As set forth in Chapter
59, Municipal Civil Infractions, of the Village Code of Ordinances.
By registering with the Village and accepting a permit granted
under this article, a registrant or permit holder agrees as follows:
A. Limitation of liability. By reason of the acceptance of a registration
or the grant of a ROW permit, the Village does not assume any liability
for: 1) injuries to persons, damage to property or loss of service
claims by parties; or 2) claims or penalties of any sort resulting
from the installation, presence, maintenance or operation of equipment
or facilities by registrants or permit holders or activities of registrants
or permit holders.
B. Indemnification. A registrant or permit holder shall indemnify, keep
and hold the Village, its officials, employees and agents, free and
harmless from any and all costs, liabilities, and claims for damages
of any kind arising out of the construction, presence, installation,
maintenance, repair, or operation of its equipment and facilities,
or out of any activity undertaken in or near the ROW, whether or not
any act or omission complained of is authorized, allowed, or prohibited
by a ROW permit. The foregoing does not indemnify the Village for
its own negligence except for claims arising out of or alleging the
Village's negligence in issuing the permit or in failing to properly
or adequately inspect or enforce compliance with a term, condition
or purpose of a permit. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the registrant,
permit holder or the Village, and registrant or permit holder, in
defending any action on behalf of the Village, shall be entitled to
assert in any action every defense or immunity that the Village could
assert on its own behalf.
If any article, section, subsection, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
article, section, subsection, clause, phrase or portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remainder thereof.
All ordinances, parts of ordinances, or sections of the New
Haven Village Book of Ordinances in conflict with this article are
repealed only to the extent necessary to give this article full force
and effect.
This article, or a summary hereof, shall be published within
30 days of adoption in a newspaper of general circulation in New Haven
Village and shall become effective 30 days after such publication,
as provided by law.