2015-3963 Ordinance ORDINANCE NO. 2015-3963
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI
BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING
ARTICLE VIII, ENTITLED "PARKING LOT," BY AMENDING DIVISION I,
ENTITLED "GENERALLY," BY AMENDING SECTION 18-310, ENTITLED,
"REQUIREMENTS FOR ISSUANCE OF LICENSE," BY REQUIRING A
NOTARIZED LETTER BEFORE ISSUANCE OF VALET PARKING
LICENSE; BY DELETING SECTION 18-311, ENTITLED, "EMPLOYERS
AND VALET OPERATORS CODE OF CONDUCT," AND CREATING A
NEW SECTION 18-311, ENTITLED "OPERATION OF SERVICE," BY
REMOVING LANGUAGE THAT ALLOWED THE LEASING OF MUNICIPAL
SPACES; BY REMOVING SECTION 18-312, ENTITLED, "OPERATION OF
SERVICE;" BY DELETING SECTION 18-313, ENTITLED, "SPECIAL
EVENT PERMIT;" BY DELETING SECTION 18-314, ENTITLED,
"ENFORCEMENT, FINE SCHEDULE, AND RIGHT OF APPEAL;" BY
DELETING SECTION 18-315, ENTITLED, "COMPLIANCE DATE;" BY
AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR
USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18-336,
ENTITLED, "SEPARATE PERMIT REQUIRED," AUTHORIZING
CONSOLIDATION OF VALET PARKING RAMPS AND IDENTIFYING THE
TYPES OF USES FOR SPACE RENTAL VALET PARKING; BY
AMENDING SECTION 18-337, ENTITLED, "REQUIREMENTS," WHICH
ESTABLISHES SUBMISSION STANDARDS FOR A VALET PARKING
OPERATIONAL PLAN; BY DELETING SECTION 18-339, ENTITLED,
"CANCELLATION AND REVOCATION;" AND CREATING A NEW
SECTION 18-339, ENTITLED, "PRIVATE STORAGE OF VALET
VEHICLES," WHICH REQUIRES THE PARKING DIRECTOR TO CONFIRM
SUFFICIENT RENTAL STORAGE CAPACITY; BY CREATING A NEW
SECTION 18-340, ENTITLED, "EMPLOYEES AND VALET OPERATORS
CODE OF CONDUCT" THAT ESTABLISHES THE CODE OF CONDUCT
STANDARDS FOR VALET OPERATORS AND THEIR EMPLOYEES; BY
CREATING A NEW SECTION 18-341, ENTITLED, "OPERATION OF
SERVICE," WHICH REQUIRES THE IDENTIFICATION OF RENTED
SPACES, RAMPING, ON-CALL VALET RAMPS, STORAGE AND VALET
PARKING STREET FURNITURE; BY CREATING A NEW SECTION 18-
342, ENTITLED, "EXCEPTIONS," THAT PERMITS VALET SERVICE IN
RESIDENTIAL ZONED AREAS; BY CREATING A NEW SECTION 18-343,
ENTITLED, "PENALTIES AND ENFORCEMENT, FINE SCHEDULE, RIGHT
OF APPEAL," AND FURTHER AMENDING DIVISION 3, ENTITLED,
"RENTALS," BY AMENDING SECTION 18-361, ENTITLED, "RENTAL
AND OPERATION OF MUNICIPAL PARKING SPACES," WHICH
MODIFIES THE PERMISSIBLE..OPERATIONS OF PUBLIC SPACES FOR
RAMPING; AND THE DELETION OF SECTION 18-362, ENTITLED,
"RENT-AL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES,"
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 95-2987, regulating the operation of valet parking services in
the City, was adopted on April 29, 1995; and
WHEREAS, the City has made amendments on May 12, 1999, pursuant to Ordinance
No. 99-3182, establishing requirements for the utilization of a moving lane of traffic, and created
residential valet parking requirements and an on-call valet program; and
WHEREAS, the City made amendments on July 2, 2003, pursuant to Ordinance No.
2003-3418, establishing requirements for training of valet parking employees, and expanded
ramping opportunities under certain circumstances throughout the City; and
WHEREAS, at its regular meeting on March 11, 2015, the Mayor and City Commission
discussed Item R9S; the item was referred to the Finance and Citywide Projects Committee
(FCWPC) and Neighborhoods and Community Affairs Committee (NCAC); and
WHEREAS, the Administration has provided recommendations that address valet
parking activities on public right-of-ways, with an emphasis on reducing traffic congestion,
strengthening regulatory and enforcement powers, and promoting a competitive environment in
the valet parking industry; and
WHEREAS, the consolidation of multiple valet parking ramps to one (1) valet parking
ramp within a street block, consisting of no less than two (2) and no more than four (4) parking
spaces, will alleviate traffic congestion and increase parking availability; and
WHEREAS, the City has determined that the consolidation of valet parking ramp is
essential to promote the health, safety and welfare of the motoring public; and
WHEREAS, the Finance and Citywide Projects Committee and Neighborhoods and
Community Affairs Committee accepted the recommendations of the Administration on May 20,
2015, and May 29, 2015; and
WHEREAS, the Mayor and City Commission held a first reading of the proposed
Ordinance amendment on July 8, 2015, and directed that there be further amendments to the
proposed ordinance for the second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article VIII of Division 1 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
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CHAPTER 18
BUSINESSES
ARTICLE VIII. Parking Lot
* * *
DIVISION 1. Generally
* * *
Sec. 18-306. License required.
Except as provided in this article, any location with parking attendants and/or valet parking
shall have a license as a parking lot and shall meet other prescribed criteria listed in this
section.
Sec. 18-307. Exemptions.
The following shall be exempt from the parking lot license requirement in section 102-357:
(1) Garages and other places where motor vehicles are stored for hire within a building
and for which a license has been obtained under another provision of this article.
(2) Off-street parking spaces required under the city's zoning ordinance for multiple-family
uses.
Sec. 18-308. Removal of parked vehicles.
It shall be unlawful for any owner, operator or employee of any licensed parking lot to move
any parked motor vehicle from the parking lot to any public street, parking area or any other
public or private property without the consent of the owner, the owner's agent, or the chief of
police, unless specifically authorized to do so by law.
