No. 39941 (Amendment): Rule R920-4. Special Road Use or Event

(Amendment)

DAR File No.: 39941
Filed: 11/12/2015 11:16:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Portions of Rule R920-4 were ruled unconstitutional by the 10th Circuit Court of Appeals in iMatter Utah v. Njord, 774 F.3d 1258 (2014). Additionally, in the 2015 General Session, the Utah Legislature passed H.B. 289, which empowered UDOT to make rules governing the issuance of special use permits to maintain public safety and serve the needs to the traveling public. The statute authorized, but did not require, UDOT to limit the total number of special event permits, to establish penalties if a permittee did not fulfill a permit condition, and to establish a fee schedule reflecting the costs of services provided by the Department in licensing and administering the permits. UDOT determined it necessary to rewrite the rule to eliminate the portions that offend the state and federal constitutions, and also to take advantage of the guidance the legislature provided in H.B. 289. The changes update the rule so that it better satisfies the needs of UDOT and the people of Utah. These changes are a complete rewrite of the rule.

Summary of the rule or change:

In Section R920-4-1, adds specific purposes and governmental interests the rule is intended to further. In Section R920-4-1.5, adds a section to define applicable terms. In Section R920-4-2, modifies the special road use permit requirements and included exceptions. In Section R920-4-3, modifies the scope of timelines. In Section R920-4-4, creates new rule defining permit fees. In Section R920-4-5, creates new rule restricting special event permits. In Section R920-4-6, creates new rule delineating requirements for non-free speech road uses section. In Section R920-4-7, elaborates on proper considerations and accommodations for free speech road uses. In Section R920-4-8, redrafts and expands special use double booking conflict resolution section. In Section R920-4-9, redrafts and expands minimum liability forms and coverage requirements section. In Section R920-4-10, expands traffic control requirements and considerations. In Section R920-4-11, expands public notification requirements. In Section R920-4-12, redrafts contingency and participant notification requirements. In Section R920-4-13, moves route identification and private property use requirements. In Section R920-4-14, moves route adherence to other government permitting requirements. In Section R920-4-15, adds a section that details the appeal process.

State statutory or constitutional authorization for this rule:

• Section 41-6a-1111
• Section 72-1-212
• Section 72-1-201

Anticipated cost or savings to:

the state budget:

The Department anticipates that these changes will allow it to generate significant savings to the state budget because they provide for the creation of a revenue neutral fee schedule to be created and used to fund the permitting program. The Department's special event permitting program has been subsidized by the state for a number of years. Fees charged for permits during the past twelve months totaled approximately $12,900, but the total cost of operating the program is estimated to be $258,893. Public policy requires that programs such as the special events permitting program be revenue-neutral and funded by the users. The fee schedule is to be determined separate from the changes to the rule and will be based upon the actual costs to the Department of operating the special event permitting program. The Department intends to hold a public hearing at which the public will be apprised of the costs of operating the permitting program and presented a proposed revenue-neutral fee schedule for review and public discussion. Therefore, an exact amount of the resulting aggregate savings to the state budget that will result due to these changes to Rule R920-4 cannot be determined at present.

local governments:

The Department does not anticipate that any additional costs or savings to the budgets of local governments will result from the changes to the rule. Many local governments have special event permitting programs that are independent of the Department's. The local governments determine their permit fees. These changes should not have a direct effect on the budgets of local governments.

small businesses:

These changes do not impose any additional tax upon or provide any subsidies for small businesses. The department does not anticipate that the changes will affect the budgets of small businesses.

persons other than small businesses, businesses, or local governmental entities:

These changes do not impose any additional tax upon or provide any subsidies for persons other than small businesses, businesses, or local government entities. The department does not anticipate that the changes will affect the budgets of persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

These changes will result in additional compliance costs for affected persons. Permit fees must be sufficient to cover the cost of operating the Department's permitting program. However, the exact amount of the additional costs for affected persons that will result due to creation of the revenue-neutral fee schedule authorized by these changes cannot be determined at this time.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed changes to Rule R920-4 are necessary to conform to the requirements of the court's ruling in the iMatter case and H.B. 289 (2015). However, the changes should not result in any negative fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2015

This rule may become effective on:

01/07/2016

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R920. Transportation, Operations, Traffic and Safety.

