01/15/2002 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
The City Council of Salt Lake City, Utah met in Work Session on Tuesday, January 15,
2002, at 5:30 p.m. in Room 326, Committee Room, City County Building, 451 South State
Street.
In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy
Saxton, Jill Remington Love, and Dale Lambert.
Absent: Councilmember Dave Buhler
Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Mayor Ross C.
"Rocky" Anderson; Rocky Fluhart, Chief Administrative Officer; Jay Magure, Mayor's
Chief of Staff; Roger Cutler, City Attorney; Gary Mumford, Council Deputy
Director/Senior Legislative Auditor; Michael Sears, Council Capital Budget
Administrator; Russell Weeks, Council Policy Analyst; Janice Jardine, Council Planning
and Policy Analyst; Timothy Harpst, Transportation Director; LuAnn Clark, Housing and
Neighborhood Development Deputy Director; Joel Paterson, Planning/Special Projects;
Stephen Goldsmith, Planning Director; Brent Wilde, Planning Deputy Director; Steve
Fawcett, Management Services Deputy Director; David Dobbins, Community and Economic
Development Acting Director; Scott Folsom, Assistant Police Chief; and Scott Crandall,
Deputy Recorder.
Councilmember Christensen presided at and conducted the meeting.
The meeting was called to order at 5:35 p.m.
AGENDA ITEMS
#1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION
ITEMS AND ANNOUNCEMENTS.
Cindy Gust-Jenson said the Council' s policy was to omit Questions to the Mayor
when there were official speeches or presentations. She said Item D-1, McClelland
Street closure, staff was available to answer questions during the public hearing. She
said Item D-3, Budget Amendment No. 4, had several issues which needed to be discussed.
She said there were unanticipated expenses relating to Olympic security.
Rocky Fluhart said the September llth incident changed the security plan. He said
there were misunderstandings and items were overlooked. He said one issue was the
level of security on Washington Square. He said the initial plan included a double
fence, magnetometers, and sufficient personal to guard the fence line. He said the
unanticipated expense of $150,000 was needed to staff the City' s portion of the
magnetometers.
Councilmember Christensen said he felt this was an appropriate use of fund balance.
Councilmember Saxton asked what the total security budget was for Washington Square.
Mr. Fluhart said the perimeter security was $150,000. He said he did not know the
total figure but would provide the information.
Ms. Gust-Jenson said reception costs had previously been discussed by the
Council. She said the Administration hoped to recover a portion of the $70, 000 budget
from donations. She said the entire amount needed to be appropriated so any donations
received could be spent. She said another issue dealt with making contingency dollars
available to the Administration. She said the Council had discussed a figure between
$110,000 and $200,000. She said recommended motions had been prepared for
consideration.
02 - 1
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
Ms. Gust-Jenson said another item dealt with the light rail coordinator position.
She said the position was funded by the Utah Transit Authority (UTA) . She said even
though UTA wanted to fund the position, the money needed to be appropriated by the
Council. Councilmember Saxton said completion could take longer than expected and
asked about UTA' s funding commitment. Ms. Gust-Jenson said $12, 000 was proposed through
the end of February, 2002. Councilmember Saxton said it needed to be understood
additional work would be needed after the position expired in February.
Ms. Gust-Jenson said she understood a new Community and Economic Development
Deputy Director had been hired by the Administration. She said she understood the new
employee would complete the 1, 000 day plan. She said the Council made a $25, 000
appropriation for the plan in Budget Amendment No. 3. She said the appropriation could
be reviewed if the Administration chose to complete the plan by a different method.
Councilmember Lambert asked if someone from the Utah Arts Festival would be
present to answer questions. Mr. Sears said he was not aware of anyone. Councilmember
Lambert said their letter did not indicate whether more money would be needed for an
additional move the following year. Mr. Sears said the original transmittal from the
Administration indicated the Arts Festival was seeking a two-year donation of $42,700
for each year. He said the first year was for the Gallivan Center move and the second
year for Library Square.
Ms. Gust-Jenson said Item F-4, Sewage Canal and Northwest Oil Drain,
Councilmember Love would recuse herself on this item. Councilmember Christensen said
the item would be moved to the end of the agenda. Ms. Gust-Jenson said Item D-6,
certificate of public convenience and necessity, the ordinance included a Mayoral
delegation of authority which potentially created some issues. She said the Council
could leave the ordinance alone or retain authority to change or rescind the ordinance
if problems arose. Roger Cutler said the Council could delay the issue to allow
additional research. Councilmember Christensen said the issue would be postponed until
the following week. Ms. Gust-Jenson said objections would also be raised regarding
language requiring all licensing to be done by January 2, 2002.
Ms. Gust-Jenson said Item F-7, loan agreement with Eaglegate Automation, was
pulled. She said Item G, Consent Agenda, starting times for public hearings (Items 2,
3, 5, and 6) , needed to be changed from 6:00 p.m. to 5:00 p.m. She said Item No. 4,
animal services and horse drawn carriages amendment, would be scheduled for February
28, 2002 at 6:00 p.m.
#2. RECEIVE AN UPDATE FROM THE ADMINISTRATION REGARDING THE OLYMPICS.
Mr. Fluhart said crowds for the Olympic torch relay were expected to be larger
than originally anticipated. He said fencing on the west side of the block would not
be installed until February 8, 2002 in order to accommodate the crowds.
#3. RECEIVE A BRIEFING REGARDING A PROPOSED TEMPORARY PARKING LOT AT 900 NORTH WARM
SPRINGS ROAD.
Joel Paterson and Brent Wilde briefed the Council with the attached handout.
Councilmember Christensen asked if there was any additional information. Mr. Paterson
said no. Councilmember Christensen said the issue would be advanced to a public
hearing.
#4. RECEIVE A LEGISLATIVE BRIEFING FROM THE ADMINISTRATION.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
No briefing was given.
#5. RECEIVE A BRIEFING REGARDING THE CITY'S REGULATIONS OF FREE EXPRESSION
ACTIVITIES. View Attachment
David Dobbins, Jay Magure, Russell Weeks, Roger Cutler, and Rocky Fluhart briefed the
Council with the attached handout. Mr. Weeks said a question was raised about whether
or not additional fees could be charged to a permit holder if they violated the terms
of their permit. He said the Attorney' s Office felt it would be unconstitutional to
charge policing costs to those exercising free speech rights.
Councilmember Love asked how many free speech applicants paid permit fees. Mr. Dobbins
said few permit fees were collected because applicants knew if they waited long enough
they would not have to pay the fee. Councilmember Jergensen asked how often free speech
permits were issued. Mr. Dobbins said approximately 75 permits were issued each year.
Councilmember Jergensen asked about the difference between extemporaneous and non-
extemporaneous free speech expression. Mr. Cutler said this was a difficult area of
First Amendment law. He said non-permitted spontaneous speech was allowed by ordinance
because court cases suggested individuals could not be charged for exercising free
speech rights. Mr. Cutler said the administrative burden of applying for a permit and
paying the fee could be viewed as a constraint which prevented spontaneous speech. He
said the law clearly allowed the City to regulate time, place, and manner but not
content. He said reasonable administrative costs could be charged for a permit. He
said the City had a duty to protect free speech activities and the permitting process
allowed City officials to coordinate public safety resources to insure safe and
protected speech activities.
Discussion was held on differences between spontaneous and permitted free speech
activities; protecting citizens; police enforcement; recovering administrative costs;
protests; demonstrations; public safety issues; short notice permits; constitutional
rights; newsracks; uniform permit fees; and determining whether or not incidents were
spontaneous.
Mr. Cutler said the City currently charged varying fees for different speech related
issues. He said he felt it was important to charge the same fees to avoid legal
challenges. Mr. Fluhart said the Police Department had specific plans for potential
protests and demonstrations and were available to brief Council Members with the
details.
Councilmember Saxton asked what the actual costs were for issuing permits. Mr. Dobbins
said he would provide the information to the Council. Councilmember Saxton said fees
should be based on the actual administrative costs.
A straw poll was taken on advancing the item with a $5 fee. All Council Members were
in favor except Councilmember Saxton.
Mr. Weeks said another option allowed the Council to revisit the fee structure at a
later date. The majority of the Council were in favor of permanent fees. Councilmember
Lambert said he agreed with Councilmember Saxton regarding administrative cost
recovery.
Councilmember Christensen said the item would be scheduled for official action.
#6. RECEIVE A BRIEFING REGARDING THE PROHIBITION OF WEARING MASKS WITH THE INTENT TO
PERFORM OR WHILE PERFORMING SPECIFIED CRIMINAL ACTIVITIES. View Attachment
02 — 3
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
Assistant Chief Folsom briefed the Council with the attached handout. Councilmember
Christensen asked why the Police Department was concerned about the issue. Chief
Folsom said police intelligence consistently suggested group leaders wanted to conceal
their identities. He said if a lawful demonstration got out of control and the leaders
put on masks, it was more effective to segregate and remove the leaders than arrest
the entire crowd.
Chief Folsom said Salt Lake City was hosting large events now and in the future and
the proposed ordinance would be an effective tool. Councilmember Christensen asked if
the intent was to sunset the ordinance. Chief Folsom said the ordinance was intended
to be permanent.
The majority of the Council was in favor of advancing the proposal.
The meeting adjourned at 9:43 p.m.
sc
02 - 4
•
•
• 'MEMORANDUM
DATE: January 10,2002
TO: City Council Members •
'
FROM: Russell Weeks
- RE: Proposed Amendment to regulations of free expression ,
activities _ .
