Section R651-635-3 - Requirements to Obtain a Permit(1) The person or group desiring a permit shall make a request to the local park manager, region or the division's main office at least 30 business days before the proposed Commercial Activity, privileged, or Special Use. Late requests may be accepted subject to the terms of Subsection (6).(2) The division director or the director's designee shall have the discretion to grant or deny the request for permit.(3) No Commercial Activity, privileged, or Special Use:(a) may substantially interrupt the safe and orderly operation of the park or facility;(b) may interfere with fire, police, ambulance, or other life-safety protection or service to areas where the activity will take place or areas contiguous thereto;(c) may be reasonably likely to cause injury to persons or property; or(d) may involve pornographic or obscene materials or performances, or materials harmful to minors, as those terms are used in the Utah Criminal Code or in applicable local ordinances.(4) Liability insurance may be required, co-insuring the division and meeting the minimum requirements set by the Utah Division of Risk Management.(5) Conflicting Requests. (a) Considerations. When two or more persons, groups or organizations request to use a park or facility for Commercial Activity, privileged, or Special Uses, and those requests conflict as to time, place, or purpose, the division director or the director's designee shall evaluate the conflicting Commercial Activity, privileged, or Special Uses as to:(i) the size of the proposed Commercial Activity, privileged, or Special Use;(ii) the nature and purpose of the proposed Commercial Activity, privileged, or Special Use, considered in light of the historical or traditional use of the park or facility;(iii) the date and time each conflicting request was received by the division;(iv) the division support services required for the proposed Commercial Activity, privileged, or Special Use;(v) possible alternative places or times for the conflicting requests; and(vi) other factors that would resolve the conflicts, protect the public safety, health, and welfare, or assist the division in regulating the time, place, and manner of the conflicting requests.(b) Disposition. After obtaining the relevant information and weighing the relevant considerations stated in the Subsection (5)(vi), the division director or the director's designee shall resolve the conflict:(i) by the parties' agreement to change the requests to avoid conflicts and accommodate the public interest; or(ii) if no voluntary agreement is reached, by ordering the time, place, and manner for each requested event; or(iii) by exercising discretion to deny requests.(6) Late Requests. When a request for permit is not timely made under Subsection (1), the request shall state the grounds for its untimeliness. If the division director or the director's designee determines that the untimeliness should be excused because of exigency, unexpected circumstances, or other reasons, the request shall be processed.Utah Admin. Code R651-635-3
Amended by Utah State Bulletin Number 2022-19, effective 9/23/2022Amended by Utah State Bulletin Number 2022-20, effective 9/23/2022Amended by Utah State Bulletin Number 2023-09, effective 4/25/2023Amended by Utah State Bulletin Number 2023-10, effective 4/25/2023