PART 3—CONDUCT OF PERSONS AND TRAFFIC ON THE NATIONAL INSTITUTES OF HEALTH FEDERAL ENCLAVE Authority: 40 U.S.C. 318-318d. 486; Delegation of Authority, 33 FR 604. Source: 55 FR 2068, Jan. 22, 1990, unless otherwise noted. Subpart A—General § 3.1 Definitions. Director Enclave Police officer [55 FR 2068, Jan. 22, 1990, as amended at 85 FR 72910, Nov. 16, 2020] § 3.2 Applicability. (a) The regulations in this part apply to all areas in the enclave and to all persons on or within the enclave, except as otherwise provided. (b) The regulations in this part do not apply to occupants, their visitors, and other authorized persons in areas used as living quarters: (1) When specifically made inapplicable, and (2) In the case of the following provisions: § 3.24 Parking permits; § 3.25 Servicing of vehicles; § 3.42 Hobbies and sports; and § 3.42(f) Smoking. (c) All regulations in this part are in addition to the provisions in the United States Code, including title 18 relating to crimes and criminal procedure, and title 21 relating to food and drugs, which apply: (1) Without regard to the place of the offense, or (2) To areas (such as the enclave) subject to the “special maritime and territorial jurisdiction of the United States,” as defined in Title 18 United States Code section 7. (d) In accordance with the Assimilative Crimes Act (18 U.S.C. 13), whoever is found guilty of an offense which, although not made punishable by any act of Congress, nor any provision of these regulations, would be punishable if committed within the State of Maryland, shall be guilty of a like offense and subject to a like punishment. In the event of an irreconcilable conflict between a provision of this part and a Maryland statute governing the identical subject matter, this part shall control. (e) Federal criminal statutes which apply. Subject U.S. Code Provides generally Maximum penalty 1. By force or threat of force, willful injury, intimidation or interference with, or attempts to injure, intimidate or interfere with, a person from participating in or enjoying any benefit, service, privilege, program, facility, or activity, provided by or administered by the U.S., and engaging in certain other Federal protected activities 18 U.S.C. 245 Prohibits Not involving death or bodily injury: Imprisonment one year and/or $1,000 fine. 2. Malicious destruction or damage, by an explosive, to a building or other property owned, possessed, used, or leased by the U.S., U.S. agency, or any organization receiving Federal financial assistance 18 U.S.C. 844(f) Prohibits First offense not involving death or personal injury: Imprisonment 10 years and/or $10,000 fine and seizure and forfeiture of explosive materials. 3. Possession of explosive in buildings owned, possessed, used, or leased by U.S. or U.S. agency 18 U.S.C. 844(g) Prohibits, except with written consent of the agency Imprisonment one year and/or $1,000 fine and seizure and forfeiture of explosive materials. 4. Use of or carrying an explosive to commit, or during commission of, a felony prosecutable in a U.S. court 18 U.S.C. 844(h) Prohibits First offense: Imprisonment 10 years and seizure and forfeiture of explosive materials. 5. Use of or carrying a firearm during and in relation to any crime of violence prosecutable in a U.S. court 18 U.S.C. 924(c) Prohibits First offense: Imprisonment 5 years and $5,000 fine and seizure and forfeiture of firearm and ammunition. 6. Manufacture, distribution, dispensing, or possession with intent to do these acts, of narcotics and other controlled substances and counterfeit substances 21 U.S.C. 841, 842, 843, 845 Prohibits, except as authorized by the Controlled Substances Act (generally 21 U.S.C. 801-904) First offense: Imprisonment 20 years and/or $250,000 fine depending on the amount and kind of substance (twice the above penalties for distribution by a person at least 18 years of age to one under age 21). 7. Simple possession of narcotics or other controlled substances 21 U.S.C. 844 Prohibits, unless substance obtained directly, or pursuant to prescription or order, from a practitioner, acting in the course of professional practice, or as otherwise authorized under the Controlled Substances Act First offense: Imprisonment 1 year and/or $5,000 fine. (f) Maryland criminal statutes that apply. Subject Maryland code annotated Provides generally Maximum penalty 1. Pedestrian right-of-way Transportation, Sec. 21-502 Pedestrians have the right-of-way in crosswalks and certain other areas. Subject to certain limitations Imprisonment 2 months and/or $500 fine. Sec. 21-511 Blind, partially blind, or hearing impaired pedestrians have the right-of-way at any crossing or intersection. Subject to certain limitations $500 fine. 2. Drivers to exercise due care Transportation, Sec. 21-504 Drivers shall exercise due care to avoid colliding with pedestrians, children and incapacitated individuals $500 fine. 3. Driving while intoxicated, under the influence of alcohol and/or a drug or controlled substance Transportation, Sec. 21-902 Prohibits Sec. 21-902(a) (driving while intoxicated, first offense): Imprisonment 1 year and/or $1,000 fine. 4. Unattended motor vehicles Transportation, Sec. 21-1101 Prohibits leaving motor vehicles unattended unless certain precautions are taken $500 fine. 5. Carrying or wearing certain concealed weapons (other than handguns) or openly with intent to injure Sec. 4-202 Prohibits, except for law enforcement personnel or as a reasonable precaution against apprehended danger Imprisonment 3 years or $1,000 fine. 6. Unlawful wearing, carrying, or transporting a handgun, whether concealed or openly Sec. 4-202 Prohibits except by law enforcement personnel or with permit First offense and no prior related offense: Imprisonment 3 years and/or $2,500 fine. 7. Use of handgun or concealable antique firearm in commission of felony or crime of violence Sec. 4-204 Prohibits Imprisonment 20 years. 8. Disturbance of the peace Sec. 6-409 Prohibits acting in a disorderly manner in public places Imprisonment 30 days and/or $500 fine. 9. Gambling Sec. 12-102 Prohibits betting, wagering and gambling, and certain games of chance (does not apply to vending or purchasing lottery tickets authorized under State law in accordance with approved procedures) Sec. 240: Imprisonment one year and/or $1,000 fine. Sec. 245: Imprisonment 2 years and/or $100 fine. [55 FR 2068, Jan. 22, 1990, as amended at 85 FR 72910, Nov. 16, 2020] § 3.3 Compliance. A person must comply with the regulations in this part; with all official signs; and with the lawful directions or orders of a police officer or other authorized person, including traffic and parking directions. § 3.4 False reports and reports of injury or damage. A person may not knowingly give any false or fictitious report concerning an accident or violation of the regulations of this part or any applicable Federal or Maryland statute to any person properly investigating an accident or alleged violation. All incidents resulting in injury to persons or willful damage to property in excess of $100.00 (one hundred dollars) in value must be reported by the persons involved to the Police Office as soon as possible. [55 FR 2068, Jan. 22, 1990, as amended at 88 FR 1135, Jan. 9, 2023] § 3.5 Lost and found, and abandoned property. Lost articles which are found on the enclave, including money and other personal property, together with any identifying information, must be deposited at the Police Office or with an office (such as the place where found) which may likely have some knowledge of ownership. If the article is deposited with an office other than the Police Office and the owner does not claim it within 30 days, it shall be deposited at the Police Office for further disposition in accordance with General Services Administration regulations (41 CFR 102). Abandoned, or other unclaimed property and, in the absence of specific direction by a court, forfeited property, may be so identified by the Police Office and sold and the proceeds deposited in accordance with 41 CFR part 102-41. [57 FR 1874, Jan. 16, 1992, as amended at 85 FR 72910, Nov. 16, 2020] § 3.6 Nondiscrimination. A person may not discriminate by segregation or otherwise against another person because of age, color, creed, handicap, national origin, race or sex, in furnishing or by refusing to furnish to that person the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided within the enclave. (Title 18 United States Code section 245 prohibits, by use of force or threat of force, willful injury, intimidation, or interference with, a person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided by or administered by the United States, attempts to do these acts, and engaging in certain other activities.) Subpart B—Traffic Regulations § 3.21 Emergency vehicles. A person must yield the right of way to an emergency vehicle operating its siren or flashing lights. § 3.22 Request for identification. Upon request by a police officer, a person involved in any of the following situations must provide identification, for example, by exhibiting satisfactory credentials (such as an employment identification card or driver's license): (a) A traffic accident within the enclave; (b) The police officer reasonably believes that the individual is engaged in, or has engaged in, criminal conduct or a violation of the regulations of this part; or (c) The enclave or a portion of the enclave is not open to the public (see § 3.41). A driver of a motor vehicle involved in an accident within the enclave shall also exhibit, upon the request of a police officer, the owner's registration card or other satisfactory proof of ownership. § 3.23 Parking. (a) A person may not stand (vehicle stopped, with or without, an occupant), or park a motor vehicle or other vehicle: (1) In a lane, space, or area not designated by a sign for parking, and/or standing; (2) On a sidewalk; (3) Within an intersection or crosswalk; (4) Within 10 feet of a fire hydrant, 5 feet of a driveway, or 20 feet of a stop sign, crosswalk, or traffic control signal; (5) In a double-parked position; (6) At a curb painted yellow; (7) On the side of a street facing oncoming traffic; (8) In a position that would obstruct traffic; (9) For a period