R920-4. Special Road Use or Event.

R920-4-1. Purpose[ and ], Authority, Scope, and Definitions of Rule.

(1) The purposes of this rule are to[ensure ]:

(a) Ensure the right of Utahns and visitors to speak and protest in public forums and other public places owned or maintained by the Utah Department of Transportation;

(b) Encourage and support special events such as parades, runs and walks, bicycle races, and film-related activities, recognizing their importance to Utah's economy and to the well-being of residents of and visitors to Utah;

(c) Manage limited resources and multiple requests for the use of the same roadways in a responsible and content-neutral manner;

(d) Encourage collaboration with local governments in the review and management of Special Road Uses;

(e) Provide guidelines and an appeal process for the review of applications for special road use permits; and

(f) Set reasonable time, place, and manner restrictions for the safe use of roadways for free speech events, and set reasonable requirements on other special events on highways and land under the jurisdiction of the Department to protect public safety[and minimize disruption to the traveling public when state controlled], persons, and property, and to accommodate the interests of persons not participating in the assemblies to use the roadways for travel;

(2) This rule is intended to further the following governmental interests:

(a) The rights of [way are used for parades, marathons, film related activities]Utahns to speak, protest, and [bicycle races]peaceably assemble;

(b) The safety of all participants in, and [to enable]spectators of, special events[through a responsible];

(c) The safety of the travelling public;

(d) The ability of emergency service providers to access and [controlled permitting process.]care for participants and spectators in special use events, and for residents near to such event;

(e) The management of limited resources;

(f) Utah's tourism industry and its strong economy;

(g) The ability of residents and others not participating in any special event, to travel on the roadways and to access private property without unreasonable disruption; and

(h) The protection against unreasonable financial burdens on the Department or the State.

(3) This rule is authorized by Sections 72-1-201, 72-1-212 and 41-6a-1111 of the Utah Code Annotated. This rule applies to all highways and adjacent rights-of-way under the Department's jurisdiction[of the Utah Department of Transportation ("Department").].

(4) Definitions.

The following definitions shall apply for purposes of Rule 920-4:

(a) The "Applicant" means an individual, corporation, unincorporated association, Local Government, or other organization, seeking a Special Event Permit. "Applicant" also includes any predecessors or successors in interest to the Applicant, and, if the Applicant is an entity, any officers and principals of the Applicant.

(b) A "Day" means a calendar day, except as otherwise expressly stated in this Rule.

(c) "Department" means the Utah Department of Transportation.

(d) A "Free Speech Road Use" means a type of Special Road Use conducted for the purpose of persons expressing their political, social, religious, or other views protected by the First Amendment to the United States Constitution and Article I, Section 15 of the Utah Constitution during the event. A "Free Speech Road Use" does not include:

(i) Solicitations or events which primarily propose a commercial transaction;

(ii) Bicycle races or events;

(iii) Foot races, including fun-runs, races, walks, and similar events;

(iv) Motorcycle rallies, parades, and similar events; or

(v) Use of highways and adjacent rights-of-way for filming.

(e) "Local Government" means a municipality as defined in Utah Code Subsection 10-1-104(5), a county, or an institution of higher education defined in Utah Code Section 53B-2-101.

(f) A "Short-Notice Free Speech Road Use" means a type of Free Speech Road Use which arises out of, or is related to, events or other public issues which cannot be reasonably anticipated far enough in advance of the occurrence to allow compliance with the deadlines otherwise required in this Rule. An Applicant bears the burden of demonstrating that a proposed Free Speech Road Use is a Short-Notice Free Speech Road Use.

(g) A "Special Event Permit" means a permit sought or granted by the Department for a Special Road Use.

(h) A "Special Road Use" means a use or event taking place on a highway or adjacent to a highway other than normal traffic or lawful pedestrian movement.

(i) A Special Road Use includes:

(A) A demonstration, rally, vigil, picket line or similar gathering;

(B) A parade or march;

(C) A bicycle race or event;

(D) A foot race, including a fun-run, race, walk, or similar event;

(E) A motorcycle rally, parade, ride or similar event; and

(F) The use of highways and adjacent rights-of-way for filming.

