Chapter 12.30
PUBLIC ASSEMBLIES
Sections:
12.30.030 Licensing and registering of certain public assemblies.
12.30.040 Conditions for issuing a license.
12.30.050 Application for license.
12.30.060 Registered free speech activities regulations.
12.30.070 Registering certain free speech activities.
12.30.080 Unregistered free speech activity regulations.
12.30.090 Standards and practices.
12.30.100 Glass containers prohibited for licensed assemblies and registered free speech activities.
12.30.120 Revocation and restriction.
12.30.010 Intent.
The city council of Eagle Mountain City finds that it is in the public interest to regulate the outdoor assemblage of numbers of people, in excess of those normally using the health, sanitary, fire, police, transportation and utility services regularly provided in the city in order that the health, safety, and welfare of all persons in the city, residents and visitors alike, may be protected from unprotected conduct and conditions which create disturbances, become nuisances, menace life, limb, and property, disrupt traffic, and create or threaten tangible public or private mischief. It is the intent of the city council to accommodate public assemblies and other free speech activities subject to reasonable time, place, and manner restrictions, consistent with the provisions of the Constitutions of the United States and the state of Utah, in order to preserve the privacy of individual residences, and to protect the health, safety and welfare of all persons within the city, residents and visitors alike. It is not the intent of the city council to regulate the content of protected speech in any way, and this chapter should not be interpreted, nor construed as a prior restraint on protected speech or rights of assembly. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.020 Definitions.
As used in this chapter:
“Advance planned free speech activity” means a free speech activity that can be reasonably scheduled in advance of its occurrence.
“Assembly” means a company of persons gathered together at any location at any single time for any purpose.
“Commercial solicitation” means any activity conducted for the purpose of advertising, promoting, fundraising, buying, or selling any product or service, encouraging membership in any group, association, or organization, or the marketing of any product or service for sale or hire by distributing handbills, leaflets, circulars, advertising or dispersing printed materials for commercial purposes. “Commercial solicitation” does not include: a free speech activity; filming or photographic activities; solicitation by the state or federal government; solicitation related to the business of Eagle Mountain City; solicitation related to the procurement responsibilities of Eagle Mountain City; solicitation allowed as a matter of right under applicable federal or state law; or solicitation made pursuant to a contract or lease with Eagle Mountain City.
“Demonstration” means the assembly of a group of individuals that join together to express a point of view openly.
“Eagle Mountain City property” has the same meaning as “city property.”
“Freedom of assembly” means the exercise of freedom of assembly as protected by the Constitutions of the state of Utah and the United States.
“Free speech” means the exercise of free speech as protected by the Constitutions of the state of Utah and the United States.
“Free speech activity” means the exercise of the rights of free speech and/or freedom of assembly.
“Leafleting” means the unsolicited distribution of buttons, handbills, pamphlets, flyers, or any other written or similar materials to pedestrians or passersby.
“Person” or “individual” means any individual natural human being, partnership, corporation, firm, company, association, society or group.
“Public areas” means the hallways, foyers, amenities and spaces open to the public and under the ownership of Eagle Mountain City.
“Restriction” means a refusal to grant or allow an assembly or vendor, product, reservation or event a license without regulations on its time, place or manner due to noncompliance with relevant city ordinance or these standards and practices policies and procedures.
“Revocation” means a refusal to grant or allow an assembly or vendor, product, reservation or event a continuation of license resulting from the determination of noncompliance with relevant city ordinance or these standards and practices policies and procedures.
“Short notice free speech activity” means a free speech activity occasioned by news or affairs coming into public knowledge less than 48 hours prior to such event. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.030 Licensing and registering of certain public assemblies.
A. The license and fees or registration required by this chapter shall not apply to any regularly established, permanent, enclosed place or structure such as a residence or to a residential lot occupied by the sponsor of the assembly, or to a stadium, athletic field, sports arena, public auditorium or coliseum, or other similar enclosed, permanently established place of assembly approved and licensed by the city as a place of public assembly approved by Eagle Mountain City. The license and fees or registration required by this chapter shall not apply to any noncommercial gatherings of persons on a cul-de-sac or within 150 feet and on the same street. This exclusion does not apply to structures which are operating under a temporary use permit. It is not permitted for assemblies to exceed by more than 10 people the maximum seating capacity of any other structure where an assembly is held. “Festival seating” and/or “standing room only admission” is not permitted at any event held in such other structures.
