6.20.090 Expressive Activity Regulation

6.20.090 Expressive Activity Regulation.

(1) It is the policy of Provo City that persons and groups have a right to organize and participate in peaceful expressive activities including demonstrations, rallies, parades, signature gathering, marches, picketing or other similar actions conducted for the purpose of exercising their constitutional rights on those public grounds of the City, as defined herein, subject to reasonable time, place and manner restrictions designed to protect public safety, persons, and property and to accommodate the interests of persons not participating in the assemblies or expressive activities, including their privacy in their homes, their interests in using the streets and sidewalks to travel to their intended destinations, and to use the parks and park facilities for recreational purposes. In accordance with Utah Code Section 11-61-104, Provo City may impose a generally applicable time, place, and manner restriction on expressive activity on public grounds:

(a) By ordinance; or

(b) By policy or practice that comports with this Section.

(2) In accordance with Utah Code Section 11-61-103, this Section does not apply to:

(a) A restriction on expressive activity on public grounds that is imposed in order to comply with the Election Code, Utah Code Title 20A;

(b) Property that Provo owns or leases:

(i) That is closed to public access; or

(ii) Where State or Federal law restricts expressive activity; or

(3) A generally applicable or individually applicable time, place, and manner restriction on expressive activity on public grounds imposed by City ordinance, policy, or practice shall comport with State law, constitutional law, and case law, and, in accordance with Utah Code Section 11-61-104, shall be:

(a) Narrowly tailored to serve an important governmental interest, including public access to the public building or public grounds, public safety, and protection of public property;

(b) Unrelated to the suppression of a particular message or the content of the expressive activity that the restriction addresses;

(c) Neutral toward the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, except as may be relevant to protect those engaged in expressive activity and the public, as in Section 6.20.030(2)(b)(ii), Provo City Code; and

(d) Leave open reasonable alternative means for the lawful expressive activity.

(4) Expressive Activities – Guidelines – When Permit Is Required. Provo City has substantial governmental interests in maintaining public grounds in a safe and healthful condition, in managing competing uses of limited public grounds, and in keeping the peace or preserving public safety. In order to secure those interests and comply with individual rights under the Utah and the United States Constitutions, expressive activities shall be regulated as follows:

(a) A special event permit is required for an expressive event on public grounds which, due to the nature and scope of the event:

(i) Impedes pedestrian or vehicular traffic; or

(ii) Occupies public grounds to the exclusion of others; or

(iii) Is otherwise classified as a “special event” under Section 6.20.020, Provo City Code.

(b) A special event permit is not required for expressive activities which do not meet the criteria in Subsection (4)(a) of this Section, or which are not classified as “Special Events” under Section 6.20.020, Provo City Code.

(c) Limitations on City Support Services. The City shall not be required to provide any service beyond basic public safety services and those services that are necessary to keep the peace and maintain order during expressive activities, except as may be contracted for under a special events permit.

(a) It is unlawful for any person to engage in protesting or picketing before or about the residence or dwelling of any individual in the City.

(b) Expressive activities which violate noise restrictions, creating a public disturbance under Chapter 9.06, Provo City Code, before or about the residence or dwelling of any individual in the City are unlawful.

(6) The Mayor is authorized to establish policies and practices consistent with this Chapter for City property, and may delegate such authority to department directors with regard to the City property they manage. All administrative policies must be in writing and may include, but are not limited to:

(a) Establishing limits on the number of special events in any calendar year;

(b) Establishing routes for parades, processions, marches, etc.;

(d) Protecting property;

(e) Protecting public safety;

(f) Protecting individuals’ rights;

(g) Ensuring public health, safety, and welfare.

(7) This Section is not intended to infringe on the rights individuals have to use public grounds in accordance with State law.