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Ordinance 99-3182 ORDINANCE NO. 99-3182 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18,ENTITLED "BUSINESSES," AMENDING ARTICLE VIII, ENTITLED "PARKING LOT," DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE ON PUBLIC PROPERTY, SECTION 337, ENTITLED, "EXEMPTIONS" ESTABLISHING CRITERIA AND APPROVAL PROCESS FOR THE USE OF A MOVING LANE OF TRAFFIC FOR EXPEDITIOUS PASSENGER LOADING/UNLOADING; PROVIDING FOR ON-CALL VALET RAMPS; ESTABLISHING REQUIREMENTS AND PROCEDURES FOR A VALET PARKING PERMIT FOR PROVIDING RESIDENTIAL VALET PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY WHEREAS, amendments to Miami Beach City Code Chapter 20, regulating in part the operation of valet parking services in the City of Miami Beach, were adopted on April 29, 1995, pursuant to Ordinance No. 95-2987; and WHEREAS, the Administration has identified the need to further amend the Ordinance, providing for exempted boundaries within the City, criteria, and approval process for the use of a moving lane of traffic for expeditious passenger loading/unloading; providing for on-call valet ramps; establishing requirements and procedures,for a valet parking permit for providing residential valet parking revisions to thc fcc schcdulc for thc rental of public on-street/curbside parking spaces, revisions to the violations finc schcdulc, and providing for an cmploycc/valct operator code of conduct; and WHEREAS,the Administration has held a two workshops with the Parking Department and valet and parking operators in the City of to develop amendments to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT SECTION-20.32 1 CHAPTER 243 18, OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESS LICENSES," "BUSINESSES" IS HEREBY AMENDED AS FOLLOWS: See7-24-327 ' : , ' : Article VIII; Division 2. 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 operators who 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 operator's activities connected with the handling of vehicles on public property. This policy must name the City as an additional insured. b) Garage keepers legal liability insurance to provide collision and 2 comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of$300,000 per location with a maximum Self-Insured Retention (SIR) or deductible of$1,000. c) 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. Any deviation from this requirement is subject to the City Risk Manager's approval. d) Valet operators must submit a certificate of insurance and a certified copy of their policies to the City's Risk Manager for determination that the insurance requirements of this Ordinance have been met. e) Each valet 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 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 spaces 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 3 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 operator hereby agrees to hold the City of Miami Beach, its officers, agents and employees harmless from and against all judgements, 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 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 in 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 operator shall provide a copy of its articles of incorporation. 3. Notarized written authorization on company letterhead from owners/operators of the City-licensed commercial establishments for which thevalet operator is providing parking services. 4. Valid valet parking occupational license from the City of Miami Beach. 5. Identification of the location of vehicle storage space, and proof in the form 4 of an executed lease or rental agreement, or notarized letter of authorization from the owner of the property, either of which shall include the number of spaces authorized for use by the valet operator, and term of the lease or agreement for storage space sufficient to service the establishment for which the permit will be issued. The storage space must meet all requirements pursuant to all applicable City of Miami Beach Codes and Ordinances. 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's Risk Manager and Occupational License Division. c. Cancellation and Revocation The City shall cancel and revoke the permit if the valet operator no longer services the commercial establishment which authorized its operation at that location. This cancellation and revocation may be effective whether the valet operator voluntarily discontinues service to the establishment, the establishment cancels and revokes authorization for the valet operator to service the location, or the Parking Department cancels and revokes authorization for the valet operator to service the location. Cancellation and revocation of the valet parking permit under this paragraph shall be effective immediately upon service of the notice of cancellation. The Parking Department shall inform in writing the commercial establishment being serviced by the valet operator, of any cancellation and revocation. Service of the notice of cancellation and revocation shall be by hand delivery or certified mail, 5 return receipt requested. 