Section R920-4-7 - Review of Applications for Special Event Permits for Free Speech Road UsesThis section governs the standards for review of applications for special event permits for free speech road uses.
(1) In addition to an application for a special event permit for free speech road use, the region permit officer shall require the applicant to provide, as necessary: (a) a traffic control plan, as described in Section R920-4-10;(b) public notification, as described in Section R920-4-11;(c) a contingency plan, as described in Section R920-4-12;(d) a route map, as described in Section R920-4-13; and(e) proof that the applicant has obtained any applicable city, county, or other governmental agency approvals or permits, as described in Section R920-4-14.(2) In reviewing an application for a special event permit for free speech road use, the region permit officer may place reasonable time, place, and manner restrictions on the free speech road use. No such restriction shall be based on the content of the beliefs expressed or anticipated to be expressed during the free speech road use, or on factors such as the identity or appearance of persons expected to participate in the assembly.(3) In placing reasonable time, place, and manner restrictions on the special road use, the region permit officer shall consider:(a) the annual number of other special road use events scheduled on the roadway;(b) planned construction or repairs of the roadway or utilities underneath or adjacent to the roadway;(c) the nature of the roadway requested for use, and the volume of traffic normally occupying the roadway at the requested time of use;(d) the amount of time requested for use;(e) the safety of all participants in special events;(f) the safety of the traveling public;(g) the ability of emergency service providers to access and care for participants and spectators in special road use events, and for residents near such events; and(h) the ability of residents and others not participating in a special event, to travel on the roadways and to access other public and private property without unreasonable disruption.(4) The region permit officer may place reasonable terms, conditions, and limitations on a free speech road use as allowed by this Rule R920-4, and otherwise required by law. In placing time, place, or manner restrictions on a free speech road use, the region permit officer shall select restrictions tailored to address identified risks of harm or other articulated governmental interests. The restrictions may include a: (a) limitation of the total time the permittee may occupy a particular portion of roadway;(b) limitation on the particular time of day the permittee may occupy the roadway;(c) limitation on the number of lanes the permittee may occupy on the roadway;(d) limitation on the number or size of banners or signs participants may carry on the roadway; and(e) prohibition on the use of a particular roadway and the requirement of an alternate route, where other restrictions will not protect the governmental interests affected by the free speech road use, and ample alternatives for speech exist.(5) Once the application is complete, the region permit officer shall apply best efforts to provide approval, approval with conditions, or denial of the Application within 30 days of receipt of a complete application, or seven days before the scheduled event, whichever is earlier.(6) Applications for a special event permit for a short notice free speech road use shall be processed on an expedited basis, and the region permit officer shall apply best efforts to provide approval, approval with conditions, or denial of the application within three business days of receipt of a complete application.Utah Admin. Code R920-4-7
Amended by Utah State Bulletin Number 2016-3, effective 1/7/2016Amended by Utah State Bulletin Number 2023-23, effective 11/21/2023