CC: Cindy Gust Jenson,Rocky Fluhart,David Dobbins,Gary Mumford,
Shawn McDonough
'? This m tm addresses proposed amendments to City Code Chapter 3: 0 titled
r Commercially Related Special Eients and Free Expression Activities,The proposed amendments
would cut-the permit application feefor!`advanced-planned free eigiression ai ivitiar fioni'$100-
to$5:The proposed ordinance would not:cut the$100 application fee for commercially related
. special events.
OPTIONS.
The City Council appears to have three options:
•
• Adopt the proposed ordinance.
• Do not adopt the proposed ordinance.
• .Amend the proposed ordinance to include the April 30,2002,sunset date contained in
City Code Chapter 3.52 titled Large-Scale Special Events ofNational or International
Significance. ' '
Issues/Potential Questions for the Administration '
According to the Administration's transmittal letter,it is proposing the amendments
because the current ordinance's requirement that people or groups who apply in advance for a
permit to demonstrate in the City pay a'$100 application fee is too onerous for those who-may'
wantto demonstrate during the 2002 Winter Olympics.
•
Moreover,the transmittal letter says,people or groups who may want to demonstrate
during the Olympics also can apply for a"short-notice free expression activity"permit under the
''current,ordinance.The current ordinance does not require a fee for that kind of permit. Because of
that,the Administration's transmittal letter contends,"the City's current$100 fee requirement
(for advance planned free'expression activities)creates an incentive for speakers not to notify the. •
City in advance of their planned activities;instead waiting until.shortly before the event so they
can use the exception.to the permit requirement." - '
•
It should be noted that the ordinance requires applications for commercially related
special events to be filed with the City"no later than thirty days prior to the event." Another
1110
paragraph in the same section of the ordinance says, "If the applicant claims that its proposed
event should be treated as a free expression activity instead of a commercially related special
event,the applicant shall specify the basis for such claims." Given that,it appears to City
Council staff that the minimum time to apply for an advanced free expression activity permit is
30 days before the event.
To date, 12 groups have applied for 80 free expression activity permits. Of that number
48 applications have been approved.Groups have appealed decisions involving nine other
applications.The remaining 23 applications are under review,according to the Community and
Economic Development Department.
One issue that the City Council might.consider is whether to sunset the proposed
ordinance by amending it or,by adopting the proposed ordinance as written,making the cut in
application fees from$100 to$5 permanent.
According to the Administration,it is proposing the$5 fee because the fee is the same for
newspaper icsW"aiid the edlii d fee for sidewalk artists and entertainers—two categories of
p P3! '(A/7Sfi`ill.gea__First Amendment.
f5; J 'A". : s r .. 'F- t)Hdx ; le ihY
.
DISCUSSION c G1wND
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The City Council adopted the current ordinance in 1993 to"establish a process"to allow
people and groups to use city streets,property and facilities for commercially related special
events and free expression activities while protecting the safety of people at those events and
minimizing disruption to the public and city services.
According to the Community and Economic Development Department,the department •
on average processes about 75 applications a year for free speech events.Groups and people who
file the applications rarely—if ever—pay the$100 application fee,according to the department.
The reason they do not pay the fee is most wait until closer to the planned event and file.
applications under the ordinance's"short-notice free expression activities"section.
The ordinance defines"free expression activity"as"any formation,procession or
assembly upon any public street,park or other public way or other traditional public forum in a
manner which does not comply with normal or usual regulations or controls and which claims
that it has the purpose of engaging in constitutionally protected speech or assembly."
The ordinance defines"advanced planned free expression activities"as an event"where
the activity is scheduled sufficiently in advance of its occurrence,such that the city may lawfully
require compliance with certain of the permitting requirements as specified below."
It defines"short-notice free expression activities"as events"which arise out of or are
related to events or other public issues which cannot be reasonably anticipated far enough in
advance of their occurrence to reasonably allow compliance with the requirements for advanced
planned free expression activities."
The ordinance requires the City's events coordinator to"promptly issue a permit for the
short-notice free expression activity unless the events coordinator finds, in writing,that the
proposed activity at the proposed location or route unreasonably interferes with the movement of
police,fire,ambulance and other emergency vehicles or other provision of public health, safety
•
and welfare services so as to create an immediate clear and present danger to public health, safety
or welfare."
The ordinance also allows the conduct of free expression activities without a permit if"it
is not reasonably possible to obtain a permit in advance of a short-notice free expression activity."
The Administration contends that it remains in the City's interest to have people or
groups apply for permits in advance of an event so the City can plan for them,and cutting the fee
for advanced planned free expression activities would encourage people or groups to apply in
advance.
The Administration also contends that the$100 fee will be a burden to people and groups
that may want to demonstrate during the Winter Olympics.That raises a question of whether the
ordinance should be amended for only during the Olympics or whether the proposed ordinance
should be permanent.
Ci.y.Council staff has attached two items to the memorandum.One is the full text of Ciry
'Co I apt ',.SO.The other is Otvn tics Free Speech Regulations enacted by.Mayor Ross C.
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3.50.010 Purpose.
This chapter intends to protect the rights of citizens to engage in activities protected by the free speech and
expression provisions of the Constitutions of Utah and the United States subject to lawful time,place and manner
regulations necessary to protect`the public health,'s fct and welfare.It is also the purposes*,intent of this
- chapter to atabli h • . nfflhg' ndM duals end gi+otips to use City streets,propeity,'fac ilities or
apocial.evens and flee expression activities while maximizing the safety of
services for commercially related :"
participants,minimi7ingthe inconvenience to the general public and disruption of public services and,providing
for cost recovery of city services required for commercially related special events,when such recovery will not
unreasonably or unlawfully burden constitutionally protected activities.(Ord.23-93§4(part), 1993)
3.50.020 Definitions.
As used in this chapter:
A. "Basic city services" means those services determined in the sole discretion of the city to be
necessary to protect the public health, safety and welfare of participants and spectators at any
commercially related special event or free expression activity.
B. "City costs" means any expense incurred by the city, as a result of a commercially related
special event or free expression activity except those for basic city services and except for city
services specifically budgeted-for commercially related special events or free expression
activities.
C. "City services" means the provision of city employees or equipment for services related to
commercially related special events or free expression activities including police, fire and
building inspection services other than those which are determined by the city to be basic city
services. City services shall also include the city allowing the applicant or sponsor the
exclusive use of city property including the exclusive right to sell merchandise on the
property.
D. "Commercially related special event" means:
1. Any organized formation, parade, procession, assemblage of people, animals, vehicles or
•
any combination thereof, which assembles or travels in unison with common purpose upon
any public street, highway, alley, sidewalk or other public way and which does not comply
with normal or usual traffic regulations or controls; or,
2. Any organized assemblage at any public park or other city-owned public forum which
gathers for a common purpose or event under the discretion and control of a responsible
person or entity and which requires more services,facilities or equipment than normally
provided to groups which reserve park facilities; and
3. In either circumstance:
a.Which charges a fee of any kind for participation in the event or for viewing any or all
of the event,or s t :.M. . . .:.
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b.Which is organized by individual or for f i i
Y entity the
-return on:the-event. -
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4. Commercially related special event shall not include any event or activity of a type specified
above which claims to be a free expression activity as defined below.
E. "Events review committee"means a committee comprised as follows:
1110 1. Voting members(or their designees):
a. The mayor,
b: The city attorney,
c. The chief of police,
d. The director of public services, and,
e. Up to six residents of the city, appointed by the mayor and confirmed by the city
council;
2. Nonvoting/ex Officio members(or their designees):
a. The director of Salt Lake City/County Health; •
b. The chief executive officer of.the Utah Transit Authority,
c. The director of the Salt Lake City Chamber of Commerce, and
d. The director of the city's downtown business improvement district contractor.
F. "Events coordinator" means a city employee designated by the mayor for the purpose of
administering the provisions of this chapter.
G. "Free expression activity" means any formation, procession or assembly upon any public
street, park or other public way or other traditional public forum in a manner which does not
comply with normal or usual regulations or controls and which claims that it has the purpose
of engaging in constitutionally protected speech or assembly.
Free expression activity includes:
1. "Advanced planned free expression activities"where the activity is scheduled sufficiently in
advance of its occurrence, such that the city may lawfully require compliance with certain of
'.the permitting requirements as specified below;and, "= ,'
2: "Short-notice free expression activities"which arise out of or are related to events or other
public issues which cannot be reasonably anticipated far enough in advance of their .
occurrence to reasonably allow compliance with the requirements for advanced planned free
expression activities. (Ord. 23-93 §4(part), 1993)
3.50.030 Advanced planned free expression activities.
A. Permit Requirements. Advanced planned free expression activities shall comply with Sections
3.50.050(permit required), 3.50.060(permit application), 3.50.070(one hundred dollar fee),
3.50.080(routes and locations), 3.50.100(insurance), 3.50.120 (permit issuance- advanced
planned free expression activity), 3.50.150(permit possession), and 3.50.180(conflicting
applications), except that the requirement for insurance as provided by Section 3.50.100 shall
be waived unless the activity involves the use of fireworks or other similarly extraordinarily
hazardous features.
B. Provisions of Basic City Services. The city shall provide basic city services for advanced
planned free expression activities at no cost to the applicant, sponsor or participants. Any city
services beyond the basic city services will be provided only if recovery of city costs has been
agreed to between the city and the applicant or sponsor. (Ord. 23-93 § 4 (part), 1993)
3.50.040 Short-notice free expression activities.
A. Notification. To the extent-reasonably possible, considering the nature of the short-notice free
expression activity, the organizer or sponsor of such activity shall notify the events
coordinator of the information specified in subsection B of this section.
