Chapter 9.30
FREE SPEECH
Sections:
9.30.030 Free speech and freedom of assembly – In general.
9.30.040 Time, place, and manner of free speech activities.
9.30.050 Expedited appeals – Free speech activities.
9.30.060 Expedited review of free speech concern.
9.30.080 First amendment guidelines.
9.30.090 Targeted residential demonstrations/picketing.
9.30.010 Purpose.
(1) The purpose of this code is to:
(a) Facilitate constitutionally protected free speech and peaceable assembly at/on city facilities and grounds;
(b) Preserve the right of every person to exercise free speech and freedom of peaceable assembly as protected by the constitutions of the state of Utah and the United States subject to lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of peaceable assembly, and minimizing the disruption to governmental business;
(c) Facilitate public peaceable assembly and communication between people; and
(d) Establish guidelines to facilitate constitutionally protected free speech activities and peaceable assembly.
(2) This code is intended to further the following governmental interests:
(a) To facilitate constitutionally protected free speech activities and peaceable assembly;
(b) To provide for lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare;
(c) To provide safety and security of all persons visiting or using city facilities and grounds;
(d) To minimize disruption to or interruption of the conduct of city business;
(e) To maintain unobstructed and efficient flow of pedestrian and vehicular traffic between and within city facilities and grounds in order to provide safety and security of persons, emergency vehicle access, and ensure accessibility to public services;
(f) To provide all persons their guaranteed right of free speech and freedom of peaceable assembly without harm or interruption; and
(g) To inform persons of their responsibilities regarding littering, damage to, and vandalism of city facilities and grounds. [Ord. 20-24 § 1 (Exh. A).]
9.30.020 Definitions.
“City facilities and grounds” means Riverton City facilities and/or grounds where the principal use of the facility and/or grounds is related to city office or program functions, is owned by Riverton City or is under the control of Riverton City.
“City sponsored activity” means any event sponsored by Riverton City that is related to city business or functions.
“Commercial activities” means events sponsored or conducted for the promotion of commercial products or services and includes advertising, private parties, private company or organization meetings, and any other nonpublic organization event. Commercial activities do not include private, community service, state sponsored, or free speech activities.
“Commercial solicitation(s)” means any commercial activity conducted for the purpose of advertising, promoting, fundraising, buying or selling any product or service, encouraging membership in any group, association or organization, or the marketing of commercial activities by distributing handbills, leaflets, circulars, advertising or dispersing printed materials for commercial purposes.
“Community service activities” means events sponsored by governmental, quasi-governmental and charitable organizations, city and county government departments and agencies, public schools, and charitable organizations held to support or recognize the public or charitable functions of such sponsoring group.
“County sponsored activity” means any event sponsored by a county that is related to county business or functions.
“Demonstration” means the assembly of a group of individuals that join together to express a point of view openly.
“Department” means any Riverton City department, division or agency.
“Event” or “events” are commercial, community service, private, state, county and/or city sponsored activities involving one or more persons. A free speech activity is not an event for purposes of this rule. The term “activity” or “activities” may be substituted in this code for the term “event” or “events.”
“Facility use application” means a form required by the city which requires information identifying the event, time, location and purpose for a facility use permit that needs to be completed by a prospective user and submitted to the Riverton City parks and recreation department.
“Facility use permit” (“permit”) means a written permit issued by the Riverton City parks and recreation department authorizing the use of an area of city facilities and grounds for an event in accordance with this rule.
“Free speech” and “freedom of assembly” mean the exercise of free speech and freedom of peaceable assembly as protected by the constitutions of the state of Utah and the United States.
“Free speech activity” or “free speech activities” means the use of an area of city facilities and grounds for a demonstration, rally, leafleting, press conference, vigil, march or parade that is available for such activity under this rule, by one or more persons for constitutionally protected free speech or peaceable assembly.
