05/07/1980 Meeting - Laserfiche WebLink

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e was unable to get insurance for other than financial reasons. Mr. Janzen stated that these guidelines have been designed to be as flexible as possible, but with the City being self-insured, there is a liability factor. The City could be seen as being liable for damages for injuries to the public. Council needs to determine how much risk the City wishes to assume. Ms. Miller asked what kind of incidents had happened in the past to substantiate the need for these rules. Mr. Janzen responded that there are not good natural records to provide a history of this. Ms. Miller stated there had been one parade which .resulted in damage and asked him if he knew of others besides the one. which occurred in the 1960's. e Pat Larion, Police Department, stated that in the 26 years he has been with the City, there have been a number of incidents. One of the prob- lems is that there is no way of pre-determining how many people will show up for a parade. There have been incidences of people driving through parades resulting in injuries. There have been other incidences of damage to public and private property. The big factor is that it is difficult in a parade situation to exercise control of or responsibility for the behavior of the group. Ms. Miller asked if the City had sustained any liability as a result of claims resulting from these incidents. Mr. Larion responded that to his knowledge there were none. Ms. Miller asked if the City would also be responsible for events occur- ring at the University of Oregon. Tim Sercombe, City Attorney's office, stated that the City would be responsible only for parades on City prop- erty, not on the University of Oregon campus, unless they were using City streets. Ms. Miller asked who would decide if an applicant was or was not indigent. Mr. Sercombe responded that the definition would have to be determined depending on the factors of each case. The rules state an affidavit would be signed by the applicant stating whether he/she could afford insurance. If the applicant signs a false affidavit, that would be grounds for charges. Mr. Haws asked for a better definition of "paradesll and whether this ordinance and these rules would also include marathons, marches, etc. Mr. Sercombe responded that these rules would apply to any gathering of more than ten people, covering more than 100 feet, and for a common purpose. It would cover athletic events. Mr. Haws questioned whether the City should bear the costs of indigent parades or determine that if a group cannot afford the police and insurance, they would simply not grant a parade permit. Mr. Sercombe responded that there would be Constitutional problems in regard to First Amendment rights for assembly if this were the case. He would recommend that the City not prohibit parades for indigent people. Rights cannot be denied for economic e 5/7/80--7