in excess of 24 hours, except at living quarters, or with the approval of the Police Office. (b) A person must park bicycles, motorbikes, and similar vehicles only in designated areas, and may not bring these vehicles inside buildings. (c) A visitor must park in an area identified for that purpose by posted signs or similar instructions, such as “visitor parking” and “reserved for visitors”. (d) A person may not drive or park an unauthorized motor vehicle on a grassy, or any other unpaved, area without the approval of the Police Office. § 3.24 Parking permits. Except for visitor parking, a person may not park a motor vehicle without displaying a parking permit, currently valid for that location. The Director may revoke or refuse to issue or renew any parking permit for violation of this section, or any provision of this part. § 3.25 Servicing of vehicles. A person may not wash, polish, change oil, lubricate, or make nonemergency repairs on a privately owned vehicle. § 3.26 Speed limit. The speed limit is 25 miles per hour, unless otherwise posted. A driver of a vehicle may not exceed the speed limit. § 3.27 Bicycles. A person may not operate a bicycle, motorbike, or similar vehicle without a horn or other warning device, and, if the vehicle is operated between dusk and dawn, it must be equipped with an operating headlight, and taillight or reflector. Subpart C—Facilities and Grounds § 3.41 Admission to facilities or grounds. The enclave is officially open to the public during normal working and visiting hours and for approved public events. The enclave is closed to the public at all other times, and the Director may also officially close all or part of the enclave, or any building, in emergency situations and at other times the Director deems necessary to ensure the orderly conduct of Government business. When all or part of the enclave is closed to the public, admission is restricted to employees and other authorized persons who may be required to display Government credentials or other identification when requested by a police officer and may be required to sign a register. The living quarters and adjacent areas are not open to the public but are open at all times to occupants and their visitors and business invitees, unless otherwise closed by the Director. § 3.42 Restricted activities. (a) Hobbies and sports. (b) Pets and other animals. (c) Photography. (d) Intoxicating beverages, narcotics, and other controlled substances. Transportation Code Annotated (e) Nuisances and disturbances. Maryland Code Annotated, (f) Smoking. (g) Firearms, explosive, and other weapons. [55 FR 2068, Jan. 22, 1990, as amended at 57 FR 1874, Jan. 16, 1992; 88 FR 1135, Jan. 9, 2023] § 3.43 Removal of property. A person may not remove Federal property from the enclave or any building on the enclave without a property pass, signed by an authorized property custodian, which specifically describes the items to be removed. In an emergency, or when the property custodian is not available, a police officer may approve removal of Federal property if, after consulting with the administrative officer or other appropriate official, the police officer is authorized by the official to do so. Privately-owned property, other than that ordinarily carried on one's person, may be removed only under this property pass procedure, or upon properly establishing ownership of the property to a police officer. Packages, briefcases, or other containers brought within the enclave are subject to inspection while on, or being removed from, the enclave. § 3.44 Solicitation. It shall be unlawful for a person (other than an employee using authorized bulletin boards), without prior written approval of the Director, to offer or display any article or service for sale within the enclave buildings or grounds; or to display any sign, placard, or other form of advertisement; or to collect private debts; or to solicit business, alms, subscriptions or contributions, except in connection with approved national or local campaigns for funds for welfare, health and other public interest purposes, or solicitation of labor organization membership or dues as authorized under the Civil Service Reform Act of 1978 (Pub. L. 95-454). This provision shall not apply to authorized lessees and their agents and employees with regard to space leased for commercial, cultural, educational, or recreational purposes, under the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 490(A)(16)). Subpart D—Penalties § 3.61 Penalties. (a) A person found guilty of violating any provision of the regulations in this part is subject to a fine or imprisonment of not more than thirty days or both, for each violation (Pub. L. 107-296, Homeland Security Act of 2002). (b) Penalties for violation of offenses proscribed by Federal statutes (generally codified in title 18 of the United States Code) and Maryland criminal statutes which are made Federal offenses under the Assimilative Crimes Act and are prescribed in the applicable provisions of those statutes. [55 FR 2068, Jan. 22, 1990, as amended at 85 FR 72910, Nov. 16, 2020; 88 FR 1135, Jan. 9, 2023]