(A) Application to Town Council.
(1) A person, organization or governmental entity wishing to legally conduct or sponsor a public fireworks display at times permitted under § 92.16 must first file a written application with the Town Council no later than its regular meeting preceding the proposed event. The application must include the following:
(a) The name and address of the applicant;
(b) The name and address of the operator who will actually conduct the proposed display;
(c) The time, location, purpose and nature of the proposed display (including the types of fireworks proposed to be used);
(d) Evidence that the proposed operator, location and nature of the display have been approved by the Chief of the Fire Department having jurisdiction in the area; and
(e) Evidence that a permit from the State Fire Marshal as required under I.C. 22-11-14-2 has been obtained or duly applied for at least 15 days in advance of the proposed event.
(2) The Town Council may grant or deny the application, or impose further conditions, restrictions or modifications thereon, at its discretion. However, in all events, the approval and validity of any application granted under this section shall be conditional upon the applicant's filing a certificate of insurance as required under division (B) of this section, and, if a state permit has not yet been obtained as referred to in subsection (e), also upon the granting of the state permit.
(`86 Code, § 7-2-3)
(B) Insurance requirements; filing of certificate of insurance. At the time it approves any application under division (A) of this section, the Town Council shall stipulate an amount of personal injury and property damage insurance which the applicant must carry against any liabilities arising out of the proposed display. The insurance must expressly cover all related acts of the applicant and any of his or her agents, employees or subcontractors. The Council may set the required amount of insurance in each instance at its discretion, except that pursuant to I.C. 22-11-14-3 such amount shall not be less than $10,000 nor more than $100,000 for injury to a person or persons, and not less than $10,000 nor more than $100,000 for damage to property (or such other minimum and maximum insurance amounts as may at the time be prescribed by amendments to such statute). At least 48 hours prior to the proposed event, the applicant must file with the Town Clerk-Treasurer a certificate of insurance issued by an insurance company licensed to do business in Indiana and certifying the issuance of a valid policy complying with the requirements of this section and the insurance amounts stipulated by the Council pursuant to its approval of the application. Failure to file the certificate, or the cancellation, expiration or lapsing of the insurance policy in whole or in part prior to the proposed event, shall fully annul any approval of the application granted under division (A) of this section and will bar the legal conduct of the event notwithstanding any state permit which may have been granted.
(`86 Code, § 7-2-4)
(C) Nonassumption of liability by town. The approval of any application to conduct a fireworks display under division (A) of this section, and/or the stipulation of any insurance requirement under division (B), by the Town Council are purely discretionary acts which may not be deemed to imply any assumption of risk or liability on the part of the Council, the town or any individual officers or employees, and all immunity provided under I.C. 34-13-3 and 34-13-4 shall apply to such matters.
(`86 Code, § 7-2-5)
(Ord. 4, passed 1-2-39; Am. Ord. 86-C12, passed 9-30-86)