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A. Except for special events where the sale of alcoholic beverages is authorized or where traffic control permits are issued, the insurance requirements of this chapter may be waived. In making the determination of whether to waive insurance, the city’s risk manager shall consider the following factors:

1. Whether it is objectively impossible to obtain insurance coverage;

2. Whether the special event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; and

3. Whether a fee or donation is charged or required as a condition of admission or participation in the special event.

B. To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.

C. Even though insurance is waived, the city’s risk manager shall require the event organizer of a special event to defend, indemnify, and hold harmless the City from any claim or liability arising from the special event. (Ord. M-3956 §1, 2010)