Sec. 18-309. Signs to be posted.
Operators of licensed parking lots shall place and maintain at each vehicle entrance printed
signs conspicuously disclosing the price or fee charged for the parking of motor vehicles
thereon, and indicating, in two-inch red letters, the city license number issued to the owner or
operator.
Sec. 18-310. Requirements for issuance of license.
No license for the operation of a valet parking service shall be issued except upon:
(1) Submission of proof, in the form of an original certificate of insurance evidencing that
the erators owner or operator of the service maintains in full force during the
license year the following coverages:
a. Garage liability, in the minimum amount of$300,000.00 per occurrence.
b. Garagekeepers legal liability, in the amount of $300,000.00, with a deductible not
to exceed $1,000.00, per loss and maximum limit per vehicle of at least
$50,000.00.
c. Renewal certificates must be submitted and approved by the city's risk manager
annually.
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(2) A notarized letter of permission from the owner, lessee or operator of the business
from which the valet service is operating must be submitted prior to the city's issuance
of a valet parking license.
The valet parking operators shall require its employees and independent contractors to
1 .. . . -_ •- ..- - ••- . . - .- . - I -. •-
(2) All employees shall be in similar uniform.
(3) All employees shall wear on their uniform, a name tag identifying employee's name.•
• - - -e - •• --.• - - -- • - e- 1 1 ••• E.!-- --. 1 --• •.- .. e- - •e-_
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•0 - 0 . A --- 0_00 • - '- -- --- - 0 --- - 0_ - _ •_-- - --_ e-
•-- _.99 e- - - .-
Sec. 18-3112. Operation of service.
(a) Identification of rented spaces. Rented spaces shall be so designated by the city's parking
department as rented parking areas. The designation shall be by
clearly marked signs indicating the parking restriction.
(b) Ramping. Ramping shall only be operated in no less than two (2), and no more than four
(4), the spaces provided for ramping, The Parking Director shall have the final authority to
determine the number of ramping area spaces. There shall be no storage of vehicles in the
area used for ramping. Ramping on public property shall not occur in any other location
other than the public on-street/curbside parking spaces provided for ramping. Ramping
from a moving lane of traffic is strictly prohibited. The City Manager must approve the
assignment or transfer of a ramp a, rea., and the assignment or transfer will be deemed valid
approved upon written authorization by the City Manager setting forth the assignment or
transfer with any modification or limitations if. any. to the ram•in• area.
c Stora•e. The Sstora•a of vehicles shall onl be in •rivate s'aces. = - -- -- •• _-'_'
•.-. - ._ - •-- .-- - .•-. . -- - .. -• ._
tThere shall be no must not be an stora•e of vehicles on an -•- - - • •li •ro•ert
metered spaces or parking within residential zones,, which is hereby expressly prohibited
hrou. o t he Ci of Miami B-ach whatsoever The Vvalet o•erators shall clearl identif
the vehicles in their •ossession durin• the entire •eriod that the sarvehicle 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
statin• the block number and street name of the establishments which the ram. is
servicin.. Stora.e of valet vehicles in munici.al .arkin• facilities or at an
public on-street/curbside parking spaces or on any other public property is y
•
4
•
prohibited} and shall result in the issuance of a valet violation to the valet operator in the
e. - . ee - -. -
no more than twice per year and lasting no longer than three days in length. The special event
{a) Enforcement. The parking department shall enforce the provisions of this article. The police
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•
.. • e •e - •- - - - •--e •■ - . e - e e-
may be amended from time to time the notice shall inform the violator of the nature of the
the right to a hearinn
r-1117. "= ' --- - -- 1 $150.00 per offense
_ -_ _ -e ' -e ' -:. __- $250.00 per offense
:37 OpeFation-without--valet-permit $50439-peF-effeiaselper--day
4 - _- - - - _ - -- - - $150.00 per offense/per day
57 $25.00 per offense
6- $25.00 per offense
$25.00 per day
•
city manager, to appeal the decision of the parking department or other
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{3) If filing an appeal to the special master, the valet operator must post a bond in the
successful in his appeal, the bond shall be returned to the valet operator. If the valet
operator is unsuGscssful in his appeal, the clerk of the special master shall turn the
such failure by report from the parking department. Failure of the named violator to
(d) Recovery of unpaid fines.
(1) The city may institute proceedings in a court of competent jurisdiction to compel
sheriffs of this state, including levy against the personal property, but shall not be
from the filing of any such lien which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
is in the possession of the valet operator at the time such charge is incurred. This does not
- -.- - •- -- _.. - • - - -- - !!2.
Secs. X618-312-18-335. Reserved.
SECTION 2. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
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CHAPTER 18
BUSINESSES
ARTICLE VIII. Parking Lot
DIVISION 2. Valet Parking Permits for Use of Public Property
Sec. 18-336. Separate permit required.
The city shall issue space rental valet parking permits issued to valet operators who
conduct their operations on public property. No valet parking shall occur on public property
without the operator securing a space rental valet parking permit from the city's parking
department. e -- : :.:.-.= .;.:.-The consolidation of valet •arkin• ram•s to
'reserve •ublic on-street •arkin•- will be •ermitted •rovided a dul authorized •rou• of
businesses e _ .,-. .'t�,:.' in cons nc io - =-- with
documented documen a ion es ablishin• c•nsen •r a••roval der-from each of the
businesses - - -•= • - ' ----- .- -, --- • applyies for a space rental valet parking permit.
The application for shared valet parking ramps must shall identify all businesses on
the a••lication _ :-: - and •roof of consent or a••roval from the dul authorized
representative of each business on the application. The applicant requesting a space rental
valet parking permit will be responsible for the payment of all fees.
A separate space rental valet parking permit is required for each location where valet parking
services are provided. Valet parking permits shall only be issued to valet parking operators who
are licensed by the city pursuant to this chapter for the following types of uses:-
1. Hotel,.
2. Restaurant-.
3. Bar/Nightclub-i
4. Office..-: OF
5 Medical/rehabilitative services; OF
6. Any combination of Hotel, Restaurant, Bar/Nightclub, Office; or Medical/rehabilitative
services.
