This chapter is intended to create a limited forum for the creation of a Registry of Tree Angels on the City's website and to allow private persons to post photographs of "Tree Angels" and related messages, as well as to prescribe rules to be followed by employees in determining whether to approve messages. (2019 Compilation)
A. Creation: Salt Lake City (the "City") currently maintains an internet website (the "website") used for various City purposes. The City has determined that it would be beneficial to the City and its inhabitants to create a Registry of Tree Angels on the website and to allow private persons to post pictures or photographs of "Tree Angels" and related messages (as described below) on the website.
B. Limited Forum: In allowing this limited usage of the website, the City does not intend to create or make the website into a public forum, but rather intends to create a limited (or nonpublic) forum for the purposes set forth herein.
C. Rules For City Employees: This chapter is also intended to prescribe rules to be followed by City employees in determining whether to approve the posting on the website of pictures or photographs of Tree Angels with related messages. (2019 Compilation)
PERSON: Includes individuals and entities and organizations.
TREE ANGEL: A living tree planted to commemorate the birth of a newborn in the applicant's family, a joyful wedding, anniversary or reunion in the applicant's family, or remembrance and thanksgiving for a beloved member of the applicant's family.
TREE ANGEL REGISTRY: A registry on the pictures or photographs of Tree Angels and related messages. (2019 Compilation)
A. Authority To Display: In order to encourage and promote the use of Tree Angels, an eligible participant, as defined herein, may, after making application to the City, post on the website in the Registry of Tree Angels a picture or photograph of a "Tree Angel", together with any related message; provided, that such posting may not contain commercial content and may not in any way identify a commercial product or business logo.
B. Eligible Participants: The City will accept applications for posting on the Tree Angel Registry only from persons who have planted a Tree Angel.
C. Application: Any person who desires to make a Tree Angel posting on the website must first file an application created by the City. The application must be submitted to the City's Information Management Systems and the Urban Forester and must contain the following:
1. The e-mail address of the applicant, or if the applicant is an organization, the e-mail address of a contact person;
2. A photograph, drawing or other visual representation of the proposed posting on the Tree Angel Registry; and
3. A representation to the City that the applicant has planted a Tree Angel.
D. Granting Of Permit; Standards: The Urban Forester or his or her designee shall approve a Tree Angel posting upon determining that the applicant properly completed an application.
E. Time For Approval Or Disapproval Of Application: Within fourteen (14) days after receiving the application for a Tree Angel posting, the Urban Forester or his or her designee shall grant, modify or deny the application and shall give written notice of that decision to the applicant.
F. Judicial Review Of Denial: Any person adversely affected by the granting or denial of the application may appeal such decision to a court of competent jurisdiction after receiving notice of the decision. The decision granting or denying the application shall be effective on the date of the written notice issued by the Urban Forester or his or her designee, unless the Mayor orders otherwise.
G. Removal Of Posting: The City may remove any posting if such posting is determined to be inconsistent with the stated purpose of the website, illegal or unconstitutional, or if the City determines that removal is in the best interest of the City.
H. Enforcement: The City may enforce the terms and limitations of this chapter through any lawful means. (2019 Compilation)
If any portion of this chapter is determined to be illegal, invalid, unconstitutional or superseded, in whole or in part, this entire chapter shall forthwith be voided and terminated, subject to the following provisions: a) in the event of a judicial, regulatory or administrative determination that all or some part of this chapter is illegal, invalid, unconstitutional or superseded, such action shall be effective as of the date of a final appealable court order; and b) in the event of any State legislative action that renders any portion of this chapter illegal, invalid, unconstitutional or superseded, such action shall be effective as of the effective date of such legislative action. (2019 Compilation)
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