EFFECTIVE DATE: (Date signed by Mayor) December 1, 2003
SUBJECT: AUTHORIZING POSTINGS ON A TREE ANGEL
REGISTRY ON THE CITY'S INTERNET WEBSITE
DISTRIBUTION: ALL DEPARTMENTS
PREFACE
Salt Lake City (the "City") currently maintains an Internet website (the "Website") used for various City purposes. The City has determined that it would be beneficial to the City and its inhabitants to create a Registry of Tree Angels on the Website and to allow private persons to post pictures or photographs of "Tree Angels" and related messages (as described below) on the Website.
In allowing this limited usage of the Website, the City does not intend to create or make the Website into a public forum, but rather intends to create a limited (or nonpublic) forum for the purposes set forth herein.
This Executive Order is also intended to prescribe rules to be followed by City employees in determining whether to approve the posting on the Website of pictures or photographs of Tree Angels with related messages.
Therefore, the Mayor of Salt Lake City enacts this executive order:
1. Definitions.
1.1. "Person" includes individuals and entities and organizations.
1.2 Tree Angel Registry" means a registry on the pictures or photographs of Tree Angels and related messages.
1.3 "Tree Angel" means a living tree planted to commemorate the birth of a newbornin the applicant's family, ajoyful wedding, anniversary, or reunion in the applicant'sfamily, or remembrance and thanksgiving for a beloved member of the applicant's family.
2. General Provisions
2.1 Authority to Display
In order to encourage and promote the use of Tree Angels, an eligible participant, asdefined herein, may, after making application to the City, post on'the Website in the Registry ofTree Angels a picture or photograph of a "Tree Angel," together with any related message,provided that such posting may not contain commercial content and may not in any way identifya commercial product or business logo.
2.2 Eligible Particpants
The City will accept applications for posting on the Tree Angel Registry only from person who have planted a Tree Angel
2.3 Application
Any person who desires to make a Tree Angel posting on the Website mucst first file an appliacation created by the City. The application must be submitted to the City's Information Management Sysems and the Urban Forestoer and must contain the following:
A. The e-mail address of the applicatin, or if the applicant is an organization, the e-mail address of a contact person;
B. A pohotograph, drawing, or other visual representation of the proposed posting on the Tree Angel Registry; and
C. A representation to the City that the applicant has planted a Tree Angel.
2.4 Granting of the Permit; Standards
The Urban Forester or his or her designee shall approve a Tree Angel posting upon determining that the applicant properly completed an application.
2.5 Time for Approval or Disapproval of Application
Within 14 days after receiving the application for a Tree Angel posting, the Urban Forester or his or her designee shall grant, modify, or deny the application and shall give written notice of that decision to the applicant.
2.6 J udicia lReview of Denial
Any person adversely affected by the granting or denial of the application may, appeal such decision to a court of competent jurisdiction after receiving notice ofthe decision. The decision granting or denying the application shall be effective on the date of the written notice issued by the Urban Forester or his or her designee, unless the Mayor orders otherwise.
2.7 Removal of Posting
The City may remove any posting if such posting is determined to be inconsistent with the stated purpose of the Website, illegal or unconstitutional, or if the City determines that removal is in the best interest of the City.
2.8 Enforcement
The City may enforce the terms and limitations of this Executive Order through any lawful means.
3. Waiver
The requirements of this Executive Order may be waived or modified by the Mayor, with the advice of the City Attorney.
4. Negative Savings Clause
If any portion of this Executive Order is determined to be illegal, invalid, unconstitutional, or superseded, in whole or in part, this entire Executive Order shall forthwith be voided and terminated, subject to the following provisions: (a) in the event of a judicial, regulatory, or administrative determination that all or some part ofthis Executive Order is illegal; invalid, unconstitutional, or superseded, such action shall be effective as of the date of a final appealable court order; and (b) in the event of any state legislative action that renders any portion of this Executive Order illegal, invalid, unconstitutional, or superseded, such action shall be effective as of the effective date of such legislative action.
No property interest or vested right is created in any person by this Executive Order.