B. This chapter shall not apply to government sponsored events or any event that could be construed as a forum for government speech. It shall not apply to events held on regularly maintained and managed church properties including but not limited to sports fields, farms, or buildings grounds or parking lots. Furthermore, it shall not apply to government speech at civic events, arts events, sports leagues, festivals, public hearings or other governmental activities sponsored or cosponsored by Eagle Mountain City on public or private property. The Eagle Mountain city council may choose to designate the Eagle Mountain City as a cosponsor of any event if in its judgment the benefit to the community offered by the event is substantial and the risk of disruption is relatively minimal. This chapter shall not apply to the normal day-to-day operation of permanently established parks under ownership and control of the city.
C. No person engaged in a business enterprise and not heretofore exempted shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to attend an outdoor assembly reasonably anticipated to consist of 30 or more persons, whether on public or private property, unless a license to hold the assembly has been issued by Eagle Mountain City.
D. A separate license shall be required for each location in which 30 or more people assemble or can reasonably be anticipated to assemble. The nonrefundable administrative fees for each license shall be as follows:
1. Ten dollars for each day of an assembly over 30 people to defray the costs associated with processing and reviewing the application.
2. In order to promote, protect and assure the safety and convenience of the people in their use of public streets and places, the Utah County sheriff’s office (UCSO) shall coordinate the use of professional peace officers if the assembly requires traffic control or police protection (public safety), and an additional fee shall be charged by the city for the benefit of the UCSO to cover the actual costs incurred. The UCSO shall specify the costs that shall constitute the public safety security component of the license fee required upon approval of the license application of the UCSO, based upon the number of officers and amount of support equipment required by such factors as the date and time of the event; the route location and length; the anticipated traffic and weather conditions; the estimated number of participants and spectators; the composition, format, and configuration of the event; and the estimated time for the event. In no circumstances shall any law enforcement fee or law enforcement requirement hereunder be based upon the content of the speech at the assembly. The fee charged for traffic control and/or police protection (public safety) shall be paid prior to the issuance of the license.
3. Additional fees may be charged by the Utah County health department or other county agencies for special services, equipment, or facilities provided by these agencies. Such additional fees shall be specified at the time the license application is approved by the city council.
E. The following commercial solicitation activities are prohibited on Eagle Mountain City property: door-to-door commercial solicitation of items, services, or donations; commercial solicitation to persons in vehicles or leaving any commercial solicitation materials on vehicles in Eagle Mountain City parking lots; any sale of food or beverage products except by an entity under contract with Eagle Mountain City; and any sale of other products except as allowed under a contract with Eagle Mountain City, or as an integral part of governmental business on Eagle Mountain City property. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 1; Ord. O-13-2001 § 1. Formerly 12.30.010].
12.30.040 Conditions for issuing a license.
In the application for a license, each applicant shall disclose the maximum number of people which will be assembled or admitted to the location of the assembly. The maximum number shall not exceed the maximum number that can reasonably assemble at the location of the assembly in consideration of the nature of the assembly. All outdoor public assemblies under this chapter shall be discontinued no later than 12:00 a.m. on the day following a licensed assembly that occurs on a Friday or Saturday and no later than 10:00 p.m. on any other day and the security deposit furnished by the applicant shall guarantee the timely closure of the property licensed for the assembly in compliance with the terms of this chapter.