Sec. 18-337. 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
$1,000,000.00 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 comprehensive
coverage for vehicles under control of the valet parking operation with minimum
limits of $300,000.00 per location,with a maximum Self-Insured Retention (SIR) or
deductible of$1,000.00;
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
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written notice of cancellation. Any deviation from this requirement is subject to the
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 for this section derives 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 fors 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
article 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 article 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 shall also agrees to hold the city, 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 operator shall defend, at its sole cost and
expense, any legal action, claim or proceeding instituted by any person against the
city, its officers, agents, and employees as a result in any claim, suit or cause of
action accruing from activities authorized by this section-article , for injuries to
(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 the
owner or operator of each commercial establishments for the city
block which the valet operator is providing parking services;
(4) Valid valet parking business tax receipt from the city;
(5) Identification of the location of private vehicle storage space; and proof, in the form of
an executed lease or rental agreement, = - - • -- - - - - - - • - •e- 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 private storage
space sufficient to service the establishment, as determined by the Gcity's planning
°director for which the permit will be issued. The storage space must meet all
requirements pursuant to all applicable city ordinances;
(6) A valet •arkin. operational 'Ian which must include.-e:
a. Traffic Operations Analysis containing generally accepted engineering
standards for trip duration to and from the authorized vehicle storage location;
a distance of no more than 2,500 feet from the ramp to the vehicle storage
location; (distances great than 2,500 feet shall may be approved by the City
Manager); and other requirements, as may be determined by the i '
Ttrans•ortation °director and Pgarkin• °director. The Traffic Operations
Anal sis mus shall be conducted b a licensed •rofessional engineer. and
submitted to the -. .' rans•ortation °director and Parking !•irector for
their review and approval/or disapproval;.-
b. Staffing levels/ or schedule of valet •arkin• service o•erational hours for the
establishment including valet runners_}supervisors-and managers.
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c. An off-dut •olice officer ma be re•uired as determined b the cit Gchief of
��olice;
d. A minimum number of parking spaces for vehicle storage, as determined by
the Pplanning Odirector
e. Valet P•arkin• Street Ffurniture includin• si•ns stands and ke boxes must
corn.1 with the cit 's desi•n standards as determined b the R•Iannin-
Ddirector
f. Whether the proposed valet parking service will cause the removal of access to
existing or proposed metered parking, and the percentage of the reasonably
proximate metered parking spaces to be removed by the proposed zone;
g_ Whether establishments in the vicinity of the proposed valet parking service can
reasonably be expected not to have a detrimental effect on other nearby
activities which rely on curbside parking;
h. Whether the proposed valet parking service will have a beneficial effect on
vehicular and pedestrian safety; and
-- -- : -- -- •• - --- - •- •• -- : - - . _ An • her
documents, reports, studies, materials or information the parking director
determines to be appropriate for the issuance of the valet parking permit.
{runner, supervisors, and managers) to attend the "VOTE" (Valet Operator
Training on Enforcement) Training Program sponsored by the city's parking
department. AU new valet parking operators' employees must be enlisted for
Enforcement•
Sec. 18-338. Term and renewal.
(a) The term of each permit shall be for one year.
(b) Renewal shall be on an annual basis and shall only be granted after approval from the city's
risk manager and occupational license division.
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or certified mail, return receipt requested.
Sec. 18-31940. Private stora•e of valet vehicles.
Valet operators shall onl store vehicles on •rivate •arkin• lots which are •ro•erl
permitted and zoned as parking lots, and have sufficient vehicle storage capacity, as
determined b the lannin director. The valet operator shall provide to the parking department
a copy of the proper city business tax receipt or certificate of use issued to
the stora•e •arkin• facilit and-with satisfacto documentation from the •arkin• facilit owner
or o•erator ••- --= :_,:,... -• authorizin• the valet o•erator to use those facilities
the private parking lot for the purpose of storing valet parked vehicles.
Sec. 18-34Q4. Em•to ees and valet o•erators code of conduct.
The valet pawing operators shall require its employees and independent contractors to meet the
following requirements:
All employees or contractors who operate motor vehicles shall have a valid Florida
driver's license in good standing and shall abide by all city and Miami-Dade County
traffic regulations;
(2) ° e gees all be in si ila nifor ; All employees or contractors receiving or
discharging passengers or loading or unloading baggage from a vehicle, making
arrangements to remove the vehicle to a designated off-street parking facility. parking
a vehicle, or otherwise in control of a vehicle subject to valet parking requirements,
may not engage in such activities unless the valet parking employee or contractor is
wearing a jacket or shirt clearly marked "VALET" across the back in reflective lettering
that shall be highly contrasting with the background/field/screen (i.e. dark-colored
reflective lettering on light-colored background or light-colored reflective lettering on
dark-colored background); each individual letter of the word "VALET" shall be no
smaller than three inches (3") in height. The front of the jacket or shirt worn by the
valet parking operator shall include the name of the person, business, establishment,
or corporation granted a valet parking permit;
3 All em•to ees or contractors shall wear on their uniform a name-ta• identif in• the
employee's/contractor's name;
(4) All supervisors shall wear on their uniform, a name-tag identifying them as such;
5 All em•lo ees or contractors shall •erform their duties in a courteous and •rofessional
manner; and •(6) A •- --- e - -- - - - --e -- 11 . 11 - - - e - -- - - -••--
-• •-- - -- 1 - -• --- - ••-- • • -•- -. - _ - -* - • --
{Valet operators shall submit to the parking department a list of all employees or
contractors em•to ed or retained b the valet o•erator who are encased in valet
services in the cit[won Miami Bcach. 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 o " her designee no later than the fifth day of each
month. The em•to ee list shall contain the name of the em•to ee or contractor and the
--• I. --'- heir valid Florida Driver's License numbers. A •hotoco• of each
employees or contractor's valid Florida Driver's License shall be submitted for each
em•to ee or contractor on the roster. -_•_ _:==:-;i:;: _
..
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Sec. 18-3412. Operation of service.