3. RENTAL AND OPERATION OF MUNICIPAL PARKING SPACES METERS • a. Rental of Public Spaces for Ramping The Parking Department shall rent to the valet operator public on-street/curbside 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. Ramping shall only be operated in the public on-street/curbside spaces provided by the Parking Department 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 fifteen(15)minutes. Ramping on public property shall not occur in any other location than the on- street/curbside spaces provided for ramping. 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 designation of the restricted valet parking area. At its sole discretion and judgement, the Parking Department shall provide to the valet operator sufficient ramping space in a close proximity to the establishment being serviced, if sufficient spaces are available. If there is not sufficient space available for rental in front of the establishment, the Parking Department shall lease spaces as close to the establishment as possible. Notwithstanding the above,ramping will not be allowed if the Parking Department determines, at its sole discretion, that it would be an unsafe activity at that location. 6 b. Rental Fees for Public On-Street/Curbside Spaces The Parking Department shall post in the offices of the Parking Department, the fee • for use of public on-street/curbside spaces. The fee for use of rented spaces shall be $6.00 per space/per day, seven (7) days per week, based on a twelve (12) hour period defined as the hours between 6:OOp.m to 6:00 a.m. use, and $10.00 per space/per day, seven (7) days per week based on twenty-four (24) hour use. Fees shall be paid bi-weekly,two-weeks in advance,commencing on the date the locations are rented to the valet operator by the Parking Department. All additions or changes to existing leased public on-street/curbside parking spaces for ramping, shall be paid upon request. All valet space lease requests shall be required in writing to the Parking Director or his/her designee, twenty-four (24) hours in advance, and received no later than 3:00 P.M. daily. Exceptions and lease cancellations not made within the prescribed period will be assessed a $20.00 processing fee. c. Number of spaces leased for ramping 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 sufficient public on-street/curbside spaces available for ramping, as determined in the sole discretion of the Parking Department. d. Subletting Leased public on-street/curbside spaces may not be sublet. 4. RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES Storage space required for the operation of a valet service must be provided in private 7 parking lots. All such facilities must meet all applicable Code and Ordinance requirements of the City of Miami Beach. The Parking Department may lease • additional valet spaces for the storage of vehicles for special events, special programs,residential functions,or at the request of the valet operator, if the proposed valet storage space does not take away from public parking demand in the area. The Parking Department shall post in the offices of the Parking Department, the fee for use of storage parking spaces. The fee for use of storage parking spaces shall be based on a twelve(12)hour period at a rate of$10.00 per space/per day. Fees shall be paid in full, twenty-four(24) hours in advance of the special event. 5. PRIVATE STORAGE OF VALET VEHICLES Valet operators shall store vehicles on private parking lots which are properly permitted and zoned as parking lots. The valet operator shall provide to the Parking Department a copy of the proper City of Miami Beach occupational license or certificate of use issued to the storage parking facility and satisfactory documentation from the parking facility owner or management company/agent authorizing the valet operator to use those facilities for the purpose of storing valet parked vehicles. 6. EMPLOYEES AND VALET OPERATORS CODE OF CONDUCT The valet parking operators shall require its employees and independent contractors to meet the following requirements: a. All employees who operate motor vehicles shall have a valid Florida Driver's License in good standing and shall abide by all City of Miami Beach and Miami-Dade County traffic regulations. 8 b. All employees shall be in similar uniform. c. All employees shall wear on their uniform, a name tag identifying the employee's name. d. All employees shall perform their duties in a courteous and professional manner. Valet operators shall submit to the Parking Department a list of all employees employed by the valet operator who are engaged in valet services on Miami Beach. Additions and deletions to the valet employee roster shall be reported monthly. The employee report shall be submitted to the attention of the Parking Director or his/her designee no later than the fifth day of each month. The employee list shall contain the name of the employee and the employee's valid Florida Driver's License number. A photocopy of each employee's Florida Driver's License shall be submitted for each employee on the roster. Failure to comply with this paragraph shall result in a fine of$25 per day to the valet operator. 