DAR File No. 43566

Regents (Board of), University of Utah, Administration

Rule R805-3

Overnight Camping and Campfires on University of Utah Property

Notice of Proposed Rule

(Amendment)

DAR File No.: 43566
Filed: 03/05/2019 11:55:13 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these amendments are to accommodate for camping and the use of campfires in areas designated by the University of Utah (University) for such use and otherwise consistent with state and local law.

Summary of the rule or change:

These rule changes specify that this rule does not prohibit camping or campfires on University property designated specifically for such use and otherwise consistent with state and local law.

Statutory or constitutional authorization for this rule:

• Section 53B-2-106
• Subsection 53B-1-104(8)
• Section 65A-8-211
• Section 63G-4-102
• Section 76-8-701

Anticipated cost or savings to:

the state budget:

These rule changes are not anticipated to result in any costs or savings with respect to the state budget.

local governments:

These rule changes are not anticipated to result in any costs or savings with respect to any local government.

small businesses:

These rule changes are not anticipated to result in any costs or savings with respect to any small businesses.

persons other than small businesses, businesses, or local governmental entities:

These rule changes are not anticipated to result in any costs or savings with respect to any other persons.

Compliance costs for affected persons:

These rule changes are not anticipated to result in any compliance costs for any affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

These rule changes are not anticipated to result in any fiscal impact for any businesses.

Ruth Watkins, President

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Regents (Board of)
University of Utah, Administration
Room 309 PARK BLDG
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2019

This rule may become effective on:

05/08/2019

Authorized by:

Robert Payne, Associate General Counsel

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because this rule relates entirely to non-business activities on the University of Utah campus.

 

The head of the University of Utah, President Ruth Watkins, has reviewed and approved this fiscal analysis.

 

 

R805. Regents (Board of), University of Utah, Administration.

R805-3. Overnight Camping and Campfires on University of Utah Property.

R805-3-1. Purpose.

To set forth the regulations that govern camping and campfires on University property.

 

R805-3-2. Definitions.

A. "Campfire" means an outdoor fire, burned in the open or in a receptacle other that a furnace or incinerator, used for the cooking of food of providing personal warmth or for recreational purposes. "Campfire" does not mean a professionally manufactured barbeque grill operated in connection with an official University event.

B. "Camping overnight" means any of the following:

1. Sleeping, at any time between the hours of 11:00 p.m. and 8:30 a.m., outdoors, with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment or device;

2. Establishing or maintaining outdoors, at any time between the hours of 11:00 p.m. and 8:30 a.m., a temporary or permanent place for sleeping or cooking by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or by setting up any cooking equipment, with the intent to remain in that location overnight.

"Camping overnight" does not include the following:

1. Waiting in line for the sale of tickets to an event that will take place on University property;

2. Tail-gating activities on University property within areas designated by the University that occur the night before or the night of a sporting event.

C. "University property" means the university campus and any other property owned, operated or controlled by the University of Utah.

 

R805-3-3. Policy.

A. Overnight Camping

In order to protect University property, and to protect the safety and health of the University community and the public, camping overnight on University property not specifically designated for such use is prohibited without first obtaining permission from the University Scheduling Office. Permission may be withheld by the University on any reasonable basis.

B. Campfires

In order to protect University property, and to protect the safety and health of the University community and the public, lighting or maintaining campfires [in]on University property not specifically designated for campfires, in an approved receptacle, and consistent with state and local law, is prohibited without first obtaining permission from the University Scheduling Office. Permission may be withheld by the University on any reasonable basis.

C. Sanctions

1. University students, university staff and university faculty who violate this rule may be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

2. Members of the public who violate this rule may be subject to one or more of the following sanctions:

1. Issuance of a citation for setting an improper fire pursuant to Section 65 A-8-211;

2. Issuance of a citation for criminal trespass pursuant to Section 76-6-206;

3. Issuance of citation and temporary eviction from, and denial of access to University property pursuant to Sections 76-8-701 through 76-8-718; and

4. Eviction from, and denial of access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

 

KEY: camp, camping, campfire, fire

Date of Enactment or Last Substantive Amendment: [September 18, 2009]2019

Notice of Continuation: March 14, 2014

Authorizing, and Implemented or Interpreted Law: 53B-1-104(8); 53B-2-106; 63G-4-102; 65A-8-211; 76-8-701 et seq.