(ii) A "Special Road Use" does not include:

(A) Outdoor advertising, regulated by the Protection of Highways Act, Utah Code Section 72-7-501 et seq. and Utah Admin. Code R933-2;

(B) Encroachment on, or the placement, construction, or maintenance of, roads, driveways, advertising, and utilities, regulated by Utah Code Section 72-7-701 et seq., and Utah Admin. Code R930-7; and

(C) The sole display of unattended signs or banners on or appurtenant to the roadway.

 

R920-4-2. Permit Required for Special Road Use[or Event]; Exceptions.

(1) A Special [Road Use permits]Event Permit shall be required for any [use of state highways other than normal traffic movement. A special road use or event ]Special Road Use. A Special Road Use shall not occupy the roadway until a permit is issued. [Permits may]A permit shall be obtained by [completing Department ]submitting a completed application [requirements as specified on]form to the Department [forms.

 

R920-4-3. Application Completion Requirements ]for [ Special Road Use or Event.

"Application for a Special Event Permit," or "Application for a Permit to Film on State Roads" shall be completed by the applicant seeking a ]the particular type of Special Road Use [or Event Permit. All applications for permits shall be made a minimum of 15 days prior to the specified activity]requested, accompanied by the fees as listed within the Department fee schedule and any other documents or attachments as required by this Rule.

[

R920-4-4. Special Event.]

(2) An Applicant shall send an application to the regional office in which the Special Road Use originates. If the Special Road Use continues through multiple Department Regions, the Department may designate a regional office to coordinate the application process throughout all other affected regions.

(3) A Special Event Permit shall not be required for activities that occur entirely on a sidewalk, crosswalk, or dedicated pedestrian passageway adjacent to or nearby a roadway so long as:

(a) Pedestrians are lawfully permitted to be present in the area;

(b) Reasonable measures are taken to ensure that the activity does not encroach upon the roadway or otherwise affect normal vehicular traffic flow; and

(c) Non-participating pedestrians have access to the sidewalk or passageway.

 

R920-4-3. Timeline for Submitting Applications.

(1) Subject to the requirements of this section, Applicants are encouraged to submit applications for a Special Event Permit as far in advance as is practicable to allow sufficient time for the completion of the application, for the negotiation of any conditions to the application, and for appeal, if permitted.

(2) A completed application for a Special Event Permit shall be submitted at least 30 days before the proposed Special Road Use. Any applications not received by the specified deadline may be considered by the Department if;

(a) The Applicant pays the expedited review fee as defined in R920-4-4, and

(b) There is sufficient time to process the application, to coordinate with the Applicant, and to ensure that the Applicant will comply with the terms of the permit.

(3) No application may be filed more than one year before the proposed event date.

(4) Subsection (2) does not apply to:

(a) A Special Event Permit for a Short-Notice Free Speech Road Use; or

(b) A Special Event Permit sought by a Local Government for a Special Road Use if the Local Government is responsible for the supervision and safety of the Special Road Use.

 

R920-4-4. Fees for Filing Applications; Exceptions.

(1) An application for a Special Event Permit shall be accompanied by the appropriate nonrefundable review fees as listed within the Department fee schedule. The fees are imposed as a regulatory measure and are charged only to defray the expenses of processing the application, reviewing for acceptability, and monitoring the event to ensure conformity with the intent expressed in Section R920-4-1 above.

(2) Any Special Event Permit not received by the deadline in subsection (2) of R920-4-3 shall be accompanied with a nonrefundable expedited review fee as listed within the Department fee schedule. Payment of the expedited fee does not guarantee that the Department will process the application.

(3) Subsection (1) does not apply to:

(a) A Special Event Permit sought by a Local Government if the Local Government is responsible for the supervision and safety of the Special Road Use.

(b) An application for a Special Event Permit for Free Speech Road Use if the Applicant demonstrates, by sufficient evidence, that the payment of the fee would affect the ability of the Applicant to provide for the necessities of life. If an Applicant is an organization, the Department may require proof that the organization's membership is similarly unable to pay.

(4) Subsection (2) does not apply to a Special Event Permit for a Short-Notice Free Speech Road Use. An application for a Special Event Permit for a Short-Notice Free Speech Road Use shall pay the nonrefundable fee specified in subsection (1), unless one of the exceptions in subsection (3) also applies.

