08-1371 City Code Citizen's Use Permit Process Regarding InsuranceCITY OF MERIDIAN ORDINANCE NO. ~ ~ 3~
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 3, CHAPTER 4,
MERIDIAN CITY CODE, RELATING TO THE INSURANCE POLICY
REQUIREMENT OF THE MERIDIAN CITIZEN'S i7SE PERMITTING PROCESS;
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the public interest of the people of the City of Meridian would be better
served by leaving with the Ada County Highway District the determination of whether an
applicant for a Meridian Citizen's Use Permit must provide proof of insurance rather than
incorporating such requirement into Meridian City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Meridian City Code § 3-4-4(C) shall be amended to read as follows:
C. Application for a City of Meridian Citizen's Use Permit shall be made to the City
Clerk, and shall include the following:
1. A completed application form provided by the City Clerk, which form shall include:
a. The name, address, and telephone number of the applicant and/or the organization on
whose behalf the applicant is applying.
b. The date(s) and time(s) at which the activity or event will occur.
c. The location(s) at which the activity or event will occur, and/or the route(s) that the
activity or event will follow, including street names, nurnerical blocks, and a map
thereof.
d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation,
display, conveyance, and/or transport to be included in the activity or event.
e. A description of security and safety plans and measures to be implemented at or in
the course of such activity and/or event, including, security personnel, barricades,
traffic andlor crowd control measures, cones, and/or directional signage.
2. License fee per fee schedule, which fee shall be sumrnarily waived by City Council upon
a showing by applicant that applicant is or represents:
a. A non-profit organization exempt from federal income tax under 26 U.S.C. §§
501(c)(3), 501(c)(6) or
ORDINANCE REMOVING INSURANCE REQUIREMENT OF CITY CITIZEN'S USE PERMIT PAGE 1 OF 4
b. A governrnental entity.
Further, the city council may waive in whole or in part the license fee when such a fee
would present an unreasonable hardship. A request for a hardship waiver shall be made
in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for
such request. Upon receipt of such request, the City Clerk shall schedule a public hearing
on the request at a City Council meeting within thirty (30) days. The City Council's
decision on such request shall be a final decision, and may be appealed to District Court
according to the provisions of the Idaho Administrative Procedures Act.
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34. Applicant's agreement to indemnify, save and hold harmless, and defend the City
and the Ada County Highway District from the expenses of and against any and
all suits, actions, claims, and/or losses of every kind, nature, and description,
including costs, expenses, and attorney fees that may be incurred by reason of any
act, omission, neglect, or misconduct of applicant or its participants in the use of
the location(s) and/or route(s) at or upon which the activity or event will occur.
45. Applicant's certification that damage to the properties, locations, and/or routes at
or upon which the activity or event will occur is not foreseeable, and that, if ,
damaged, applicant shall incur the costs of restoring the original condition of such
properties, locations, and/or routes.
56. Written approval of the Ada County Highway District of such activity or event, including
anYproof of insurance that is required by the District.
SECTION 2: That all ordinances, resolutions, orders, or parts thereof or in conflict with
this ordinance are hereby voided.
SECTION 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance
shall be in full force and effect on the day of , 2008 its
passage, approval and publication.
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PASSED by the City Council of the City of Meridian, Idaho, this p~ 7 day of
, 2008.
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PPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of
Gc~-- 2008. ~
APPROVED:
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ORD~IANCE REMOVING INSURANCE REQU[REMENT OF CITY CITIZEN'S USE PERMIT PAGE 3 OF 4