B. Permit Issuance. The events coordinator shall promptly issue a permit for the short-notice free
expression activity unless the events coordinator finds, in writing, that the proposed activity at
the proposed location or route unreasonably interferes with the movement of police, fire,
ambulance and other emergency vehicles or other provision of public health, safety and
welfare services so as to create an immediate clear and present danger to public health, safety
or welfare.
C. Site and Route Limitations. Short-notice free expression activity shall not block or impede
vehicular or pedestrian travel or violate city ordinances related to parking, vehicular traffic or
pedestrian crossings. .
D. Unpermitted Short-Notice Free Expression Activities. flit is not reasonably possible to obtain
a permit in advance of a short-notice free expression activity, no permit shall be required
providing that the prohibitions of subsections B and C are not violated.
E. Basic City Services. The city shall provide basic city services at no cost to any short-notice
free expression activity. (Ord. 23-93 § 4 (part), 1993)
3.50.050 Permits required-Exceptions.
A. Permits Required. It is unlawful to conduct, promote, manage, aid, solicit attendance at or
participate in any commercially related special event without first obtaining a permit for the
event.
B. Exceptions. A commercially related special event shall not be required for the following:
1. Funeral processions by a licensed mortuary;
2. Activities lawfully conducted by a governmental agency within the scope of its authority;
3. Filmmaking activities, if a permit for such activities has been issued by the city;
4. Block parties or other similar activities sponsored by neighborhood-based community
organizations recognized pursuant to Chapter 2.60 of this code; provided that authorization
for such event has been previously obtained from designated city departments. (Ord. 23-93 §
4 (part), 1993)
3.50.060 Permit application.
A. Time. Applications for a commercially related special event permit shall be filed with the
events coordinator no less than thirty days prior to the event.
B. Form. The application shall be on a form provided by the city and shall specify the following:
1. Names and Addresses. The name, address and telephone number of
a. The applicant,
b. The person chiefly responsible for the conduct of the event,
c. The sponsoring organization and its chief officer,
2. Time. The date, place and time of the event, including'approximate tames for.assembly and
disbanding;
3. Routes. If the event is not confined to one specific location, the applicant shall also specify,
by a map and written narrative:
a. The route of the event,
b. The location of any assembly or disbanding areas, and
c. The location of any reviewing stands and any other areas reserved for observation of the
event;
4. Alternatives. Alternative routes, sites or times which may be acceptable to the applicant;
5. Participants and Spectators. An estimate of the approximate number of persons, animals,
and/or vehicles which will participate in the event including:
a. A description of the kinds of animals, types of vehicles, number of bands or other
musical units,
b. The nature of any sound amplification devices, and
c. An estimate of the approximate number and anticipated physical distribution of
spectators along the route expected to view the event;
6. Public Health Facilities. The number and location of portable sanitation facilities and other
equipment or services proposed by the applicant to meet public health or safety concerns or
•
legal requirements;
7. Monitors. The number of persons whom the applicant will have at the event to monitor or
facilitate the event and to provide spectator or participate control and direction;
8. Emergency Medical Facilities. Arrangements for first aid or other emergency medical
services;and,
9.Special Requirements. Any special or unusual requirements of the event.
C. Insurance. The applicant shall certify that insurance, as required by Section 3.50.100 below,
will be provided prior to the issuance of a permit.
D. Cost Recovery.If the applicant desires any city services beyond the basic city services,the
applicant:shall certify that prior.to the issuance of a permit,the applicant will provide to the
city a bond or other evidence of financial responsibility,in a form acceptable to the city
attorney,for the payment of city costs.
E. Claim of Free Expression Activity Exemption.If the applicant claims that its proposed event
should by treated as a free expression activity instead of a commercially related special event,
the applicant shall specify the basis for such a claim. (Ord. 23-93 §4(part), 1993)
3.50.070 Fee.
Along.with the application for a commercially related special event permit,the applicant shall pay a fee in the
amount of one hundred dollars as partial reimbursement to the city for administrative and processing expenses
related to the application.(Ord.23-93 §4(part), 1993)
3.50.080 Routes and locations.
A. Standard Routes and Locations. The events review committee shall establish and adopt
standard routes and locations for commercially related special-events and advanced planned
free expression activities. Until the events review committee shall have adopted such standard
routes and locations, the standard routes and locations previously adopted by the city shall be
used.
B. Requests for Nonstandard Routes or Locations. The committee shall hear requests from
applicants for commercially related special events and advanced planned free expression
activities permits desiring to use nonstandard routes or locations and shall approve such
proposed nonstandard routes or locations if it finds that the requirements of Section 3.50.110
below are met. (Ord. 23-93 § 4(part), 1993)
3.50.090 City cost recovery estimate for commercially related special events.
A. The events coordinator shall make an estimate of the city costs for city services for the
commercially related special event, based on the application, and promptly notify the applicant
of the estimate. (Ord. 23-93 §4(part), 1993)
3.50.100 Insurance for commercially related special events.
A. Liability Insurance. The applicant or sponsor of a commercially related special event shall
_:,+i possess or obtain comprehensive general liability insurance to'protect the city against loss
t habdity�osed"by law y jury}of propetty-damage
damag es on account ofbo$il in
arising from'the event. Such insurance shall name on the policjr'or by endorsement,-Salt Lake
City Corporation,its officers,employees and agents,•and,as required, any other public entity
involved in the event as additional named insureds. Insurance coverage must be maintained for
the duration of the event. The policy must provide that notice of cancellation prior to the
event must be immediately provided to the city.
B. Limits. Coverage shall be in a combined single limit of one million dollars. (Ord. 23-93 §4
(part), 1993)
3.50.110 Standards for issuance of permit-Commercially related special event.
The city shall issue a commercially related special event permit if the events coordinator finds:
A. Arterial Routes. The conduct of the event will not:
1. Substantially interrupt the safe and orderly movement of public transportation or other
vehicular and pedestrian traffic in the area of its route, nor
2. Conflict with construction or development in the public right-of-way or at public facilities,
nor
•
3. Block traffic lanes"or close streets during peak commuter hours on weekdays between
seven a.m. to nine a.m. and four p.m. to six p.m. on any primary arterial streets or principal
commuter routes designated by the city;
•
B. Interference With Other Events. The event will not substantially interfere with:
1. Any other commercially related special event;
2. Any other event for which a permit under this chapter has already been granted, nor,
3. The providing of city services in support of other scheduled events, including free
expression activities and unscheduled governmental functions such as visits of chiefs of state;
C. Movement of Police and Fire Vehicles. The concentration of persons, animals or vehicles will
not unduly interfere with the movement of police, fire, ambulance or other emergency vehicles
on the streets nor with the provision of other public health or safety services;
D. General Traffic. The event will not have an unduly adverse impact upon residential or business
access and traffic circulation in the same general venue;
E. Poke,Fore and Public Service Coverage.The conduct of the event will,not requre the;:,
diversion of so great a number of police,fire or other essential publicmployi
eesfrom€heir
normal duties as to prevent reasonable police,fire or other public services protection to the
remainder of the city;
F. Danger of Disorder. The event does not create the immediate danger of disorderly conduct,
likely to endanger public safety or to result in significant property damage;
G.'Public Health Violations. The event will not violate public health or safety laws or fail to
conform to the requirements of law or duly established city policy;
H. Exclusive Use of Public Property. The.event will not require the exclusive use of park or other
"public areas in a manner which will adversely impact upon the reasonable use or access to
those areas by the general public unless such exclusive use has been approved by the
department of public services pursuant to the department's published policies;
I. Willingness to Comply_With Conditions. The applicant demonstrates an ability and willingness
to conduct an event pursuant to the terms and conditions of this chapter and has not
repeatedly failed to conduct a previously authorized event in accordance with the law or the
terms of a permit, or both;
I. Approval of Other Public Agencies. The applicant has obtained the approval of any other,
public agency within whose jurisdiction the event or portion thereof will occur;
•
K. Sponsors'Duties. The applicant has provided for the following, when applicable: •
1. The services of a sufficient number of traffic controllers;
2. Monitors for crowd control and safety,
3. Safety, health or sanitation equipment, services or facilities reasonably necessary to ensure
that the event will be conducted with due regard for public health and safety,
4. Adequate off-site parking or shuttle service, or both, when required to minimize any
substantial adverse impacts on general parking and traffic circulation in the vicinity of the
event,
5. Required insurance,financial responsibility for the event or surety bonds, and
6.An adequate first aid or emergency medical services plan,based on event risk factors. (Ord.
23-93.§4(part), 1993)
3.50.120
d'` ernut. 4 u ;;VW :F fd•"eb. ' .i.tf _ `. 'v`n r^ .
A. Security For City Costs loc`Co '' ercially Related`Sptecial Events. In the event that the events
coordinator determines that a permit for a commercially related special event be issued, the
events coordinator shall issue the permit when the applicant provides certificates verifying the
insurance required by.Section 3.50.090 above and either pays or posts security, in a form
approved by the city attorney's office,for the estimated city costs for city services of the
commercially related special event.
B. Conditional Issuance. The events coordinator may condition the issuance of a permit upon the
applicant's agreeing to correct any deficiencies identified by the committee regarding the
standard specified in Section 3.50.110 above. (Ord. 23-93 §4 (part), 1993)
3.50.130 Standards for issuance of permit-Advanced planned free expression
activities.