7. OPERATION OF SERVICE a. Identification of Rented Spaces Rented spaces shall be so designated by the Parking Department as rented parking areas. The designation shall be by bagged meters and/or clearly marked signs indicating the parking restriction. b. Ramping 1. Ramping shall only be operated in the spaces provided for ramping. There shall be no storage of vehicles in the area used for ramping. Ramping on public property shall not occur in any other location than the public on- 9 street/curbside parking spaces provided for ramping.Ramping from a moving lane of traffic is strictly prohibited unless authorized by the City. 2. Valet operators may petition the Parking Department to utilize a moving lane of traffic for the expeditious loading or unloading of passengers. The expeditious loading or unloading of passengers is defined as taking possession and removal of the vehicle by either the valet operator or vehicle owner/operator within two (2) minutes of stopping and/or standing in the moving lane of traffic. The vehicle must be immediately moved to either the authorized ramping area and/or authorized storage area. A committee of three (3). comprised of two (2) department heads (Parking Director and Police Chief,or designees)and a designee of the City Manager shall evaluate, approve, and/or disapprove requests based on one or both of the following criteria: (a) On-street parking is not available within one hundred feet of the front door of the establishment to be serviced. (b) Volume of patrons utilizing valet parking service at an establishment creates a safety hazard for either vehicular and/or pedestrian traffic. Notes: (1)Requests for the use of a moving lane of traffic will not be accepted or considered within the following boundaries: North - Centerline of 17th Street. South- Centerline of 5th Street. West-Biscayne Bay. East - Atlantic Ocean. (2) Requests for the use of a moving lane of traffic must be resubmitted annually in conjunction with the occupational license renewal for 10 said location(s). All required criteria and approvals contained herein remain in effect.The committee reserves the right,on 24 hour notice,to revoke and/or suspend said approval. (3) The valet operator must provide the following: (a) Maintenance of Traffic Plan(must be approved by the Director of Planning and Zoning) and (b) Off-Duty Police -The Committee will evaluate and determine the need for off-duty police contingent upon the establishment's location, volume of service, and other existing conditions. c. On-Call (Hotel) Valet Ramps Valet operators may establish on-call valet ramps for establishments that require valet service intermittently. The following criteria must be adhered: 1. Valet operator must obtain an occupational license in order to provide On-call Valet Service. 2. Ramping - an existing passenger loading zone must be used for ramping purposes. The valet operator must provide written consent from the establishment (hotel) for the use of the passenger loading zone for this purpose. All regulations contained herein remain in effect and govern the use of ramp spaces. 3. The ramp(passenger loading zone)may be identified with signs. At no time shall signs be placed on the roadway, impeding vehicular and/or pedestrian traffic. All signs must be approved by the City Manager or his designee. The use of other traffic devices,including cones,and/or any other device is strictly prohibited. 11 4. The Valet Operator must post a current and valid Valet Parking Permit at the Hotel's Front Desk. e-.-d. Storage Storage of vehicles shall only be in private spaces or in leased municipal spaces as provided by the Parking Department. Other than the leased municipal spaces, there shall be no storage of vehicles on any municipal property whatsoever. Valet operators shall clearly identify the vehicles in their possession during the entire period that the car is in their possession. Such identification shall be made through a ticket stub affixed to the rear view mirror of the stored vehicle and shall state the name of the valet operator and identification of the ramp from which the vehicle was picked-up. Ramp identification shall be made by stating the name of the establishment which the ramp is servicing. Unauthorized storage of valet vehicles in municipal parking facilities, or at any public on-street/curbside parking spaces is strictly prohibited and shall result in the issuance of a valet violation to the valet operator in the amount of$250.00, per occurrence. 