Before a license is issued, the applicant shall provide proof satisfactory to the mayor, or his/her designee, that it will furnish at its own expense prior to the commencement of the assembly, and as a condition of issuance of the license, the following:
A. A crowd control fence enclosing the proposed location with appropriate fencing and access gates, if required by the Utah County sheriff’s office, to prevent trespass to adjoining properties;
B. Potable water, meeting all federal and state public drinking water requirements, sufficient to provide water for the maximum number of people assembled at the rate required by Utah state law;
C. Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate required by Utah state law. All portable toilets shall be serviced and pumped out within 48 hours of conclusion or closing of the public assembly;
D. A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people assembled at the rate of at least two and one-half pounds of solid waste per person per day, together with a plan for holding, collecting and removing all such waste at least once each day of the assembly and sufficient trash cans with tight fitting lids and personnel to perform the task. The applicant shall ensure that all trash and garbage associated with the assembly, to include trash and garbage that has been placed on property not owned by the applicant, is cleaned up within 24 hours of the termination of the assembly;
E. The fire chief may modify the number of EMT personnel required by this subsection based on the activities proposed at the assembly described in the license application. At events where attendance is expected to exceed 250 persons, a minimum of two physicians or emergency medical technicians (EMTs) licensed to practice in the state of Utah sufficient to provide emergency medical care for the maximum number of people to be assembled at the rate of at least one additional physician or EMT for every 1,500 people, together with an enclosed covered structure where treatment may be rendered, and at least one emergency ambulance available for use at all times;
F. Personnel situated at each entrance to the assembly grounds to restrict alcoholic beverages (including beer) to persons of legal age, and to restrict the use of glass containers;
G. If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five foot-candles, but not to illuminate the sky or beyond the boundaries of the enclosed location of the assembly;
H. A free improved parking area inside of the assembly ground sufficient to provide parking space and the necessary access routes to each parking space, for the maximum number of people. Provided, however, the requirement for free parking may be waived by the city if a plan is approved by the city manager and designated county sheriff’s deputy showing that vehicles will not interfere with normal traffic flows, will be kept off the public streets and that allowing paid parking will be injurious to the public health, safety, and general welfare. Due to the traffic hazards it causes, in no case shall on-street parking during public assemblies of over 250 persons be allowed;
I. Adequate security personnel for purposes of crowd and traffic control for events with anticipated attendance of over 250 persons. Security personnel shall be attired in distinctive dress or security uniforms that clearly differentiate security personnel from the crowd (assembly) and are not permitted to carry weapons. Security guards must be either trained staff, duly sworn off-duty police officers (out of uniform) of the state of Utah or private guards licensed in the state of Utah. The UCSO may require the use of an adequate number of professional peace officers for traffic control and police protection (public safety), such officers to be provided by the UCSO. Security personnel and the UCSO may interrupt any assembly activity at any time in the discretion of sheriff’s personnel, in the event of a life threatening emergency;
J. Parking personnel sufficient to handle all vehicular traffic generated by the assembly as determined by the city, but in no event less than one parking attendant for every 150 vehicles;
K. Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all federal, state and local standards for the location of the assembly and sufficient emergency personnel to efficiently operate the required equipment;
L. For events held on public property, a refundable cash deposit or equivalent bond with the recorder of Eagle Mountain City to cover any cost incurred in cleaning up any waste material produced or left by the assembly based on the maximum number of anticipated attendees as follows:
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30 – 75 = $300 |
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75 – 200 = $500 |
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200 – 500 = $1,500 |
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500 – 2,000 = $3,000 |
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2,000+ = $10,000 |
