For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEALS OFFICIAL. The City Manager, or his or her designee who shall be an Assistant City Manager.
ATHLETIC EVENT. Any event involving the conduct of exercises, sports or games.
BUSINESS DAYS. Those days in which city offices are open for conducting city business.
CHIEF OF POLICE. The Chief of Police of the city, or his or her designee.
FESTIVAL. A concert, fair, exhibition, promotion, community event, block party, or similar event.
PARADE. Any athletic event, ceremony, pageant, march, picket, procession, motorcade or other similar activity consisting of persons, animals, vehicles or things, or a combination thereof proceeding along any sidewalk or along the traveled portion of any street within the city in such a manner as to interfere with the normal flow of vehicular or pedestrian traffic upon such sidewalk or street, and which activity is not intended, in whole or in part, to exercise freedom protected under the First Amendment of the United States Constitution. A procession in which individuals move single-file along a sidewalk shall not be regarded as interfering with the normal flow of pedestrian traffic along such sidewalk.
PICKET or PICKETING. The stationing of one or more persons by standing, walking, lying, sitting, kneeling, bending, or in any other similar manner, at a particular place within the city with the purpose of persuading or otherwise influencing another person's actions or conduct or of apprising the public of any opinion or message, excluding purely casual, random, or other everyday forms of communication or conduct.
PUBLIC ASSEMBLY.
(1) Any gathering held generally in one location upon any sidewalk or upon the traveled portion of any street within the city in such a manner as to interfere with the normal flow of vehicular or pedestrian traffic upon such sidewalk or street, and which activity is intended, in whole or in part, to exercise freedom protected under the First Amendment of the United States or North Carolina Constitutions; or
(2) Any organized company of persons, or a picket, for a common purpose as a result of prior planning that is collected together generally in one location upon any sidewalk or upon the traveled portion of any street within the city in such a manner as to interfere with the normal flow of vehicular or pedestrian traffic upon such sidewalk or street, and which activity is intended, in whole or in part, to exercise freedom protected under the First Amendment of the United States or North Carolina Constitutions. An organized company of persons or a picket in which the participants do not obstruct or occupy more than one-half of a sidewalk, such that other pedestrians may use the sidewalk for its intended purpose, shall not be regarded as interfering with the normal flow of pedestrian traffic along such sidewalk. For purposes of this definition, the phrase “held generally in one location” or “collected together generally in one location” means that such festival or activity is conducted generally in a fixed area as opposed to proceeding along the street or sidewalk in such a manner as to constitute a march or parade.
PUBLIC ASSEMBLY PERMIT. A permit as required by this chapter in order to conduct a public street or sidewalk assembly regulated by this chapter.
SIDEWALK. That portion of the street right-of-way that is designated for the use of pedestrians and that is paved.
SPECIAL BUSINESS ACTIVITY. Any activity conducted in whole, or in part, by an appropriately permitted business, which takes place on the sidewalk, alley, or parking lot directly adjacent to said business. Such activities may not exceed 1,500 square feet in area, utilize more than five public parking spaces, block any entrance to another business or building, nor last for more than eight hours. This does not include any activity which temporarily closes or obstructs any portion of a public street.
SPECIAL EVENT. All street fairs, festivals, athletic events, carnivals, parades, marches, rallies, or other similar activities or public events not intended in whole or in part to exercise freedom protected under the First Amendment of the United States and/or North Carolina Constitutions, and that require the temporary closing or obstruction of a street, sidewalk, or other public right-of-way or any segment thereof or that otherwise substantially hinders or prevents the normal flow of vehicular or pedestrian traffic along any street or other public right-of-way.
STREET. Any place or way set aside or open to the general public for purposes of vehicular traffic, including any curb, berm, shoulder, right-of-way, or median strip, but not including the sidewalk.
(Ord. passed 9-12-06; Am. Ord. passed 12-13-16; Am. Ord. passed 6-11-19)