Ordinance 94-2935 ORDINANCE NO. 94-2935
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE •
CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES", AMENDING
SECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS,
APPLICABILITY; VALET PARKING" BY PROVIDING FOR LEASE OF
PARKING SPACES ON PUBLIC PROPERTY TO VALET PARKING
OPERATIONS AND ESTABLISHING RENTAL FEES; REQUIRING VALET
PARKING OPERATIONS WHICH UTILIZE SPACES ON PUBLIC
PROPERTY TO OBTAIN A PERMIT FOR EACH LOCATION UTILIZED;
ESTABLISHING STANDARDS FOR THE OPERATION OF VALET
SERVICE ON CITY PROPERTY, AND REQUIRING VALET PARKING
OPERATIONS WHICH LEASE PUBLIC PARKING SPACES TO ADHERE
TO RULES AND REQUIREMENTS; PROVIDING FOR ENFORCEMENT
OF PENALTIES FOR VIOLATORS; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, residents and business operators on Ocean Drive, Washington Drive, and in
other areas of the City of Miami Beach have expressed their concern over private valet parking
operations which use city parking spaces and public streets for operation of their service; and,
WHEREAS,the unregulated operation of these valet parking operations disrupts the traffic
flow through city streets,threatens the safety of pedestrians and other vehicular traffic, and creates
visual confusion; and,
WHEREAS, in order to improve the aesthetics and safety in our City, it is necessary to
regulate the valet parking operations use of city parking spaces and public streets by confining their
operation to specified ramping and storage areas and requiring the valet parking operation to meet
strict business regulations concerning their use of the public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. AMENDMENT OF SECTION 20-32.
That Section 20-32, of Chapter 20, entitled "Business Licenses" of the Miami Beach City
Code is hereby amended as follows:
Sec. 20-32. Parking Lot; Exemptions; Valet Parking.
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F. VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY
1. SEPARATE PERMIT REQUIRED
The City of Miami Beach shall issue valet parking permits to valet parking operators which
conduct their operations on public property. No valet parking shall occur on public property without
the operator securing a valet parking permit from the City's Parking Department. A separate permit
is required for each location where valet parking services are provided.
Valet parking permits shall only be issued to operators who are licensed by the City of Miami
Beach pursuant to this chapter.
2. PERMITS
a. REQUIREMENTS -No valet parking permit shall be issued without the proof of the
following:
1. Approval from the City's Risk Manager indicating that the valet parking
operation has met the following insurance requirements:
a) Commercial general liability or garage liability insurance in the
amount of$1,000,000 per occurrence and per location covering bodily injury
and property damage resulting from the valet parking operator's activities
connected with the handling of vehicles on public property. This policy must
name the City as an additional insured.
Garagekeepers legal liability insurance to provide collision and
comprehensive coverage for vehicles under control of the valet parking
operation with minimum limits of$250,000 per location with a maximum
deductible of$1,000 and$50,000 per vehicle.
All required insurance policies are to be issued by companies rated
B+VI or better per Best's Rating Guide, latest edition and must provide the
City with 30 days written notice of cancellation.
Valet parking operators which have a valet parking occupational
license at the effective date of this ordinance shall be allowed to continue
their existing insurance coverage until the expiration date of the existing
policy or until October 1, 1995, whichever shall occur first, at which time
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they shall comply with the insurance requirements in this section. New
licensees applying for valet parking permits shall comply with these
insurance requirements prior to issuance of a permit.
Each valet parking operator applying for a permit for use of public
property shall execute an agreement approved by; the City Attorney's Office
providing for the valet parking operator to indemnify, hold harmless and
defend the City, its officers, agents and employees against and assume all
liability for any and all claims, suits, actions, damages, liabilities,
expenditures, or causes of actions of any kind arising from its use of the
public streets or public parking lots for the purposes authorized in this
Section and resulting or accruing from any alleged negligence, act, omission
or error of the valet parking operation, its agents or employees and/or arising
from the failure of the valet parking operation, its agents or employees to
comply with each and every requirement of this Section or with any other
City or County ordinance or State or Federal law or regulation applicable to
the valet parking operation resulting in or relating to bodily injury, loss of life
or limb or damage to property sustained by any person, firm, corporation or
other business entity. The valet parking operator hereby agrees to save the
City of Miami Beach, its officers, agents and employees harmless from and
against all judgments, orders, decrees, attorney's fees, costs, expenses and
liabilities incurred in and about any such claim, investigation or defense
thereof, which may be entered, incurred or assessed as a result of the
foregoing. The valet parking operator shall defend, at its sole cost and
expense any legal action,claim or proceeding instituted by any person against
the City of Miami Beach,its officers, agents and employees as a result of any
claim, suit or cause of action accruing from activities authorized by this
Section, for injuries to body, limb or property as set forth above.
