§ 5.13.120. Insurance and indemnification.

(a)

Except as otherwise provided in subsection (c), below, it shall be a condition of the issuance and continued validity of any special event permit granted pursuant to this chapter that the event organizer first obtain, pay for and maintain a policy of general liability insurance approved as to form by the city manager 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 event organizer, agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such event permit was issued. The amount of coverage to be provided by such policy shall not be less than $1,000,000.00 combined single limit. The event organizer may satisfy the requirement imposed by this section through 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 insureds. Such certificate shall additionally provide that the required insurance will not be modified, changed or terminated without ten-day advance written notice delivered to the business license office.

(b)

This subsection (b) shall be deemed to be incorporated in its entirety in any permit issued under this chapter unless expressly modified in writing in the permit. It shall be a condition of the issuance of any special event permit granted pursuant to this chapter that the event organizer, on behalf of himself or herself and on behalf of any legal entity he or she represents in seeking a special event permit, shall agree to indemnify, defend and hold the city, its officers, employees, and agents harmless from all claims and liabilities of any kind whatsoever (including costs and reasonable attorneys and experts fees), resulting from or arising out of the acts or omissions of the event organizer, the participants, except that the event organizer will not be held liable for the actions or omissions of spectators as long as the spectators' acts or omissions were not authorized or ratified by or on behalf of the event organizer or the event organizer's agents or employees.

(c)

Insurance exceptions. A special event permit shall be exempt from the insurance requirements of subsection (a) if the following exist:

(1)

The special event is organized for expressive activity; and

(2)

The applicant or an officer of the sponsoring organization of a non-athletic event has filed a verified statement along with the initial application stating that he or she believes the event's purpose is First Amendment expression; and

(3)

Either:

a.

The applicant or officer of the sponsoring organization has determined and presented a verified statement with the initial application that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of the organization's First Amendment expression. The statement shall include the name and address of one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage; or

b.

The applicant, if not representing an organization, provides reasonable evidence that his or her individual (or family if living with a spouse) gross annual income falls below 125 percent of the current poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2); or

c.

The applicant presents a verified statement that it is objectively impossible to obtain insurance coverage. The statement shall be accompanied by statements from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place; and

(4)

The event will not involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics; and

(5)

No fee or donation is charged or required as a condition of admission or participation in the event.

(Ord. No. 5695, § 2, 4-27-05; Ord. No. 6030, § 1, 6-11-08; Ord. No. 6231, § 1, 5-23-12)