[HISTORY: Derived from Art. IV of Ch. VI of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
No person, firm or corporation shall engage in the activity of a commercial bait dipper in any park in the City of Buffalo without first obtaining a permit from the Commissioner of Parks. Such permit may include such reasonable conditions and restrictions as the Commissioner of Parks shall deem necessary to protect the interests of the City of Buffalo. Such permit shall be for the parklands located at the ends of Hertel, Ferry and Ontario Streets.
Any person, firm or corporation desiring to engage in the activity of commercial bait dipping shall make application to the Commissioner of Parks for permission to carry on such activity in a park. The fee for each permit for wholesalers shall be as provided in Chapter 175, Fees. The fee for each permit for retailers shall be as provided in Chapter 175, Fees.
Every vehicle which is utilized for commercial bait dipping shall display the number of the permit issued to the commercial bait dipper so that said permit number is clearly legible.
All commercial bait dippers shall properly and completely clean and wash any area in which bait dipping has occurred. No bait dipper shall damage any park property, including trees, shrubs, roadways or pathways, while utilizing the parks.
No commercial bait dipper shall bring into any public park in which he dips for bait any formaldehyde or other preservative.
Commercial bait dipping shall be allowed at all times during the months of April through October. Commercial bait dipping shall be allowed between the hours of 4:00 a.m. and 10:00 p.m. during the months of November through March.
Upon the failure of a commercial bait dipper to comply with any of the provisions of this chapter, the Commissioner of Parks may cancel such permit after a hearing, upon reasonable notice of the time and place of such hearing to the commercial bait dipper.
The commercial bait dipper shall furnish to the City of Buffalo a certificate of insurance and an insurance policy providing coverage for the commercial bait dipper and the City of Buffalo against all claims for bodily injuries and property damage arising out of commercial bait dipping activities. The amounts of coverage shall be at least one hundred thousand dollars/three hundred thousand dollars ($100,000./$300,000.) for bodily injuries and fifty thousand dollars ($50,000.) for property damage. A certificate of insurance and an insurance policy providing liability coverage for all vehicles used in such activity shall also be furnished to the City of Buffalo. The amounts of coverage for the automobile liability policy shall be the same as the general liability insurance policy. An owner's protective policy and certificate of insurance in the name of the City of Buffalo may be furnished by the commercial bait dipper in lieu of a general liability policy. The owner's protective policy shall have the same amounts of coverage as the general liability policy. The policies and certificates identified herein shall be subject to the approval of the Corporation Counsel for the City of Buffalo.
The commercial bait dipper shall agree to indemnify and hold harmless the City of Buffalo, its officers, agents and employees from all claims, suits, actions, damages, losses and costs of every type and description to which the City of Buffalo may be subjected or put by reason of injury to the person or property of another or the property of the City of Buffalo resulting from the performance of commercial bait dipping activity.