2. If incorporated, the valet parking service shall provide a copy of its articles
of incorporation.
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1 Written authorization from the owner/operator of the City-licensed
commercial establishment for which the valet parking operator is providing parking
services.
4. Valid valet parking occupational license from the City of Miami Beach.
b. TERM AND RENEWAL
1. The term of each permit shall be for one year.
2. Renewal shall be on an annual basis and shall only be granted after approval
from the City of Miami Beach Risk Manager.
c. CANCELLATION
The City shall cancel the permit if the valet company no longer services the
commercial establishment which authorized its operation at that location. This
cancellation may be effective whether the valet company voluntarily discontinues
service to the establishment or the establishment revokes authorization for the valet
company to service the location. Cancellation of the valet parking permit under this
sub-paragraph shall be effective immediately upon service of the notice of
cancellation. Service of the notice of cancellation shall be by hand delivery or
certified mail, return receipt requested.
3. RENTAL OF PARKING SPACES WITH METERS
a. RENTAL OF PUBLIC SPACES FOR RAMPING
The City of Miami Beach Parking Department shall rent to valet parking services on-
street metered parking spaces which shall be used only for the ramping of vehicles.
Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn
it over to or retrieve it from valet employees.
The City's Parking Department shall provide to the valet operator a minimum of 40
feet of ramping space in front of the establishment being serviced if sufficient spaces are
available. If there is not a minimum of 40 feet available for rental in front of the
establishment, the Parking Department shall lease spaces as close to the establishment as
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possible. Notwithstanding the above,ramping will not be allowed if the Parking Department
determines that it would be an unsafe activity at that location.
Leased spaces shall not be blocked by any type of sign, structure or other type of
object. Leased spaces shall not be cordoned off by any type of signage,rope or barrier of any
kind, except that signage provided by the City indicating the existance of valet parking at a
particular location may be displayed.
b. FEE FOR METERS
The fee for use of metered spaces on Friday, Saturday,and Sunday shall be $6.00 per
space per 12 hour period. The fee for use of metered spaces Monday through Thursday shall
be $4.00 per space per 12 hour period. The 12 hour period shall be defined as the hours
between 6:00 p.m. and 6:00 a.m. Fees shall be paid bi-weekly, two weeks in advance
beginning with the date the permit is issued.
c. NUMBER OF SPACES
The amount of ramping spaces available to the valet operator shall be determined
by the frontage of the establishment being serviced provided that there is a minimum of 40
feet of metered spaces available for ramping.
d. SUBLETTING
Leased spaces may not be sublet without the prior written consent of the City of
Miami Beach Parking Department.
4. RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES
The Parking Department may lease additional spaces for the storage of vehicles upon a first
come - first serve basis. The fee for use of storage parking spaces on Friday, Saturday and
Sunday shall be $6.00 per space per 12 hour period. The fee for use of storage parking
spaces Monday through Thursday shall be $4.00 per space per 12 hour period. The 12 hour
period shall be defined as the hours between 6:00 p.m. and 6:00 a.m. Fees shall be paid bi-
weekly, two weeks in advance beginning with the date the permit is issued.
5. Valet services may store vehicles on private lots which are properly permitted and zoned as
parking areas. The valet service shall provide to the Parking Department documentation
from the parking facility owner or management authorizing the valet operator to use those
facilities.
6. EMPLOYEES
The valet parking service shall require employees and independent contractors of the valet
parking service to meet the following requirements:
a. All employees which operate motor vehicles shall have a valid Florida Driver's
License and shall follow all traffic regulations.
b. All employees shall display a name tag identifying the valet company and the
individual's name.
c. All employees shall be in similar uniform.
6. OPERATION OF SERVICE
a. IDENTIFICATION OF RENTED SPACES
Rented spaces shall be designated by the Parking Department as rented parking areas.