 

R920-4-5. Restrictions on Special Event Permits.

(1) The Region Permit Officer shall not issue a Special Event Permit if, in the two years preceding the date of the Application:

(a) The Applicant had been granted a Special Event Permit, and the Applicant

(i) Violated a condition of the Permit, or

(ii) Failed to take reasonable care in preventing the participants in the Special Road Use from violating a condition of the permit; or

(b) The Applicant engaged in a Special Road Use without first securing a Special Event Permit.

(2) The Region Permit Officer shall not issue a Special Event Permit for Special Road Use on an overpass above a highway, if the Special Road Use is intended to draw the attention of the traffic below, and is not an incidental traversing of the overpass as part of the event path.

(3) The Region Permit Officer shall not issue a Special Event Permit for any portion of the same roadway for a period of more than 24 continuous hours, per Special Road Use.

(a) This subsection does not apply to a Special Event Permit sought by a Local Government for a Special Road Use if the Local Government is responsible for the supervision and safety of the Special Road Use.

(b) Deviations from provisions of this subsection may be allowed if they do not violate state and federal statutes, law, or regulations, and the use will be for the public good without compromising the transportation purposes of the roadway.

(c) Requests for deviations may be considered by the Department on an individual basis, upon justification submitted by the Applicant.

(d) In determining whether to grant the deviation, the Region Permit Officer shall consider the Purposes of the Rule as articulated in Rule R920-4-1(1), The Applicant shall have the burden to prove that the deviation is in the public interest and will not substantially affect the ability of residents and others not participating in any special event to travel on the roadways and to access private property without unreasonable disruption. The Region Permit Officer may require the Applicant to provide additional proof, such as a traffic impact study, to satisfy the Applicant's burden for the deviation.

 

R920-4-6. Applications for Special Event Permits for Non-Free Speech Road Uses.

This section governs the standards for review of all applications for Special Event Permits other than those covered in R920-4-7.

In addition to an Application for Special Event Permit, the Region Permit Officer shall require the Applicant to provide as necessary:

(a) Insurance coverage, waiver and release of damages and indemnification as described in R920-4-9;

(b) A traffic control plan as described in R920-4-10;

(c) Public notification as described in R920-4-11;

(d) A contingency plan, as described in R920-4-12;

(e) A route map as described in R920-4-13; and

(f) Proof that the applicant has obtained any applicable city, county, or other governmental agency approvals or permits as described in R920-4-14.

(2) In reviewing any Application for Special Event Permit, the Region Permit Officer may place reasonable restrictions on the Special Road Use. Except as provided by R920-4-5(1), no such restriction shall be based on the identity of the applicant or of persons expected to participate in the Special Road Use. The restrictions include, but are not limited to:

(a) A limitation of the total time the permittee may occupy a particular portion of roadway;

(b) A limitation on the particular time of day the permittee may occupy the roadway;

(c) A limitation on the number of lanes the permittee may occupy on the roadway;

(d) A limitation on the number or size of banners or signs any participants may carry on the roadway; and

(e) A prohibition on the use of a particular roadway and the requirement of an alternate route.

(3) The Region Permit Officer may place reasonable terms, conditions, and limitations on a Free Speech Road Use as allowed by this Rule and otherwise required by law. In placing restrictions on the Special Road Use, the Region Permit Officer shall consider:

(a) The annual number of other Special Use events scheduled on the roadway;

(b) Planned construction or repairs of the roadway or utilities underneath or adjacent to the roadway;

(c) The nature of the roadway requested for use, and the volume of traffic normally occupying the roadway at the requested time of use;

(d) The amount of time requested for use;

(e) The safety of all participants in special events;

(f) The safety of the travelling public;

(g) The ability of emergency service providers to access and care for participants and spectators in special use events, and for residents near to such event; and

(h) The ability of residents and others not participating in any special event, to travel on the roadways and to access private property without unreasonable disruption; and

(i) The overall economic impact on nearby businesses and the traveling public resulting from the Special Road Use.

(4) Applications for Special Event Permits governed by this section shall be processed. If the Region Permit Officer determines the application is incomplete, he or she shall notify the Applicant with a notice of incomplete application once the deficiency is discovered.

