§ 3-80. Applicant's bond.

(a)

Bond required; amount. Prior to the granting of a permit under this division and not less than ten (10) days prior to the day the festival is to begin, the board of supervisors shall require the applicant to give bond, with corporate surety, payable to the county, in such amount as the board may consider necessary, not to exceed one hundred thousand dollars ($100,000.00). In lieu of such bond, the applicant may deliver to the county administrator cash, a certified check or cashier's check made payable to the county.

(b)

Conditions. The bond or other security provided for in this section shall be conditioned upon the applicant's full satisfaction of all claims, judgments and decrees which may result by reason of any negligent or unlawful act or omission of any person participating in the festival. Further conditions shall be as follows:

(1)

That the applicant shall save the county harmless from any and all claims and demands whatsoever which result from damage or injury arising out of the conduct of the festival or from the acts of any person participating in the festival.

(2)

That the applicant shall pay the county for all extra expenses incurred for clearing county roads, sidewalks and public places of litter and waste matter resulting from the festival.

(3)

That the applicant shall pay for the cleaning and repairing of public property which may be soiled or damaged by acts of vandalism during the period of holding the festival or within six (6) hours thereafter, when such acts of vandalism are reasonably attributable to the holding of such festival.

(c)

Delivery and deposit. Upon receipt of a bond under this section, the county administrator shall immediately deliver the bond to the county treasurer and, in the event the bond is by cash or certified or cashier's check, the treasurer shall immediately deposit the same in a local bank.

(d)

Length of retention. A bond or other security posted under this section shall be retained by the county for a period of not more than fifteen (15) days after the festival has terminated, subject to the provisions of subsection (e) below.

(e)

Claims. Any claim by or on behalf of any person against a bond or other security posted under this section shall be submitted to the county administrator in writing, on a form to be supplied by the county administrator, no later than twelve (12) days after the termination of the festival. The county administrator shall determine the validity of such claim, by court proceeding if necessary, and the amount to be paid out of the bond or other security and shall pay the same forthwith. In the event that the validity of any claim cannot be determined within the fifteen (15) day period described in subsection (d) above, an amount sufficient to pay all unpaid claims shall be retained by the county until such time as the amount to be paid is determined.

(f)

Allowance of real property bond. In the event that the applicant has conducted an outdoor musical or entertainment festival pursuant to this article for three (3) consecutive years immediately prior to the year in which application is made with no claims being made against applicant by the county or other persons pursuant to subsection (b) above as verified by the county administrator and the sheriff, the board of supervisors may allow the bond required by this section of the Code or some part thereof to be a real property bond posted by the applicant or his/her surety according to and on forms provided and approved by the county.

(Ord. of 3-16-81, § 11-8; Res. No. 17-03-93, 3-16-93)

(Ord. of 3-16-81, § 11-8; Res. No. 17-03-93, 3-16-93)