(a) Identification of rented spaces. Rented spaces shall be so designated by the parking
department as rented parkin• areas. The desi•nation of a ramp for passenger
loading/unloading shall be by _ _ clearly marked signs indicating the
parking restriction. Each ramp shall be comprised of no less than two (2), and no more
than four (4) parking spaces which may be comprised of either metered or hotel passenger
loading zone spaces. In no instance shall there be more than one (1) valet operator per
block and no less than two (2), and no more than four (4) parking spaces (two per block
face) be sermitted. In such case new re.(Jests for valet •arkin• service shall onl be
granted through attrition of existing service on the block, except upon Ocean Drive between
5th Street and 15th Street.
(b) Ramping.
(1) Ramping shall only be operated in the spaces provided for ramping. Double parking or
obstruction of a traffic lane is strictly prohibited., The vatet er
opa e the •
-_ _- - ---- ---•_--. _ - _-- - - - --_ . -- _ - ..-- - _e -- _-- -
(2) Ramping at least 300 linear feet must separate valet parking ramps;.-
(3) Ramping shall not be allowed where on-street public parking does not exist, or where
establishing a valet parking ramp will otherwise interfere with traffic lanes or bike
lanes;
(4) Ramping shall be allowed only in the curb lane of the street;
(5) Ramping may be allowed where parking meters are installed;
(6) Ramping shall not be allowed in an area in which parking is already restricted for other
uses, or were parking is otherwise restricted or regulated;
(7) Ramping shall not reduce the unobstructed space for the passage of pedestrians to
less than four feet unless a greater distance is required by the city's public works
director.
a. On-street parking is not available within one hundred feet of the front door of the
establishment to be serviced;
Notes:
considered within the following boundaries: North Centerline of 17th Street,
South Centerline of 5th Street, West Biscayne Bay, East Atlantic Ocean.
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-
A hj. -- - - - • . - - - -- - - - - - - - - - - '
B. Off duty police. The committee will evaluate and determine the need for
(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:
in Valet operator must obtain a business tax receipt 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 o•erator must •ost a current and valid s•a e rental valet •arkin• •ermit at
the hotel's front desk.
d Stora.e. Stora•e of vehicles shall onl be in •rivate s•aces_ - - - • -= - " = - --- = '-
.. - =- :- -- - - -- -- -- --- - ---- - -- - - -- - --
w h a t s o e v e r. Valet operators shall clearly identify the vehicles in their possession during the
entire period that the Gar vehicle 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 -_ - .r:. - - ': ' - e, :=
(e) Valet Parking Street Furniture. All design standards for all street furniture, including signs,
stands and key boxes, must be determined by the planning director. At a minimum, the
following shall be applicable:
1. Street furniture shall be constructed of durable material that will withstand the year-round
impact of the weather, and must be maintained in good taste and in good condition at all
times;
2. Street furniture shall be sufficiently weighted and constructed to withstand strong winds.
Not exceed twenty four (24) inches in width and forty eight (48) inches in height
(including base, holder, frames, etc.) measured from sidewalk surface;
3. Street furniture shall be placed on the sidewalk no more than on half (1/2) hour before
the valet parking service opens and must be removed no later than one half (1/2) hour
after the close of valet parking service;
4. Street furniture shall be in front of the approved business without encroaching upon the
frontage of another business;
5. Street furniture shall be positioned on the sidewalk and/or tree lawn outside the travel
lanes, bike lanes and parking lanes to allow a minimum of four (4) foot clearance for
pedestrian traffic;
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6. Street furniture shall be freestanding and may not be affixed to any street fixtures
including, but not limited to trees, meters, lampposts, grates, bike racks, decorative
benches, new boxes, etc.. in any manner. Signs shall not be electrified in any way, or
have any moving components;
7. Street furniture shall include only the name and logo of the permittee's business, the
words "Valet Parking", the rate charged for the service and the hours of operation;
8. Street furniture shall be approved by the planning department following review with
appropriate business;
9. Street furniture shall display the following information: name of valet operator, address
and 24 hour contact number, valet parking fee schedule and hours of operation.
Sec. 18-3423. Exceptions.
(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 business tax
recei t through the ---- -- •-•- --- •- •• •=' 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 days prior to the scheduled event.
(5) Note: Temporary valet parking permit requests submitted within less than three (3)
workin• da s of a scheduled event will n• e' be acce•ted
an emergency. An emergency is defined as a situation or occurrence of a-scrious
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 moving lane of traffic is strictly prohibited
The ramping area shall be determined as stated in subsection 18-361(c) entitled,
number of spaces leased for ramping.
(2) Storaqe. The Sstorage of valet vehicles must be ate'
entitled ••rivate stora•e fa ili ies o lo s. of valet vehicles and/or section 4 entitled
-- _ - _e:• --_ ._ -: : - . _- _ -- - - . Storage of vehicles on public right-
of-wa s is - •- • •rohibited - - -- - - - • -- - - -- - -•-- .
•
1 -- . .- . . .- _-
13
•
e e• e -e e - - - - - - -
enforced.
Sec. 18-34 4. Penalties and Enforcement• fine schedule. ri•ht of a• •eal.
assigned ramp for over 15 minutes.
j First Offense:
•
Third offense
Fourth offense: - -e- . e -- - -- e-- e - _ _ ... -e
Fifth offense or
subsequent offense: - - - - - - - -
a►���-i�e���►-►�M.r►����I�iIZAJL-►z-r∎•. .►��►�EJMJiM�������►-�.�.-�r..�.T��rr►�r��� ��� �r�-�� ��i�e111KiLIL=.•
license.
'Violations First offense:
Second-offense; gfn nn I inn n
•• •1 5555 .. -• • - .• e ... -e
Third offense: e • -=- . -- e ----- e - e . ..-- • - --- --
i
99.99 a --- - --e - '... 11. ." er - -
Fourth offense: Master,
Fifth offense or
subsequent
offenses:
i .. . .. .. . .. .• .. .-. . . . ee .. ..
per offense/per day
(5) o name tan $25 nn $1 nn nn erase.
(6) o niform $25 nn $1 nn nn n e.
