DISTRIBUTION: ALL DEPARTMENTS
PREFACE
Section 21A.46.070.K of the City Code allows the location of signs on publicly owned land or inside street rights of way, if such signs are erected by permission of an authorized public agency.
The City has determined that it would be beneficial to the City as a whole to display a flag on the City and County Building for the limited public purpose of encouraging and promoting the use of wind-generated energy. Any speech on the flag is the speech of the City, rather than the speech of any private person or entity.
In allowing this limited signage on the City and County Building, the City does not intend to create a public forum, but rather intends to create a limited forum for the purposes set forth herein.
This Executive Order is also intended to establish applicable time, place, and manner restrictions, and constitutes permission by the authorized public agency for purposes of Section 21A.46.070.K of the City Code of the signage described herein.
Therefore, the Mayor of Salt Lake City enacts this executive order:
1. Definitions.
1.1 “Flag” means an unsecured banner, as defined in Section 21A.46.020 of the Salt Lake City Code, that is created by or at the request of Salt Lake City.
1.2 “Mayor” means the mayor of Salt Lake City, Utah, or the mayor’s designee.
1.3 “Sign” means a sign as defined in Section 21A.46.020, Salt Lake City Code.
2. General Provisions
2.1 Authority to Display
In order to encourage the use of wind-generated energy, the City may install a flag on the City and County Building encouraging the use of wind-generated energy, including the name and/or logo of a wind-generated energy product or program or of a nonprofit corporation associated with such wind-generated energy. The City has the sole right to determine when, where, and for how long such flag shall be displayed.
2.2 Approved Display Areas
The flag may be displayed on the City and County Building. No such flag shall be allowed in any other location. Only one flag may be displayed at any given time.
2.3 Banner and Hardware Standards
The flag must be constructed of a material that can withstand the normal and reasonably expected forces of nature for the period of time it is displayed. A torn or damaged flag will not be hung and will be promptly removed by the City, if damaged after being hung. The flag shall not exceed an overall length of 96 inches and a width of 144 inches.
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 Order is determined to be illegal, invalid, unconstitutional, or superseded, in whole or in part, this entire 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 of this 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 the 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 or entity by this Order. If any portion of this Order is determined to be illegal, invalid, unconstitutional, or superseded, the City shall immediately remove any flag displayed on the City and County Building pursuant to this Executive Order.
EFFECTIVE DATE (Date signed by Mayor): July 31, 2002