8. EXCEPTIONS a. Valet Service - Special Event Valet services operating for a special event may apply for a special event permit from the City's Director of Arts, Culture, and Entertainment Spccial Events Coordinator. Special event parking shall be restricted to any event occurring no more than twice per year and lasting no longer than three (3)days in length. The special event permit will allow the valet operator to request from the Parking Department, additional 12 ramping and/or storage space, if available, as long as it does not_reduce the number of parking spaces needed to serve the general public in the area of the request. b. Valet Service - Residential Valet service may be provided for non-commercial uses, including private functions in residentially zoned areas. Valet operators must meet the following criteria: (1) Valet Operator must obtain a Zero Street Address Occupational License through the Occupational Licensing Division/City of Miami Beach Finance Department. (2)Zero Street Address License is only permitted for use in areas zoned residentially. (3) Zero Street Address License may not be simultaneously used in multiple residential locations. (4) Valet operators must complete a Temporary Valet Parking Permit Form and submit this form to the Parking Department three (3) days prior to the scheduled event. Note: Temporary Valet Parking Permit Requests submitted within less than three(3) working days of a scheduled event will only be accepted for situations deemed as an emergency. An emergency is defined as a situation or occurrence of a serious nature, developing suddenly and unexpectedly within less than three (3)working days of the event and demanding immediate attention. The following requirements must be satisfied: 1. Ramping - Valet ramping may be provided either on private property at the location to be serviced or on public property. Ramping on public property shall not occur in any other location than the public on- street/curbside parking spaces provided for ramping. Ramping from a 13 moving lane of traffic is strictly prohibited unless authorized by the City. The ramping area shall be determined as stated in Section 3 {C} entitled, Number of spaces leased for ramping. 2. Storage - Storage of vehicles must be in compliance with Section 5, entitled. Private Storage of Valet Vehicles and/or Section 4, entitled, Rental of Additional Parking for Storage of Vehicles. Storage of vehicles on public right-of-way is strictly prohibited, unless authorized by the Parking Department. a. Storage on Public Right-of-Way - Valet operators may request the use of public right-of-way for storage under the following conditions: 1. Private or public storage (parking lot and/or garage) is not available within 2,500 feet of the location to be serviced. 2. All prohibited parking regulations (fire hydrants, crosswalks, etc.) are strictly enforced. 9. ENFORCEMENT, FINE SCHEDULE, AND RIGHT OF APPEAL a. Enforcement: The Parking Department shall enforce the provisions of this Ordinance. The Police Department and Code Enforcement Department shall also assist the Parking Department in the enforcement of the Valet Operators Code of Conduct, as set forth herein. This shall not preclude other law enforcement agencies or regulatory bodies from any action as necessary to assure compliance with this Ordinance and all applicable laws. If a parking enforcement specialist finds a violation of this Ordinance, the parking enforcement specialist shall issue 14 a Nnotice of Violation to the violator as provided in Chapter 9B of Ordinance No. 95-2987, as may be amended from time to time The Nnotice 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 Nnotice of violation and that failure to appeal the violation within the ten (10) days, shall constitute an admission of the violation and a waiver of the right to a hearing. b. The following civil fines shall be imposed for each violation: 1. Unauthorized/Illegal Ramping $150.00 per offense 2. Unauthorized/Illegal Storage $250.00 per offense 3. Operation without Valet Permit $50.00 per offense/per day 4. Penalty for Lapse in Required Insurance Coverage (from date of lapse) $150.00 per offense/per day 5. No Name Tag $25.00 per offense 6. No Uniform $25.00 per offense 7. No Valid Florida Driver's License $25.00 per offense, and immediate removal of the employee from the valet operation. 8. Non-compliance with Valet Employee list $25.00 per day 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: 15 a. Pay the civil fine in the manner indicated on the Nnotice; or b. Request an administrative hearing within ten (10) days of receipt of • the violation before a special master appointed by the City Commission upon recommendation of the City Manager, to appeal the decision of the Parking Department or other Department which resulted in the issuance of the Nnotice of Violation. 2. The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in Sections 20-43 and 20-44 of the Miami Beach City Code, and amendments thereto. 