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Home My WebLink AboutORD 2971BILL NO. 18 ORDINANCE NO. 2971 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4, ARTICLE 9, SECTION 04 -09 -05 OF THE CALDWELL CITY CODE, RELATING TO INSURANCE REQUIREMENTS FOR THE ERECTION OF A MONUMENT OR TOMBSTONE; AMENDING CHAPTER 6, ARTICLE 21, SECTION 06- 21 -15, RELATING TO INSURANCE REQUIREMENTS FOR PRIVATE PATROLMEN; AMENDING CHAPTER 8, ARTICLE 13, SECTION 08- 13 -09, RELATING TO INSURANCE REQUIREMENTS FOR FIREWORKS PERMITS; ENACTING CHAPTER 10, ARTICLE 2, SECTION 10- 02 -06, SUBSECTION 14, CODIFYING INSURANCE REQUIREMENTS FOR THE HANGING OF STREET BANNERS; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10 -02 -13 AND ARTICLE 8, SECTION 10- 08 -02, RELATING TO INSURANCE REQUIREMENTS FOR SPECIAL EVENTS AND ARBORIST CONTRACTOR LICENSES, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 4, Article 9, Section 04- 09 -05, of the Caldwell City Code, containing insurance requirements for the erection of a monument or tombstone, be amended as follows: 04 -09 -05 ERECTION OF MONUMENT OR TOMBSTONE (2) All monuments must be set by a monument company which has filed with the sexton, at or before the time of installation, a current liability insurance policy in on each monument with a policy limit equal to or greater than the minimum designated by council resolution. All monuments must have a cement foundation, providing a minimum six inch (6 °) concrete border surrounding said monument. Section 2. That Chapter 6, Article 21, Section 06- 21 -15, of the Caldwell City Code, containing insurance requirements for the licensing of private patrolmen, be amended as follows: 06 -21 -15 BOND AND INSURANCE REQUIRED ORDINANCE 2971 -PAGE I (2) General and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit or interference with property and contract rights. Th t,....a - °a tw °....and dollar, ($300,000.00) .. nn) p °:a°. and one hundred tw,...san dollar. ($100 ,000.00) ., nm pfep°.4 a°. age p ,.,.:dent. Said insurance shall have nolicv limits eaual to or Rreater than the minimum designated by council resolution Section 3. That Chapter 8, Article 13, Section 08- 13 -09, of the Caldwell City Code, containing insurance requirements for obtaining a fireworks permit, be amended as follows: 08 -13 -09 AMENDMENTS TO FIRE CODE (35) Amend IFC appendix K to read as follows: Appendix K Section K105: Permit For Retail Sales Of Non - Aerial Common Fireworks J. Each non - aerial common fireworks permit application shall be accompanied by a certificate of insurance for public liability and property casualty insurance providing coverage of up to one hundred thatisan dollafs ($100,000) for personal injuFy and prepeFty damage. with policy limits equal to or greater than the minimum designated by council resolution. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. Section K110: Permit For Public Fireworks Display I. Each public fireworks display permit application shall be accompanied by a certificate of insurance for public liability and property ORDINANCE 2971 — PAGE 2 casualty insurance providing coverage of up to e 'Million dellars ($1,000,000) for nal : and _ peft...7,.« age with policy limits equal to or greater than the minimum designated by council resolution. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. Section 4. That Chapter 10, Article 2, Section 10- 02 -05, Subsection 14, of the Caldwell City Code, containing insurance requirements for the hanging of street banners, be enacted as follows: 10 -02 -06 SIGN SCHEDULE (14) Each street banner permit application shall be accompanied by a certificate of insurance at the time of application submittal for public liability and proverty damage coverage with policy limits equal to or greater than the minimum designated by council resolution. Section 5. That Chapter 10, Article 2, Section 10- 02 -13, and Article 8, Section 10- 08-02, of the Caldwell City Code, containing insurance requirements for special event permits and arborist contractor licensing, respectively, be amended as follows: 10 -02 -13 TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, BUSINESS PERMITS AND SPECIAL EVENTS (8) Special Event Permits: D. The special event permit application shall be obtained from the applicable city department and completed, signed and submitted to said department along with all required attachments as listed on the application. Required documents include a certificate of insurance for public liability and property damage coverage with policy limits equal to or greater than the minimum designated by council resolution. 10 -08 -02 TREE LANDSCAPE PROVISIONS ORDINANCE 2971 - PAGE 3 (8) Licensing/Certification Procedures: G. License Insurance Coverage: Applications for an arborist contractor's license shall be accompanied by proof of insurance acceptable to the city forester showing the applicant has a policy of liability and property damage insurance with policy limits equal to or greater than the minimum designated by council resolution, eovering the work of the applieant —and the applieant's empley ees, and listing the eity- as an additional insured aF in a sum of not less thaH that pFovided by which complies with requirements set forth in Idaho Code Title 6, Chapter 9. The policy is to remain in full force and effect during the term of the license. Section 6. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 7. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 8. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 16th day of June, 2014. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 16th day of June, 2014. — %,vt Mayor Garret Nancolas ORDINANCE 2971 - PAGE 4 ATTEST: City Clerk (or t.I v OP I" 2 2 .r o' s S• d •0 I.- I IDp� ®.•• .zaa n.uv;..��., a' a; �o�., bme ®mop .. r.� a ��. e ®. �;. o" ".a ma �98hC9cP`�� ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2971 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4, ARTICLE 9, SECTION 04 -09 -05 OF THE CALDWELL CITY CODE, RELATING TO INSURANCE REQUIREMENTS FOR THE ERECTION OF A MONUMENT OR TOMBSTONE; AMENDING CHAPTER 6, ARTICLE 21, SECTION 06- 21 -15, RELATING TO INSURANCE REQUIREMENTS FOR PRIVATE PATROLMEN; AMENDING CHAPTER 8, ARTICLE 13, SECTION 08- 13 -09, RELATING TO INSURANCE REQUIREMENTS FOR FIREWORKS PERMITS; ENACTING CHAPTER 10, ARTICLE 2, SECTION 10- 02 -06, SUBSECTION 14, CODIFYING INSURANCE REQUIREMENTS FOR THE HANGING OF STREET BANNERS; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10 -02 -13 AND ARTICLE 8, SECTION 10- 08-02, RELATING TO INSURANCE REQUIREMENTS FOR SPECIAL EVENTS AND ARBORIST CONTRACTOR LICENSES, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections 1 through 5: Enacts Chapter 10, Article 2, Section, 10- 02 -06, Subsection 14, by codifying insurance requirements for hanging street banners; Amends Chapter 4, Article 9, Section 04- 09 -05, Chapter 6, Article 21, Section 06- 21 -15, Chapter 8, Article 13, Section 08- 13 -09, Chapter 10, Article 2, Section 10- 02 -13, and Chapter 10, Article 8, Section 10- 08 -02, pertaining to liability insurance requirements for the erecting of monuments or tombstones, the licensing of private patrolmen, the approval of fireworks permit applications and special event permit applications, and the licensing of arborist contractors, and providing that the minimum policy limits required shall be set by council resolution. Sections 6 through 8: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 2971 provides an effective date, which shall be on the 23rd day of June, 2014. Ordinance No. 2971 was passed by the Council and approved by the Mayor on the 16th day of June, 2014. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 16th day of June, 2014, for publication on the 23rd day of June, 2014, pursuant to Idaho Code § 50 -901 A. Mayor Garret Nancolas ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR 1 have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 2971 and provides adequate notice to the public as to the cone nts of such ordinance. � DATED this 16th day of June, 201 Mark Hilty, Attorney for City of C