[Ord. No. O-09-04; Ord. No. O-09-10]
(a)
Except as otherwise provided herein, the applicant or sponsor
shall furnish to the City proof that a policy of general liability
insurance is in full force and effect, covering the community event
to be held and containing an endorsement that the City has been named
thereon as an additional insured with limits of liability of at least
$1,000,000 for each occurrence and $2,000,000 aggregate for bodily
injury and $50,000 for each occurrence and $100,000 aggregate for
property damage. All such policies must be written in the broadest
form available by a company authorized to do business in New York
State and of recognized financial standing which has been fully informed
of the proposed community event. As proof of insurance coverage, the
applicant or sponsor shall provide the City with a letter from the
insurance agency issuing said policy certifying that the policy states
that the City is named as an additional insured and providing a copy
of the declaration page of such policy reflecting that the City has
been designated as such.
(b)
The insurance coverage described hereinabove shall be increased
by the City Administrator for good cause. As used herein, the term
"good cause" shall mean that the circumstances of the proposed community
event will include one or more of the following: the number of attendees
and/or participants shall be 150 or more persons; the inclusion of
any animals other than domesticated cats and dogs; the inclusion of
ride-on attractions such as roller coasters, carousels, Ferris wheels
or other such devices; the inclusion of equipment or devices requiring
connection to electricity or other independently generated energy
sources or utilities, including but not limited to water and/or sewage
treatment systems; the presence and/or use of fireworks, explosive
devices, firearms, weapons, fire chemicals or other inherently dangerous
or hazardous devices, materials or activities. The amount by which
the City Administrator shall require an increase in such insurance
coverage shall be no less than two times the amounts in U.S. dollars
set forth in the preceding subsection. In case no such insurance is
available, the City Administrator may prohibit such activity or device
from inclusion in the community event.
(c)
Waiver or reduction of fees, insurance and/or security deposit
requirements.
(2)
Notwithstanding the requirements to pay fees and/or provide
insurance coverage and/or security deposit or escrow accounts as set
forth elsewhere in this chapter, the City Administrator shall have
the authority to and may reduce and/or waive such requirements for
applicants or sponsors who qualify for such reduction and/or waiver
according to the following criteria:
a.
If the applicant or sponsor provides documentation showing that
it is a nonprofit, not-for-profit or charitable entity organized and
registered as such under the laws of the United States, New York State
or any other state, and provides proof that it is in good standing
with the appropriate governmental agency that authorized its organization
as a nonprofit, not-for-profit or charitable entity.
b.
If the applicant or sponsor is a municipality, municipal corporation
or agency or department or subdivision thereof.
c.
If the community event is a "special community event" as defined in Article III, Section 7 3/4-5(a) and (c), of this chapter. The City shall be exempt from any and all fee, application, permit and insurance requirements under this chapter if the special community event is City-sponsored. Ward events shall be exempt from any and all fee and insurance requirements.
d.
If the applicant or sponsor is indigent and will not receive
any revenue from the community event in excess of the actual cost
of holding said event. "Indigent" means that the individual has a
gross annual income of less than $12,000 or if the applicant is an
entity other than an individual, "indigent" means that the entity
has a gross annual income for the current or most recent fiscal year
or assets or a combined total of each of $20,000 or less. An indigent
person or entity shall nevertheless be required to provide insurance
coverage as set forth in this section, unless good cause is shown
why such coverage should be reduced or dispensed with.
e.
If the community event is a spontaneous event based on an exercise of free speech such as those in response to a contemporaneous occurrence or incident as described in Article VI.
f.
Such insurance must be in force before the City of the applicant/sponsor
is permitted to commence the setup of equipment for the event.