M. At events with paid admission, a single limit broad form liability insurance policy acceptable to the city with minimum policy limits of $1,000,000 for events with an anticipated assembly of 100 to 5,000, $2,000,000 for events with an anticipated assembly of at least 5,001 to 10,000 and $5,000,000 for events with an anticipated assembly of 10,001 or more. The policy must be from an A+ 12 rated or better insurance company which specifically names Eagle Mountain City, its officers, agents, servants, and employees as insured parties. Eagle Mountain City reserves the right to require additional insurance coverage based on the nature and location of the assembly, the number of people to be assembled, and other relevant factors. The applicant must also obtain an employer’s liability compensation insurance policy with a minimum policy limit of $1,000,000 and workman’s compensation insurance. The insurance policies shall be noncancelable 10 days prior to the assembly and must contain a provision that if canceled before said 10-day period, the insurance company must immediately notify in writing by registered mail the Eagle Mountain City recorder of such cancellation. If an insurance policy is canceled, the applicant shall immediately cancel the assembly or obtain like insurance acceptable to the city not less than 10 days prior to the assembly;
N. In consideration for the issuing of a license and the use of public streets or property, the applicant agrees to indemnify, save harmless, and defend Eagle Mountain City, its officers and employees, against any claim for loss, damage or expense sustained by any person on account of injury, death or property damage, occurring by reason of or arising out of the assembly;
O. If the assembly uses a public address system or sound amplification equipment in the amplification of live or recorded music, the noise levels shall not disturb the peace and quiet of residents or occupants of commercial businesses or exceed the limits established by the city in applicable ordinances, regulations or other statutes;
P. All assemblies shall conclude prior to 12:00 a.m. on the day following a licensed assembly that occurs on a Friday or Saturday and no later than 10:00 p.m. on all other nights in order to protect the security and peaceful environment of city citizens during the nighttime. All patrons shall have left the premises of the event no later than one hour following the conclusion of the assembly. Exceptions to the hours of operation limitations may be granted on a case-by-case basis where exceptional circumstances exist, such as campouts and other overnight activities;
Q. Back-to-back assemblies on subsequent days at the same locations, where over 200 people are in attendance at each assembly, may be unreasonably inconvenient and cost prohibitive to the public as a result of traffic congestion, exhaustion of city law enforcement resources, trash concerns, and the right of residents to a peaceful environment. As such, back-to-back events shall be approved in special circumstances where the applicant can demonstrate to the city council that such assemblies will not be injurious to the health, safety, and general welfare of residents of the area. This provision shall not be construed, nor is it the intent of the city council, to be a prior restraint on speech, but a reasonable time, place, and manner regulation;
R. Where parking is designated in an unpaved area, the applicant shall water down the area to prevent airborne particulate matter and mitigate dust;
S. The mayor, or his/her designee, may impose other conditions, in addition to those specified herein, as may be reasonable to protect the public interest by ensuring traffic management, security of property and the health and safety of the public. Such conditions may include, but are not limited to, restrictions on the times of assemblies due to other previously approved events that could cause scheduling conflicts during the same period and thus create an over extension of the city’s resources, traffic mitigation/management provisions, additional sanitary requirements, and/or noise restrictions. Such conditions shall directly relate to mitigating the negative impacts of such assemblies and shall not be construed to regulate speech, nor to prevent lawful freedom of speech or lawful assembly. [Ord. O-21-2024 § 2 (Exh. A); Ord. O-20-2023 § 2 (Exh. A); Ord. O-03-2016 Exh. A; Ord. O-30-2004 § 2; Ord. O-13-2001 § 2. Formerly 12.30.020].
12.30.050 Application for license.
For large public assemblies over 100, applications shall be filed at least 30 days in advance of such assembly. For public assemblies under 100, applications shall be filed at least 15 days in advance of such assembly. These time limits are required in order to allow sufficient time to process the applications.
For large public assemblies which occur as a regularly established ongoing event series within the city (i.e., entertainment series which have multiple concerts or performances throughout the year), a comprehensive operational plan and schedule of performances shall be required 90 days in advance of the initial yearly performance. This requirement shall not serve in lieu of individual large public assembly licenses, which shall be required for each assembly; rather it is to be construed as an additional requirement thereto.
The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application in the case of a corporation, by all partners in case of a partnership or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group. Applications shall be made available from the city recorder’s office.
