(A) Before the permit is issued, the applicant shall furnish proof of public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall be an amount not less than $1,000,000 for one person, $2,000,000 for any one accident, and $200,000 for damages to property. The city shall be included as a named insured unless the City Council for good cause waives such requirement. The policy shall be in force during and for 24 hours before and after the beginning and end of the special event. The insurance requirements of this division (A) shall be waived by the Director of Parks and Recreation for non-athletic events, if the following conditions are satisfied.
(1) The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the event’s purpose is First Amendment expression, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage.
(2) The city may, in its discretion, require the applicant to apply for insurance coverage for the event under a policy selected by the city. The applicant must provide any information pertinent to qualifying for the insurance coverage. The premium for such insurance coverage will be paid by the city rather than the applicant.
(B) In addition, no permit to conduct a special event shall issue until the applicant shall deposit with the City Clerk a surety bond to the city, to be approved by the City Clerk, in the sum of $2,500, or in lieu thereof cash in that amount, conditioned that no damage will be done to the City parks or to sewer, water, electrical or other equipment or property of the city, and that no dirt, paper, litter, or other debris will be permitted to remain upon the parks, adjacent streets, sidewalks, alleys, or any adjacent private property. This provision shall not be construed to limit the amount of damages for which an applicant or other party may be liable to the city in the event that property is damaged.
(C) If the Director of Parks and Recreation determines that the labor of city employees and/or the use of city equipment by such city employees is necessary to carry out the special event, the Director shall estimate the cost of such labor and equipment as prescribed elsewhere in the municipal code. The permit shall not issue until the applicant deposits with the city adequate security in the amount of 125% of such estimated costs. After the conclusion of the special event, the actual cost incurred by the city shall be calculated and any excess returned to the applicant, provided however, that in the event that city property was damaged at the special event, the excess may be retained to pay for the damage. This provision shall not be construed to limit the amount of damages for which an applicant or other party may be liable to the city in the event the property is damaged.
(Ord. 3860, passed - -2005)