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 Orlando
 Code of Ordinances
 Chapter 18A. PARKS AND OUTDOOR PUBLIC ASSEMBLIES

  § 18A.23. Indemnification and Insurance.  

Latest version.

  • (1)

    Indemnification. The applicant and any other persons, organizations, firms or corporations on whose behalf the application is made, by filing a permit application shall represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the City harmless against liability, including court costs and attorney's fees, and attorney's fees on appeal, 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 assembly or any of its participants.

    (2)

    Insurance. The applicant shall furnish proof of insurance of the types and amounts set forth in Section 161.3 of the City Policy and Procedures Manual.

    (3)

    Waiver of insurance requirement; appeal. The insurance requirement shall be waived by the Chief Administrative Officer (CAO) if the activity proposed by the applicant involves (1) expressive speech protected by the First Amendment to the United States Constitution, (2) will occur in a public forum, (3) does not include liability of property damage risk factors beyond those typically associated with the ordinary public use of the property, (4) the insurance requirement would be so financially burdensome that it would preclude the applicant from exercising First Amendment rights, and (5) adequate alternate channels of expression are not available. Within seven (7) days of a request, the CAO shall render a written decision on whether the insurance requirement shall be waived and shall set forth the reasons for the decision. An applicant wishing to appeal the decision of the CAO may file a request for immediate judicial review with a court having jurisdiction thereof, or in the alternative, may file an appeal to City Council within five (5) days after receipt of the notice of denial by filing a written notice with the CAO, with a copy delivered to the City Clerk, and such appeal shall be considered at the next regularly scheduled City Council meeting. An applicant wishing to appeal the decision of City Council may file a request for immediate judicial review with a court having jurisdiction thereof.

(Ord. of 4-4-1977, § 1; Ord. of 1-11-1993, Doc. #26285; Ord. of 4-1-2002, § 15, Doc. #020401705)