§ 316-15. Indemnity and insurance.

A. 

The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing such application, do represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants.

B. 

In addition, no parade permit shall be issued unless the applicant therefor shall obtain a comprehensive general liability insurance policy, issued by an insurance company authorized to do business in this state, with coverage that includes the assembly area, the parade route, the disbanding area of the parade and any other area used by the participants of the parade. The City shall be named as an additional insured on the policy.

(1) 

The policy limits of said insurance shall not be less than:

(a) 

Property damage: $5,000 for each occurrence.

(b) 

Bodily injury or death: $25,000 for each person and $50,000 for each occurrence.

(2) 

Excepted from this requirement shall be the municipal corporations of the City of North Wildwood, the City of Wildwood and the Borough of Wildwood Crest, which applicants shall only be required to submit satisfactory proof to the Chief of Police of the City of North Wildwood of a comprehensive general liability policy.

C. 

At the time of the application for the parade permit. satisfactory proof that the required insurance has been obtained must be presented to the Chief of Police. The requirement for satisfactory proof may be complied with either by depositing the insurance policy itself with the Chief of Police or by furnishing a certificate of insurance, meeting the following specifications, to the Chief of Police:

(1) 

The insurance policies issued should be listed, and for each policy the type of insurance, policy number, expiration date and limits of liability should be shown.

(2) 

The certificate should designate the City of North Wildwood as certificate holder and as an additional insured and should contain a statement to the effect that the policies listed are in force and that in the event of cancellation or any material change in a policy affecting the certificate holder, at least 10 days' prior written notice will be given to the certificate holder.

(3) 

Below the schedule of insurance in force, the certificate should include a statement substantially as follows:

"The comprehensive general liability policy listed above includes coverage of designated premises and coverage for contractual liability in compliance with the provisions of Ordinance No. 872 of the City Code of the City of North Wildwood, for a parade to be held on _________________, 19_____."

(4) 

The certificate should be signed by an authorized agent of the issuing company or companies and should have attached a copy of a power of attorney evidencing the agent's authority.

D. 

The requirements of Subsections B and C of this section shall not be applicable to parades composed of pedestrians only and not including any vehicles or animals. If motor vehicles are to be included, evidence of public liability insurance with the same limits on said vehicles may be accepted in lieu of the insurance required in Subsections B and C.

E. 

If proof of indecency is made, the provisions of Subsections B and C may be waived, unless just cause dictates its enforcement.

Amended 9-1-1987 by Ord. No. 970