Utah Code 11-61-104. Time, place, and manner restrictions — Generally applicable restrictions by ordinance
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(1) If a political subdivision imposes a generally applicable or individually applicable time, place, and manner restriction on expressive activity on public grounds, the political subdivision shall ensure that the restriction:
Terms Used In Utah Code 11-61-104
- Expressive activity: means :(1)(a) peacefully assembling, protesting, or speaking;(1)(b) distributing literature;(1)(c) carrying a sign; or(1)(d) signature gathering or circulating a petition. See Utah Code 11-61-102
- Political subdivision: means a county, city, or town. See Utah Code 11-61-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public building: means a building or permanent structure that is:
(5)(a)(i) owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;(5)(a)(ii) open to public access in whole or in part; and(5)(a)(iii) used for public education or political subdivision activities. See Utah Code 11-61-102- Public grounds: includes sidewalks, streets, and parks. See Utah Code 11-61-102
(1)(a) is narrowly tailored to serve an important governmental interest, including public access to the public building, public safety, and protection of public property;(1)(b) is unrelated to the suppression of a particular message or the content of the expressive activity that the restriction addresses; and(1)(c) leaves open reasonable alternative means for the expressive activity.(2) A political subdivision may not impose a generally applicable time, place, and manner restriction on expressive activity on public grounds unless the political subdivision:(2)(a) imposes the restriction by ordinance; or(2)(b)(2)(b)(i) adopts an ordinance to guide the adoption, by policy or practice, of restrictions on expressive activity on public grounds; and(2)(b)(ii) adopts, by policy or practice, the restriction in accordance with the ordinance described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection (1).