(A) Each permit shall expressly provide that the permittee agrees to protect, indemnify, and hold harmless the city, and its officers, employees, and agents from and against any and all claims, damages, expenses, losses, or liability of any kind or nature whatsoever arising out of, or resulting from the alleged acts or omissions of the permittee or its officers, employees, or agents connected with the permitted group gathering, and to defend, at the permittee’s own cost, risk, and expense, any and all claims or legal actions that may be commenced or filed against the city, or its officers, employees or agents as a result of the alleged acts or omission of permittee or permittee’s officers, employees, or agents connected with the permitted group gathering.
(B) No permit shall be issued until the permittee has provided evidence satisfactory to the Chief Executive Officer that the permittee has procured a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its officers, employees and agents as named insureds or additional named insureds, and which provides the coverage that the Chief Executive Officer determines to be necessary, reasonable, and adequate under the circumstances. In making such determination, the Chief Executive Officer shall consider only the following factors:
(1) Those physical factors arising from the manner in which the group gathering is held which create the risk of injury to the participants or spectators of the group gathering, including, but not limited to, the number of participants, the location of the group gathering, and the absence or presence of vehicular traffic in proximity to the group gathering;
(2) Whether the risk can be lessened or eliminated by adjusting the time, date, place, or planned manner of conduct related to the group gathering; and
(3) If so, whether the applicant is willing to make such adjustments.
(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)