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Buckhannon council approves first reading of ordinance requiring event liability insurance; public commenters ask for waivers
Summary
On Aug. 15 the Buckhannon City Council approved the first reading of Ordinance No. 470, which would require organizers of events on city property to secure liability insurance naming the City as an additional insured; several public commenters asked the Council to exempt small community events such as the Really Really Free Market.
Buckhannon City Council approved the first reading of Ordinance No. 470 on Aug. 15, a measure that would require organizers of events held on city property to secure event liability insurance from a carrier authorized to do business in West Virginia and to name the City of Buckhannon as an additional insured. City Attorney Tom O'Neill read the ordinance by title and summarized its provisions, and the Council voted to advance the measure to second reading on Sept. 5, 2024.
Why it matters: The ordinance would formalize an existing practice of requiring event insurance for public gatherings at city facilities, including parks and the Stockert Youth & Community Center, and sets an effective date of 30 days after second reading (listed in the ordinance as Oct. 5, 2024). The Director of Finance is authorized to approve the amount of coverage and to waive the requirement in limited circumstances described in the ordinance.
What the ordinance says: The ordinance requires an event organizer to secure event liability insurance in an amount determined by the City (through the Director of Finance or designee), to tender a Certificate of Insurance on demand, and to name the City as an additional insured. Article II includes exemptions the Director of Finance may grant: events run by city entities or other political subdivisions, events run by state or federal agencies, and private invitation-only events, although the Director of Finance may deny a waiver where a private event presents sufficient risk (for example, where alcohol is served).
Public comment and debate: Three people who had signed in for public comment addressed the Council during the meeting. Joe Carrico of the Upshur County Firefighters Association requested a meeting with the City and other stakeholders to discuss alternatives to a possible First-Due Fire Fee. Abigail Wiernik and Heather Schneider asked the Council to consider a formal waiver for small community events, naming the Really Really Free Market as an example; Schneider presented a draft waiver for Council consideration. Ava George spoke in opposition to the ordinance as written, urging exemptions for community-driven events.
Council response and next steps: Mayor Robbie Skinner explained why the ordinance was being considered and said event insurance naming the City is already a condition for use of certain city facilities. After discussion that referenced prior Consolidated Public Works Board meetings (which included the City’s insurance representative and the City Attorney), Councilmembers Sanders and Reger moved to approve Ordinance No. 470 on first reading; the motion carried. The ordinance lists Sept. 5, 2024, for second reading and passage and sets Oct. 5, 2024, as the ordinance's effective date (30 days after second reading).
