(a) It shall be unlawful for any person to conduct or participate in any parade, public assembly or special event unless a written permit has been issued in accordance with the provisions of this ordinance
(b) The provisions of this permit shall not apply to the following:
(1) Spontaneous public events; or
(2) Recreational activities, including jogging or walking, which do not require closing of public streets or other rights of way and that do not interfere, or have a tendency to interfere, with the normal use of any public property in a place open to the general public; or
(3) Funeral processions; or
(4) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of proper school authorities
(5) The United States Army, Navy, Air Force, Marine Corp, Coast Guard, or any other branch or organization under the direction of the United States Armed Forces; the military forces of the State or the police and fire division of the City of Martinsburg, Berkeley County or State of West Virginia, acting in official capacity
(6) A governmental agency/agencies acting within the scope of its functions; or
(7) City owned property under the regulation and maintenance of Martinsburg-Berkeley County Parks and Recreation
(c) Applicants requesting a Special Event Permit are required to submit a completed Application for Special Event Permit, along with a twenty-five dollar ($25.00) non-refundable application fee payable to the City of Martinsburg for review and processing, at least sixty (60) days prior to the date of proposed event. Other fees may be applicable, in accordance with Section 155.09
.
(d) All applications must be received by the City of Martinsburg, either by mail, electronic mail, fax or delivery in person, addressed to the City Manager or designee, no later than sixty (60) days before the proposed event date
(e) The application must be filled out, in its entirety, and shall provide all relevant information, including but not limited to, alternatives for location, route, date, and time
(f) As a condition of the Special Event Application, all applicants are responsible for providing a specific and accurate representation of the proposed event so that the City of Martinsburg may accurately identify the required level of services, including but not limited to, Police, Emergency Services and Public Works
(g) Preferred Routes may be suggested by the City for parades and some other processional events, and applicants are asked to review and consider these routes; the City Manager or designee reserves the right to adjust routes when conditions or events create a situation in which a preferred or requested route is unavailable
(h) The City reserves the right to deny any permit application, sponsored or affiliated with a person or organization not in good standing with the City, in regards to outstanding fees, taxes or other obligations
(i) Events are required to conform to all other applicable City ordinances and polices; including but not limited to, signage, zoning, handbill, and noise and nuisance ordinances.
(Ord. 2023-12. Passed 8-10-23.)