(A) The permit shall be subject to, and subordinate to, any franchise for the use of the public rights-of-way previously or subsequently granted by the town to any public utilities, firms or corporations, and the permit shall further be subject to, and subordinate to, the right and power of the town to construct, operate and maintain any public utilities or public facilities in, above and under the public right-of-way.
(B) During the permit period, organizer will be authorized to limit motorized vehicle access to the event site by the placement of temporary barricades as illustrated on the approved traffic control plan.
(C) No fee may be charged for admission to an event site conducted on public rights-of-way.
(D) The organizer is authorized to limit and regulate temporary exhibits, promotional activities, peddlers, entertainers and vendor sales within the event site; provided, free unregulated access to permanent businesses and operations of such businesses on private property within or adjacent to the event site shall not be inhibited.
(E) (1) The organizer shall not make or suffer any use of occupancy of the event site contrary to any law, state statute or town ordinance currently in effect or hereafter adopted. At all times during the operation of the event, the organizer shall comply with all requests and requirements made by representatives of the Town Administrator, Director of Emergency Management, Chief of Police, Fire Chief and/or Director of Public Works of the town with respect to security, surveillance and public safety, traffic control, barricades, pedestrian matters, fire safety and all matters related thereto; and at all times the foregoing town officials and their designated agents shall be allowed to fully inspect the operation of the event and the event site.
(2) The organizer shall also comply with the following requirements:
(a) All lane and street closure locations authorized under the permit are shown on the event traffic control plan. All closures shall be in foil conformance with the requirements of the current edition of the Manual on Uniform Traffic-Control Devices. The placement of traffic-control devices shall be reviewed by the Director of Emergency Management or his or her designee.
(b) The organizer must, if applicable, contact the town’s Police Department for escort or traffic control.
(c) Trespassing special events onto private property is not permitted. This requirement shall in no way limit permissive use of private property.
(d) There shall be no damage, drilling, painting or construction upon town streets, sidewalks or other public property unless specifically authorized in writing by the Town Administrator or his or her designated agent.
(F) The organizer shall bear, pay and discharge all taxes, assessments, duties, impositions and burdens whatsoever assessed, charged or imposed within or upon and in connection with the use of the event site by organizer, except as may be exempted by local, state or federal laws or regulations and to deliver to the town the proper and sufficient receipts and other evidence of the prompt payment and discharge of same, if any.
(G) The organizer shall bear, pay and discharge any and all obligations, costs, fees or expenses incurred by organizer for the construction, erection and removal of any improvements and/or services provided within the event site or connected with the event, and shall bear, pay and discharge all costs or expenses incurred by organizer in connection with the maintenance or repair of any such improvements within the event site during the term of the permit.
(H) (1) The organizer shall dismantle and remove any improvements and shall clean up all trash and debris from the event site generated by the event as provided in the revocable right-of-way use permit within the term of the permit.
(2) In the event the organizer fails to fulfill these obligations in a timely manner, the town shall have the right to do or have done such work and recover the cost of such work from organizer.
(3) Further, failure of organizer to comply with the provisions of this section shall constitute grounds for denial of subsequent permit requests.
(I) The organizer shall indemnify and hold the town and public trusts of which it is the sole beneficiary, harmless from all claims, suits, actions or judgments, including, but not limited to, all expenses, attorneys’ fees, witness fees and all other costs of defending any such action or claim or appeals therefrom, arising out of any defect of the event site or from the maintenance, operation or conduct of the event by organizer, its agents or employees or its invitees, vendors or licensees.
(J) (1) For major events occupying all or a portion of public rights-of-way, the organizer shall obtain and maintain in effect an insurance policy with comprehensive general liability coverage sufficient to pay the town’s maximum liability under the Governmental Tort Claims Act (51 O.S. §§ 151 et seq.), as it may be amended from time to time, covering any alleged liability and costs of defense of the town for any claim under any theory arising in connection with the event, said coverages shall be effective during the entire term of the permit on an occurrence basis.
(2) Said insurance policy shall name the town and public trusts, of which it is the sole beneficiary, as additional insured and provide that coverage cannot be canceled or materially modified except upon ten days’ prior written notice to the town of said cancellation or modification.
(3) The organizer shall pay any and all insurance deductibles that are required to be paid under the insurance policy.
(4) An original certificate of insurance with proof of receipts of premium showing compliance with all of these terms and conditions shall be delivered to the town 15 days prior to the Board consideration of the revocable permit.
(K) The organizer shall assume full responsibility for ensuring the protection of all town property within the event site, including, but not limited to, streets, sidewalks, trees, plants, shrubs, buildings and the like. Any damage which may occur to town property will be the responsibility of organizer if the same occurs within the event site during the term of the event and as a result of the event. This section specifically excludes normal wear and tear as determined by the Town Administrator.
(Ord. 2021-09-01, passed 9-9-2021) Penalty, see § 10.99