An individual, firm, partnership, corporation or association planning a public display of fireworks shall:
(A) Be required to provide surety for performance (including, but not limited to: obtaining liability insurance, bonding, indemnification or monetary deposits) as provided within the municipal code. This requirement shall include security or clean-up deposits as stated in the applicable section.
(B) (1) To avoid interference with protected rights of speech and assembly, any requirement imposed for surety for performance shall be based upon needs directly associated with the event and not on the basis of possible disruption of the event by protestors or other persons who might be opposed to the speech or assembly; and
(2) Such restriction, however, shall not apply where the Mayor determines an event is being scheduled which will unduly and unnecessarily create a potential for counter-protest or disruption or interference with public health, safety, welfare or order.
(C) Any individual, or corporation required to provide surety in some manner under the municipal code shall obtain commercial general liability insurance covering the event, including, but not limited to, setup, the event itself, and all cleanup and takedown activities. The insurance policy shall contain no exceptions or exclusions for activities conducted under or related to the permitted activities. The permittee shall name the City, its officers, and employees as additional insureds on a primary non-contributory basis. The additional insured coverage shall be in a form acceptable to the City. To the extent reasonably possible, such additional insured coverage shall be in the minimum amounts of $750,000 per claimant and $1,500,000 per occurrence;
(D) The insurance requirements of this section are in addition to and separate from any other obligations contained in this relevant section or article or in a permit issued under this code;
(E) Applicants for a permit under this code shall agree in writing to defend, hold the City and its employees and officials harmless and indemnify the City, its employees and officials for any and all claims, lawsuits or liability including attorney fees and costs allegedly arising out of loss, damage or injury to a person or a person’s property occurring during the course of, in preparation of, or in any way pertaining to the event, assembly or project which are caused by the conduct of employees or agents of the permit holder; and
(F) The Mayor may grant a waiver to the requirements of this provision for City-sponsored events or when the Mayor determines the parade or public assembly does not present a substantial or significant public liability or property damage exposure for the City, its officers, agents and employees. The Mayor shall consider the applicant’s proven financial inability to obtain the required coverage. When the Mayor considers requests for waivers, the Mayor shall base the decision on the factual circumstances presented by the applicant and decide the specific request on its merits. (Ord. 365, passed 12-3-2018)