The events coordinator shall issue an advanced planned free expression activity permit if the events coordinator
finds that the provisions of Sections 3.50.110A(arterial routes),3.50.110B(interference with other events),and
3.50.110C(movement of police and fire vehicles)are met. (Ord. 23-93 §4(part), 1993)
3.50.140 Additional permit conditions. •
If information or circumstances related to any permit materially changes between the time of the issuance of the
permit and the permitted commercially related special event or free expression activity,the events coordinator may
impose,in writing,additional conditions on the permit necessary to meet the standards specified in Section
3.50.110 above. (Ord. 23-93 §4(part), 1993)
3.50.150 Contents and possession of permit.
A. Contents. Permits for any commercially related special event or advanced planned free
expression activity subject to the provisions of this chapter shall contain, if relevant, the
following information or conditions:
1. The date, assembly areas, and time for assembly and starting time;
2. The specific route plan;
3. The minimum and maximum speeds of vehicles, entries and participants;
4. The number and types of persons,animals and vehicles,the�m
to
units and equipment capable of rodu so ifan and' ' :,Pf.��� � er��pnusical
noise abatement; p �„
5. The maximum interval of space to be maintained between units; f s 511,1',.-.`
6. The portion of the street,public way or city-owned public forum area that is to be occupied
by the commercially related special event or advanced planned free expression activity and the
•location of reviewing or audience stands,if any,
• 7. The number and location of traffic controllers, monitors, other support personnel and
equipment and barricades to be furnished by organizers;
& The area and time for disbanding;
9. Conditions of the exclusive control or regulation of concessionaires and related sales
activity by the sponsor during the commercially related special event; •
10. Provisions for any required emergency medical services; and
11. Such other information and conditions as are reasonably necessary for the conduct of the
commercially related special event or advanced planned free expression activity and the
enforcement of this regulation, including the requirement for the on-site presence of the
organizer or designated representative of the sponsor or applicant of the commercially related
special event or advanced planned free expression activity for all coordination and
management purposes.
B. Possession. Permits shall be kept available at the site of the event in the method prescribed by,
the events coordinator applicable to the particular event and shall be exhibited upon demand
of any sworn law enforcement official. (Ord. 23-93 § 4 (part), 1993)
3.50.160 Permit revocation for fraud.
The events coordinator may revoke any permit issued pursuant to this chapter if the events coordinator determines
that any required information submitted by the applicant was materially incorrect or fraudulently provided. (Ord.
23-93 §4(part), 1993)
3.50.170 Revocation for cause-Notice to cure.
A. Notice to Cure.If the mayor's designee, the events coordinator or any sworn law enforcement
officer determines that the conditions of any permit issued pursuant to this chapter are being
violate
d,notice shall be given to the applicant, sponsor or designated organizer's
b L"" (�'�XC
representative ofthe commercially related special event or free expression`activity to inure the
violation
B. Failure to Cure.It is unlawful for the applicant, sponsor or on-site organizer's representative
of an authorized commercially related special event or free expression activity to fail to take
reasonable steps to promptly cure any notice of violation of this chapter. It is also unlawful for
any participant or spectator to fail to comply with lawful directions issued by any sworn law
enforcement officer or by the applicant, sponsor or on-site organizer's representative to cure
their violation of this chapter.
C. Clear and Present Danger. If a sworn law enforcement officer determines, after consultation
with the chief of police or the chiefs designee, that any failure to cure a violation of this
chapter creates the clear and present danger of immediate significant harm to life, public safety
or property which cannot be reasonably mitigated by increased public safety enforcement and
which, on balance, outweighs`the constitutionally protected rights of the organizers or
participants in the commercially related special event or free expression activity, the applicant,
sponsor or on-site organizer's representative of the commercially related special event or free
expression activity shall be promptly notified that the permit is revoked and that the
commercially related special event or free expression activity must immediately cease and
desist.
D. Violation of Cease and Desist Order. If a permit is revoked as specified in subsection C above,
it shall be unlawful for any person to fail to obey the order to cease and desist from illegal
activities. (Ord. 23-93 § 4 (part), 1993)
3.50.180 Permit-Conflicting applications.
A Conflict Priority Evaluation. When one or more applications for a commercially related special
event or advanced planned free expression activity are received for the same day and for
locations or routes which are conflicting, the events coordinator shall issue a permit, subject
to the other provisions of this chapter,based on the following order of priorities:
1.Events planned, organized or presented by state, federal or city governmental entities or
their agents if the governmental request is made in good faith and not with the intent or
purpose of improperly chilling constitutionally protected rights of competing petitioners;
2.Historic usage commercially related special events or advanced planned free expression
activities where the same applicant or sponsor has been granted use=of `< rwn aparttc�ac ,�o
at a particular date, more than fifteen consecutive " t ..: .`. ; . - `
time and place foryears;;,:� � ,��� SV�,° ;�. .�
3. If neither subsections Al or A2 are applicable,priority shall be given to a firtt,iit7time filing.
B. Consideration for Unsuccessful Applicant.After granting the request for the time,place,
'manner and date,the events coordinator shall authorize the unsuccessful applicant to use an
appropriate public forum at,another suitable time,place, date and manner. (Ord. 23-93 §4
(part), 1993)
3.50.190 Determination of free expression activity exemption claim.
A. 'Initial Determination. Within three days of receipt of a permit application claiming exemption
from the commercially related special event requirements as a free expression activity, or such
shorter time as may be necessary to allow the activity to proceed, the events coordinator shall
determine,,in writing, whether the proposed event is a free expression activity, as defined in
Section 3.50.060E.
B. Notification of City Attorney. If the events coordinator denies the claimed free expression
activity exemption, the events coordinator shall immediately notify the city attorney.
C. Events Review Committee Consideration. Within five business days, or such other shorter
time as may be necessary to allow the event to proceed, the events review committee shall
consider any denial of a free expression activity exemption, together with any
recommendation regarding the exemption provided by the city attorney.
D. Events Review Committee Determination. With three business days, or such other shorter
411
11/
period as may be necessary to allow the event to proceed, the events review committee shall
issue a decision regarding the claimed exemption and promptly notify the applicant in writing.
E. Appeals. The applicant may appeal the events review committee's denial of a free expression
activity exemption pursuant to the provisions of Section 3.50.200 below. (Ord. 23-93 §4
(part), 1993)
3.50.200 Regular appeals-Commercially related special events.
A. Decisions Appealable. Applicants or sponsors of commercially related special events may
appeal the following decisions of the events coordinator or events review committee:
1�The denial of any nonstandard route or location;
2:Any conditions imposed upon the permit; or
3. The limits of any insurance required.
•B. Procedure. Appeals shall be made subject to the following procedure:
1. Appeals shall be filed with the events coordinator within ten business days after the events
coordinator notifies the applicant or sponsor of the decision from which an appeal is taken;
2.Notices shall be deemed to be effective: •
a:On the date on which the applicant or sponsor is personally delivered a copy of the
decision, or, -
b. If the decision is mailed, three days after the date of mailing, or,
c. If notification is sent by electronic facsimile to the applicant, on the date of
transmission, provided that a confirmation of the completed facsimile transmission is sent
on the same day to the applicant via first class United States mail, postage prepaid;
3. The appeal shall specify the grounds for the appeal;
4. The events coordinator shall respond to the appeal with a written explanation of the events
coordinator's reasons for the appealed decision, within Seven business days from the receipt of
the appeal;
5. The appeal and the events coordinator's response shall be reviewed by the city attorney who
shall, within seven business days, issue a recommendation to the mayor;
6. The mayor or the mayor's designee may schedule a hearing on the appeal or review the
appeal based on the written submissions;
7. Any hearing shall be held within ten business days following the city attorney's
recommendation;
8. The mayor or the mayor's designee shall issue a decision on the appeal, in writing, within
ten days from receipt of the city attorney's recommendation or, in the event of a hearing,
within ten days from the hearing.
C. Expedition of regular appeals..If the applicant notifies the events coordinator and
-4emoluitmtes'that tliefinnspecified above for the appeals process would unreasonably
r„burde theopitOkti,mosteoccoontoiator.,sball shorten the times so the applicant may
receive the final decision Sufficiently inadvance of the proposed event. (Ord.23-93 §4(part),
1993)
3.50.210 Expedited Appeals-Free Expression Activities:
A. Determination On Claims: The following determinations on claims regarding free
expression activities may be appealed as provided below:
1. A determination by the events review committee that a proposed event or activity is a
commercially related special event and not exempted as a free expression activity;
2. A claim by an applicant that the events review committee's denial of a proposed route or
location for.an activity constitutes an inappropriate or unlawful restriction of time, place or
manner restriction; or
3. Any other claim by an applicant that any action by the city regarding the proposed free
expression activity impermissibly burdens constitutionally protected rights of the applicant,
sponsor, participants or spectators.
B. Process: The city acknowledges an obligation to process appeals regarding free expression
activities promptly so as to not unreasonably inhibit or unlawfully burden constitutionally
protected activities. To the extent possible, the appeals process related to free expression
activities shall be that specified in section 3.50.190 of this chapter, with the times modified by
the events coordinator to allow the necessary expeditious processing. In the event that an
applicant for a free expression activity requires even more expeditious processing of an
.
appeal, upon the request of the applicant, the city attorney may advise the mayor or the
mayor's designee to make immediate consideration of the appeal. (Ord. 23-93 § 4, 1993)
3.50.220 Public Conduct During Activity:
A. Interference With Authorized Event Prohibited:No unauthorized person shall obstruct,
impede or interfere with any authorized assembly,person,vehicle or animal participating in an
authorized commercially related special event or free expression activity.
