11-61-102. Definitions.

390 words·~2 min read·/ut/title-11/chapter-61/11-61-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

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.

(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)"Political subdivision" means a county, city, or town.

(b)"Political subdivision" does not mean:

(i)a special district under Title 17B, Limited Purpose Local Government Entities - Special 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.

(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.

(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.

Amended by Chapter 438 , 2024 General Session