(5) Once the application is complete, the Region Permit Officer shall apply best efforts to provide approval, approval with conditions, or denial of the Application:

(a) Within 30 days of receipt of a complete application, or seven days before the scheduled event, whichever is earlier.

(b) In the case of an application submitted along with an expedited fee, within three business days of its receipt as complete.

 

R920-4-7. Review of Applications for Special Event Permits for Free Speech Road Uses.

This section governs the standards for review of applications for Special Event Permits for Free Speech Road Uses.

(1) In addition to any Application for Special Event Permit for Free Speech Road Use, the Region Permit Officer shall require the Applicant to provide, as necessary:

(a) A traffic control plan as described in R920-4-10;

(b) Public notification as described in R920-4-11;

(c) A contingency plan, as described in R920-4-12;

(d) A route map as described in R920-4-13; and

(e) Proof that the applicant has obtained any applicable city, county, or other governmental agency approvals or permits as described in R920-4-14.

(2) In reviewing any Application for Special Event Permit for Free Speech Road Use, the Region Permit Officer may place reasonable time, place, and manner restrictions on the Free Speech Road Use. No such restriction shall be based on the content of the beliefs expressed or anticipated to be expressed during the Free Speech Road Use, or on factors such as the identity or appearance of persons expected to participate in the assembly.

(3) In placing reasonable time, place, and manner restrictions on the Special Road Use, the Region Permit Officer shall consider:

(a) The annual number of other Special Use events scheduled on the roadway;

(b) Planned construction or repairs of the roadway or utilities underneath or adjacent to the roadway;

(c) The nature of the roadway requested for use, and the volume of traffic normally occupying the roadway at the requested time of use;

(d) The amount of time requested for use;

(e) The safety of all participants in special events;

(f) The safety of the travelling public;

(g) The ability of emergency service providers to access and care for participants and spectators in special use events, and for residents near to such event; and

(h) The ability of residents and others not participating in any special event, to travel on the roadways and to access other public and private property without unreasonable disruption.

(4) The Region Permit Officer may place reasonable terms, conditions, and limitations on a Free Speech Road Use as allowed by this Rule and otherwise required by law. In placing time, place, or manner restrictions on a Free Speech Road Use, the Region Permit Officer shall select restrictions that are tailored to address any identified risks of harm or other articulated governmental interests. The restrictions include, but are not limited to:

(a) A limitation of the total time the permittee may occupy a particular portion of roadway;

(b) A limitation on the particular time of day the permittee may occupy the roadway;

(c) A limitation on the number of lanes the permittee may occupy on the roadway;

(d) A limitation on the number or size of banners or signs any participants may carry on the roadway;

(e) A prohibition on the use of a particular roadway and the requirement of an alternate route, where other restrictions will not protect the governmental interests affected by the Free Speech Road Use, and ample alternatives for speech exist.

(5) Once the application is complete, the Region Permit Officer shall apply best efforts to provide approval, approval with conditions, or denial of the Application within 30 days of receipt of a complete application, or seven days before the scheduled event, whichever is earlier.

(6) Applications for Special Event Permit for a Short-Notice Free Speech Road Use shall be processed on an expedited basis, and the Region Permit Officer shall apply best efforts to provide approval, approval with conditions, or denial of the application within three business days of its receipt as complete.

 

R920-4-8. Special Use Double Booking Conflict Resolution.

[Special event permits may not be accepted more than a year in advance of the actual event date. All special event permits are time and date stamped.](1) In cases where a double booking [type ]conflict [might surface]arises, the Department will encourage any secondary, or subsequent, [applicant]Applicant to review the feasibility of collocating with the original [applicant]Applicant. If collocating proves impracticable, the Department will encourage any secondary, or subsequent, [applicant]Applicant to offer a viable alternative strategy that meets the needs of all [applicants]Applicants, while also ensuring adequate public safety measures remain intact.[The]

(2) For non-Free Speech Special Road Uses, the Department may also rely on local agency assistance with establishing special event permitting priorities[. In all cases, the Department has]and reserves the authority to exercise the discretion in giving priority consideration to an applicant based on an evaluation of historic use, potential economic benefit, and other relevant factors.