(a) “Advanced planned free speech activity” means a free speech activity that can be reasonably scheduled in advance of its occurrence, such that the parks and recreation department may lawfully require compliance with certain requirements as specified in this rule.
(b) “Short-notice free speech activity” means a free speech activity that arises out of, or is related to, events or other public issue activities which cannot be reasonably anticipated far enough in advance of the occurrence to reasonably allow compliance with the requirements for an advanced planned free speech activity.
“Leafleting” means the unsolicited distribution of leaflets, buttons, handbills, pamphlets, flyers or any other written or similar materials indiscriminately to pedestrians or passersby.
“March” or “parade” means the organized assembly of individuals who are celebrating or expressing a point of view while moving from one location to another.
“Political sign” means a sign regarding a candidate for political office or regarding a political issue to be considered in an election.
“Press conference” is an organized formal assembly called by an individual or group to announce or express a point of view to the public utilizing the press and other media.
“Private activity” means an event sponsored by private individuals, businesses or organizations that is not a commercial or community service activity.
“Public areas” are all areas of Riverton City facilities and grounds open to the public.
“Rally” means to hold an open gathering of a group of individuals of similar purpose to join together to express a point of view openly.
“State sponsored activity” means any event sponsored by the state that is related to state business or functions.
“Vigil” means an assembly of an individual or individuals who come together to demonstrate their solidarity by an occasion or devotional watching or observance. [Ord. 20-24 § 1 (Exh. A).]
9.30.030 Free speech and freedom of assembly – In general.
Unless specifically regulated by this rule as to time, place or manner, all free speech and freedom of peaceable assembly may occur in all areas of city facilities, in any lawful form or manner, as guaranteed by the constitutions of the state of Utah and the United States. [Ord. 20-24 § 1 (Exh. A).]
9.30.040 Time, place, and manner of free speech activities.
(1) Free Speech and Assembly Promoted and Encouraged. Free speech and freedom of peaceable assembly, as protected by the constitutions of the state of Utah and United States, are promoted and encouraged at city facilities and grounds. Free speech activities, as specifically defined in this rule, are subject to lawful time, place and manner rules regarding free speech activities necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of peaceable assembly, and minimizing the disruption to governmental business.
(2) Subject to Facility Use Rules, Exception. Free speech activities shall be subject to all city codes and state statutes.
(3) Time.
(a) Free speech activities held outdoors may take place 24 hours a day subject to duration requirements specified in this rule.
(b) Free speech activities held indoors may take place during the hours such public areas are open to the public, generally between 8:00 a.m. to 5:00 p.m.
(4) Place.
(a) Health, safety and welfare restricted areas that may not be reserved for a free speech activity are the vehicular traveled portions of roads, roadways or parking lots, areas directly in front of or adjacent to parking garages’ entrances or exits, paths of egress or access to emergency stairs and emergency egress hallways, areas under construction which are hazardous to nonconstruction workers, and those specific portions of the city facilities and grounds that contain storage, utilities and technology servicing the city facilities and grounds or other areas, which either must be available for prompt repair, are not open for public use or represent a danger to members of the public.
(b) In order to protect the public health, safety and welfare and allow for public accessibility to and the conduct of city business, a demonstration, rally, parade, march or vigil may only be conducted on the public areas of the grounds and not inside the facilities.
(c) Notwithstanding any other provision of this code, there is no registration requirement for free speech leafleting. In order to protect the public, health, safety and welfare and allow for public accessibility to and the conduct of city business, free speech activity leafleting, as defined in this rule, is allowed at city facilities and grounds in the areas open to the public, without interference from law enforcement; provided, that it is done in a nonaggressive manner and does not prevent other individuals from passing along sidewalks and through doorways. The city is allowed and shall enforce any and all applicable statutes and ordinances regarding blocking public sidewalks, blocking hallways, disorderly conduct, blocking entrances to public buildings, garage entries, assault, battery and the like consistent with the requirements of the constitutions of the state of Utah and the United States. Leafleting is not allowed by placing leaflets on vehicles on city facilities and grounds.
