The Chief of Police shall issue a parade permit as provided for hereunder when, from the consideration of the application and from other information as may otherwise be obtained, it appears that:
(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic in or contiguous to the route or location of the parade.
(b) The concentration of persons, animals and/or vehicles at the parade will not interfere unduly with proper fire and police protection of or ambulance service to areas contiguous to the assembly area or other areas of the Village.
(c) The conduct of the parade will not result in noise at a level inappropriate to the area surrounding the parade.
(d) The parade is not to be held for the primary purpose of advertising any product, goods or event which is primarily for private profit and the parade itself is not primarily for profit provided, however, the prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the conduct of the parade.
(e) Such parade will not interfere with previously scheduled activities or with scheduled maintenance or repair work to be carried out on the streets or thoroughfares to be used.
(f) Upon determination by the Village’s designated Risk Manager if insurance coverages are required, sponsors of such parade have complied with the following insurance requirements set forth by the Village:
(1) The sponsor of such parade shall secure, pay for and maintain until completion of the parade, public liability and property damage insurance as shall protect him and the Village, as additional insured, from claims for personal injury and property damage which may arise because of the parade.
(2) Such insurance policy shall provide coverage in the following amount: One million dollars ($1,000,000) combined single limit; bodily injury and property damage. This amount is subject to change, depending on the evaluation of potential risk by the Village’s designated Risk Manager.
(3) A certificate of insurance acceptable to the Village shall be filed with the Village at the time the contract between the Village and the sponsor is executed; this certificate shall contain a provision that coverages afforded under the policies will not be cancelled or reduced until at least fifteen days’ prior written notice has been given to the Village. As an endorsement to the insurance policies required herein, the Village shall be listed as an additional insured.
(4) Whether the Village’s designated Risk Manager requires insurance coverage or not, the following indemnification provision shall be agreed to:
The sponsor hereby agrees to protect, defend, indemnify, and hold harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees and including claims, liens, debts, personal injuries, including employees of the Village, death or damages to property (including property of the Village) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of this contract. The sponsor agrees to investigate, handle, respond to, provide defense for and defend any such claim, demand or suit at the sole expense of the sponsor. The sponsor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against the sponsor or the Village or to enlarge in any way the sponsor’s liability but is intended solely to provide for indemnification of the Village from liability for damages or injuries to third persons or property arising from the sponsor’s performance hereunder.
(Ord. 95-437. Passed 1-5-95.)