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.