(5) Manner.
(a) Registration and Scheduling. All free speech activities shall comply with the following requirements, except that leafleting shall not be subject to any registration requirements:
(i) An advanced planned free speech activity shall register as soon as reasonably possible, but not less than 15 days in advance of the free speech activity, by registering with the Riverton City parks and recreation department.
(ii) Persons registering will provide the following information: the name of the sponsoring organization; the name and contact information of a contact person or agent; the type of free speech activity; the date, time and duration of the free speech activity; the public area requested for use; the number of anticipated participants; and a list of equipment and services to be used in connection with the free speech activity. Registration shall be on a standard form prepared by the Riverton City parks and recreation department.
(iii) If a person or group fails to register due to a short-notice free speech activity, they may still conduct the free speech activity provided it does not create a problem of public safety or interfere with the time and location of a previously scheduled free speech activity in the same public area and meets all the other requirements of this rule. In the case of such problem of public safety or interference, the parks and recreation department will coordinate with the applicant in reasonable efforts to find an alternative reasonable time or location.
(b) Priority.
(i) The scheduling assignment of public areas shall be made on a first-come, first-serve basis.
(ii) In the case of scheduling conflicts, first priority in the use of the public areas shall be given to government business and/or state sponsored activities where the authorized governmental official is reserving the public area for an expressed governmental or city need. Free speech activities shall be given priority over community service, commercial and private activities. In the case of such problem of public safety or interference, the parks and recreation department will coordinate with the applicant in reasonable efforts to find an alternative reasonable time or location.
(iii) No group or individual will be denied access to or use of a public area unless the proposed free speech activity violates this rule, applicable law, conflicts with a scheduled city sponsored activity, or conflicts with the time and location of a previously scheduled free speech activity.
(c) Consistent with the protections of the Utah and United States constitutions, in order to preserve the free speech rights of others, outbursts or similar actions which disrupt or are likely to disrupt any government meeting or proceeding are prohibited. [Ord. 20-24 § 1 (Exh. A).]
9.30.050 Expedited appeals – Free speech activities.
(1) Claims Eligible for Expedited Appeal. The following determinations of claims regarding a free speech activity may be appealed as provided below:
(a) A determination by the parks and recreation department that a proposed event or activity is a commercially related special event and not exempted as a free speech activity;
(b) A claim by an applicant that the parks and recreation department’s denial, or condition of approval, of a proposed route, time or location for a free speech activity constitutes a violation of this rule or an unlawful time, place or manner restriction; or
(c) Any other claim by an applicant that any action by the city regarding the proposed free speech activity impermissibly burdens constitutionally protected rights of the applicant, sponsor, participants or spectators.
(2) Process for Expedited Appeal.
(a) The city acknowledges an obligation to process appeals regarding a free speech activity promptly so as to not unreasonably inhibit or unlawfully burden constitutionally protected activities. Any time limit stated below may be lengthened if agreed to by the appellant and the parks and recreation department.
(i) As soon as reasonably possible, but no later than two working days after receipt of a completed registration, the parks and recreation department shall issue a determination, which may include lawful conditions, or notice of denial of the registration application.
(b) The parks and recreation department may deny the requested activity if:
(i) The requested activity does not comply with the applicable rules;
(ii) The registrant attempts to register a free speech activity, but the parks and recreation department determines that it is a commercial activity;
(iii) The event would disrupt, conflict or interfere with a city sponsored activity, a time or place reserved for another free speech activity, the operation of city business, and such determination is in accordance with applicable constitutional provisions; and/or
(iv) The event poses a safety or security risk to persons or property and such determination is in accordance with applicable constitutional provisions.
(c) The parks and recreation department may place conditions on the approval that alleviate such concerns and such conditions are in accordance with this rule and applicable constitutional provisions.
