(a) The City attempts to make each user of public property responsible for the degree of risk to which each use exposes the City. The calculations are not intended to approach mathematical precision or to be equitable, but are instead minimum requirements for each particular use of public property. Therefore, each user of public property shall provide a certificate of insurance in the amounts specified herein. For any high risk activity, the costs of insurance will increase commensurate with the degree of risk. For all activities not specified, the City’s loss control manager shall determine the appropriate amount, subject to written appeal to the city administrator or designee.
(1) Nothing herein shall be construed as avoiding or repealing any other license or permit requirement of the Moline Code of Ordinances and any other such permits or licenses must be obtained in addition to the insurance herein required before processing hereunder.
(2) The description of public property uses and the insurance requirements to be provided and noted on the approved Certificates of Insurance which designates the City as additional insured are as follows:
INSURANCE TIERS FOR PARTICULAR ACTIVITIES | |
Description | Insurance Requirement |
INSURANCE TIERS FOR PARTICULAR ACTIVITIES | |
Description | Insurance Requirement |
(a) Run, race, walk-a-thon, bicycle race or balloon race | $1,000,000 in total coverage |
(b) Work on Public Way License | Insurance $1,000,000 per occurrence; shall also Indemnify City |
(c) Driveways Permit Class B – Use of Public Way | Insurance $1,000,000 per occurrence or as directed by the Director of Revenue; applicant shall also indemnify City |
(d) Streets, Curbs and Sidewalks Non Standard Surface Materials | Insurance $1,000,000 per occurrence or as required by Commissioner of Transportation, whichever is greater; shall also indemnify City |
(e) Kiosks | $500,000 |
(f) Canopies/Marquees | $1,000,000 |
(g) Outdoor Café (No Alcohol) | $500,000 |
(h) Outdoor Café W/Alcohol | $1,000,000 plus Iowa Endorsement Permit Requirement |
(i) Structures On/Under/Over Public Property | $1,000,000 and Owner/person in possession of property shall indemnify City and hold City harmless for damages to persons/property relating to structure |
(j) Dumpsters/Roll Off Boxes Permit Requirement | $1,000,000 |
(k) Street fair, festival, street dance, or other event (No alcohol) | $1,000,000 |
(l) Street fair, festival, street dance, or other event (w/alcohol) | $1,000,000 for under 500 persons expected in attendance [See subsection 6-2104(a)(3)] |
(m) Street fair, festival, street dance or other event (w/alcohol) | $1,000,000 for 500 to 5,000 persons expected in attendance [See subsection 6-2104(a)(3)] |
(n) Street fair, festival, street dance, or other event (w/alcohol) | $5,000,000 for more than 5,000 persons expected in attendance [See subsection 6-2104(a)(3)] |
(o) Fire Prevention – Blasting and Explosives | Insurance (must be from insurance company rating of A-11 or better): |
$3,000,000/$10,000,000 – Mfg. & Sale of Explosives | |
$3,000,000/$10,000,000 – Contractors Activities involving explosives with City additional insured. | |
$3,000,000/$10,000,000 per occurrence – Delivery of Explosives for one (1) vehicle; $1,000,000 per occurrence of each additional vehicle | |
(p) Signs – For Obstruction of Streets and Sidewalks (IDOT Permit Requirements) | Insurance $1,000,000 with indemnification of City |
(q) Fireworks; Petroleum Products Motorized Vehicle Races | $5,000,000 |
(r) Carnivals, Excursion Boats | $5,000,000 |
(s) All other Uses of Public Property | As determined by the Loss Control Manager, subject to Appeal to City Administrator or designee |
(3) Attendance required in the immediately proceeding subsections must be estimated in good faith. Any estimate which is grossly disproportionate to actual attendance shall be presumed to be a fraud against the City, punished as an ordinance violation set forth in Sec. 1-1107 of the Code of Ordinances. For purposes of this section “grossly disproportionate” shall be where the number of persons is more than three times the attendance estimated by the user at the time of submission of the required Certificate of Insurance.
(Ord. No. 3016-2023; Sec. 6-2104 repealed; new Sec. 6-2104 enacted; 04/25/23)