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2020 Utah Code
Title 11 - Cities, Counties, and Local Taxing Units
Chapter 61 - Expressive Activity Regulation by Local Government Act
Section 102 - Definitions.
Universal Citation: UT Code § 11-61-102 (2020)
Effective 5/14/2019
11-61-102. Definitions.
As used in this chapter:
Enacted by Chapter 188, 2018 General Session
Technically renumbered for proper placement.
11-61-102. Definitions.
As used in this chapter:
- (1) "Expressive activity" means:
- (a) peacefully assembling, protesting, or speaking;
- (b) distributing literature;
- (c) carrying a sign; or
- (d) signature gathering or circulating a petition.
- (2) "Generally applicable time, place, and manner restriction" means a content-neutral ordinance, policy, practice, or other action that:
- (a) by its clear language and intent, restricts or infringes on expressive activity;
- (b) applies generally to any person; and
- (c) is not an individually applicable time, place, and manner restriction.
- (3)
- (a) "Individually applicable time, place, and manner restriction" means a content-neutral policy, practice, or other action:
- (i) that restricts or infringes on expressive activity; and
- (ii) that a political subdivision applies:
- (A) on a case-by-case basis;
- (B) to a specifically identified person or group of persons; and
- (C) regarding a specifically identified place and time.
- (b) "Individually applicable time, place, and manner restriction" includes a restriction placed on expressive activity as a condition to obtain a permit.
- (a) "Individually applicable time, place, and manner restriction" means a content-neutral policy, practice, or other action:
- (4)
- (a) "Political subdivision" means a county, city, town, or metro township.
- (b) "Political subdivision" does not mean:
- (i) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts;
- (ii) a special service district under Title 17D, Chapter 1, Special Service District Act; or
- (iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
- (5)
- (a) "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.
- (b) "Public building" does not mean:
- (i) a building owned or leased by a political subdivision or a subunit of a political subdivision:
- (A) that is closed to public access;
- (B) where state or federal law restricts expressive activity; or
- (C) when the building is used by a person, in whole or in part, for a private function; or
- (ii) a public school.
- (i) a building owned or leased by a political subdivision or a subunit of a political subdivision:
- (a) "Public building" means a building or permanent structure that is:
- (6)
- (a) "Public grounds" means the area outside a public building that is a traditional public forum where members of the public may safely gather to engage in expressive activity.
- (b) "Public grounds" includes sidewalks, streets, and parks.
- (c) "Public grounds" does not include the interior of a public building.
Enacted by Chapter 188, 2018 General Session
Technically renumbered for proper placement.
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