Of t o e e .- .. -. - .. ••• ••-e.. - --e e
.• .••. -••. . le •. •. .•-a . ... .-- e -- a .- . •- a •.. • -
location).
b. Permitted location utilization (hours/number of days a week location is
off
14
a�.!-t•a�.i�a.a�s��..i_.a.: ' S1 J:li • : • : .._ . .
loco ionc 1 nnn per offense
W■M1 iaa i/i11A.i.aa_-iaa_•�.�►-1�la.iit.��-..��i�a••.al "W• � IMI.�♦i .i� -.�.►7.1LL�ia�•i•.• a•∎__a Ia a
. .JAW,
Valet ar in C'lreel urniture violafionc $1 nnn er offense
(A) Penalties and enforcement.
(1) A violation of Article VIII, except as specifically set forth herein, shall be
subject to the following fines:
i. If the violation is the first offense, there shall be a civil fine of
$1,000.00;
ii. If the violation is the second violation within the preceding twelve
months, there shall be a civil fine of$2,000.00;
iii. If the violation is the third violation within the preceding twelve
months, there shall be a civil fine of$3,000.00;
iv. If the violation is the fourth or subsequent violation within the
preceding twelve months, there shall be a civil fine of$5,000.00.
(2) A violation of Section 18-340, shall be subject to the following fines:
i. If the violation is the first offense, there shall be a civil fine of
$100.00;
ii. If the violation is the second violation within the preceding nine
months, there shall be a civil fine of$250.00;
iii. If the violation is the third violation within the preceding nine
months, there shall be a civil fine of$500.00;
iv. If the violation is the fourth or subsequent violation within the
preceding nine months, there shall be a civil fine of$1,000.00.
[3� Enhanced penalties. The following enhanced penalties must be imposed,
in addition to any mandatory fines set forth in Section 18-343(A)(1) above,
for violations of Article VIII, except as to Section 18-340:
(a) Enhanced Penalties:
(i) If the offense is a third offense within the preceding 12 month period
of time, in addition to the fine set forth in Subsection 18-343(A)(1), the
valet operator, valet permit holder, property owner, company or
business entity must be prohibited from conducting the valet
operation(s) for a period of 10 days.
(ii) If the offense is a fourth or subsequent offense, in addition to any fine
set forth in Subsection 18-343(A)(1), the valet operator, valet permit
holder, property owner, company or business entity must be deemed
a habitual offender, and the City Manager may revoke the business
tax receipt or the certificate of use issued to such valet operator, valet
15
permit holder, property owner, company or business entity that have
been deemed a habitual offender(s) pursuant to this section for a
period not to exceed one year.
(4) Enforcement. The city's Rparking department and the
Miami Beach :Police dDe•artment shall enforce this section article. This
shall not preclude other law enforcement agencies from any action to
assure compliance with this section and all applicable laws. If a parking
enforcement officer or a the police officer finds a violation of this
Aarticle(c)(1` or (c)(2), the parking enforcement officer or the police officer
will be authorized to issue a notice of violation. The notice shall inform the
violator of the nature of the violation, amount of fine for which the violator is
liable, instructions and due date for paying the fine, that the violation may
be appealed by requesting an administrative hearing before a special
master within ten (10) days after service of the notice of violation, and that
the failure to appeal the violation within ten (10) days of service shall
constitute an admission of the violation and a waiver of the right to a
hearing.
Rights of violators; payment of fine; right to appear; failure to pay civil fine
or to appeal; appeals from decisions of the special master.
f A violator who has been served with a notice of violation must elect to
either:
pay the civil fine in the manner indicated on the notice of violation;
or
fia request an administrative hearing before a special master to appeal
the notice of violation, which must be requested within ten (10)
days of the service of the notice of violation.
(b) The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.
A request for appeal must be accompanied by
a fee as approved by a resolution of the city commission +ch shalf
L If the named violator, after issuance of the notice of violation, fails to
pay the civil fine, or fails to timely request an administrative hearing
before a special master, the special master may be informed of such
failure by report from the police officer. The failure of the named
violator to appeal the decision of the police officer within the prescribed
time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated
as an admission of the violation, for which fines and penalties shall be
assessed accordingly.
16
j A certified copy of an order imposing a fine may be recorded in the
public records, and thereafter shall constitute a lien upon any real or
personal property owned by the violator, which may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the violator's real or personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. On
or after the sixty-first (61st) day following the recording of any such lien
that remains unpaid, the City may foreclose or otherwise execute upon
the lien.
(e) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
ff The special master shall be prohibited from hearing the merits of the
notice of violation or considering the timeliness of a request for an
administrative hearing if the violator has failed to request an
administrative hearing within ten (10) days of the service of the notice
of violation.
Lql The special master shall not have discretion to alter the penalties
prescribed herein
in the assigned ramp for over 15 minutes.
V -sms.-. ice•-•zia r.--z.z.zaw.ra.•�-i�..•».►.I■tssv.J� �►��i-�is��:lJ'�J■•.��■�■L>s���.�.�J. - •
(1) ' - - - - ---- -r. -- . • - - - - - - • - - - .
17
-- .. - e.
- --' - - - "-=' a '" -- --e_ ••-- - - - - '" - '"- - - -
- __-- •_ -_-. ._. a ._ _- ._ :-:-. ..-. ..' .'. .- a --- -"- "" =" -- - -
otherwise execute upon the lien.
8. 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 L31 outstanding violations.
(e)
9. 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 b the .arkin• de•artment for violations of this section . i le which resulted
in the imposition of the fines and fee.
Secs. 18-3446-18-360. Reserved.
SECTION 3. Article VIII of Division 3 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 18
BUSINESSES
ARTICLE VIII. Parking Lot
18
DIVISION 3. Rentals
* * *
Sec. 18-361. Rental and operation of municipal parking spaces.