3. If filing an appeal to the Special Master, the valet operator must post a bond in the amount of the civil fine with the Clerk of the Special Master. If the valet operator is successful in his appeal, the bond shall be returned to the valet operator. If the valet operator is unsuccessful in his appeal, the Clerk of the Special Master shall turn the bond over to the Parking Department as payment of the civil fine. 4. 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 16 the violation and penalties may be assessed accordingly. 5. 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 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 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 judgement by the sheriffs of this State, including levy against the personal property,but shall not be deemed to be a court judgement except for enforcement purposes. After two(2)months from the filing of any such lien which remains unpaid,the City 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 an occupational license as set forth in the City Code when there are repeated violations of this Ordinance. 4. Additionally, The Parking Department, shall withhold issuance of any new valet permits and leased public on-street/curbside valet parking spaces, and suspend current valet permits until past due violations are paid in full. The Parking Department reserves the right to bring forward to the Special Master any party who has waived their right to appeal and has over three outstanding violations. 17 e. Valet Operator's Responsibility for Vehicles in their Possession • Valet 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 operator at the time such charge is incurred. This does not preclude the valet operator from also being cited by the Parking Department for violations of this section which resulted in the imposition of the fines and fee. 10. COMPLIANCE DATE All valet operators in the City shall comply with this Section by May 24, 1999. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. r SECTION 3. SEVERABILITY If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect on May 22 , 1999. 18 PASSED and ADOPTED this 12th day of May , 1999. Mayor rdbititi 190AXIAAA_ City Clerk F:\PING\$ALL\CRYSTAL\ON-ST\VALMAY99.REV Rev.4/30/99 1st reading 4/14/99 APPROVED AS TO 2nd reading 5/12/99 FORM& LANGUAGE & FOR EXF, UTION CityAttorney Dote 19 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO..339 TO: Mayor Neisen O. Kasdin a'd DATE: May 12, 1999 Members of the City Co; fission • FROM: Sergio Rodriguez City Manager /1 SUBJECT: AN ORDI • CE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18, ENTITLED "BUSINESSES," AMENDING ARTICLE VIII, ENTITLED "PARKING LOT," DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE ON PUBLIC PROPERTY, SECTION 337, ENTITLED, "EXEMPTIONS" ESTABLISHING CRITERIA AND APPROVAL PROCESS FOR THE USE OF A MOVING LANE OF TRAFFIC FOR EXPEDITIOUS PASSENGER LOADING/UNLOADING; PROVIDING FOR ON-CALL VALET RAMPS; ESTABLISHING REQUIREMENTS AND PROCEDURES FOR A VALET PARKING PERMIT FOR PROVIDING RESIDENTIAL VALET PARKING; AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance. BACKGROUND: On July 28, 1994,the Mayor and City Commission amended Miami Beach City Code Chapter 20, entitled "Business Licenses" amending Section 20-32, entitled "Parking Lot; Exemptions; Valet Parking"by ratifying and establishing the Valet Parking Ordinance (CMB Ordinance No. 94-2935). The primary goal of the Ordinance was to establish regulatory guidelines for valet parking operators utilizing public right-of-way. Residents and business operators on Ocean Drive, Washington Avenue, and in other areas of the city expressed their concern over private valet parking operations which use municipal parking spaces and public streets for operation of their service. The regulatory requirements included the provision of a business license, insurance requirements, storage spaces, ramping spaces (drop-off and pick-up), rental fees, enforcement, fine structure, appellate process (Special Master), etc. On April 19, 1995, the Mayor and City Commission revised the Valet Parking Ordinance (CMB Ordinance No. 95-2987) in a continual effort to meet the evolving needs and circumstances surrounding valet parking operations utilizing public right-of-way. These revisions included strengthening several provisions in the Ordinance including: insurance requirements, identification AGENDA ITEM 405 DATE 5-12 -9 1 • of storage spaces,limitation of the number of curbside spaces used for ramping,and the use of public parking spaces for valet parking storage at municipal parking facilities. Subsequently,on July 1, 1998,the Mayor and City Commission revised the Valet Parking Ordinance • (CMB Ordinance No. 98-3123)providing for new insurance requirements, identification and proof of sufficient vehicle storage,providing a copy of the business license for the storage