(A) Any company operating under this chapter shall hold the town, its officers, agents, servants and employees, harmless against any and all liability, loss, damages or expense which may accrue to the town by reason of negligence, default or misconduct of the company in connection with the rights granted hereunder. Nothing in this chapter shall be considered to make the town, its officers, agents, servants or employees liable for damages because of any negligent act or omission or commission by any company, its servants, agents, drivers or other employees, during the operation by the company of a horse-drawn carriage business, either in respect to injury to persons or with respect to damage to property which may be sustained. All permits issued hereunder shall include a notarized statement of the permit holder to incorporate the provisions set forth herein.
(B) Any company operating under this article shall secure and maintain a liability insurance policy from an insurance company authorized to do business in the state, covering each carriage to be used. The minimum coverage shall be $100,000 for bodily injury to any one person, $300,000 for injury to more than one person in the same accident, and $25,000 for property damage resulting from one accident. Such policy may be in the form of a separate policy for each carriage or in the form of a fleet policy covering all carriages operated by the company. Such policy or policies shall include an endorsement to the effect that the same cannot be altered, modified or cancelled for any cause without notice thereof being served upon the Clerk at least 30 days prior to the date of such alteration, modification or cancellation. A certificate of insurance certifying the above coverage shall be filed in the Office of the Clerk.
(C) No permit shall be issued under this article until the certificate of insurance has been filed and approved.
(D) If at any time during the life of any permit issued under the provisions of this subchapter, the company allows said insurance policy to lapse or to become ineffective, or if any insurer thereof becomes unable financially to respond to the obligation thereof, or such policy is allowed to terminate in whole or in part, then at the same time the permit of such company to operate such carriage shall consequently become null and void.
(Ord. passed 8-1-2016; Am. Ord. passed 11-7-2016)