12.12.120    SOLICITING AND PUBLIC ASSEMBLY

(1) Soliciting or demanding gifts, money, goods, or services is prohibited at public use sites, except pursuant to the terms and conditions of a special use permit, commercial use permit, or other contract issued by the department for such activity.  

(2) Public assembly, including demonstrations, picketing, speechmaking, marching, holding vigils or services, dissemination or sharing of other information, and similar forms of conduct that involve the communication or expression of views or grievances, or are reasonably likely to attract a crowd or onlookers, are allowed at public use sites when a permit has been issued.

(3) The department may place stipulations on the permitted activity, such as stipulations to protect public health and safety, protection of site resources, and to ensure the activity is consistent with the purpose of the site.

(4)  An application for a permit must be submitted on a form provided by the department.

(5) Areas within public use sites may be designated for permitted public assembly activities provided that activities would not:

(a) cause injury or damage to cultural, heritage, natural, wildlife, and recreational resources;

(b)  interfere with the management purposes for the site;

(c) unreasonably impair the atmosphere of peace and tranquility maintained in natural, historic, or commemorative zones;

(d) unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the department;

(e) substantially impair the operation of public use facilities or services of concessioners, holders of commercial use authorizations, or contractors;

(f) present a clear and present danger to the public health and safety; or

(g) be otherwise incompatible with the nature and traditional use of the particular site involved.

(6) The department must issue a permit or a written denial within ten days of receiving a complete and fully executed application.  A permit will be issued unless:

(a) a prior permit application has been or will be granted for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;

(b) it reasonably appears that the event will present a clear and present danger to public health or safety;

(c) the event is of such nature or duration that it cannot reasonably be accommodated in that site, considering things such as damage to site resources or facilities, impairment of a protected area's atmosphere of peace and tranquility, interference with program activities, or impairment of public use facilities;

(d) the location applied for has not been designated as available under (5); or

(e) the activity would constitute a violation of an applicable law or regulation. 

(7) The permit may contain conditions reasonably consistent with the requirements of public health and safety, protection of resources, and the use of the site for the purposes for which it was established.  It may also contain reasonable limitations of the equipment used and the time and area within which the event is allowed.

(8) Violation of these regulations or the terms of the permit may lead to permit revocation in addition to other applicable penalties.

(9) Revocation of a permit or an order to cease will be made in writing, with the reasons clearly set forth.  In emergency situations, a verbal revocation or order to cease may take place, followed by written confirmation within 72 hours.

History: 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA; IMP, 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA; NEW, 2024 MAR p. 45, Eff. 1/13/24.