(i) If the applicant disagrees with a denial of the request or conditions placed on the approval, the applicant may appeal the parks and recreation department’s determination by delivering the written appeal and reasons for the disagreement to the parks and recreation department head.
(ii) Within three working days after the parks and recreation department receives the written appeal, the parks and recreation department head may modify or affirm the determination.
(iii) If the matter is still unresolved after the issuance of the parks and recreation department head’s reconsideration determination, the applicant may appeal the matter, in writing, within 10 calendar days to the Riverton City manager who will determine the process of the appeal and provide for a determination within five working days.
(d) If the applicant for a free speech activity needs a more expeditious process of an appeal, upon written request of the applicant, the Riverton City attorney or designee may advise the city manager of the need to make an immediate consideration of the appeal. [Ord. 20-24 § 1 (Exh. A).]
9.30.060 Expedited review of free speech concern.
If any person claims to be inhibited from the exercise of constitutionally protected free speech by a public officer, officer or other person at any city facilities and grounds, such person is advised to promptly notify the parks and recreation department which shall review the matter and take reasonable steps in an attempt to resolve the matter. [Ord. 20-24 § 1 (Exh. A).]
9.30.070 Application process.
(1) Check on Site Availability. An applicant’s request to use a Riverton City park, square or plaza to hold a demonstration is subject to availability. Applicants are encouraged to check site availability with Riverton City parks and recreation department main line at 801-208-3101 as there may be other activities occurring at the park.
(2) Once the demonstration permit application has been submitted and the processing fee has been paid, the proposed date(s) will automatically be placed on hold from future applications requesting that date, if available. All locations, dates, and times are subject to change even after the processing fee has been paid. Reservations are pending until final approval has been granted and the conditions of the permit have been completed by the applicant.
(3) Submit a Completed Demonstration Permit Application.
(a) The parks and recreation department recommends submitting applications three to six months prior to the event setup date. This is to allow adequate time to check and find an available time, date, and location for the requested event. The city also needs time to allow various city departments and outside agencies to review the details of the permit request and make their recommendations/requirements. Finally, an applicant may receive a conditional checklist which the applicant must fulfill in order to receive the final permit.
(b) The earliest a demonstration permit application can be submitted is 364 days prior to the requested event date.
(c) The latest a demonstration permit application can be submitted is 15 days prior to the requested event date.
(d) Applications must be turned in with a detailed site/course route map before the review process begins. The site/course route map should clearly include all of the following that may be applicable to the event, including: proposed road closures, tents, stages, etc.
(i) A “spontaneous demonstration” is defined as activities occurring due to news or affairs coming into public knowledge fewer than seven days before the event. Spontaneous free expression activities do not pay the processing fee and do not receive a final permit. Persons planning a spontaneous demonstration must nonetheless complete our spontaneous demonstration form to notify the Riverton City parks and recreation department about the activity. The parks and recreation department will follow up with confirmation of the event and notify the applicant if any coordination with the parks and recreation department needs to take place. Applicants do not need to strictly comply with subsections (2) through (5) of this section, but will be required to comply with instructions provided in response to a filed spontaneous demonstration form.
(4) Pay Processing Fee.
(a) Applications are not sent out for review until the processing fee has been paid. Said fee may include a security deposit as determined by the city. The processing fee must be paid within two business days after the application has been submitted to the parks and recreation department. Security deposits shall be paid in accordance with instructions provided by the city.
(i) Payment may be made with all major credit cards, debit cards, cash or check.
(b) Nonpayment within two business days will result in cancellation of a permit request.
(c) Payment of the processing fee does not guarantee a final permit. The processing fee is strictly for entering an application into the permit process for further review. The fee is nonrefundable.
(5) Final Permit Is Issued.
(a) The city will review filed permit documentation and issue a final permit once all requirements have been completed and submitted in compliance with Riverton City code. Applicants shall retain a copy of the final permit on site at the permitted event.
