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

  (1) The purposes of this rule are to:

  (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, 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 Utahns to speak, protest, and peaceably assemble;

  (b) The safety of all participants in, and spectators of, special events;

  (c) The safety of the travelling public;

  (d) 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;

  (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.

  (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.