Waiver of Insurance Requirements
San Diego Municipal Code § 22.4020
in effect§22.4020 Waiver of Insurance Requirements
(a) Except for Special Events where the sale of alcoholic beverages is authorized or for traffic control permits issued in conjunction with a Special Event pursuant to Section 81.03 of this Code, the insurance requirements of Section 22.4019 may be waived by the City Manager. In making the determination of whether to waive insurance, the City Manager shall consider the factors provided in Sections 22.4020(a)(1)—(6).
(1) whether the Special Event is Expressive Activity protected by the First Amendment;
(2) whether the applicant or an officer of the sponsoring organization of a non–athletic Event has filed a verified statement that he or she believes the Event’s purpose if First Amendment expression;
(3) whether the applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression;
(4) whether it is objectively impossible to obtain insurance coverage;
(5) whether the Event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics; or,
(6) whether a fee or donation is charged or required as a condition of admission or participation in the Event.
(b) The statement required by Section 22.4020(a)(3) shall include the name and address of one (1) insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.
(c) To claim that it is objectively impossible to obtain insurance coverage pursuant to Section 22.0420(a)(4), the applicant shall submit a statement from at least two (2) independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.
(d) Even though insurance is waived, the City Manager may require the Event Organizer of a Special Event to defend, indemnify and hold harmless the City from any claim or liability arising from the Event.
(“Waiver of Insurance Requirements” added 11–18–1997 by O–18439 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division40.pdf#page=15Fetched: 10/28/2026