Laserfiche WebLink
application is made, by filing a permit application, agrees to obtain liability <br />insurance coverage for the scheduled event or public assembly if required by the <br />permit, and stipulate that they will jointly and severally indemnify and hold the <br />City harmless against all liability, including court costs and attorney's fees, and <br />attorney's fees on appeal, for any and all claims for damage to property, or injury <br />to or death of persons arising out of or resulting from the issuance of the permit of <br />the conduct of the assembly or any of its participants. <br />D. Conditions for Granting. The Recreation Division Manager shall grant <br />the application if it appears that the individual, group, organization, or entity will <br />not interfere with the general use of the City Park by the individual members of <br />the public, and if the individual, group, association or organization meets all <br />conditions contained in the application. The content of the speech or expression <br />shall not be requested as part of the application and shall not be considered as a <br />basis for denying a permit application. The Recreation Division may establish <br />conditions for issuance of a permit, including, but not limited to the following; <br />1. Requirements for applicants to obtain reasonable security for the <br />event or assembly; <br />2. Requirements that the applicants pay or reimburse the City for any <br />costs the City may incur as a result of the use of the City Park for the activity; and <br />3. Minimum insurance requirements. <br />E. Appeal. In the event of a denial of an application, any aggrieved person <br />shall appeal the decision of the Recreation Division Manager to the City Manager. <br />F. Obligations of Permittee. Any person, group, organization, or entity that <br />has been issued a Facility and Park Rental Permit or a Special Use Park Event <br />Permit to use City Park facilities shall comply with all applicable laws, rules, and <br />regulations. Violation of such rules and regulations or the conditions and <br />requirements of the permit shall result in suspension or revocation of such permit. <br />G. Expressive Speech protected by the First Amendment. The fees <br />authorized herein may be waived by the Recreation Division Manager if the <br />activity proposed by the applicant involves expressive speech protected by the <br />First Amendment to the United States Constitution or the fees would be so <br />financially burdensome that it would preclude the applicant from exercising First <br />Amendment rights, and adequate alternate channels of expression are not <br />available. Within five (5) calendar days of a written request from the applicant to <br />waive the fees, the Recreation Division Manager shall render a written decision <br />on whether the fees shall be waived and shall set forth the reasons for the <br />decision. An applicant wishing to appeal the decision of the Recreation Division <br />Manager may file an appeal to the City Commission within five (5) days after <br />receipt of the notice of denial by filing a written notice with the City Clerk, and <br />Ordinance 17-1462 <br />Page 9 <br />