DAR File No. 32713

Regents (Board Of), University of Utah, Administration

R805-3

Overnight Camping and Campfires on University of Utah Property

NOTICE OF PROPOSED RULE

DAR File No.: 32713
Filed: 06/04/2009, 05:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to set forth the regulations that govern camping and campfires on University property.

Summary of the rule or change:

This new rule prohibits overnight camping and campfires on University of Utah Property absent the express permission of the University. The rule defines overnight camping and campfires. It also lists the sanctions that may be imposed for violation of the rule which may include discipline for members of the University community through a University process, citation for having an improper fire, citation for criminal trespass, temporary eviction and denial of access, and eviction and denial of access after an informal adjudicative proceeding.

State statutory or constitutional authorization for this rule:

Subsection 53B-1-104(8) and Sections 53B-2-106, 63G-4-102, 65A-8-211, and 76-8-701 et seq.

Anticipated cost or savings to:

the state budget:

This rule has the potential to save the state budget by helping to avoid brush and forest fires on city, state, federal, and private properties that abut University property. The rule prohibits camp fires on University property and provides mechanisms for enforcing the rule.

local governments:

This rule has the potential to save the the budgets of local governments by helping to avoid brush and forest fires on city, state, federal, and private properties that abut University property. The rule prohibits camp fires on University property and provides mechanisms for enforcing the rule.

small businesses and persons other than businesses:

This rule will help to protect the properties of businesses and persons surrounding the University by helping to avoid brush and forest fires on city, state, federal, and private properties that abut University property. The rule prohibits camp fires on University property and provides mechanisms for enforcing the rule.

Compliance costs for affected persons:

Persons who violate the rule may be subject to civil and criminal sanctions.

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

This rule will help to protect the properties of businesses and persons surrounding the University by helping to avoid brush and forest fires on city, state, federal, and private properties that abut University property. The rule prohibits campfires on University property and provides mechanisms for enforcing the rule. Michael K. Young, University of Utah President

The full text of this rule may be inspected, during regular business hours, at the Division 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 W. Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at robert.payne@legal.utah.edu

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:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Robert W. Payne, Associate General Counsel

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 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 University property 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 of Last Substantive Amendment: 2009

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