HomeMy WebLinkAbout1986-09-02; City Council; 6080; CMC 5.60.010 add - City insured for special events sponsors/promoters1
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ORDINANCE NO. 6080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 5, BY THE
ADDITION OF CHAPTER 5.60 ESTABLISHING A
REQUIREMENT THAT SPONSORS OR PROMOTERS OF SPECIAL
EVENTS OBTAIN LIABILITY INSURANCE NAMING THE CITY
AS AN ADDITIONAL INSURED PRIOR TO THE OCCURRENCE
OF THE SPECIAL EVENT.
WHEREAS, cities throughout the State of California and
the Nation are experiencing a crisis caused by an inability to
obtaiin liability insurance coverage at a reasonable price; and
WHEREAS, the City has recently been forced into a
position where the Council decided to be self insured for
liability risks; and
WHEREAS, many special events, such as the Carlsbad Grand
Prix, the Superbiker's Competition, the Tournament of Champions
of Golf, and other such events create special liability risks for
the short period of time during which the events are taking
place; and
WHEREAS, these events cause traffic congestion, heavy
use of City streets, special police services, road closings,
traffic conflicts and other special risks not otherwise
associated with usual and customary use of City streets and
services; and
WHEREAS, these events require certain permits from the
City; and
WHEREAS, it is the policy of the City to, as a condition
of the permits for special events, require that the sponsor or
promoter of the event provide liability insurance which names the
City as an additional insured; and
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WHEREAS, in order to protect the public health, safety
and welfare as well as the public fisc it is necessary to
formally implement the Council policy of requiring insurance for
all special events,
NOW, THEREFORE, the City Council of the City of
Carlsbad does ordain as follows:
1. That Title 5 of the Carlsbad Municipal Code is
amended by the addition of Chapter 5.60 to read as follows:
"Chapter 5.60
Insurance Requirements for Special Events
Sect ion :
5.60.010 Insurance requirements for special events.
5.60.010 Insurance requirements for special events.
Whenever a special event, including but not limited to exhibits, fairs, athletic events, trade shows, concerts, or conventions
requires any permit under the provisions of this Code, the
sponsor, promoter or person conducting the special event shall
obtain comprehensive general liability insurance in an amount
determined by the City Manager. The insurance shall name the
City as an additional insured. The insurance company or
companies shall meet the requirements established by City Council
Resolution. The insurance policy required by this section shall
not be cancelled, limited or nonrenewed until ten days written
notice has been given to the City. The policy shall show
evidence of public liability insurance in a form acceptable to
the City Manager. Special events conducted solely by the City of
Carlsbad shall be exempt from this requirement. Special events
conducted solely by governmental agencies other than the City of
Carlsbad shall be exempt from this requirement provided that the other governmental agency provides proof to the City Manager of
an inability to obtain special events insurance and provided
further that the governmental agency agrees to indemnify and hold ...
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the City harmless from any damage, loss, liability, claim or
demand which may arise or be related to the special event."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk of the City of
Carlsbad shall certify to the adoption of this ordinance and
cause it to be published once in the Carlsbad Journal within 15
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 26th day of
August 1986 and thereafter,
PASSED AND ADOPTED, at a regular meeting of the City
Council of the City of Carlsbad, California held on the 2nd
day of September , 1986 by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
Approved as to Form
MARY H. FASL,ER, Mayor
ATTEST :
aQzL A. 62wh-kk-, ALETHA L. RAUTEMKRANZ, City Clerk
3.