(3) In cases where none of the aforementioned conflict resolution strategies prove effective in remedying a continuing dispute between multiple applicants, and the Department [reserves]determines that collocating is impracticable, the [right to determine which special event permit]Special Event Permit will be issued based on the earliest recorded application time and date where the Department has determined the [applicant]Applicant has fully completed all application requirements.

 

R920-4-[5]9 . Minimum Liability Coverage, Waiver and Release of Damages Form, and Indemnification Form Completion Requirements.

[The applicant](1) The Applicant for a Special Event Permit governed by R920-4-7 shall obtain and provide proof of liability insurance at time of application naming the "State of Utah, the Department and its [employees]Employees" as an additional insured under the certificate, with a minimum $1,000,000 coverage per occurrence and $[2]3,000,000 in aggregate. The [applicant]name of the insured on the insurance policy and the name of the Applicant shall be identical.

(2) The Applicant may fulfill the requirements of Subsection (1) by providing

(a) Sufficient proof that the Applicant has secured liability insurance for the event required by another governmental entity which meets the minimum coverage requirements contained in Subsection (1), and

(b) The Applicant has included the "State of Utah, the Department of Transportation, and its Employees" as an additional insured on the policy.

(3) The Applicant shall complete the appropriate "Waiver and Release of Damages" and "Indemnification" forms prior to permit issuance. All event participants shall also complete the "Waiver and Release of Damages" form prior to participating in the permitted event.

[

R920-4-6. Waiver and Release of Damages Exception.

Participants in a free speech event on state rights of way are not required to sign or submit the "Waiver and Release of Damages" form described in R920-4-5, however the applicant of a free speech event is still required to complete the "Indemnification" form prior to permit issuance.

 

R920-4-7. ] (4) The Applicant [ Record Retention Requirements.

Where multiple participants are involved in the special road use or event, the applicant ]is responsible for ensuring each [event ]participant completes the [appropriate ]"Waiver and Release of Damages" [and "Indemnification" ]form prior to participating in the event. The originating [applicant]Applicant is the custodian of all signed participant waivers, as specified in [R920-4-4,]subsection (3), and shall produce these upon demand for inspection and review by the Department at any time within 12 months after the completion of the event.[The Department may also require the originating applicant to sign the original forms, as specified in R920-4, prior to permit issuance.]

 

R920-4-[8]10 . Traffic Control Requirements and Considerations.

(1) All traffic control is the responsibility of the [applicant]Applicant. A traffic control plan, in accordance with R920-1, R930-6 and [Barricading and Construction ]Department Standard and Supplemental Drawings, shall be provided to, and approved by , the [District]Region Traffic Engineer, or other authorized Department designee. [The applicant shall restore]If the [particular road segment]Region Traffic Engineer deems it necessary, considering the nature of the Applicant's Special Road Use and the proposed event path, the Applicant may be required to [its original condition, free from litter, etc. An]perform and provide a traffic impact study for the Special Road Use.

(2) Road closures will require appropriate traffic control. Appropriate traffic control may include by uniformed state, county, or local peace officers, or a private company, identified event staff, or physical devices, as determined by the Department.

(3) The Region Permit Officer may require an alternate route[may be required], or alternative time, if the proposed Special Road Use occurs when traffic volumes are high, active road construction is present, an alternate event is already occupying the road, a safer route can accommodate the event, or the event poses a significant inconvenience to the traveling public.[Road closures will require traffic control by Uniformed Peace Officers. The Department may require local police, the sheriff's department, the highway patrol, or the Department's Incident Management Team to inspect and monitor traffic control.]

(4) All railroad crossings and bridges shall be given special attention. The [applicant]Applicant shall coordinate with the appropriate railroad representatives to ensure the event schedule does not conflict with the operation of the railroad.

(5) The Applicant shall restore the particular road segment to its original condition, free from litter and, other material changes.

(6) The Department may monitor and ensure compliance with the terms and conditions of any Special Event Permit, and require the Applicant to pay a monitoring and compliance fee at the rates authorized within the Department's fee schedule.

 

R920-4-[9]11 . Public Notification Requirements.

(1) As determined by the Region Permit Officer, the [applicant shall distribute a ]Applicant may be required to provide advance notification to the general public regarding the Special Road Use, depending on the nature of the roadway being used, the time of day of the use, and the impact on the non-participating travelling public and adjacent businesses.

