023 of 1993 - Commercially Related Special Events0 93-1
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SALT LAKE City ORDINANCE
No. 23 of 1993
(Commercially Related Special Events
and Free Expression Activities)
AN ORDINANCE ENACTING CHAPTER 3.50 OF THE SALT LAKE CITY
CODE, RELATING TO COMMERCIALLY RELATED SPECIAL EVENTS AND FREE
EXPRESSION ACTIVITIES; REPEALING CHAPTER 12.72; AMENDING SECTION
11.12.020; AND, AMENDING SECTION 15.08.190 OF THE SALT LAKE CITY
CODE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 12.72, attached and incorporated by
reference, be, and the same hereby is, repealed.
SECTION 2. That Section 11.12.020 be amended to read as
follows:
11.12.020 Disturbing the peace.
A.
* * *
* * *
1.
* * *
3. Intending to cause inconvenience, annoyance or
alarm or recklessly creating a risk thereof:
a.
* * *
* * *
e. Obstructs vehicular or pedestrian traffic
except as allowed pursuant to the provisions of chapter
3.50.
SECTION 3. That Section 15.08.190 be, and the same hereby
is, amended to read as follows:
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15.08.190 Unauthorized assembly.
No person shall conduct, carry on or participate in any
Commercially Related Special Event or Free Expression Activity in
any City park except pursuant to the provisions of Chapter 3.50.
SECTION 4. That Chapter 3.50 of the Salt Lake City Code,
relating to Commercially Related Special Events and Free
Expression Activities, be, and the same hereby is, enacted to
read as follows:
Chapter 3.50
3.50.010 Purpose.
3.50.020 Definitions.
3.50.030 Advanced Planned Free Expression Activities.
3.50.040 Short -Notice Free Expression Activities.
3.50.050 Permits required - exceptions.
3.50.060 Permit application.
3.50.070 Fee.
3.50.080 Routes and locations.
3.50.090 City Cost recovery estimate for Commercially Related
Special Events.
3.50.100 Insurance for Commercially Related Special Events.
3.50.110 Standards for issuance of permit - Commercially
Related Special Events.
3.50.120 Permit issuance.
3.50.130 Standards for issuance of permit - Advanced Planned
Free Expression Activities.
3.50.140 Additional permit conditions.
3.50.150 Contents and possession of permit.
3.50.160 Permit revocation for fraud.
3.50.170 Revocation for cause; notice to cure.
3.50.180 Permit - conflicting applications.
3.50.190 Determination of Free Expression Activity exemption
claim.
3.50.200 Regular appeals - Commercially Related Special
Events.
3.50.210 Expedited appeals - Free Expression Activities.
3.50.220 Public conduct during activity.
3.50.230 Distributing items from parade vehicles.
3.50.240 Regulations for public property adjacent to event
routes.
3.50.250 Violations.
3.50.260 Constitutionality and severability.
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3.50.010 Purpose.
This ordinance 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, safety and welfare. It is also the
purpose and intent of this ordinance to establish a process for
permitting individuals and groups to use City streets, property,
facilities or services for Commercially Related Special Events
and Free Expression Activities while maximizing the safety of
participants, minimizing 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 cost recovery will not unreasonably or unlawfully
burden constitutionally protected activities.
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
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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 or
assembly 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 direction 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:
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(a) which charges a fee of any kind for
participation in the event or for viewing any or all of
the event; or
(b) which is organized by an individual or entity
for the purpose of making a financial return on the
event.
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:
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 6 residents of the City, appointed by
the Mayor and confirmed by the City Council.
2. Non-voting/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
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(d) The Director of the City's Downtown Business
Improvement District contractor.
F. "Event 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.
3.50.030 Advanced Planned Free Expression Activities.
A. Permit requirements. Advanced Planned Free Expression
Activities shall comply with Section .050 (permit required), .060
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(permit application), .070 ($100 fee), .080 (routes and
locations), .100 (insurance), .120 (permit issuance - Advanced
Planned Free Expression Activity), .150 (permit possession), and
.180 (conflicting applications), except that the requirement for
insurance as provided by Section .100 shall be waived unless the
activity involves the use of fireworks or other similarly
extraordinarily hazardous features.
B. Provision 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.
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 Section
3.50.040.B.
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
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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.
If it 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 .040.B
and .0 are not violated.
E. Basic City Services. The City shall provide Basic City
Services at no cost to any Short -Notice Free Expression Activity.
3.50.050 Permits required - exceptions.
A. Permits required. It shall be 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
permit shall not be required for the following:
1. Funeral processions by a licensed mortuary;
2. Activities lawfully conducted by a governmental
agency acting within the scope of its authority;
3. Film -making activities, if a permit for such
activities has been issued by the City;
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4. Block parties or other similar activities
sponsored by neighborhood -based community organizations
recognized pursuant to Chapter 2.60 of the City Code;
provided that authorization for such event has been
previously obtained from designated City departments.
3.50.060 Permit application.
A. Time. Applications for a Commercially Related Special
Event permits shall be filed with the Events Coordinator no less
than 30 days prior to the event.
B. Form. The application shall be on a form provided by
the City and shall specify the following:
1. Name 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 times 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
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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 participant 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.
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C. Insurance. The applicant shall certify that insurance,
as required by Section .100 below, will be provided prior to the
issuance of a permit.
D. Cost recovery. If the applicant desires any City
Services beyond 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 be treated as a
Free Expression Activity instead of a Commercially Related
Special Event, the applicant shall specify the basis for such a
claim.
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 $100.00 as partial reimbursement to the City for
administrative and processing expenses related to the
application.
3.50.080 Routes and locations.
A. Standard routes and location. 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
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routes and locations previously adopted by the City shall be
used.
