11-61-104. Time, place, and manner restrictions -- Generally applicable restrictions by ordinance.
195 words·~1 min read·
/ut/title-11/chapter-61/11-61-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/14/2019
11-61-104. Time, place, and manner restrictions -- Generally applicable restrictions by ordinance.
(1)If a political subdivision imposes a generally applicable or individually applicable time, place, and manner restriction on expressive activity on public grounds, the political subdivision shall ensure that the restriction:
(a)is narrowly tailored to serve an important governmental interest, including public access to the public building, public safety, and protection of public property;
(b)is unrelated to the suppression of a particular message or the content of the expressive activity that the restriction addresses; and
(c)leaves open reasonable alternative means for the expressive activity.
(2)A political subdivision may not impose a generally applicable time, place, and manner restriction on expressive activity on public grounds unless the political subdivision:
(a)imposes the restriction by ordinance; or
(i)adopts an ordinance to guide the adoption, by policy or practice, of restrictions on expressive activity on public grounds; and
(ii)adopts, by policy or practice, the restriction in accordance with the ordinance described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection
(1).
Enacted by Chapter 188 , 2018 General Session
Technically renumbered for proper placement.