§ 8.33. Liability of City and Authority.

Neither the City, the Authority, nor any commission, commissioner, bureau, agency, officer, agent or employee thereof shall be responsible or liable for any loss, damage or destruction of any property or for injury to, or the death of, any person arising out of the operation of any heliport by any person other than themselves, or arising out of the conduct or attempted conduct of aeronautical activities by any person other than themselves. The issuance of a heliport permit, rescue helicopter license or special aeronautical activities permit by the City shall not cause the City to be responsible or liable for any claim arising out of any activities authorized to be conducted by such permit or license. This section is not intended either to expand or limit any liability of the City or Authority which may arise out of the operation by the City or Authority of airports, heliports or aircraft. The holder of any heliport permit, rescue helicopter license or special aeronautical activities permit, shall give the City prompt and timely written notice of any claim made or suit instituted arising out of the conduct or attempted conduct of any aeronautical activities pursuant to such permit or license, and such persons shall indemnify and save harmless the City and the Authority and all of the persons of agencies hereinabove designated, from any judgments recovered by anyone for personal injury, death or property damage sustained by reason of any of the said activities, and shall pay all expenses, including costs and attorneys' fees, in defending against any such claim made against the City, the Authority, or any of the persons or agencies above enumerated; provided, however, that such persons shall not be required to indemnify the City or Authority with respect to any damage, injury, loss or death occasioned solely by the intentional acts or negligence of the City, the Authority, their agents or employees.

(Ord. of 10-2-1972, § 1)