B. Requests for non-standard routes or locations. The
Committee shall hear requests from applicants for Commercially
Related Special Event and Advanced Planned Free Expression
Activities permits desiring to use non-standard routes or
locations and shall approve such proposed non-standard routes or
locations if it finds that the requirements of Section .110 below
are met.
3.50.090 City Cost recovery estimate for Commercially Related
Special Events.
A. The Event 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.
3.50.100 Insurance for Commercially Related Special Events.
A. Liability Insurance. The applicant or sponsor of a
Commercially Related Special Event possess or obtain
comprehensive general liability insurance to protect the City
against loss from liability imposed by law for damages on account
of bodily injury or property damage arising from the event. Such
insurance shall name, on the policy 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
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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.
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
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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 and 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. Police, fire and public service coverage. The conduct
of the event will not require the diversion of so great a number
of police, fire or other essential public employees from their
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
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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.
J. 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
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6. an adequate first aid or emergency medical services
plan, based on event risk factors.
3.50.120 Permit Issuance.
A. Security for City Costs for Commercially Related
Special Events. In the event that the Events Coordinator
determines that a permit for a Commercially Related Special Event
be issued, the Event 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 Event 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 .110 above.
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 Section .110.A (arterial routes), .110.B.
(interference with other events), and C. (movement of police and
fire vehicles) are met.
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
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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 .110 above.
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 number of bands, other musical units and
equipment capable of producing sound, if any, and
limitations thereon pertaining to noise abatement;
5. The maximum interval of space to be maintained
between units;
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;
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7. The number and location of traffic controllers,
monitors, other support personnel and equipment and
barricades to be furnished by organizers;
8. 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 Event
Coordinator applicable to the particular event and shall be
exhibited upon demand of any sworn law enforcement official.
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
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required information submitted the applicant was materially
incorrect or fraudulently provided.
3.50.170 Revocation for cause; notice to cure.
A. Notice to cure. If the Mayor, 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 violated, notice shall be given to the
applicant, sponsor or designated organizers representative of the
Commercially Related Special Event or Free Expression Activity to
cure the violation.
B. Failure to cure. It shall be 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 shall also be 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 Chief's 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
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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.
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 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 Activities where the same applicant
or sponsor has been granted use of a particular City forum
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at a particular date, time and place for more than 15
consecutive years;
3. If neither subsections 1 or 2 are applicable,
priority shall be given to a first -in -time 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.
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 subsection .060.E.
B. Notification of City Attorney. If the Event
Coordinator denies the claimed Free Expression Activity
exemption, the Events Coordinator shall immediately notify the
City Attorney.
C. Events Review Committee consideration. Within 5
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,
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together with any recommendation regarding the exemption provided
by the City Attorney.
D. Events Review Committee determination. Within 3
business days, or such other shorter 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 .200 below.
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 non-standard 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 10 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,
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b. if the decision is mailed, 3 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 7 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 7
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 10 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 10 days from
receipt of the City's Attorney's recommendation or, in the
event of a hearing, within 10 days from the hearing.
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C. Expedition of regular appeals. If the applicant
notifies the Events Coordinator and demonstrates that the times
specified above for the appeals process would unreasonably burden
the applicant, the Events Coordinator shall shorten the times so
the applicant may receive the final decision sufficiently in
advance of the proposed event.
3.50.210 Expedited appeals - Free Expression Activities.
A. 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 Exercise 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 .190, with the times modified by the
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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.
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 an authorized
Commercially Related Special Event or Free Expression Activity.
The City transportation engineer or other designated City officer
shall post signs to such effect, and it shall be unlawful for any
person to park or leave unattended any vehicle in violation
thereof.
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 hereby
declared unlawful to dispense items, including candy, from
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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.
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 p.m. of the day before
the authorized Commercially Related Special Event or Free Express
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 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 themselves. No person
may claim or attempt to reserve any public property for
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themselves 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 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 street, 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
p.m. of the day before an authorized Commercially Related Special
Event or Free Expression Activity and continuing until the
conclusion of the event, no person shall park a motor vehicle,
trailer or tent trailer on the streets designated by the City as
a route for an authorized Commercially Related Special Event or
Free Expression Activity. Only motor vehicles or trailers which
are entries or parts thereof in an authorized Commercially
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 may be 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:
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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 p.m. of the
night before an authorized Commercially Related Special Event or
Free Expression Activity and continuing until the conclusion, all
dogs, except for seeing -eye dogs 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.
3.50.250 Violations.
Any person who violates any provision of this chapter is
guilty of a Class B misdemeanor.
3.50.260 Constitutionality and severability.
If any portion of this Chapter is, for any reason, held to
be invalid, such decision shall not affect the remaining portions
of this Chapter. The Council hereby declares that it would have
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adopted the Chapter or any portion thereof, irrespective of the
fact that one or more portions be declared invalid, and to the
extent such portions can be given effect without the invalid
provisions or portions thereof, such invalid provisions or
portions thereof shall be severable.
SECTION 5 EFFECTIVE DATE. This ordinance shall become
effective upon the date of its first publication hereof.
Passed by the City Council of Salt Lake City, Utah, this
13- day of r'(,L , 1993.
ATTEST:
RECORDED
Pc{ 1 :i 1993
CITY QE (Y PF)ER
k tr RE169/�
C IEF DEPUJY CITY CORDER
CHI,
Transmitted to the Mayor on
&prd ICI, 1993
Mayor's Action: Approved. Vetoed.
ATTEST:
HIEF DEPUT CITY sECORDER�``
MAYOR
29
(SEAL)
Bill No. 2.3
Published.: April 23, 1993
BRB:cc
OF 1993.
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