(a) Aggrieved Person-a person who can demonstrate a specific, personal and legal interest in the final decision of an application for a permit issued under this ordinance, as distinguished from a general interest, such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal.
(b) Applicant-the authorized agent of the sponsor who completes the application and acts as a primary contact for the special event.
(c) Application Fee - the non-refundable fee, as determined by the Martinsburg City Council, payable by the applicant for the review of a special events application, each date represents a new application in terms of determining application fee.
(d) Annual Event-an event recurring each year at approximately the same date and time, which has previously complied with the permit requirements.
(e) City Funded Event-an event for which the City of Martinsburg engages full financial responsibility.
(f) City Co-Funded Event-an event for which the City of Martinsburg provides a portion of financial support as determined by City Council
(g) City Services - those services provided by various departments of the City of Martinsburg, which may include, but are not limited to police protection, fire protection, emergency medical response, placement and removal of barricades and collection of refuse.
(h) Closed Route-a route along or across a public right of way on which nonemergency vehicular traffic is not permitted to proceed for the entire duration of a special event
(i) Event Participants-A person or persons in attendance at an event, including, but not limited to, spectators, vendors, event staff, City staff and any others present for the purpose of the event.
(j) Farmer's Market-an organized group that utilizes a street or parking lot to sell merchandise, food items and various agriculturally related items or product.
(k) Parade-any march, demonstration, procession or motorcade consisting of people, animals or vehicles, or a combination thereof, upon the streets, sidewalks or other public areas within the City with an intent or likely effect of attracting public attention and interfering with, or having a tendency to interfere with, the normal flow or regulation of pedestrian or vehicular traffic upon the streets, sidewalks or other public property.
(l) Permit-written permission for assembly, parade, or use of public facilities issued pursuant to this article.
(m) Processional Event-Any event that is non-stationary and continues in a processional manner through town, such as a parade, march, race, etc., and requires the closure of multiple streets or multiple blocks on the same street.
(n) Public Assembly-any meeting, march, demonstration, picket line, rally or gathering of 25 or more persons for a common purpose as a result of prior planning that affects or may reasonably be expected to affect the normal flow or regulation of pedestrian or vehicular traffic upon the streets or other public facility, other than a park or recreational building or facility.
(o) Public Facility-a building, structure, place or other location or area which a person may seek to utilize for purposes other than the normal and usual governmental operations of the City, but excludes a public park and recreational facility.
(p) Rental fee - a fee for the use of City-owned property for an event, which may or may not include provision of utilities.
(q) Rolling Closure Route-A street, sidewalk, trail, walkway or other right of way which is closed to accommodate an event, where, as the event passes, the right of way is reopened for general public use.
(r) Special Event-Any activity, such as a parade, entertainment or sporting event, major highway construction or maintenance activity, street closure, public demonstration, amusement, cultural recognition, festival, street fair or any other situation where there is need for the control of traffic and crowds or prevention of crime and which is usually scheduled in advance, allowing for planning or required police services prior to the event.
(s) Spontaneous Public Event-any unplanned or unannounced coming together of people, animals or vehicles in a parade or public assembly which is not contemplated beforehand by any participant therein and which is caused by or in response to unforeseen circumstances or events occasioned by news or affairs first coming into public knowledge within five (5) days of such parade or public assembly.
(t) Town Square Pedestrian Plaza Reservation-any planned event which will draw individuals into the Town Square Pedestrian Plaza for purposes of attending or patronizing any assembly, retail establishment, congregation or other event, whether or not City services are requested or required. A Town Square Pedestrian Plaza Reservation does not indicate that other individuals cannot use the Town Square for its intended use and purpose.
(Ord. 2023-12. Passed 8-10-23.)