space,providing for identification of the stored vehicles through a ticket stub, providing for revisions to the public on-street/curbside parking space rental rates, and revisions to the violation fine schedule. At the January 6, 1999, Commission Meeting, the Mayor and Commission deferred the current amendment to the Transportation and Parking Committee for their review and approval. On January 8, 1999, a publicly noticed workshop was held with valet operators in order to address their concerns and receive input, other members of the community were also present including, Co-Chairperson of the Transportation and Parking Committee, Elayne Weisburd. The proposed amendments were discussed and the valet operators provided valuable input. As a follow-up to the workshop and to further discuss the ramping from a moving lane of traffic issue, the Parking, Police, and Public Works Departments met to review the matter. The results of that meeting have been incorporated in the proposed amendments and have been deemed acceptable by the valet operators. At the April 14, 1999, Commission Meeting, the Mayor and Commission approved the recommended amendments, with the following stipulations to be included: (1) establishment of a renewal period for the use of a moving lane of traffic; (2)the committee of three, comprised of two (2)department heads and a designee of the City Manager,reserve the right to revoke the moving lane of traffic permit, at any time, should existing conditions materially change; and (3) a provision for acceptance of emergency requests for valet parking-residential. The aforementioned amendments are incorporated in the Ordinance. Subsequently, at the April 28, 1999, Commission Meeting,the Mayor and Commission directed the Administration to further amend the Ordinance with the following revisions regarding On-Call Valet (Hotel)Ramps: (1)the ramp(passenger loading zone) may be identified with signs; however, at no time, shall signs be placed on the roadway, impeding vehicular and/or pedestrian traffic. All signs must be approved by the City Manager or his designee. The use of other traffic devices, including cones, and/or any other device is strictly prohibited. (2) There will be no monthly fee for the use of the ramp (passenger loading zone) until such time as the City has regulated valet operators on the west side of Ocean Drive from 5th to 15th Street. Furthermore,the Mayor and Commission directed the Administration to amend the Business License Section of the City Code and establish a master occupational license for valet parking under which sub-licenses may be issued for each individual locations. A master occupational license and sub- license fee is to be established; however, all existing requirements, including insurance, indemnity, and parking lot storage requirements, etc. will remain in effect. 406 • ANALYSIS: The implementation and enforcement of the Valet Ordinance has resulted in significant improvements in valet operations on the public right-of-way. These improvements include: (1) a reduction in vehicular traffic congestion,particularly during peak times (nights and weekends); (2) increased levels of service to the parking public; and (3) the assumption of responsibility and liability by valet parking operators in the form of increased insurance requirements and City operational guidelines. Notwithstanding this progress, the Transportation and Parking Committee has reviewed and endorsed the proposed amendments to the Ordinance. The Administration identified the following three (3) areas needing revisions: Criteria and Review Process for the Use of a Moving Lane of Traffic for Expeditious Passenger Loading/Unloading: Valet operators may petition the Parking Department to utilize a moving lane of traffic for the expeditious loading or unloading of passengers. The expeditious loading or unloading of passengers is defined as taking possession and removal of the vehicle by either the valet operator or vehicle owner/operator within two (2) minutes of stopping and/or standing in the moving lane of traffic. The vehicle must be immediately moved to either the authorized ramping area and/or authorized storage area. A committee of three(3)members, comprised of two (2) department heads (Parking Director and Police Chief or designees) and a designee of the City Manager shall evaluate, approve, and/or disapprove requests based on one or both of the following criteria: (a) On-street parking is not available within one hundred feet of the front door of the establishment to be serviced. (b) Volume of patrons utilizing valet parking service at an establishment creates a safety hazard for either vehicular and/or pedestrian traffic. Also, the valet operator must provide the following: (1) Maintenance of Traffic Plan (must be approved by the Director of Planning and Zoning); (2) Off-Duty Police -The Committee will evaluate and determine the need for off-duty police contingent upon the establishment's location, volume of service, and other existing conditions. Notes: Requests for the use of a moving lane of traffic will not be accepted within the following boundaries: North - Centerline of 17th Street, South - Centerline of 5th Street,West- Biscayne Bay, East-Atlantic Ocean. Requests for the use of a moving lane of traffic must be resubmitted annually in conjunction with the occupational license renewal for said location(s). All required criteria and approvals contained herein remain in effect. The committee reserves the right to revoke said approval, at any time, should conditions at the location materially change. 