The application shall contain all the following information and disclose:
A. The name, age, residence and mailing address of all persons required to sign the application as set forth herein and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10 percent or more of the stock of said corporation;
B. The address and legal description of all property upon which the assembly is to be held together with the name, residence, and mailing address of the record owner(s) of all such property, together with a plan in form acceptable to the city development department showing the boundaries of the site and the location of all relevant health and sanitation facilities;
C. Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for an assembly;
D. The nature or purpose of the assembly;
E. The total number of days and/or hours during which the assembly is proposed;
F. The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly;
G. The maximum number of tickets to be sold, if any;
H. The plans of the applicant to limit the maximum number of people permitted to assemble;
I. The plans for fencing the location of the assembly and the gates contained in such fence or other method of restricting entrance to the assembly;
J. The plans for holding, collecting, and disposing of solid waste material;
K. The plans for providing toilet and lavatory facilities including the source, number, location and type, and the means of disposing of waste deposited;
L. When required, the plans for traffic control, mitigation, and management;
M. When required, the plans to provide for medical facilities including the location and construction of a medical structure, the names and addresses and hour of availability of physicians, nurses, and emergency medical technicians, and provisions for emergency ambulance service;
N. The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lamps;
O. The plans for parking vehicles including size and location of lots, points of highway access and interior roads including routes between highway access and interior roads and the routes between highway access and parking lots, and the number of parking personnel, their deployment, and their names, addresses, credentials and hours of availability, or names, and addresses and credentials of any established company providing such service;
P. If special permission is requested for multi-day activities, the plans for camping facilities, if any, including facilities available and their location;
Q. When required, the plans for security including the number of guards, their deployment, and their names, addresses, credentials and hours of availability; or names, addresses, and credentials of a bona fide security company providing such security;
R. When required, the plans for fire protection including the number, type, and location of all protective devices including alarms and extinguishers, and the number of emergency fire personnel available to operate the equipment;
S. The plans for food concessions and concessionaires who will be allowed to operate on the grounds including the names and addresses of all concessionaires and their license or permit numbers;
T. A signed statement from the zoning enforcement officer of the city that the plans of the applicant meet all applicable zoning laws;
U. A signed statement from the director of the Utah County health department that the plans of the applicant meet all state and local health requirements;
V. A copy of the insurance policy to be used as required by EMMC 12.30.040(M);
W. A signed statement from the county sheriff that the assembly will not substantially interrupt the flow of traffic or require the excessive diversion of police from other duties;
X. A signed waiver acknowledging receipt, understanding, assumption of risk, and good faith compliance with Eagle Mountain City’s standards and practices and indemnifying Eagle Mountain City if any financial loss results following a determination of noncompliance;
Y. The plans for satisfying any other condition of license approval imposed by the mayor, or his/her designee;
Z. The application shall include the cash deposit or bond required in EMMC 12.30.040(L); the deposit and the required license fee shall be paid in cash, certified check or money order. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 3; Ord. O-13-2001 § 3. Formerly 12.30.030].
12.30.060 Registered free speech activities regulations.
The purpose of this section is to promote and encourage free speech on Eagle Mountain City property; preserve the right of every person to exercise free speech and freedom of assembly as protected by the Constitutions of the state of Utah and the United States, within the boundaries of Eagle Mountain City subject to lawful time, place, and manner rules necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of assembly, and to minimize disruption to governmental business; facilitate public assembly and communication between people on Eagle Mountain City property and employees and elected representatives of the city; designate areas on Eagle Mountain City property for free speech activities that are necessary to protect the public health, safety and welfare, including safety and security considerations, the rights of others to exercise free speech and freedom of assembly, and to minimize disruption to governmental business; and establish guidelines to promote and encourage free speech activities and public assembly on Eagle Mountain City property.
Unless specifically regulated by this chapter as to time, place, or manner, all free speech and freedom of assembly may occur in all public areas in any lawful form or manner as guaranteed by the Constitutions of the state of Utah and the United States.
Except as otherwise provided under this chapter and the Eagle Mountain Municipal Code, each free speech activity shall be subject to the following, which provides general regulations on the use of Eagle Mountain City property, including regulations on noise levels, disruption of meetings, and access to buildings, halls, stairways, restrooms, and other amenities:
A. In the case of a conflict between this section and conflicting Eagle Mountain Municipal Code section, this section shall control.
B. Free speech activities held outdoors within the boundaries of Eagle Mountain City property shall conclude no later than 12:00 a.m. on the day following a free speech activity that occurs on a Friday or Saturday and no later than 10:00 p.m. on all other nights.
C. Free speech activities held indoors on Eagle Mountain City property may take place: during regular business hours; and during city council sessions, and commission, committee and agency meetings, until such meetings are adjourned and under the rules of decorum for those bodies.
D. In order to accommodate as many groups as may make requests to conduct advance planned free speech activities on a given day, a free speech activity in a specified public area may be limited to two hours when necessary to accommodate another prescheduled group in the same public free speech area. The time of a free speech activity in a specified public area may be shortened to two hours in duration if necessary to accommodate another group in the same public area that has qualified for a short notice free speech activity.
