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As used in this Chapter, unless the context shall otherwise require, the following terms shall have the following meanings:

“Applicant” means the individual, group or organization sponsoring or organizing a special event and applying for a special event permit pursuant to this Chapter.

“Application” or “permit application” means the City’s written application for a permit to hold a special event.

“Block party” means an outdoor party organized by and for the residents of a block or neighborhood for which no admission is charged and no goods or services are offered for sale, and held in part on a portion of a residential street closed to vehicular traffic for a period of four (4) or more hours at which there are:

(a) One hundred fifty (150) or more attendees at any one (1) time; or

(b) Fireworks; or

(c) Portable water slides; or

(d) Bounce houses, or other high-risk activities as determined by the City; or

(e) Alcohol; or

(f) Open fires other than for outdoor cooking in contained barbecues or pits in compliance with Section 9.51.040(2)(d), Provo City Code.

“Business days” means Mondays through Thursdays, and does not include Fridays, Saturdays, or legal holidays as outlined in Utah Code Section 63G-1-301, plus Christmas Eve and excepting Columbus Day and Veterans Day.

“Chief Administrative Officer” or “CAO” means the Chief Administrative Officer of the City of Provo, Utah.

“Chief Building Official” means the Chief Building Official of the City of Provo, Utah.

“City” means the City of Provo, Utah.

“Event organizer” means the individual, group or organization sponsoring or organizing a special event or an expressive activity.

“Expressive activity” means:

(a) Peacefully assembling, protesting, or speaking;

(b) Distributing literature;

(c) Carrying a sign; or

(d) Signature gathering or circulating a petition.

“Fire Chief” means the Chief of the Fire Department of the City of Provo, Utah.

“Health Director” means the Executive Director of the Utah County Health Department, or other Utah government official with the authority to grant a temporary mass gathering permit.

“Indigent natural person” means a person whose monthly income is one hundred twenty-five percent (125%) or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.

“Neighborhood gathering” means an outdoor gathering organized by and for the residents of a block or a neighborhood for which no admission is charged and no goods or services are offered for sale, and held in part on a portion of a residential street closed to vehicular traffic, but which does not qualify as a block party.

“Parade” means any march, walk or run, procession, demonstration, counterdemonstration, motorcade, or other similar activity consisting of persons, animals, vehicles or any combination thereof, which assembles or travels in unison upon any public street, sidewalk, alley or other public right-of-way within the City, that interferes with the normal flow or regulation of traffic upon the streets, sidewalks, alley or other public right-of-way within the City and does not comply with normal or usual traffic regulation or controls.

“Permitted event” means a special event for which a special event permit has been issued.

“Person” means any individual human being, firm, partnership, association, corporation, company or organization of any kind.

“Police Chief” means the Chief of the Police Department of the City of Provo, Utah.

“Public assembly” means a gathering of persons on public property with the purpose of exercising free speech, association, assembly and similar expressive activity protected by the United States and Utah Constitutions which interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic upon any public way, or other public grounds within the City, or does not comply with normal or usual traffic regulation or controls; or which occupies any public grounds open to the general public to the exclusion of others.

“Public grounds” means the area outside a public building, as that term is defined in Utah Code Section 11-61-102(5), that is a traditional public forum where members of the public may safely gather to engage in expressive activity. “Public grounds” do not include:

(a) The interior of a public building; or

(b) Any public property that is not a traditional public forum, such as, but not limited to, sidewalks constructed primarily to assist patrons to negotiate the space between a parking lot and the entrance of a Provo City facility as defined in accordance with the rulings of the United States Supreme Court.

“Public way” means any public highway, street, alley, sidewalk, or other public right-of-way within the City.

“Public Works Director” means the Director of the Public Works Department of the City of Provo, Utah.

“Sidewalk” means any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.

“Special event” means:

(a) Any event, activity, or series of activities, including a planned public assembly, which:

(i) Occurs on public property and significantly restricts or otherwise impacts the normal access or use of the public property by the general public or adjacent property owners; or

(ii) Occurs on public or private property and is subject to the requirement of obtaining a temporary mass gathering permit.

(b) Special events may include but are not limited to block parties, neighborhood gatherings, street parties, fundraisers, public assemblies, movie productions and other filming, protests and rallies, runs, races, walks, parades, and similar community events.

(c) The term “special event” does not include a gathering of persons at a location with permanent facilities designed for that specific assembly (unless the designed occupancy levels are exceeded), including:

(i) Privately sponsored events which rent space inside City facilities;

(ii) Programmed activities provided or managed by the City, i.e., recreational or senior center programs;

(iii) Any event that would otherwise fall within the definition of a special event held in a Provo City park but which involves fewer than twenty-five (25) people at the same time within a circumscribed one hundred (100) foot radius and does not interfere with the regular use of the park by those who have reserved adjacent park facilities and/or the general public;

(iv) An activity on, and the permitting of, sports fields, sports facilities, park pavilions, or other similar government facilities otherwise regulated by the Provo City Parks and Recreation Department.

(d) The term “special event” does not include an unplanned or spontaneous public assembly which due to nature and scope of the event does not result in the obstruction of vehicular traffic on City streets or pedestrian traffic on City sidewalks, ingress or egress to businesses or residences, nor compromise the City’s ability to respond timely to a fire, medical emergency, or other public safety emergency.

“Special event location” means the geographic area authorized by the City where a special event is to take place.

“Special event permit” or “permit” means the permit issued by the City for a special event.

“Spontaneous public assembly” means a public assembly occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event.

“Street” means any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way, or median strip thereof.

“Support services” means those police, fire, inspection, sanitation and other special services, other than basic routine everyday services, that are provided by the City for a fee, and that are necessary for the safe and successful execution of the special event.

“Support services fees” means those fees set forth on the City’s Consolidated Fee Schedule that are charged by the City for providing support services for a special event, including a temporary mass gathering.

“Temporary mass gathering permit” means the permit defined in, and issued pursuant to, Utah Administrative Code Rule 392-400, obtained from the Division of Environmental Health, Utah County Health Department.

“Traditional public forum” refers to: a public park or street, or a public sidewalk, as defined by the United States Supreme Court, or as that Court may later define it.

“Unpermitted special event” means a special event or expressive activity held on public grounds for which no special event permit has been issued.

(Enacted 2015-24, Am 2020-46)