HomeMy WebLinkAbout2006-026 - Amendment to Section 605.320 and Restatment of Section 605.320.D.4 of the Municipal Code~-:~~
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BILL N0.2006-26
ORDINANCE N0.2006-26
AN ORDINANCE AMENDING TITLE VI, CHAPTER 605.320 OF THE MUNICIPAL
CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY REVISING AND RESTATING
SECTION 605.320.D.4, REGARDING PROOF OF INSURANCE
WHEREAS, the City of Riverside, Missouri (the "City") has in place regulations
addressing the discharge and sale of fireworks within the City, and the requirements for
obtaining and maintaining an occupational license for the sale of fireworks; and
WHEREAS, the City and its staff have conducted a further review of the City's
Municipal Code (the "Code") sections regarding the sale of fireworks, and the business licenses
related thereto, and have determined that certain of such provisions related to insurance must be
revised and clarified so as to allow for greater ease of use, uniformity, simplicity, and safety; and
WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and
deemed adoption of the amended and restated Code provisions regarding the sale of fireworks to
be advisable and in the City's best interests for the promotion of the health, safety and welfare of
the residents of the City; and
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. Section 605.320.D.4 of the Municipal Code of the City of Riverside, Missouri
is hereby revised to read as follows:
SECTION 605.320.D.4: SALE OF FIREWORKS AND
FIREWORKS OCCUPATIONAL LICENSE
4. Proof of Insurance Required. The seasonal retailer and landowner must submit
proof of hazard insurance in the amount of at least $1,000,000.00 per occurrence
and a $2,000,000 aggregate limit, naming the City as an additional insured, and
covering occurrences during the term of the insurance. The amount of insurance
shall not be subject to possible reduction below the minimum under an aggregate
limit which includes occurrences at locations not operated by the seasonal
retailer. The seasonal retailer and landowner must also execute an indemnity, on
the form provided by the City, indemnifying the City and its employees from all
claims and losses.
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri
revised herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree,
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or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all
provisions of the Ordinance not specifically declared to be unlawful shall remain in full force
and effect.
Section 4. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section 5. This ordinance shall take effect immediately.
Passed this / ~ day of 2006.
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May ro Tem
A TE
City Clerk
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PROPOSED AMENDED FIItEWORKS
INSURANCE REQUII2EMENTS
1. Each licensee must have a separate policy showing the licensee as the insured. Policies
issued to wholesalers listing the licensee as an additional insured will not be accepted
unless accompanied by a special endorsement providing that the aggregate limit of the
policy may not be reduced by claims arising out of locations or operations of anyone
other than the licensee.
2. The policy must be issued in the name of the licensee, not a related entity unless that
entity also signs the application and is a licensee.
3. A licensee with multiple locations in Riverside may be covered by a single policy,
however, each location must be listed in the certificate of insurance.
4. The minimum coverage must be One Million Dollars ($1,000,000.00) per occurrence,
with an aggregate limit of at least Two Million Dollars ($2,000,000.00).
5. Policies must provide coverage for "occurrences" during the policy period, not "claims
made" during the policy period.
6. The City of Riverside, Missouri must be listed as an additional named insured, not just a
certificate holder.
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