E. Health, safety, and welfare restricted areas that may not be reserved for a free speech activity are: the vehicular traveled portions of roads, roadways or parking lots; areas directly in front of or adjacent to parking garage entrances or exits, paths of egress, or access to stairs and emergency egress hallways; areas under construction which are hazardous to nonconstruction workers; and those specific portions of Eagle Mountain City property that contain storage, utilities, personal workspace, or technology servicing Eagle Mountain City Hall or other areas, which either must be available for prompt repair, are not open for public use, or represent a danger to members of the public.
F. With the exception of leafleting activities, which are provided for in EMMC 12.30.140, all advance planned free speech activities shall comply with the registration requirements of this chapter which shall be administered by the mayor, or his/her designee. Short notice free speech activities shall be registered in accordance with this chapter when feasible.
G. Consistent with the protections of the Utah and United States Constitutions, and in order to preserve the free speech rights of others, outbursts or similar actions which disrupt or are likely to disrupt any government meeting or proceeding are prohibited. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.070 Registering certain free speech activities.
A. For large advance plan free speech activities with over 100 individuals, registration shall occur at least 30 days in advance of such activity. For ad-free speech activities with fewer than 100 individuals, registration shall occur at least 15 days in advance of such assembly. These time limits are required in order to allow sufficient time to process the registration. Free speech activities may be registered upon shorter notice when it is possible for staff to process the registration and still fulfill the intent of this chapter.
B. Anyone registering a free speech activity shall sign a statement made upon oath or affirmation that any statements provided are true and correct to the best knowledge of the registrant and shall be signed and sworn to or affirmed by the individual registering the free speech activity in the case of a corporation, by all partners in case of a partnership, or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group. Forms for registering free speech activities shall be made available from the city recorder’s office.
C. The mayor or his/her designee may require the registrant to provide any of the information required for an application for a licensed public assembly under EMMC 12.30.050 if necessary to fulfill the intent of this chapter.
D. The mayor or his/her designee may require the registrant to comply requirements applicable to a licensed public assembly under EMMC 12.30.040 if necessary to fulfill the intent of this chapter. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.080 Unregistered free speech activity regulations.
In addition to the regulations governing EMMC 12.30.060, the following shall apply to unregistered free speech activities:
A. Registered free speech activities shall be given preference over unregistered free speech activities.
B. Unregistered free speech activities shall not interfere with registered free speech activities nor with the use of public grounds by the general public.
C. When organizers or participants hold an unregistered free speech activity on public grounds which are already in use by a registered free speech activity, or the unregistered free speech activity interferes with or excludes the use of that location by the general public, the mayor or his/her designee may, to preserve public order, safety and health, designate an alternative location for the unregistered free speech activity and direct participants to that location.
D. Within a reasonable time after the conclusion of the unregistered free speech activity, the city shall mail or deliver to the organizer of the activity an invoice for the cost of city services used for the event. Organizers of unregistered free speech activity shall be billed at the same rate that the organizer of a registered free speech activity would be billed for the following:
1. The ad hoc or improvised city support services used to keep the peace, protect public safety and property directly caused by the organizer and participants of the unregistered free speech activity.
2. The city’s cost of cleaning the unregistered free speech activity area of litter and debris and restoring any city property damaged in connection with the unregistered free speech activity, if not adequately performed by the organizer.
3. The organizer of the unregistered free speech activity shall not be billed for the cost of support services directly caused by a hostile reaction from observers or counter-demonstrators.
4. The city shall also be entitled to recover from the organizer of an unregistered free speech activity any costs incurred by the city that are attributable to the unlawful conduct of the event organizer.
E. The organizer of unregistered free speech activity shall make payment for the full amount invoiced within 30 days of the date the invoice was mailed.
F. The organizer of unregistered free speech activity may appeal the amount or process of cost recovery following the procedures outlined in EMMC 12.30.150. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.090 Standards and practices.
The following shall be prohibited at all assemblies and events, including but not limited to public assemblies and free speech activities licensed or registered pursuant to this chapter, hosted on Eagle Mountain City property, city-sponsored events on public or private property, and during the rental of public meeting space on Eagle Mountain City property and shall be deemed a nuisance and considered grounds for removal from the property and revocation of event licensing if event organizers, vendors, individuals attending events, or products are determined to be noncompliant with the following violations:
A. Speech, material, content, businesses, products, or expression that constitutes obscenity as interpreted by the United States Supreme Court or the Supreme Court of the state of Utah.
