(a) No person shall erect, place or cause to be erected or placed or permit to remain, any building, structure or device of any nature upon any street, lane, alley or public ground within the City except with the consent of the owner thereof and where permitted by statutes of the State and the ordinances of the City, including, but not limited to, zoning provisions.
(b) No person, firm or corporation shall exclusively use property of the City held for use by the general public except pursuant to rental agreements or permits including provision for the payment of a reasonable rental as may be authorized by ordinance. The term "exclusive use", as used in this section shall mean continuous use of property in the manner hereinabove stated to the exclusion or limitation of the general public for a period of thirty minutes or longer. Applications for rental agreements or permits for the exclusive use of public property of the City shall be made to Council, except as otherwise permitted by ordinance.
(c) No exclusive use of City property shall be permitted, whether authorized by permit, license, rental agreement or otherwise and whether pursuant to the terms of this section or otherwise, unless such use is permitted subject to the following express conditions and obligations:
(1) The user agrees to and shall indemnify, defend and hold harmless the City and its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merits of the same, arising out of, occasioned by or related to the exercise or enjoyment of such exclusive use, including reasonable attorneys' fees and court costs in the defense of any action.
(Ord. 91-1988. Passed 3-6-1989.)
(2) The user shall, at all times during the term of the exclusive use, pay all premiums for, and file with the City, certificates of insurance and receipts evidencing the payment of premiums for public liability insurance in such amount as will at least protect the user and the City from all claims for damage to property or bodily injury, including death, which may arise from or in connection with the user's exclusive use of City property. Such insurance shall name the City as an additional insured, shall be in the amount as approved by Council, and shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without thirty days prior written notice to the City.
(d) No structure shall be erected upon City property pursuant to a rental agreement or permit, unless such structure is specifically authorized by a rental agreement or permit, is permitted by ordinance and has a design which meets preexisting standards for such particular structure approved by the Architectural Board of Review or which has been approved by such Board incident to an individual request. All structures shall be firmly secured to protect the public health, safety and welfare in a manner acceptable to the Director of Public Safety.
(Ord. 91-88. Passed 3-6-1989.)