Utah Code 11-61-104. Time, place, and manner restrictions — Generally applicable restrictions by ordinance

(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 :

(a)	peacefully assembling, protesting, or speaking;

(b)	distributing literature;

(c)	carrying a sign; or

(d)

signature gathering or circulating a petition. See Utah Code 11-61-102

Political subdivision: means a county, city, town, or metro township. 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:

(i)	owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;

(ii)	open to public access in whole or in part; and

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

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

(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:

(a)	imposes the restriction by ordinance; or

(b)

(i)	adopts an ordinance to guide the adoption, by policy or practice, of restrictions on expressive activity on public grounds; and

(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).

Enacted by Chapter 188, 2018 General Session

Technically renumbered for proper placement.

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