(2) The Region Permit Officer may require the Applicant to inform the general public about the date, time, affected roads, traffic impacts, an estimate of the anticipated length of delay, and other information necessary to provide reasonable notice to the public of the Special Road Use. The methods of notification may include:

(a) A news release distributed to all local radio stations, television stations, and newspapers that announce the event and advise residents of alternate routes and potential delays.[The news release shall include the date, times, affected roads, and shall also include an estimate of the anticipated length of delay.]

(b) The posting of signs, including variable message signs, along the Special Road Use route for a reasonable period of time prior to the event;

(c) Attempts by the Applicant to personally contact residents and businesses along the Special Road Use route;

(d) The retention of a dedicated agent or public relations firm to maximize the distribution of the message.

(3) Any signs required to be posted pursuant to this rule, including any variable message signs, shall not advertise the event itself or any private products or services.

 

R920-4-[10]12 . Contingency Plan and Participant Notification Requirements.

[The applicant is required to ](1) Considering the nature of the planned Special Road Use, the Applicant shall develop[plans for, and notify, each event participant on the following contingencies;]:

(a) Contingency or emergency plans[in the event of an accident or injury, closest hospitals, how to obtain emergency assistance, etc., locations of ],

(b) Planned rest areas, [locations of ]water facilities, and trash cleanup[plans], and

(c) Plans to ensure that [all ]participants [are required to ]obey [all ]the conditions of the Special Event Permit and all other generally applicable traffic laws, lights, and signs.

(d) The Region Permit Officer may require that the Applicant provide notice to participants, bystanders, or the public of all plans enumerated in subsection (1) of this Rule. The amount of and method of notice shall be dependent on the circumstances of the Special Road Use.

 

R920-4-[11]13 . Event Route Identification and Private Property Use Requirements.

The [applicant]Applicant shall provide a detailed map showing the proposed course and direction of the event. Locations of parking areas, water stations, toilet facilities, and other appropriate information shall also be included on the map[.]if deemed necessary by the Region Permit Officer. These areas cannot be located within the state right-of-way. The applicant is responsible for obtaining appropriate permission to locate these facilities on private property.

 

R920-4-[12]14 . Adherence to Municipal, County, or other Governmental Agency Permitting Requirements.

The [applicant is responsible for obtaining]Applicant shall procure any applicable city, county, or other governmental agency [permit. Demonstration of compliance with ]approvals or permits.

 

R920-4-[12]15. Appeal.

(1) An Applicant may [be required]appeal the following determinations of a Region Permit Officer:

(a) Any denial of a Special Event Permit;

(b) A denial of a deviation request as described in Rule R920-4-5(3)(b);

(c) A determination that a proposed Special Road Use is not a Free Speech Road Use or Short-Notice Free Speech Road Use; and

(d) Any time, place, or manner restriction placed on a Special Event Permit for a Free Speech Road Use that the Applicant believes is unreasonable or illegal.

(2) The following process shall be used for an appeal:

(a) An Applicant may appeal the determinations described in subsection (1) decision to the Department's Program Development Director,

(b) Any appeal to the Department's Program Development Director shall be in writing and shall include:

(i) A statement of the basis for the objection,

(ii) Any supporting documents to be used in the appeal, and

(iii) A copy of any written decision issued by the Region Permit Officer.

(c) The Department's Program Development Director shall make a decision on appeal, based on the written submissions of the Applicant, and the Department's file.

(d) The Department's Program Development Director shall concur with, modify, or overrule the decision of the Region Permit Officer. The decision shall be in writing and shall explain the reasons for the decision.

(3) Appeals shall be resolved within the following timelines:

(a) For appeals brought under subsections (1)(c) or (d), the Department's Program Development Director shall issue a decision as soon as reasonably practicable, but no later than three business days after the Department's Program Development Director receives the written appeal.

(b) For all other appeals, the Department's Program Development Director shall issue a decision no later than 14 days prior to the [Department issuing any special road use or event permit]planned date of the Special Road Use, or within 30 days after the appeal has been lodged, whichever is later.

 

KEY: parades, [ bicycle ] permits , road races, [ films ] special events

Date of Enactment or Last Substantive Amendment: [December 10, 2012]2016

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

 

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