407 On-Call (Hotel) Valet Ramps: Valet operators may establish on-call valet ramps for establishments that require valet service intermittently. The following criteria must be adhered: 1. Valet operator must possess a master occupational license and acquire a sub-license per location, in order to provide on-call valet service. 2. Ramping - an existing passenger loading zone must be used for ramping purposes. The valet operator must provide written consent from the establishment (hotel) for the use of the passenger loading zone for this purpose. All regulations contained herein remain in effect and govern the use of ramp spaces. 3. The ramp (passenger loading zone) may be identified with signs. At no time, shall signs be placed on the roadway, impeding vehicular and/or pedestrian traffic. All signs must be approved by the City Manager or his designee. The use of other traffic devices, including cones, and/or any other device is strictly prohibited. 4. The Valet Operator must post a current and valid Valet Parking Permit at the Hotel's Front Desk. Valet Service- Residential Valet service may be provided for non-commercial uses, including private functions in residentially zoned areas. Valet operators must meet the following criteria: a. Valet Operator must obtain a Zero Street Address Occupational License through the Occupational Licensing Division/City of Miami Beach Finance Department. b. Zero Street Address License is only permitted for use in areas zoned residential. c. Zero Street Address License may not be simultaneously used in multiple residential locations. The Zero Street Address Occupational License only allows operations at one location per day. d. Valet operators must complete a Temporary Valet Parking Permit Form and submit this form to the Parking Department three(3) days prior to the scheduled event. The following requirements must be satisfied: Note: Temporary Valet Parking Permit Requests submitted within less than three (3) days of a scheduled event will only be accepted for situations deemed as an emergency. An emergency is defined as a situation or occurrence of a serious nature,developing suddenly and unexpectedly within less than three(3) days of the event,and demanding immediate attention. 1. Ramping -Valet ramping may be provided either on private property at the location to be serviced, or on public property. Ramping on public property shall not occur in any other location than the public on-street/curbside 408 parking spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited unless authorized by the City. The ramping area shall be determined as stated in Section 3{C} entitled, "Number of Spaces Leased for • Ramping." 2. Storage - Storage of vehicles must be in compliance with Section 5, entitled, "Private Storage of Valet Vehicles" and/or Section 4, entitled, "Rental of Additional Parking for Storage of Vehicles". Storage of vehicles on public right-of-way is strictly prohibited, unless authorized by the Parking Department. Valet operators may request the use of public right-of-way for storage under the following conditions: 1. Private or public storage(parking lot and/or garage)is not available within 2,500 feet of the location to be serviced. 2. All prohibited parking regulations (fire hydrants, crosswalks, etc.) are strictly enforced. CONCLUSION: The Police, Parking, and Public Works Departments have established criteria to enhance valet parking services while ensuring public safety. Furthermore, the Transportation and Parking Committee has reviewed and endorsed the recommended amendments. At the April 14, 1999, Commission Meeting, the Mayor and Commission approved the recommended amendments, including three (3) further amendments now incorporated in the Ordinance; therefore,the Administration recommends that the Mayor and Commission approve the aforementioned amendments to the valet parking ordinance in order to establish requirements, criteria and approval processes for use of a moving lane, on-call valet service, and valet service for residential functions. SRALL Y F:\PING\',:LL\CR i STAL\oN-ST\VALMAY99.CMEF:\PING\$ALL\CRYSTAL\oN-ST\VALMAY99.CME 409 o o U 'v •0 • Wa, . c _c k. W _ c "Ti •o �0 bO Qp a? W a o 04I:� ' Z bA .a' � =' �. T o , °' QC9 gw0o o = — Acd a a Ocd to •' O vDrA o a, M '� d U mow.