•
B. Vehicle Parking Restrictions: The mayor or designee shall have the authority, when
reasonably necessary,to prohibit or restrict the parking-of vehicles along streets or highways
or parts thereof constituting part of the route of authorizedic;ommercially relayed special
event or freeexpression activi ll'Ile*it '° ' *
ty� �tt�ihs�or 'tIbh��i �kr� other'=desigria�ed city
officer'shall post signs to°such eff j d`ut ' �< s. ei n ���R=.
ty-p , prk br`leave
unattended any vehicle'in violation`fhereij ` d 1 13 93- ' , 3 "'`3`}=''
3.50.230 'Distributing Items From Parade Vehicles:"
The city council expressly finds that a number of children have been injured as they have run into the streets to
gather items distributed from vehicles in a parade,and it is declared unlawful to dispense items,including candy,
from vehicles or by participants engaged in commercially related special events or free expression activities within •
the corporate limits of Salt Lake City;except that individuals walking safely apart from vehicles may hand items
directly to spectators.(Ord.23-93 §4, 1993)
3.50.240 Regulations For Public Property Adjacent To Event Routes:
The following shall apply to public property adjoining routes and staging areas for authorized commercially related
special events or free expression-activities and it shall be unlawful for any person to violate these provisions:
A. Time Restrictions: Before eight o'clock(8:00)P.M. of the day before the authorized
commercially related special event or free expression activity, no person shall actually claim or
attempt to claim, reserve, occupy or otherwise control public property either.in person or by
the placement of any object. Prohibited claiming activities include, but are not limited to, the
placement of ropes, chairs, blankets, banners or vehicles or barriers of any kind.
B. Reserving Public Space: From and after eight o'clock(8:00)P.M. of the day before an
authorized commercially related special event or free expression activity,a person may -
•
physically occupy a position on public property and may use a blanket, sleeping bag or chair
to reserve the position for that'person only.No person may,reserve a space for anyone other -
than himself or herself. No person may claim or attempt to reserve any public property for
himself or herself or others by placement of ropes, tents,barricades or other barriers.
C. Enclosed Shelters Prohibited:No person shall place, erect, use or employ any tent or other
enclosed shelters,including including vehicles or trailers, on public property along the route or staging
areas of any authorized commercially related special event or free expression activity at any
time. .
D. Obstruction Of Public Rights Of Way:No person shall obstruct public sidewalks, paved
portions of streets, or occupy any unsafe position or occupy a position which may cause
damage to public or private property. • .
• E. Vehicle Parking Restrictions:From and after eight o'clock(8:00)P.M. of the day before an
authorized commercially related special event or freeexpressi n activity and o continuing until
,o rno ; '.n park a motor vehicle,or
the conc�usdon�_5. ��,r-:�tr.:j�,� �ers°a,,s�isll - . trailer or't�t trailer on� .
streets lesigt�:ated jr dtp as a route for an.authorized commercially r elated special
-event or,free expression activity:`d_ illy motor.vehicles or trailers which are entries or parts
thereof in an authorized co mmercially related special event or free expression activity are-
allowed to be in the areas designated as staging areas. Any vehicle,motor vehicle,trailer or
-. tent-trailer.parked in violation of this section is a public-nuisance and maybe towed from the
. prohibited area at the owner's expense. - -
F. Reserved Spectator Viewing Areas: As part of the permit process,the mayor or the mayor's
-designee may authorize: ' - •• •� . .
1.,.The city to.reserve places for the observation of an authorized commercially related special
event or free expression'activity_and to erect and control seating on such reserved public
property;and .
2. The permit holder to reserve,areas for Observation of an authorized commercially related ,
special event.or free expression activity and to erect and control seating in the reserved areas.
. G. Dogs Prohibited: From and after.eight O'clock(8:00)P.M. of the night before an authorized
commercially related special event or free expression activity all dogs, except for service
' animals and,dogs who are actually-part of the authorized commercially related special event or
free expression activity shall be prohibited on public property along the route and staging
areas whether or not such dogs are leashed. This subsection shall not prohibit the owners of
dogs who live adjacent to the,route from taking their leashed dogs on walks to and from their •
-
- property using the most direct route away from the route. "Service animals" referred to in this
subsection shall mean.any dog specially trained to accompany the blind, visually handicapped,
hearing impaired, or otherwise physically disabled person. (Ord. 63-96 § 1, 1996: Ord. 23-93
§ 4, 1993)
3.50.250 Violations:
Any person who violates any provision of this chapter is guilty of a class B misdemeanor. (Ord.23-93 §4, 1993)
OLYMPICS FREE SPEECH REGULATIONS
Introduction and Findings Regarding Governmental Interests
Whereas,from February 6, 2002 through February 24, 2002, Salt Lake City(the
"City")will be hosting the 2002 Winter Olympic Games(the"Olympics"); and
Whereas,during the Olympics the City will host a downtown festival that will
include entertainment, art,food and beverage,and other activities primarily on
Washington Square,Main Street,and 300 South;and
Whereas,the City is granting to the Salt Lake Organizing Committee for the
Olympic Winter Games of 2002("SLOC")a permit to use several square blocks of City-
• owned property in downtown and certain other City-owned property to host the Olympics
and related events;and
Whereas,a portion of the downtown area permitted to SLOC will comprise the
Salt Lake Olympic Square(the"Olympic Square");and
Whereas,the Olympic Square and Washington Square will be fenced secure areas
during the Olympics, and magnetometers and bag check stations will be in use at the
entrances; and
Whereas,the Olympic Square will be enclosed by an opaque fence, with ingress
and egress limited to three locations; and
Whereas,the City expects that approximately 275,000 visitors will come to the
City during the Olympics; and
Whereas,the influx of visitors and the staging of the Olympics and the downtown
festival in the City will create unusual situations and implicate special and significant
governmental interests;,and
Whereas,the presence of the Olympics and the downtown festival in the City will
necessitate the temporary closure of certain downtown streets to vehicular traffic; and
Whereas, SLOC will use Pioneer Park as a transportation hub for persons using
shuttle buses to gain access to the downtown permitted area; and
Whereas, SLOC has requested exclusive rights in the Olympic Square, and the
City deems it necessary and desirable to grant to SLOC such rights in that area; and
Whereas, the Olympics will be a large-scale special event of SLOC, and SLOG
and its sponsors have a particular message that they desire to communicate at the
Olympics, and that message is entitled to legal cognizance; and
Whereas, the City has an interest in protecting SLOC's right to exercise its speech
rights free from undue interference,and SLOC's right not to be forced to adopt a message
not its own, within the areas permitted to SLOC; and
Whereas,the United States Secret Service, UOPSC, and the Salt Lake City Police
Department have advised that no demonstration areas should be designated inside the
Olympic Square; and
Whereas,the City has a significant interest in protecting visitors within the
confined area in the Olympic Square from being a captive audience to messages they
choose not to see or hear and from which they cannot effectively turn away;and
Whereas,the United States Secret Service and other law enforcement entities
have advised the City that loud noises interfere with the proper operation of...
magnetometers,and have advised the City to require demonstrators to be sufficiently far
away from the magnetometers to avoid such interference;and
Whereas,following the terrorist attacks on the United States on September 11,
2001,the United States Secret Service,the Utah Olympic Public Safety Command,and
the Salt Lake City Police Department have advised the City of the need for a significantly
heightened state of security against threats and danger to public safety in the City during
the Olympics; and
Whereas,the United States is in a military action against terrorists,which
heightens security concerns with respect to the Olympics and the downtown festival; and
Whereas,the City is aware that several protest groups, including some advocating
violence,have stated their intention to come to the City to protest during the Olympics;
and
- Whereas, as a result of the need for heightened security and the increase in other
public services required, the City's limited police and other public safety personnel will
be stretched far beyond their normal capacity, including their capacity to monitor and
deal with demonstrations and other free speech activities; and
Whereas, in order to prevent the problems experienced during prior Olympics, the.
City has an interest in having the Olympic Square and Washington Square be secure
areas, in order to prevent persons from taking weapons,bombs or other disruptive
devices into those areas where thousands of people will be gathered with limited means
of egress; and • .
•
2-
Whereas, if an emergency occurs within the Olympic Square or Washington
Square, emergency personnel must be able to readily and quickly enter and move through
those squares to address the emergency, and the presence of large groups of
demonstrators,and persons listening to the demonstrators could interfere with such
emergency efforts; and
Whereas, in case of disorder or riot within the Olympic Square or Washington
Square,law enforcement personnel must be able to control the situation within the
confined space of those squares; and
Whereas,standard crowd-control techniques that aim to disperse crowds will not.
work in the confined space of the Olympic Square and Washington Square due to the
lack of available area and the limited number of exits; and
Whereas,the City's Police Department has advised the City that sticks,poles,or
other rigid supports can readily be used as weapons to hit or.poke other persons;and
Whereas,the City has a significant governmental interest in preventing such Use
of sticks,poles,or other rigid materials in areas of high concentrations of people and
limited means of escape, such as the Olympic Square and Washington Square;and
Whereas,the Olympics and the downtown festival will result in greatly increased
'' pedestrian traffic on certain streets and sidewalks,and the City has a significant
110 governmental interest in avoiding the disruption of traffic flow caused by the presence of
temporary structures or large groups of demonstrators on those streets or sidewalks; and
,,,,,:;,:Whereas,the shuttle bus system in Pioneer Park will greatly increase the numbers
of people in the Park, and the City has an interest in seeing that those persons are not
unreasonably hindered in using the shuttle bus system; and
Whereas,the City has a significant interest in allowing all groups to communicate
their messages during the Olympics, and not to let one or only a few speakers dominate
the most desirable locations and times for speech; and
Whereas,the"City-has authority under the United States Constitution to adopt
reasonable content-neutral time,place, and manner regulations of speech in the City; and
Whereas,the City believes that the best way.to give as many demonstrators as
possible the opportunity to communicate to the Olympic audiences is to require
communicators within the permitted areas and Washington Square to apply for and use
limited blocks of time and specific locations for their demonstrations; and
Whereas,the following regulations are narrowly, tailored to address the foregoing
governmental interests because they are not substantially broader than necessary and
promote substantial government interests that would be achieved less effectively absent
the regulations; and
• 3
Whereas, numerous areas outside the Olympic Square are available for speech
activities, including all traditional public forums outside the permit area granted to
SLOC, designated demonstration areas near the entrances to the Olympic Square, and in
Pioneer Park; and
Whereas,those areas provide to people seeking to express views and ideas
meaningful access to people entering and exiting the Olympic Square, Washington
Square, and the other Olympic-related areas, and
Whereas,the City has significant governmental interests with respect to the
Olympics,including but not limited to those identified above;
Now,therefore,the Mayor hereby adopts these regulations to further those
governmental interests,which regulations are intended to be narrowly tailored to address
those governmental interests and to provide legally required alternative methods and
•
places of communication in full compliance with law.
