from the county; and
(3)    If the property is located in Baltimore City, from the Board of Estimates of Baltimore City.
(c)    If the Administration makes a written request for approval of the appropriate body, the approval required by this section is deemed to be given unless the Administration is notified in writing to the contrary within 90 days after it makes the request.
(d)    This section does not affect the right of the Administration to acquire an option or institute any condemnation proceedings for later acquisition of the property once the approval required by this section is obtained.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-306 - Right of Entry to Make Surveys and Examinations

(a)    The Administration and its authorized agents and employees may enter on any lands, waters, and other property in this State to make any surveys, soundings, drillings, and examinations that it considers necessary for the purposes of this title.
(b)    An entry made under this section is not a trespass and may not be considered an entry under any pending condemnation proceeding.
(c)    The Administration shall pay for any actual damages to the land, waters, or other property that result from an entry made under this section.
2023 Maryland Statutes › Transportation › Title 6 - Ports › Subtitle 3 - Acquisition and Operation of Port Facilities › Section 6-307 - Power of Political Subdivision to Construct, Acquire, Operate, or Improve Port Facilities

(a)    For purposes of this section, the territorial jurisdiction of the Administration is not limited by § 6–103 of this title or any other provision of this title and extends to and includes the area within any political subdivision in this State.
(b)    (1)    Any political subdivision in this State may apply to the Administration, by ordinance or resolution, for the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision.
(2)    If the Administration finds that the proposal furthers the purposes of this title, it may approve the application.
(c)    (1)    If the Administration approves the application, the political subdivision that applied may contract with the Administration for the construction, acquisition, extension, enlargement, or improvement of these port facilities.
(2)    Under the contract, the political subdivision may incur indebtedness to the Administration in an amount not exceeding $1 million at any one time.
(3)    The contract by which the indebtedness is incurred shall require that:
(i)    All project costs of the port facilities be set out in an account to be known as the investment account; and
(ii)    The share of the costs assumed by the political subdivision under the contract be repaid within not more than 40 years.
(d)    For purposes of this section, a political subdivision, through its governing body, may:
(1)    Participate with the Administration in the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision; and
(2)    Participate by contract with the Administration in the operation and maintenance of these port facilities.
(e)    (1)    A county and any municipal corporation in the county jointly may participate with the Administration, by agreement confirmed by resolution or ordinance, in carrying out any of the purposes of this section.
(2)    If there is joint participation under this subsection by a county and a municipal corporation, the loan limitation imposed by subsection (c)(2) of this section is increased to $2 million, and the respective liabilities of the county and the municipal corporation shall be determined by agreement between them.