(a) Rental of public spaces for ramping. The parking department shall rent to the valet operator
public on-street/curbside parking spaces that shall be used for ramping of vehicles or
storage of vehicle(s) (storage is defined as the stopping, standing, or parking of an
unoccupied vehicle(s) for over 15 minutes five (5) minutes or longer within the designated
loading area). - - : -e- - - , -_- - _ . - _• e- --- : -- - - - --
space. Ramp space size is determined by length (linear feet). 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 or moving lane of traffic as
- - •--: '- - e -_ •e' - 'e : . A vehicle will be considered stored if it remains
in the ramping area for mar=e4liaft five (5) 4-5 minutes or longer.
to store vehicle(s) in no more than 50 percent of the ramp area. Upon exercising said
Leased spaces Space rentals shall not be blocked by any type of sign, structure or other
type of object. Leased spaces Space rentals 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 judgment, the
proximity to the establishment being serviced, if sufficient spaces arc available. If there is
(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. All
valet parking meter space rental fees are codified in Ord. No. 2000-3267. 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, 24 hours in advance, and received no later than 3:00 p.m.
daily. Exceptions shall be assessed a $250.00 processing fee and lease cancellations not
made within the prescribed period will be assessed a X0-00 $50.00 processing fee.
(c) Number of spaces leased for ramping. The amount of ramping spaces available to the valet
operator shall be determined by the -e- e - - - • •--- -- --=
in the sole discretion of the parking director.
(d) Subletting. Leased public on-street/curbside or off-street spaces may not be sublet. to
19
spaces for the storage of vehicles for special events, special programs, residential functions, or
parking department, the fee for use of storage parking spaces. The fee for use of storage
-- - - -- -- -- -- '-- - e . .. - -
Secs. 18-3623-18-395. Reserved.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the tenth (10th) day following its adoption.
PASSED AND ADOPTED this da of September , 201
ATTEST: �� ` ���
7 �• ** / .
.1j 7., ILIP ': VINE ®R
AEL 7 - A NADO, f.IT ` �CORF ORATED'
.I Ira APPROVED AS TO
FORM&LANGUAGE
1��� • ,. 8 FOR EXECUTION
(Sponsored by Commissioner Michael-errieco)•9_.,.•••,:�
Underline denotes additions
denotes deletions Z.
Double underline denotes additions to the original Ordinance language Oaf
Italics denotes amendments between First and Second Reading
20
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 18, entitled "Businesses," by amending Article VIII, entitled "Parking Lot,"
by amending Division I, entitled "Generally," by amending Section 18-310, entitled, "Requirements for
Issuance of License"; Section 18-312, entitled, "Operation of Service,"; Section 18-313, entitled, "Special
Event Permit,"; Section 18-314, entitled, "Enforcement, Fine Schedule, and Right of Appeal,"; Section 18-
315, entitled, "Compliance Date,"; Division 2, entitled, "Valet Parking Permits for Use of Public Property," by
amending Section 18-336, entitled, "Separate Permit Required,"; Section 18-337, entitled, "Requirements,";
Section 18-340, entitled, "Private Storage of Valet Vehicles,"; Section 18-341, entitled, "Employees and
Valet Operators Code of Conduct,"; Section 18-342, entitled, "Operation of Service,"; Section 18-343,
entitled, "Exceptions,"; Section 18-344, entitled, "Enforcement; Fine Schedule; Right of Appeal,"; and further
amending Division 3, entitled, "Rentals," by amending section 18-361, entitled, "Rental and Operation of
Municipal Parking Spaces,"; and Section, 18-362, entitled, "Rental of Additional Parking for Storage of
Vehicles,"; providing for Codification, Repealer, Severability, and an Effective date. [Sponsored by
Commissioner Michael Grieco]
Key Intended Outcome Supported:
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and Including Parking).
Supporting Data(Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the
availability of parking across the City as too little or much too little.Availability of parking was one of the
changes residents identified to Make Miami Beach better to live, work or play.
Item Summary/Recommendation:
On July 8, 2015, the City Commission held the first reading of this ordinance and directed the
Administration to include the following amendments: Each valet ramp will be composed of no less than two
(2) and no more than four (4) spaces with the ramp size to be determined at the discretion of the Parking
Director; Public spaces or property cannot be used for storage of valet vehicles, including metered or
residential parking spaces; Include medical services, such as rehabilitation facilities, as land uses where
valet parking is permissible; Assignment of a valet parking ramp must be approved by the City Manager
event though permits are assigned for a one year period; Enhanced fines schedules; and Fines and
penalties are also applicable to commercial entities contracting valet parking service. The City Commission
provided guidance to the Parking Director to remain consistent with the intent of the ordinance regarding
new valet parking permit applications that may occur between 1st and 2nd reading of the ordinance. The
Parking Department held meetings with the valet parking industry between first and second reading to
discuss the proposed amendments and seek input and comment. As a result, the following provisions have
been included: (1) circumstances where hotel valet parking service is discontinued and no other valet
operator on the block has 24 hour vehicle storage, affected hotel may contract a valet operator with 24 hour
valet vehicle storage; (2) proposed penalties and enforcement; fine schedule, and right of appeal are
prospective, if approved; and (3) authorized vehicle storage locations with distances greater than 2,500 feet
shall be approved by the City Manager. Additionally, valet parking operators suggested a provision of
reducing ramps on Ocean Drive to one per block, be excluded. Upon further review, since consolidation of
valet parking ramps is not as impactful on local roads such as Ocean Drive, the request to exclude and
continue to allow multiple valet parking ramps on Ocean Drive between 5th Street and 15th Street(west side
only) seems appropriate. The Administration recommends the City Commission approve the
Ordinance on second and final public hearing.
Advisory Board Recommendation:
On May 20, 2015, the FCWPC endorsed the amendments and on May 29, 2015, the NCAC endorsed the
amendments. On June 1, 2015, the Transportation, Parking & Bicycle-Pedestrian Facilities Committee
conceptually endorsed the amendments.
Financial Information:
Source of Amount Account
Funds:
2
OBPI Total
Financial Impact Summary: No fiscal impact is anticipated. Please refer to the Commission Memorandum
for details.