The designation shall be by clearly marked signs indicating the time of rental and penalties
for violators.
b. RAMPING
Ramping shall only be operated in the spaces provided for ramping. There shall be
no storage of vehicles in the area used for ramping. A vehicle will be considered stored if
it remains in the ramping area for more than 15 minutes. Ramping on public property shall
not occur in any other location than in the on-street area provided for ramping.
c. STORAGE
Storage of vehicles shall be in private spaces or in leased municipal spaces as
provided by the Parking Department. There shall be no storage of vehicles in unauthorized
locations including,but not limited to,loading zones, bus stops, handicapped spaces and fire
lanes. Valet parking operators shall clearly identify the vehicles in their possession during
the entire period that the car is in their possession. Such identification shall be easily visible
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and shall state the name of the valet parking operator.
7. EXCEPTIONS
Valet services operating for a special event may apply for a special event permit. A special
event is any event occurring no more often than twice per year and lasting no longer than 10 days
in length. The special event license will allow entitled the valet parking operator to additional
ramping and/or storage space, if available.
8. ENFORCEMENT
a. The City of Miami Beach Parking Department shall enforce the provisions of this
ordinance. This does not preclude other law enforcement agencies from any action as
necessary to assure compliance with all applicable laws. If a parking inspector finds a
violation of this ordinance, the inspector shall issue a notice of violation to the violator as
provided in Chapter 9B of the City Code. The notice shall inform the violator of the nature
of the violation, amount of fine for which the violator may be liable, instructions and due
date for paying the fine, notice that the violation may be appealed by requesting an
administrative hearing within ten (10) days after service of the notice of violation, and that
failure to do so shall constitute an admission of the violations and waiver of the right to a
hearing.
b. Violations shall be issued as follows:
The following civil fines shall be imposed for each violation of this article:
1. Fines
First offense $50
b). Second offense $250
(within one year of the first offense)
Third offense $500
(within one year of the first offense)
d. Fourth offense and all subsequent offenses $500
(the city may also revoke the valet parking permit pursuant to the
procedures set forth in Sections 20-43 and 20-44 herein. For six (6)
months after the effective date of this ordinance, the City shall not
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seek revocation of a valet permit for violations of this ordinance).
2. Definition of"offense"
"Offense" shall mean either an uncontested notice of violation issued by a
parking enforcement specialist/code officer or a finding of violation by a Special
Master.
c. Rights of violators: payment of fine: right to appeal: failure to pay civil fine, or to
appeal.
1. A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice: or
b. Request an administrative hearing before a special master appointed
by the City Commission upon recommendation of the City Manager to
appeal the decision of the Parking Department which resulted the issuance of
the notice of violation.
2. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in section 20-43 and 20-44 of the Miami Beach City Code, and
amendments thereto.
3. If the named violator after notice fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master shall be
informed of such failure by report from the parking department. Failure of the
named violator to appeal the decision of the parking department within the prescribed
time period shall constitute a waiver of the violator's right to administrative hearing
before the special master. A waiver of the right to an administrative hearing shall be
treated as an admission of the violation and penalties may be assessed accordingly.
4. Any party aggrieved by the decision of a special master may appeal that
decision to a court of competent jurisdiction.
d. Recovery of unpaid fines
1. The City of Miami Beach may institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
2. A certified copy of an order imposing a civil fine may be recorded in the
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public records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the personal property,
but shall not be deemed to be a court judgment except for enforcement purposes.
After two (2)months from the filing of any such lien which remains unpaid, the City
of Miami Beach may foreclose or otherwise execute upon the lien.
3. As an additional means of enforcement, the City may seek injunctive relief
and/or follow procedures to revoke and occupational license as set forth in the City
Code when there are repeated violations of this ordinance.
e. Valet parking operators shall pay all fines and fees,including towing charges, arising
in connection with a patron's vehicle which is in the possession of the valet parking operator
at the time such charge is incurred. This does not preclude the valet parking operator from
also being cited by the Parking Department for violations of this section which resulted in
the imposition of the fines and fee.
9. COMPLIANCE DATE
All valet parking operators in the City of Miami Beach shall comply with this Section by
September 1, 1994.
10. REVIEW
The Miami Beach City Commission shall review this ordinance at the next commission
meeting after November 1, 1994.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, subsection or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
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SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 7th day of August , 1994.
PASSED and ADOPTED this 28th day of July 1994.
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