[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:
Any person, firm or corporation:
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.