I:`" 'Defmtlons.
"Demonstration"includes demonstrations,picketing,speechmaking,marching,
holding vigils or religious services,and all other like forms of conduct which involve the
communication or expression of views or grievances, engaged in by three or more
persons.
•
"Demonstrator"means aperson participating in a demonstration.
p P g
II. Generally Applicable Speech Regulations.
. A. Prohibited materials.
Because of the need to protect the safety of the public,the following items may
not be taken into designated demonstration areas:
1. Flammable liquids or gelatins, or other chemical, incendiary, or explosive
devices or substances
2. Firearms, firearms parts or ammunition, or replicas of firearms
3. Electric stun devices
4. Pepper spray
5. Metal or plastic chains
6. Rope
7. Cable
8. Handcuffs
9. Key locks, combination locks, or bicycle locks
10. Metal or plasticpipe
11.= Gas masks
4
•
12. Extendable batons
13. Hockey sticks
14. Ski or hiking poles
15. Ball bearings
16. Glue or epoxy
17. Containers of unidentifiable liquids
18. Containers of unidentifiable powders
19. Aerosol containers
20. Shields or body armor
21. Fireworks
22. Saw blades
23. Tiki-torches
24. Super-soaker squirt,guns
25. Liquid paint .
26. Eggs �� V
21. t,. ,E�arga$ ..':
28. ? la�,fisf-.'rfc;,jr� '
Slingshots _ •
.. ;
29. Wire,fishing line or filament,or balls of yarn
30. Oil
31. Marbles '
32. Glass jars V
33. Small animals
34. 'Edged weapons,such as knives,swords and spears
111 35. Other objects that can be usedas weapons,including,without limitation,
baseball bats or large pieces of wood,metal,or other rigid materials.
B.„ Demonstration Areas.
1. Demonstrations within the shaded areas on the attached maps may be held
only within a designated demonstration area,if any, shown on the maps.
2. Demonstrators may not enter,the demonstration area prior to their
scheduled start time and must exit the demonstration area immediately at the end of their
scheduled time. V
3. Each group using the demonstration areas must designate a group
coordinator in the application for a permit to use the demonstration area. The group
coordinator must keep a copy of the permit on site at all times during the demonstration,
and the permit is subject to inspection by any police officer or authorized official of the
City. -
4. , The group coordinator must identify himself/herself to an on-site police
officer prior to the start of the demonstration,if such an officer so requests.
•
5. Salt Lake City Police will attempt to make all'necessary communications
• during the demonstration through the group coordinator.
5
6. Demonstrators must abide by all applicable federal, state and local laws.
7. Salt Lake City Code §14.20.110 prohibits persons from interfering with
pedestrian traffic by setting up tables on the sidewalks or curb area from which to
distribute literature,pamphlets, or other materials. The group may ask permission of
private residents or businesses to set up tables on their property,or it may hold papers
and clipboards for signatures. The permit does not constitute permission to use privately
owned property.
8. Demonstrators must comply with Salt Lake City Code §11..36.140,which
regulates the placing of printed material on vehicles.
9. Demonstrators must comply.with Salt Lake City Code Chapter 5"A6,which
regulates the distribution of material for"commercial"advertising.'
10. Demonstrators must respect the constitutional rights of u iv iduals who
choose to ignore their demonstration or offer of literature.' ` . ,
11. Demonstrators may not initiate adverse safety conditions by attempting to
distribute literature to vehicles in traffic lanes,or to passengers in stationary or moving
vehicles. All regulations pertaining to vehicular traffic must be obeyed.
12. Demonstrators may not block sidewalks,driveways,entrances, streets or
any public way. •
13.. Demonstrators may not unlawfully interfere with other lawful activities
(including,without limitation,vending or artistic displays or performances)in the
vicinity of the demonstration or the activities of adjacent businesses.
14. Demonstrators may not engage in activities that obstruct or impede
pedestrians or vehicles,or harass bystanders with physical contact.
15.. Demonstrators may not tie,nail, or otherwise physically attach any
banners, signs,pictures, instructional materials, symbols, or other personal property to
any City property.
16. The group coordinator is responsible for ensuring that the demonstrators
obey these regulations.
17. The demonstrators.are responsible for clearing the site at the end of the
demonstration, including removing all signs, leaflets, candles, or other materials.
18. Subject to Salt Lake City Code § 3.50.170, demonstrations out of
compliance with these guidelines will have their permit revoked and the participants may
be required to leave the premises.
•
•
11 C. Permits and Reservation of Times to Use Demonstration Areas
The City recognizes that many persons may be interested in applying to use the
designated demonstration areas during.the Olympics. The regulations in this section are
intended to give the largest possible number of different groups the opportunity to use the
demonstration areas during the most desirable times.
1. Subject to Section IV below regarding certain short-term free expression
activities,persons desiring to demonstrate in a demonstration area must apply for and
obtain a permit from the Mayor's designee. An applicant must request a particular block
of time for the demonstration. The City shall provide a form of application and permit.
2. Groups of demonstrators'will be limited to 50-minute blocks of time(with
a ten-minute period to leave the demonstration area and:aIlosy, he next group to enter the
area)for their demonstrations. Subject to the following limitations;the blocks of time
will be allocated to gro s,on a first-in-time=l asis,::based,.on
x uP , , ,��!lien�the,Cityreceives their
fully executed applications. > _., r r , ";
3. Before January 1,2002,no group will be granted a permit to demonstrate
in,a particular demonstration area for more than one 50-minute time block in any one
. day,nor for more than two 50-minute time blocks during any one seven day period.
4, On or after January 1,2002, and before January 15,2002;groups may
apply for unreserved blocks of time,but will not be granted a permit for more than one
.50-minute block in any one day,nor for more than four 50-minute time blocks during any
one seven-day period.
5. On or after January 15;2002,.and before January 30, 2002,groups may
• apply for unreserved blocks of time,but will not be granted a permit for more than three
50-minute blocks in any one day,nor for more than six 50-minute time blocks during any
one.seven-dayperiod.
6. On or after January 30,2002,'groups may apply for unreserved blocks of
time, and permits for such blocks of time may be granted on a first-come, first-served
basis, without regard to the number of blocks of timepreviously reserved by such groups.
D. Temporary Structures
-- Temporary structures of obstructions may not be erected in the following
locations' "
_ 1. Public sidewalks and streets inside the shaded areas shown on the
attached maps; or .. "
2. In Pioneer Park, except for any stage to be erected by the City.
E. Signs and Placards
1. Within the Olympic Square and Washington Square.
No signs or placards shall be permitted within the Olympic Square or Washington
Square except those made of cardboard,posterboard,or cloth,having dimensions no,
greater than three.feet in width, six feet in length, and one-quarter inch in thickness. No
rigid supports(such as sticks or poles) for such signs or placards shall be permitted.
2. Outside the Olympic Square and Washington Square. •
The foregoing limitations do not apply to signs or placards outside the Olympic
Square or Washington Square.
F. Parcels and Packages , • ,
No parcel,container, ac 'attired,p package,bundle,or other property shall,be placed or '
• • or left unattended,on public'sidewalks or streets,or within designated-demonstration
areas.
G. Sound Amplification
Demonstrators must comply with the noise regulations in Salt Lake City Code
-Chapters 9.28 and 12.89, and with the noise regulations of the Salt Lake Valley Health
• Department.
III. Special Regulations Applicable to Particular Places.
Except as provided below, demonstrations will be prohibited from February 7,
2002 through February 24, 2002, in the shaded areas on the attached maps , including
without limitation the following: Pioneer Park; the sidewalks adjacent to the Little
America Hotel located on the west side of Main Street between 500 South and 600 South;
300 South Street between'the West side of Main Street and the west side of 400 West; the
sidewalks paralleling 500 South between 1300 East and Guardsman Way; Guardsman's
Way between 500 South and Sunnyside Avenue; Washington Square; the Salt Lake
Olympic Square; and the Gallivan Center.
Except as otherwise provided herein, demonstrations in those place's may be held
only following compliance with the permit requirements in these regulations. '
•
•
• ,
8
•
PIONEER PARK
A. Demonstration Area
In Pioneer Park, organized demonstrations will be allowed only within the
demonstration zone shown on the attached map. A maximum of 500 people will be
allowed to demonstrate at any one time in the demonstration zone.
B. Drums and Noisemaking Devices.
In Pioneer Park,demonstrators may not take into a demonstration area any radio
receiving set,musical instrument,television,phonograph,drum,or other machine or
device for the production or reproduction of sound.
C. Demonstrations Outside the Demonstration Area
In Pioneer Park,individuals and groups of two or fewer persons may demonstrate
at any place without.a permit from the City,provided that they do not interfere with
persons entering,departing from,or waiting for vehicles.
