Utah Admin. Code R920-4-7 - Review of Applications for Special Event Permits for Free Speech Road Uses
This section governs the standards for review of applications for special event permits for free speech road uses.
(1) In addition to an application for a
special event permit for free speech road use, the region permit officer shall
require the applicant to provide, as necessary:
(a) a traffic control plan, as described in
Section R920-4-10;
(b) public notification, as described in
Section R920-4-11;
(c) a contingency plan, as described in
Section R920-4-12;
(d) a route map, as described in Section
R920-4-13; and
(e) proof that the applicant has obtained any
applicable city, county, or other governmental agency approvals or permits, as
described in Section R920-4-14.
(2) In reviewing an application for a special
event permit for free speech road use, the region permit officer may place
reasonable time, place, and manner restrictions on the free speech road use. No
such restriction shall be based on the content of the beliefs expressed or
anticipated to be expressed during the free speech road use, or on factors such
as the identity or appearance of persons expected to participate in the
assembly.
(3) In placing reasonable
time, place, and manner restrictions on the special road use, the region permit
officer shall consider:
(a) the annual number
of other special road use events scheduled on the roadway;
(b) planned construction or repairs of the
roadway or utilities underneath or adjacent to the roadway;
(c) the nature of the roadway requested for
use, and the volume of traffic normally occupying the roadway at the requested
time of use;
(d) the amount of time
requested for use;
(e) the safety
of all participants in special events;
(f) the safety of the traveling
public;
(g) the ability of
emergency service providers to access and care for participants and spectators
in special road use events, and for residents near such events; and
(h) the ability of residents and others not
participating in a special event, to travel on the roadways and to access other
public and private property without unreasonable disruption.
(4) The region permit officer may
place reasonable terms, conditions, and limitations on a free speech road use
as allowed by this Rule R920-4, and otherwise required by law. In placing time,
place, or manner restrictions on a free speech road use, the region permit
officer shall select restrictions tailored to address identified risks of harm
or other articulated governmental interests. The restrictions may include a:
(a) limitation of the total time the
permittee may occupy a particular portion of roadway;
(b) limitation on the particular time of day
the permittee may occupy the roadway;
(c) limitation on the number of lanes the
permittee may occupy on the roadway;
(d) limitation on the number or size of
banners or signs participants may carry on the roadway; and
(e) prohibition on the use of a particular
roadway and the requirement of an alternate route, where other restrictions
will not protect the governmental interests affected by the free speech road
use, and ample alternatives for speech exist.
(5) Once the application is complete, the
region permit officer shall apply best efforts to provide approval, approval
with conditions, or denial of the Application within 30 days of receipt of a
complete application, or seven days before the scheduled event, whichever is
earlier.
(6) Applications for a
special event permit for a short notice free speech road use shall be processed
on an expedited basis, and the region permit officer shall apply best efforts
to provide approval, approval with conditions, or denial of the application
within three business days of receipt of a complete application.
Notes
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