CHAPTER 2
FIRST AMENDMENT ACTIVITIES IN CITY PARKS AND JOHN W. GALLIVAN UTAH CENTER PLAZA

SECTION:

57-2-1: Scope

57-2-2: Definitions

57-2-3: Declaration Of Public Forum Status

57-2-4: No Content Based Discrimination

57-2-5: No Endorsement Of Message

57-2-6: First Amendment Activities In City Parks And Speaker's Corner

57-2-7: Gallivan Center Regulations

57-2-8: First Amendment Activities Within Reserved Areas

57-2-9: Occasional Performer Regulations

57-2-10: Relationship To Special Events Ordinance

57-2-1: SCOPE:

The City makes a reasonable attempt to balance the right of the public to use City parks and the John W. Gallivan Utah Center Plaza ("Gallivan Center") for constitutionally protected purposes with the need for the lawful management and safe, functional and predictable operation of City facilities. (2019 Compilation)

57-2-2: DEFINITIONS:

FIRST AMENDMENT ACTIVITIES: Activities constitutionally protected under the First Amendment to the United States Constitution and/or article I, section 15, of the Constitution of the State of Utah, including, without limitation, such activities as leafleting, picketing, making speeches, circulating petitions and other similar activities, consistent with the time, place and manner regulations outlined below and other applicable State, Federal, County or City laws or regulations.

GENERAL POLICIES: Adopted rules governing the general use of City parks and the Gallivan Center, including reservation rules, hours of operation, rental charges, permitted activities and other similar items.

OCCASIONAL PERFORMER: An individual or small group of individuals, not exceeding four (4) persons, who wish to perform on City parks or the Gallivan Center on an unscheduled and infrequent basis who may or may not accept contributions from passersby.

RESERVABLE AREAS: Areas of City parks and the Gallivan Center which may be reserved for use pursuant to their general policies.

RESERVED AREA: A part of a reservable area which has been reserved for a specific time pursuant to the general policies.

SPEAKER'S CORNER: The portion of the Gallivan Center designated on exhibit A, which is on file in the City office, and which is subject to the special rules set out in section 57-2-6 of this chapter.

WINTER HOLIDAY SEASON: The days between the Wednesday immediately before Thanksgiving and January 2 of the following year, unless January 2 falls on a Sunday, in which case the end date shall be January 3.

WINTER HOLIDAY STRUCTURE AREA: The portion of the Gallivan Center designated on exhibit A, which is on file in the City office and which may be reserved for erecting winter holiday season message structures as specified in section 57-2-7 of this chapter. (2019 Compilation)

57-2-3: DECLARATION OF PUBLIC FORUM STATUS:

   A.   City Parks: City parks, with the exception of any reserved area during the time of such reservation, are traditional public forums open to First Amendment activities subject to the restrictions specified in sections 57-2-6 and 57-2-8 of this chapter and other applicable laws or regulations.

   B.   Speaker's Corner: The Speaker's Corner, except when included in a reserved area, is also a traditional public forum open to First Amendment activities subject to the restrictions specified in section 57-2-6 of this chapter. If the Speaker's Corner is included within a reserved area and the Plaza Manager or his/her designee has designated a temporary alternate location during that period, that location is temporarily also declared to be a traditional open public forum.

   C.   Remainder Of Gallivan Center: Except for the Speaker's Corner and any temporary alternative, the remainder of the Gallivan Center has not become, and is not intended to be, a traditional public forum. The remainder of the Gallivan Center is a limited public forum usable for First Amendment activities only as part of a reserved area pursuant to section 57-2-7 of this chapter. (2019 Compilation)