B. Speech, material, content, businesses, products, or expression that constitutes child pornography as defined in 18 U.S.C. Section 2256 or Section 76-5b-103, Utah Code Annotated 1953, as amended.
C. Speech, material, content, businesses, products, or expression that can be seen by anyone under the age of 18 and constitutes materials that are “harmful to minors” as defined in Section 76-10-1201, Utah Code Annotated 1953, as amended.
Additionally, the following shall be prohibited at all assemblies and events, including but not limited to public assemblies and free speech activities licensed or registered pursuant to this chapter, hosted on Eagle Mountain City property that is not a traditional or designated public forum, city-sponsored events on public or private property, and during the rental of public meeting space on Eagle Mountain City property and shall be deemed a nuisance and considered grounds for removal from the property and revocation of event licensing if event organizers, vendors, individuals attending events, or products are determined to be noncompliant with the following violations:
D. Speech, material, content, businesses, products or expression portraying violence, threats of violence, criminality, mutilation, gore, or graphic representations of conflict.
E. Speech, material, content, businesses, products or expression portraying or alluding to the illicit use of controlled substances.
F. Speech, material, content, businesses, products or expression portraying allegations of wrongdoing or shortcomings of character against individuals, businesses, governments, political parties, elected representatives or others and that constitutes defamation, libel, or slander or lacks serious literary, artistic, political or scientific value.
G. Speech, material, content, businesses, products or expression portraying or alluding to words commonly referred to as cursing or swearing in any language, and their variations, and including censored implications, nicknames for genitalia or human excretions, nicknames for sex workers, and nicknames for sex acts. Event organizers may refer to document titled “Standards and Practices” available in the Eagle Mountain City recorder’s office for a more comprehensive list.
H. Speech, material, content, businesses, products, or expression promoting illegal discrimination, alluding to the promotion of illegal discrimination, or symbolizing discrimination on the basis of race, religion, age, gender, gender identity, national origin, sexual orientation, or disability.
Additionally, the following shall be prohibited at commercial assemblies and events, including but not limited to public assemblies and free speech activities licensed or registered pursuant to this chapter, hosted on Eagle Mountain City property, city-sponsored events on public or private property, and during the rental of public meeting space on Eagle Mountain City property and shall be deemed a nuisance and considered grounds for removal from the property and revocation of event licensing if event organizers, vendors, individuals attending events, or products are determined to be noncompliant with the following violations:
I. Commercial speech, material, content, businesses, products, or expression, as defined by the United States Supreme Court or the Supreme Court of the state of Utah that concerns unlawful activity or is misleading. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.100 Glass containers prohibited for licensed assemblies and registered free speech activities.
All beverages, including soft drinks, water, coffee and tea, must be dispensed in plastic, styrofoam, aluminum, or paper containers. No glass bottles will be permitted at the public assembly or free speech activity. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 4; Ord. O-13-2001 § 4. Formerly 12.30.040].
12.30.110 License issuance.
A. All requirements of this chapter must be complied with prior to issuance of the license.
B. For large public assemblies under 5,000, within 30 days after receipt of a completed license application submitted to the city recorder, the mayor, or his/her designee, may either (1) issue the license as applied for, or (2) provide the applicant with the reason(s) for denial. The applicant shall have the right to request reconsideration of any denial within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the administrative law judge prior to any final decision on said reconsideration request.
C. For large public assemblies over 5,000, within 45 days of receipt of a completed license application form submitted to the city recorder, the mayor, or his/her designee, shall either (1) issue the license as applied for, or (2) provide the applicant with the reason(s) for denial. The applicant shall have the right to request reconsideration of any denial within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the administrative law judge prior to any final decision on a reconsideration request.
D. The city reserves the right to deny license applications for proposed assemblies which pose a significant danger or threat to the public health, welfare, or safety, are deemed in noncompliance with standards and practices in EMMC 12.30.090, or which may result in unreasonable inconvenience or cost to the public. Failure to comply with the requirements of this chapter and the conditions necessary for issuing a license constitute grounds for revocation of the license, restrictions on the license, termination of the assembly, and denial or restrictions of a license in the future.
