9.78.110 Insurance--Exemption.
A. If the filming involves one or more of the following conditions, the permittee must obtain insurance in the amount of one million dollars for the duration of the event, which names the City, its officers, agents and employees as additional insured:
1. Closure of major arterial or collector City streets, as defined in the City general plan;
2. An anticipated crowd in excess of one thousand people;
3. A street closure anticipated to have a major effect on the flow of traffic in the area; i.e., closure of two or more intersections and rerouting of A.C. Transit or other public transportation.
B. If the filming involves any activity or vehicle, including, but not limited to, stunts, aircraft, watercraft or pyrotechnics, which poses a potential threat to the public or property, the permittee must obtain insurance in an amount determined by the City’s risk manager for the duration of the event, which names the City, its officers, agents and employees as additional insured.
C. No permit applicant shall be required to comply with the insurance requirement of this section if the activity proposed is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed filming from occurring.
D. If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City Attorney no later than one business day before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager or their designee may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. If no insurance is provided, the permit may not be exercised. (Ord. 6425-NS § 11, 1998)