City Clerk's Office Legislative Tracking:
Saul Frances, extension 6483
Sign-Offs:
Department Director Assistant City Ma nager' City Manger
SF lfiVA KGB _i�� '/ �r
T:\AGENDA 015\September2\ValetParkingSeptember 01 5SecondReading.sum.docx
AA I AM B E AC H AGENDA ITEM R�
DATE R
Mir 1111■11111111■11
mow miwimm■
1915 •-2015
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 2, 2015 SECOND AND FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH
CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE VIII,
ENTITLED "PARKING LOT," BY AMENDING DIVISION I, ENTITLED
"GENERALLY," BY AMENDING SECTION 18-311, ENTITLED, "EMPLOYEES
AND VALET OPERATORS CODE OF CONDUCT,"; SECTION 18-312,
ENTITLED, "OPERATION OF SERVICE,"; SECTION 18-313, ENTITLED,
"SPECIAL EVENT PERMIT,"; SECTION 18-314, ENTITLED,"ENFORCEMENT,
FINE SCHEDULE, AND RIGHT OF APPEAL,"; SECTION 18-315, ENTITLED,
"COMPLIANCE DATE,"; DIVISION 2, ENTITLED,"VALET PARKING PERMITS
FOR USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18-336,
ENTITLED,"SEPARATE PERMIT REQUIRED,"; SECTION 18-337,ENTITLED,
"REQUIREMENTS,"; SECTION 18-340, ENTITLED, "PRIVATE STORAGE OF
VALET VEHICLES,";SECTION 18-341,ENTITLED,"EMPLOYEES AND VALET
OPERATORS CODE OF CONDUCT,"; SECTION 18-342, ENTITLED,
"OPERATION OF SERVICE,"; SECTION 18-343,ENTITLED,"EXCEPTIONS,";
SECTION 18-344, ENTITLED, "ENFORCEMENT; FINE SCHEDULE; RIGHT OF
APPEAL,";AND FURTHER AMENDING DIVISION 3, ENTITLED, "RENTALS,"
BY AMENDING SECTION 18-361, ENTITLED, "RENTAL AND OPERATION OF
MUNICIPAL PARKING SPACES,"; AND SECTION 18-362, ENTITLED,
"RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES,";
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Michael Grieco]
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission take the following actions: 1) accept
the recommendation of the Finance and Citywide Projects Committee(FCWPC)on May 20,
2015 and Neighborhoods and Community Affairs Committee (NCAC) on May 29, 2015;
accept the amendments discussed at First Reading of the ordinance on July 8, 2015,
(outlined below); and 2)approve the attached Ordinance on second and final public hearing.
First Reading —July 8, 2015
On July 8, 2015, the Mayor and Commission held the first reading of this proposed
ordinance and directed the Administration to include the following amendments:
• Each valet parking ramp will be composed of no less than two (2)and no more than
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code—Second and Final Public Hearing
Page 2 of 7
four(4) spaces with the ramp size to be determined at the discretion of the Parking
Director;
• Public spaces or property cannot be used for storage of valet vehicles, including
metered or residential parking spaces;
• Include medical services, such as rehabilitation facilities, as land uses where valet
parking is permissible;
• Assignment of a valet parking ramp must be approved by the City Manager event
though permits are assigned for a one year period
• Enhanced fines schedules; and
• Fines and penalties are also applicable to commercial entities contracting valet
parking service.
The Mayor and Commission also provided guidance to the Parking Director to remain
consistent with the intent of the ordinance regarding new valet parking permit applications
that may occur between first and second reading of the ordinance as well as the ten (10)
period between ordinance passage (if approved) and the effective date.
Updates between First and Second Reading
Lastly, the Parking Department held multiple meetings with the valet parking industry
between first and second reading to discuss the proposed amendments as well as seek
input and comment. As a result, the following recommendations are included to address
requirements, continuity of valet parking service for hotels and prospective application of the
proposed penatlies, and enforcement fine schedule.
• In circumstances where hotel valet parking service is discontinued and no other valet
operator on the block has 24 hour vehicle storage,the affected hotel may contract a
valet operator with 24 hour valet vehicle storage.
• The proposed penalties and enforcement; fine schedule, and right of appeal are
prospective;therefore, all graduating valet fines are reset at zero, upon the effective
date of the ordinance, if approved.
• Authorized vehicle storage locations shall be a distance of no more than 2,500 feet
from the ramp to the vehicle storage location and distances greater than 2,500 feet
shall be approved by the City Manager.
The aforementioned suggested enhancements are deemed appropriate for continuity of
valet service for hotels as 24 hour storage is clearly necessary. In the event of at least one
of the existing valet parking operators on the block having 24 hour storage, the reduction of
the hotel valet parking ramp shall be applicable;the application of the enforcement provision
of the ordinance is prospective;
Additionally, the consolidation of multiple valet parking ramps per block to one (1) valet
parking ramp, consisting of no less than two (2) spaces and no more than four(4) spaces,
through attrition sets the City on the path to reduced traffic congestion on major
thoroughfares.
However, in regards to Ocean Drive, valet parking operators suggested the provision of
reducing ramps on Ocean Drive to one per block, be excluded from the ordinance. Upon
further review, Ocean Drive between 5th Street and 15th Street is a unique local road with
little impact on collector or arterial roadways. Because consolidation of valet parking ramps
is not as impactful on local roads,the request to exclude and continue to allow multiple valet
parking ramps on Ocean Drive between 5th Street and 15th Street (west side only) seems
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code— Second and Final Public Hearing
Page 3 of 7
appropriate.
BACKGROUND
On March 11, 2015,the Mayor and City Commission discussed Item R9S,entitled,"Discuss
Valet Parking" placed on the agenda by Commissioner Grieco for discussion. This
discussion resulted in direction to the Administration to provide recommendations to address
valet parking activities on public right-of-way,with an emphasis on the following objectives:
• Reduce traffic congestion of major thoroughfares.
• Strengthen regulations and compliance.
• Maintain a competitive environment.
The item was referred to both the Finance and Citywide Projects Committee(FCWPC) and
Neighborhoods and Community Affairs Committee (NCAC) for further discussion.
COMMISSION COMMITTEE RECOMMENDATIONS
On May 20, 2015, the Finance and Citywide Projects Committee (FCWPC) endorsed the
proposed valet parking amendments to the City Code, including direction to not allow
commercial valet parking ramps to intrude into residential neighborhoods.