AREAS NEAR ENTRANCES OF OLYMPIC SQUARE
The following regulations apply to the areas located at South Temple and West
Temple.(on the sidewalk), South Temple and 200 West(on the sidewalk),North Temple
and 400 West(under the viaduct),
Persons who enter the Olympic Square will be required to pass through
- . magnetometers in order to further the governmental interest in public safety within the
• Square. The Untied States Secret Service,the Salt Lake City Police Department and the
Utah Olympic Public Safety Command("UOPSC")have advised the City that the noise
level typically caused by groups of protesters can.adversely affect the operation of
magnetometers by making it difficult for persons monitoring the magnetometers to hear
the beep of the machines. For that reason,those public safety experts have advised the
City,to keep demonstrations at least.100 feet away from the end of the queueing line of
people waiting to enter the Olympic Square.
Demonstration Areas
Demonstrations near the entrances of Olympic Square will be allowed only within --
•the demonstration areas shown on the attached map. The following are the maximum
numbers of people that will be allowed to demonstrate at any one time in the particular
demonstration areas: (1)North Temple and 400 West—30 people; (2) South Temple and
West Temple—20 people; and (3) South Temple and 200 West—5 people.
9
UNIVERSITY OF UTAH
500 South
500 South is a state-owned road. It will be closed to the public from 2:00 p.m. to
10:00 p.m. on February 6, 8, and 24,2002. That street will be used for transporting
athletes and for use by emergency vehicles. The sidewalks will be closed to pedestrian
traffic. In addition, the United States Secret Service has imposed a 300-foot"blast zone"
around Rice-Eccles Stadium,within which pedestrians will not be allowed due to the
danger of explosions. That blast zone encompasses much of the sidewalk area on 500
South between 1300 East and Guardsman's Way.
The City understands that the State of Utah will create a 125 foot by 25 foot
demonstration area within 500 South Street east of 1300 East Street,near the University
of Utah.Persons are advised to contact the Utah Department of Transportation for
information about use of that demonstration area.
PARADE ROUTE ON 300 SOUTH STREET
A. Parade Route
Organized parades or processions by groups of three or more people will be
allowed only on the parade route shown on the attached map. Such parades or
processions will be allowed only between the hours of 10:00 a.m. and 1:00 p.m.
-B. Obeying Regulations and Laws
If the march takes place on the sidewalks, the group must obey all regulations and
laws relating to vehicular and pedestrian traffic. The group must cross at the proper
locations, using sidewalks, cross walks, and light signals/semaphores, and exercise all
safety precautions.
IOC/LITTLE AMERICA HOTEL
No demonstration areas will be designated in the shaded area surrounding the
hotel. However,persons may demonstrate on the streets and sidewalks outside the shaded
area but near the hotel as provided in Chapter 3.50, Salt Lake City Code.
GALLIVAN CENTER
The Gallivan Center will be leased to a private entity during the Olympics.
10
Demonstration Area
Demonstrations inside the Gallivan Center will be allowed only within the
demonstration area inside the Gallivan Center shown on the attached map. A maximum
of 10 people will be allowed to demonstrate at any one time in the demonstration area.
WASHINGTON SQUARE
A. Demonstration Area
•
Demonstrations at Washington Square will be allowed only in the demonstration
area adjacent to Washington Square shown on the attached map. A maximum of 50
people will be allowed to demonstrate at any one time in the demonstration area.
B. No Signs or Banners.
No signs or banners will be allowed inside Washington Square.The presence of
signs or banners could block the view of persons desiring to see the entertainment or
other activities within this enclosed and secure area,and could be used to hide the
unlawful drinking of alcoholic beverages.
IV. Permit Requirements
A. Applicability of Chapter 3.50,Salt Lake City Code.
1. Except as otherwise provided in these regulations, the provisions of Chapter
3,50,Salt Lake City Code, including the appeal procedures, shall apply to free expression
activities occurring during a large-scale special event.
2. With respect to portions of the City outside the shaded areas shown on the
attached maps, if it is not reasonably possible to obtain a permit for a short-notice free
expression activity, a permit is not required. However, such activities may not
unreasonably interfere with the movement of police, fire, amliulance,'or other emergency
vehicles or the provision of public health, safety, and welfare services so as to create an
immediate clear and present danger to public health, safety,or welfare. Furthermore, such
activities may not.block or impede vehicular or pedestrian travel or violate City
ordinances related to parking, vehicular traffic,or pedestrian crossings.
3. The advisory committee created by§ 3.52.030,Salt Lake City Code, shall
perform the function of the events review committee under Chapter 3.50,Salt Lake City
Code,with respect to free expression'activities. The mayor or the mayor's designee
under Chapter 3.52,Salt Lake City Code, shall perform the functions of the event
coordinator under Chapter 3.50, Salt Lake City Code,with respect to free expression
activities.
•
11
4. The time for approving permit applications, including any demonstration
application under Chapter 3.52, Salt Lake City Code, shall be as provided in Section V
below.
V. Permit Applications
A. Permit Deemed Granted When Not Denied.
A permit shall be deemed granted if not denied within the number of days or
hours specified below as calculated from the time and date of receipt by the Mayor or the
Mayor's designee of a duly completed application:
1. Prior to January 8,2002: seven business days;
2. On or after January 8,2002,and before January 20,2002: four business days;
3. On or after January 20,2002,and before February 1,2002:three business
- . - days. .,::' ) ;;ir ,�' ._� r3 ;:r
t s>
4. On or after February 1,2002,and before February 8,2002,:two business days;
and
5. On or after February 8, 2002,three hours.
B. Grounds for Denial of Permit.
1. In addition to the grounds listed in§ 3.50.110(A), (B) and (C),Salt Lake City
Code, and subject to subsection(2)below, a permit shall be denied if the Mayor's
designee makes any of the following findings: _
a. A prior application has been received for the same time and place, and both
demonstrations cannot be accommodated. In such case,the City shall offer to the
applicant a reasonable alternative location or time for the proposed demonstration, if such
location and time is available. -
b.The proposed demonstration presents an imminent•clear and present danger to
the public safety, good order, or health.
c. The proposed demonstration is of such a nature or duration that it cannot
reasonably be accommodated in the particular area applied for. In such a case, the
mayor's designee must offer an alternate site for the demonstration.
d. The application proposes activities contrary to the provisions of these
regulations or other applicable laws or regulations..
•
•
12
2. If the Mayor's designee makes any of the findings listed in subsection(1), he
• or she may conditionally grant the application subject to modifications or conditions
designed to eliminate the problems indicated by those findings. Any applicant who
receives such a conditional approval and proceeds with the demonstration shall be
deemed to have agreed to the modifications or conditions contained in such approval
3. Unless one of the grounds listed in Section 3.50.110(A),(B)or(C),Salt Lake
City Code, or listed in paragraph(1)above,exists,the City shall grant the requested
permit. A denial of a permit application may be appealed in the manner provided in
Chapter 3.50,Salt Lake City Code. Following such appeal,an applicant dissatisfied with
the result of the appeal may seek judicial remedies.
ADOPTED: November 6,2001
By
Ross C.Anderson,-Mayor
•
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it CITY SERVICES AGREEMENT ➢g 4111E7. ——
s i; _ SALT LAKE/.I [Fi.jili SALT LAKE ORGANIZING COMMITTEE r
a V _ PERMIT AREAS f taLy1% E(i OLYMPICWINTGAMESO F2002
11p6 «„
Spectator Loading Zone Al U of U I' ,S
1 - Sall Lake Cily.Utah 4::45a<
SALT r `CITY CORPORATION:
ALISON GREGERSEN WEYHER - - --�,
- - ���� _=+�+- ���-�-� -- ROSS C. "ROCKY" ANDERSON
DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR
COUNCIL TRANSMITTAL
TO: Rocky Fluhart, Chief Administrative Officer Date: January 3, 2002
FROM: David Dobbins/ , ,.-'-(
RE: An amendment to the City's regulations of free expression activities.
STAFF CONTACT: David Dobbins
DOCUMENT TYPE: Ordinance
DISCUSSION: While drafting the free speech regulations for the
Olympics, the Administration focused on the requirement that persons holding advance
planned demonstrations and protests must pay a $100 permit application fee under the
current ordinance, Chapter 3.50. The Administration believes that such a fee will make it
difficult for many speakers to express themselves in the City's demonstration areas,
especially because some groups will want to demonstrate multiple times during the
Olympics, and multiple $100 fees could be financially oppressive. Therefore, a $5 permit
fee is proposed instead of the $100 fee.
Also, the City has an interest in learning about organized free expression events in
advance so it can do any necessary planning regarding use of City services relating to the
event. However, because under the Constitution spontaneous expression cannot be
subjected to the prior restraint of a permit requirement and a fee, Chapter 3.50 does not
require a permit or fee for such short-term free expression activities. Consequently, the
City's current $100 fee requirement creates an incentive for speakers not to notify the
City in advance of their planned activities, instead waiting until shortly before the event
so they can use the exception to the permit requirement. This Administration believes
that reducing the fee to $5 will benefit the City by resulting in more advance notice for
such activities.
451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH 841 1 1
TELEPHONE: S01-535-6230 FAX: B01-535-6005
o
SALT LAKE CITY ORDINANCE
No. of 2002
(Reducing from $100 to $5 the Application Fee for Free Expression Activities)
AN ORDINANCE AMENDING CHAPTER 3.50 OF THE SALT LAKE CITY
CODE, RELATING TO COMMERCIALLY RELATED SPECIAL EVENTS AND
FREE EXPRESSION ACTIVITIES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 3.50.030 of the SALT LAKE CITY CODE shall be, and the same
hereby is, amended to read as follows:
A. Permit Requirements. Advanced planned free expression activities shall
comply with Sections 3.50.050 (permit required), 3.50.060 (peinuit application), 3.50.070
(one hundred dollar fee); 3.50.080 (routes and locations), 3.50.100 (insurance), 3.50.120
(permit issuance - advanced planned free expression activity), 3.50.150 (peiiuit
possession), and 3.50.180 (conflicting applications), except that the requirement for
insurance as provided by Section 3.50.100 shall be waived unless the activity involves
the use of fireworks or other similarly extraordinarily hazardous features.