E. Any applicant aggrieved by a decision of the administrative law judge denying a license shall have the right to request reconsideration of any denial within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the city council.
F. Any applicant aggrieved by a decision of the city council denying a license may seek judicial review of such decision pursuant to Rule 65(b), Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such review. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 5; Ord. O-13-2001 § 5. Formerly 12.30.050].
12.30.120 Revocation and restriction.
A. The license may be revoked or restricted at any time by a designated agent of the city if any of the conditions in the license are not complied with on a continuous basis during the event.
B. Except for revocation during the event, before revocation of a license, the applicant shall be entitled to notice and an opportunity to be heard before the administrative law judge.
C. Any applicant aggrieved by a decision of the administrative law judge upholding the revocation of a license shall have the right to request reconsideration of that decision within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the city council.
D. Any applicant aggrieved by the decision of the city council to revoke a license may seek judicial review of such decision pursuant to Rule 65(b), Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such review. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 6; Ord. O-13-2001 § 6. Formerly 12.30.060].
12.30.130 Enforcement.
A. Where an applicant has a history of complaints of noncompliance with large public assemblies license conditions, the city council may, but is not required to, hire an independent monitor, at the expense of the applicant, to ensure that license requirements are met during the public assembly.
B. The provisions of this chapter may be enforced by injunction, restraining order or the legal process in any court of competent jurisdiction.
C. The holding of any assembly in violation of any provisions or condition contained in this chapter shall be deemed a public nuisance and may be abated as such.
D. Any person who violates any provision of this chapter is guilty of a Class “B” misdemeanor. Each day of violation and each violation shall be considered a separate offense. [Ord. O-20-2023 § 2 (Exh. A); Ord. O-30-2004 § 7; Ord. O-13-2001 § 7. Formerly 12.30.070].
12.30.140 Leafleting.
Notwithstanding any other provision of this chapter, there is no registration requirement for free speech leafleting.
A. In order to protect the public, health, safety, and welfare and allow for public accessibility to and the conduct of state business, free speech activity leafleting is allowed in the public areas of Eagle Mountain City property, without interference from the Utah County sheriff’s office; provided, that it is done in a nonaggressive manner and does not impede the flow of pedestrian traffic along sidewalks and through doorways.
B. Eagle Mountain City is allowed to enforce any and all applicable statutes and ordinances regarding blocking public sidewalks, blocking hallways, disorderly conduct, blocking entrances to public buildings, garage entries, assault, battery and the like, consistent with the requirements of the Constitutions of the state of Utah and the United States.
C. Leafleting is not allowed by placing leaflets on vehicles in the designated parking areas of Eagle Mountain City property. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.150 Appeals.
A. Any applicant or registrant aggrieved by a decision made by the city pursuant to this chapter and for which no other appeals process is provided shall comply with the following process:
1. Not later than 10 calendar days after the date of occurrence of the city’s action complained of, an individual shall file an appeal form available at the Eagle Mountain City recorder’s office with the Eagle Mountain City recorder or his/her designee.
2. The written complaint shall contain: the names of the individual or individuals filing the appeal; a description of the nature of the claims made under the appeal; a description of the dates, facts, and circumstances associated with each claim made in the appeal; a specific description of the relief sought by the complainant; a telephone number and address whereby the individual or individuals filing the appeal may be contacted; and the signatures of the individual or individuals filing the appeal.
3. After receipt of a written complaint, the mayor or his/her designee shall refer the matter to the administrative law judge for determination.
4. Any applicant aggrieved by a decision of the administrative law judge shall have the right to request reconsideration of that decision within 10 days of such denial and shall be accorded notice and an opportunity to be heard before the city council.
5. Any applicant aggrieved by the decision of the city council may seek judicial review of such decision pursuant to Rule 65(b), Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such review. [Ord. O-20-2023 § 2 (Exh. A)].
12.30.160 Severability.
All sections and provisions of this chapter have an independent existence, and should any section or provision by declared invalid or unconstitutional by a court of competent jurisdiction, it is the intent of the city council that any section or provision so declared shall be severable from and shall not affect the validity of the remainder of the chapter. [Ord. O-20-2023 § 2 (Exh. A)].