Utah Admin. Code R651-635-3 - Requirements to Obtain a Permit
(1) The
person or group desiring a permit shall make a request to the local park
manager, region or the division's main office at least 30 business days before
the proposed Commercial Activity, privileged, or Special Use. Late requests may
be accepted subject to the terms of Subsection (6).
(2) The division director or the director's
designee shall have the discretion to grant or deny the request for
permit.
(3) No Commercial Activity,
privileged, or Special Use:
(a) may
substantially interrupt the safe and orderly operation of the park or
facility;
(b) may interfere with
fire, police, ambulance, or other life-safety protection or service to areas
where the activity will take place or areas contiguous thereto;
(c) may be reasonably likely to cause injury
to persons or property; or
(d) may
involve pornographic or obscene materials or performances, or materials harmful
to minors, as those terms are used in the Utah Criminal Code or in applicable
local ordinances.
(4)
Liability insurance may be required, co-insuring the division and meeting the
minimum requirements set by the Utah Division of Risk Management.
(5) Conflicting Requests.
(a) Considerations. When two or more persons,
groups or organizations request to use a park or facility for Commercial
Activity, privileged, or Special Uses, and those requests conflict as to time,
place, or purpose, the division director or the director's designee shall
evaluate the conflicting Commercial Activity, privileged, or Special Uses as
to:
(i) the size of the proposed Commercial
Activity, privileged, or Special Use;
(ii) the nature and purpose of the proposed
Commercial Activity, privileged, or Special Use, considered in light of the
historical or traditional use of the park or facility;
(iii) the date and time each conflicting
request was received by the division;
(iv) the division support services required
for the proposed Commercial Activity, privileged, or Special Use;
(v) possible alternative places or times for
the conflicting requests; and
(vi)
other factors that would resolve the conflicts, protect the public safety,
health, and welfare, or assist the division in regulating the time, place, and
manner of the conflicting requests.
(b) Disposition. After obtaining the relevant
information and weighing the relevant considerations stated in the Subsection
(5)(vi), the division director or the director's designee shall resolve the
conflict:
(i) by the parties' agreement to
change the requests to avoid conflicts and accommodate the public interest;
or
(ii) if no voluntary agreement
is reached, by ordering the time, place, and manner for each requested event;
or
(iii) by exercising discretion
to deny requests.
(6) Late Requests. When a request for permit
is not timely made under Subsection (1), the request shall state the grounds
for its untimeliness. If the division director or the director's designee
determines that the untimeliness should be excused because of exigency,
unexpected circumstances, or other reasons, the request shall be
processed.
Notes
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