(b) If an event is held without a final permit, participants may be denied all future permit requests. Furthermore, attendance is punishable as a Class B misdemeanor.
(c) By signing and submitting the Riverton City special event permit application, applicant is held responsible for all information, requirements, and disclaimers found within these instructions.
(d) An applicant could incur costs for any services provided beyond “basic city services.” An estimate of cost recovery form will be provided to the applicant before the event. A permit will not be issued until the cost of the estimate has been paid or security is posted. Additional city services could include, but are not limited to, police services, park cleanup, and/or extraneous administrative work because of changes after application submittal. Final accounting will be settled after an event and could result in a refund or additional invoice. [Ord. 20-24 § 1 (Exh. A).]
9.30.080 First amendment guidelines.
(1) Any signs must be carried by hand or supported by lathe-type sticks only.
(2) Participants may not interfere with pedestrians or vehicular traffic. If people do not stop to listen to participants, said participants may not insist that they do so. Specifically, participants may not grab or attempt to physically restrain or touch visitors of the businesses or residences in the area or any person on public or private property.
(3) Participants may not block or attempt to block any entrance or driveway.
(4) The applicant has agreed that the group leader will be the group coordinator.
(5) The applicant shall use its best efforts to notify all participants of these rules before the start of the event.
(6) The applicant acknowledges that the event is for nonviolent purposes.
(7) The applicant agrees to be responsible to leave the areas of the event clean, and that all objects such as: signs, sticks, leaflets, or candles will be removed by the applicant’s group.
(8) The applicant acknowledges the constitutional right of anyone to ignore or not listen to participants and ignore or not read any information literature that participants may be passing out.
(9) Participants may not obstruct the free passage of pedestrians, vehicles, block driveways, entrances, or exits to any business or building, and may not enter onto private property without the permission of the property owner.
(10) The group shall abide by all pertinent local, state, and federal ordinances and laws while conducting the activity.
(11) Violent acts or acts that result in property damage will not be tolerated in any manner, and will result in the dispersal of the event by Riverton City officials or designees and the filing of criminal charges where appropriate. [Ord. 20-24 § 1 (Exh. A).]
9.30.090 Targeted residential demonstrations/picketing.
(1) Targeted residential picketing infringes on the residents’ right to tranquility and privacy in their homes, and freedom from being a captive audience to unwanted messages while in their homes, and adversely affects other governmental interests.
(2) This chapter is intended to be a content-neutral time, place, and manner regulation on speech.
(3) The protection of the home is of the highest importance. The public health and welfare and the good order of the community require that citizens enjoy in their homes and neighborhoods a feeling of well-being, tranquility, and privacy, and enjoy freedom from being a captive audience to unwanted speech in their homes. The practice of targeted residential picketing causes emotional disturbance and distress to residents, and has the potential to incite breaches of the peace and disrupt the well-being and tranquility of the home. Full opportunity exists for individuals to exercise their rights of free speech without resorting to targeted residential picketing. The provisions of this section are enacted for the purpose of protecting the significant public interests stated above and not to suppress free speech rights of any particular viewpoint.
(4) Definitions.
(a) “Picketing” means the stationing or posting of one or more persons to apprise the public, vocally or by standing or marching with signs, banners, sound amplification devices, or other means, of an opinion or a message.
(b) “Residence” means any single-family, duplex, or multifamily dwelling where the targeted occupant resides and is not used as a targeted occupant’s sole place of business or as a place of public meeting.
(c) “Targeted residential picketing” means picketing that:
(i) Is specifically directed or focused toward a residence, or one or more occupants of a residence; and
(ii) Takes place within 100 feet of the property line of that residence.
(5) It is unlawful for any person, acting alone or in concert with others, to engage in targeted residential picketing in Riverton City. [Ord. 20-24 § 1 (Exh. A).]
9.30.100 Penalties.
Any violation of this chapter is punishable as a Class B misdemeanor. [Ord. 20-24 § 1 (Exh. A).]