The Director shall issue a permit hereunder when he or she finds:
(A) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(B) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(C) That all conditions, including where applicable, the payment of fees, approval of the Tulare City Council, and insurance coverage, are met;
(D) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(E) That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the Department;
(F) That the facilities desired have not been reserved for other use;
(G) The conduct of the activity or use of the area will not have an adverse impact on the surrounding neighborhood due to parking, noise or crowds;
(H) Insurance coverage shall be required, if in the opinion of the Director, the conduct of the event or program would potentially constitute a hazard to public safety. The Director, or his or her designee, may, at his or her discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by City Attorney which shall insure the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or his or her agents or employees and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by the policy shall be determined by the Director, or his or her designee. The City Attorney may accept, as compliance with the requirement imposed by this division, the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers and employees, have been added as additional insured. The certificate shall additionally provide that the required insurance will not be modified, changed or terminated until at least ten days' written notice thereof has been transmitted to the Director; and
(I) It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the city, its officers and employees harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of the permit.
(1995 Code, § 8.36.040) (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)