HomeMy WebLinkAbout079 - 09/04/2012 - AMENDING CERTAIN PROVISIONS OF CHAPTER 23.5 OF THE CITY CODE RELATING TO SPECIAL EVENTS PERMITS ORDINANCE NO. 079, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN PROVISIONS OF CHAPTER 23.5
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO SPECIAL EVENTS PERMITS
WHEREAS, Chapter 23.5, of the City Code authorizes the issuance of permits for special
events and demonstrations in the City; and
WHEREAS, the City Council wishes to amend the provisions of this Chapter related to
indemnification requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF FORT
COLLINS as follows:
Section 1. That Section 23.5-2 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Public entity" which reads in its entirety as follows:
Sec. 23.5-2. Definitions.
Public entity shall mean the state of Colorado; any institution, agency,
instrumentality, authority, county, municipality, city and county, district, or other
political subdivision of the state, including any school district and institution of
higher education.
Section 2. That Section 23.5-10 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-10. Indemnification agreement.
Prior to the issuance of an event permit, unless the applicant is the City, the
Coordinator shall require the applicant and authorized officer of the applicant's
organization(if any)to sign an agreement for the permittee to reimburse the City for
any costs incurred by it in repairing damage to City property occurring in connection
with the permitted event proximately caused by the actions of the permittee, its
officers, employees or agents, or any person who was under the permittee's control.
All applicants except those that are public entities, shall also agree to defend the
City against, and indemnify and hold the City harmless from, any liability to any
persons resulting from any damage or injury occurring in connection with the
permitted event proximately caused by the actions of the permittee, its officers,
employees or agents, or any person who was under the permittee's control. Persons
who merely join in an event are not considered by that reason alone to be "under the
control" of the permittee.
Section 3. That Section 23.11 of the Code of the City of Fort Collins is hereby amended
by the addition of a new subparagraph (e) which shall read in its entirety as follows:
Sec. 23.5-11 Insurance.
(a) Prior to the issuance of an event permit, the Coordinator may require the
applicant and authorized officer of the applicant's organization(if any)to possess or
obtain public liability insurance to protect against loss from liability imposed by law
for damages on account of bodily injury and property damage arising from the event.
The Coordinator shall determine whether to require such insurance, and the amount
of insurance that shall be required,based upon the considerations routinely taken into
account by the City in evaluating loss exposures, including, without limitation,
whether the event poses a substantial risk of damage or injury due to the anticipated
number of participants, the nature of the event and activities involved and the
physical characteristics of the proposed site or route. Such insurance shall name on
the policy or by endorsement as additional insureds the City, its officers, employees
and agents.
(b) If insurance coverage is required pursuant to Subsection(a) above, a copy of
the policy or a certificate of insurance along with all necessary endorsements must
be filed with the Coordinator no less than five (5) days before the date of the event
unless the Coordinator for good cause changes the filing deadline, in which event
such documents shall be provided on the date and time specified by the Coordinator.
(c) The insurance requirements of Subsections(a)and(b)above shall be waived
by the Coordinator for demonstrations if the applicant or an officer of the applicant's
organization signs a verified statement that he or she believes the event is a
demonstration under the definition in this Chapter,and that he or she has determined
that the cost of obtaining insurance is so financially burdensome that it would
constitute an unreasonable burden on the right of First Amendment expression, or
that it has been impossible to obtain insurance coverage. The statement shall include
the name and address of one (1) insurance agent or other source for insurance
coverage contacted to determine insurance premium rates for insurance coverage.
(d) If the Coordinator waives the insurance requirements set forth in Subsections
(a) and (b), the City may, in its discretion, require the applicant to apply for
insurance coverage for the event under a policy selected by the City. The applicant
must provide any information pertinent to qualifying for the insurance coverage. The
premium for such insurance coverage would be paid by the City rather than the
applicant.
(e) Notwithstanding any provision of this section to the contrary,the Coordinator
shall require all public entity permit holders to provide public liability insurance as
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required by Subsection (a) above in lieu of indemnifying the City under the
provisions of Section 23.5-10.
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
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Mayor P o m
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City Clerk ••OLOIX
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
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