B. Provisions of Basic City Services. The city shall provide basic city
services for advanced planned free expression activities at no cost to the applicant,
sponsor or participants. Any city services beyond the basic city services will be provided
only if recovery of city costs has been agreed to between the city and the applicant or
sponsor.
SECTION 2. That Section 3.50.070 of the SALT LAKE CITY CODE shall be, and the same
hereby is, amended to read as follows:
Along with the application for a commercially related special event permit, the
applicant shall pay a fee in the amount of one hundred dollars as partial reimbursement to
the city for administrative and processing expenses related to the application. Alone with
the application for a free expression activity permit. the applicant shall pay a fee in the
amount of five dollars as partial reimbursement to the city for administrative and
processing expenses related to the application.
SECTION 3. EFFECTIVE DATE. That this ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this day of
2002.
CHAIRPERSON
ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: ❑Approved ❑Vetoed
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. of 2001
Published:
G:\Ordinance02\Amend Chapter 3.50-special events-Nov.20,2001 -Version 2.doc
SALT LAKE CITY ORDINANCE
No. of 2002
(Reducing from $100 to $5 the Application Fee for Free Expression Activities)
AN ORDINANCE AMENDING CHAPTER 3.50 OF THE SALT LAKE CITY
CODE, RELATING TO COMMERCIALLY RELATED SPECIAL EVENTS AND
FREE EXPRESSION ACTIVITIES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 3.50.030 of the SALT LAKE CITY CODE shall be, and the same
hereby is, amended to read as follows:
A. Permit Requirements. Advanced planned free expression activities shall
comply with Sections 3.50.050 (peuiiit required), 3.50.060 (permit application), 3.50.070
(fee); 3.50.080 (routes and locations), 3.50.100 (insurance), 3.50.120 (peiiuit issuance -
advanced planned free expression activity), 3.50.150 (peiiiiit possession), and 3.50.180
(conflicting applications), except that the requirement for insurance as provided by
Section 3.50.100 shall be waived unless the activity involves the use of fireworks or other
similarly extraordinarily hazardous features.
B. Provisions of Basic City Services. The city shall provide basic city
services for advanced planned free expression activities at no cost to the applicant,
sponsor or participants. Any city services beyond the basic city services will be provided
only if recovery of city costs has been agreed to between the city and the applicant or
sponsor.
SECTION 2. That Section 3.50.070 of the SALT LAKE CITY CODE shall be, and the same
hereby is, amended to read as follows:
Along with the application for a commercially related special event permit, the
applicant shall pay a fee in the amount of one hundred dollars as partial reimbursement to
the city for administrative and processing expenses related to the application. Along with
the application for a free expression activity permit, the applicant shall pay a fee in the
amount of five dollars as partial reimbursement to the city for administrative and
processing expenses related to the application.
SECTION 3. EFFECTIVE DATE. That this ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this day of
2002.
CHAIRPERSON
ATTEST:
APPROVED AS TO
FORM
Ofiice
Salt Lake City St
Date � Z-zv•-o/
CHIEF DEPUTY CITY RECORDER
By
Transmitted to the Mayor on
Mayor's Action: ❑Approved ❑Vetoed
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. of 2001
Published:
G:\Ordinance02\Amend Chapter 3.50-special events-Nov.20,2001 -Version 2clean.doc
MEMORANDUM
DATE: January 11,2002
TO: City Council Members
FROM: Russell Weeks
RE: Proposed Ordinance Prohibiting Wearing Masks With the Intent to Perform or
While Performing Specified Criminal Activities
CC: Cindy Gust Jenson,Rocky Fluhart,Police Chief Rick Dinse,Assistant Chief Scott
' Folsom,Gary Mumford
This memorandum addresses a proposed new ordinance that would prohibit the wearing
of a`mask,hood,or other device that alters one's facial appearance ... with the intent to avoid
identification while engaged in conduct prohibited by law"or while inviting"another person or
group of persons to riot."The Police Department has proposed the ordinance. •
Options
The City Council appears to have three options:
•
• Adopt the proposed ordinance.
• Do not adopt the proposed ordinance.
• Amend the proposed ordinance to include the April 30,2002,sunset date contained in
• City Code Chapter 3.52 titled Large-Scale Special Events of National or International
Significance.
Issues/Potential Questions for the Administration
Is there value to the City in continuing the proposed ordinance beyond the conclusions of
the 2002 Winter Olympics and Paralympics?'
Discussion/Background
As the Administration's cover letter says,Police Chief Rick Dinse has proposed the
ordinance.For some time,the Police Department has been concerned that events such as the 2002
Winter Olympics might attract well-organized groups with the sole intent of turning peaceful.
demonstrations into violent situations. Incidents such as that have occurred in the United States,
perhaps most notably during the World Trade Organization meeting in Seattle about two years
ago.
The proposed ordinance would make it a Class,B misdemeanor to conceal one's face"in
any public place with the intent to: (1)avoid identification,while engaged in conduct prohibited
1
by law; or(2)invite another person or group of persons to riot."Convictions of a Class B
misdemeanor carry a six-month jail sentence,a$1,000 fine or both.
It should be noted that to be charged under the proposed ordinance a person must have
been engaged in conduct prohibited by law or have invited other people or groups to riot.The
ordinance does not prohibit a person from wearing facial covering to protect one's face from cold
temperatures. It does not appear to prohibit wearing a mask or covering one's face as part of
activities protected by the Constitution's First Amendment during peaceful demonstrations.
One issue the City Council may wish to consider is whether there is value to the City to
retain the proposed ordinance—if it is adopted—in the City Code after the conclusion of the
Winter Olympics and the Paralympics or whether the proposed ordinance is so specific to the two •
events that it could sunset when the events end.
•
•
•
SALT r ate;C, TY Gt_, I_POI;Oj
rf, �.. :
POLICE DEPARTMENT
November 21 2001
CHARLES F. "RICK" DINSE ROSS C. "ROCKY" ANDERSON
CHIEF OF POLICE MAYOR
Rocky Fluhart
Chief Administrative Officer
City & County Building
451 South State Street
Salt Lake City, Utah 84111
Subject: Ordinance Prohibiting Wearing Masks
Dear Rocky:
I would like to recommend the attached ordinance for consideration and presentation to
the Salt Lake City Council. In light of several well known incidents occurring around the
nation, this ordinance would provide a valuable tool for law enforcement.
This ordinance would not require funding.
In several incidents across the nation, masked demonstrators blatantly broke numerous
laws and ordinances while violently pursuing their individual agendas. Apprehension
and subsequent trial and conviction were severally hampered by concealed identities.
The assumed security of a hidden identity may also add to the "Mob mentality"in a riot
situation. Our greatest concern, however, is with violent protest leaders using masks to
conceal their identities and evade appropriate prosecution for acts such as destruction of
property, inciting a riot, or acts of violence against citizens and police officers.
This ordinance would allow police officers the ability to act against crowd problems
quickly, before any violence begins.
If you have any questions please contact Assistant Chief Scott Folsom, 799-3805.
Sincerel ,
CHARLES F. "RICK"DINSE
Chief of Police
CFD/dh
315 EAST 200 SOUTH, SALT LAKE CITY, UTAH 841 1 1
TELEPHONE: 801-799-3000 FAX: 801-799-3557
®Recre Leo annex
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SALT LAKE CITY ORDINANCE
No. of 2001
(Enacting New Section 11.12.110 of the Salt Lake City Code)
AN ORDINANCE ENACTING NEW CHAPTER 11.12.110 OF THE SALT LAKE
CITY CODE TO PROHIBIT WEARING MASKS WITH THE INTENT TO PERFORM OR
WHILE PERFORMING SPECIFIED CRIMINAL ACTIVITES.
Be it ordained by the City Council of Salt Lake City, Utah, as follows:
SECTION 1. A new Section 11.12.110 of the Salt Lake City Code is hereby enacted to
read as follows:
11.12.110 Wearing Masks With Intent To Commit a Crime is Prohibited.
A. Wearing mask prohibited. While wearing a mask, hood, or other device that
alters one's facial appearance, no person shall be or appear in any public place with the intent to:
(1) avoid identification, while engaged in conduct prohibited by law; or (2) invite another person
or group of persons to riot.
B. Definitions.
1. "Intent" means that design, resolve, deteumination, demonstration of will, or other
mental state revealed from the spoken word, uttered sounds, acts or behavior which, when
viewed under a totality of circumstances and inferred from facts, consummates in an outward
corporal act or which effects a certain result.
2. "Public place"means a physical location within the corporate limits of Salt Lake
City, including private property, to which members of the public not holding an ownership
interest in such location have legal access. It includes but is not limited to premises holding state
or City licenses to do business, including those which exclude minors, and all places of public
accommodation under state law. However, the term does not include private dwelling areas or
other locations where a person has a reasonable expectation of privacy.
3. A violation of this section shall be punished as a Class B Misdemeanor.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2001.
CHAIRPERSON
ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to Mayor on
Mayor's Action: DApproved OVetoed
MAYOR
ATTEST:
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CHIEF DEPUTY CITY RECORDER
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(SEAL)
Bill No. of 2001
Published:
G:\Ordina0l\Wearing Masks.doc
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