On May 29, 2015,the Neighborhoods and Community Affairs Committee(NCAC)endorsed
the proposed valet parking amendments to the City Code, as proposed.
ANALYSIS
The Parking Department researched 12 other jurisdictions nationally that permit, regulate,
and enforce use of ROW (right-of-way) for valet parking ramping (passenger loading)
purposes. Notwithstanding the above, the following are two (2) threshold policy issues for
your consideration:
• All existing valet parking locations (permits) could be "grandfathered" and would
cease through attrition. City blocks currently without valet parking service would be
granted one (1) "new" service per block. The following are advantages to this
approach:
✓ Grandfathering of existing locations allows all operators, small and large,
continuity of operation.
✓ Reduces traffic congestion related to having multiple valet parking ramps on
each city block.
✓ Competition continues to thrive as valet parking permitting is triggered
whenever the establishment contracting for valet parking service undergoes:
o change in ownership;
o change in use; and
o change in valet parking operator
✓ Eases transition from multiple valet parking ramps to one valet parking ramp
per block.
✓ Increases curbside parking availability.
• Limit types of land uses granted valet parking service (i.e. hotel, restaurant, office
building, and nightclub).
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code—Second and Final Public Hearing
Page 4 of 7
✓ Ensures valet parking service/ramps at establishments with legitimate need
(addresses application loopholes for"hardware store", "body shop", etc.)
✓ Reduces traffic congestion by having one valet parking ramp serving all
businesses on each block.
✓ Further supports increases to curbside parking availability to public.
Below is a summary of recommended amendments to the City Code and their related
benefits regarding regulating valet parking operation.
• Enhanced criteria for permit approval by requiring a valet parking operational plan.
✓ Traffic Operations Analysis (approved by profession engineer).
✓ Set maximum distance between ramp and vehicle storage location to
decrease travel time which is a contributor to traffic congestion.
✓ Approval of staffing levels/schedule of valet parking service operational
hours for the establishment, including valet runners; supervisors, and
managers.
✓ May require an off-duty police officer, as determined by the Chief of Police,
for traffic control and/or mitigate traffic congestion.
✓ Determine whether the proposed valet parking service will have a beneficial
effect on vehicular and pedestrian safety.
✓ Standardize valet parking street furniture; including signs, stands,and key
boxes; establishes consistency in aesthetics.
• Storage of vehicles on private parking lots which are properly permitted and zoned
as parking lots and have sufficient vehicle storage capacity, as determined by the
Planning Director.
✓ A ratio of parking spaces for vehicle storage by land use type, as
determined by the Planning Director would regulate capacity and usage.
• Strengthening of regulations.
✓ Each ramp would be composed of two (2) parking spaces. In no instance
shall there be more than one (1) valet ramp per block and no more than
four(4) parking spaces (two parking spaces per block side) be permitted.
In such case, new requests for valet parking service shall only be granted
through attrition of existing service on the block.
✓ Ramping shall only take place in the space(s) provided for ramping.
✓ Double parking or obstruction of a traffic lane is strictly prohibited.
✓ At least 300 linear feet must separate valet parking ramps.
✓ Should not be allowed where on-street public parking does not exist, or
where establishing a valet parking ramp will otherwise interfere with traffic
lanes or bike lanes.
✓ Shall be allowed only in the curb lane of the street.
✓ Shall not be allowed in an area in which parking is already regulated for other
uses (restricted or prohibited).
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code—Second and Final Public Hearing
Page 5 of 7
✓ Shall not reduce the unobstructed space for the passage of pedestrians to
less than four feet unless a greater distance is required by the City's Public
Works Department.
• All design standards for all street furniture including signs, stands, and key boxes
shall be determined by the Planning Director. At a minimum,the following shall be
applicable:
✓ Be constructed of durable material that will withstand the year-round impact
of the weather and must be maintained in good taste and in good condition
at all times.
✓ Be sufficiently weighted and constructed to withstand strong winds. Not
exceed twenty four (24) inches in width and forty eight (48) inches in height
(including base, holder, frames, etc.) measured from the sidewalk surface.
✓ Be placed on the sidewalk no more than one half(1/2) hour before the valet
parking service opens and must be removed no later than one half(1/2)hour
after the close of valet parking service.
✓ Be positioned on the sidewalk and/or tree lawn outside the travel lanes, bike
lanes and parking lanes to allow a minimum four (4) foot clearance for
pedestrian traffic.
✓ Be freestanding and may not be affixed to any street fixtures including, but
not limited to trees, meters, lampposts, grates, bike racks, decorative
benches, news boxes, etc. in any manner. Signs shall not be electrified in
any way, be lighted in any way, or have any moving components.
✓ Include only the name and logo of the Permittee's business,the words"Valet
Parking", the rate charged for the service and the hours of operation.
✓ Be approved by the Planning Department following review with appropriate
business.
✓ Display the following information: name of valet parking operator, address
and 24 hour contact number; valet parking fee schedule; and hours of
operation.
• Enforcement and fine schedules.
✓ Illegal ramping. Illegal use of public right-of-way for the purpose of
accepting or delivering a vehicle.
Violations:!First Offense: Warning
!Second offense:$500.00
�mMThird offense: $1,000._ ..�. „� .....�.�.�..�
Fourth offense: .$2,000 and ten (10) day suspension of
ramping privileges. Notice of suspension to
establishment via certified mail or hand'
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code—Second and Final Public Hearing
Page 6 of 7
:delivery.
Fifth offense orSuspension and mandatory referral to
subsequent ::special master
offense:
✓ Illegal storage. Illegal storage of vehicle(s) in public facilities and/or public
right-of-way or in unauthorized private storage location(s) as provided in
permit (occupational license).
Violations: First :$1,000
!offense:
..�._.__ Second $2,500
offense: I
IThird :$2,500 and ten (10) day suspension of ramping:
( ) Y P
offense: :privileges. Notice of suspension to establishment;
;via certified mail or hand delivery.
Fourth :Suspension and mandatory referral to special:
,offense: master.
✓ Operation without valet permit: $1,000 per offense/per day.
✓ Solicitation of valet parking service on any portion of the City's right of way:
$1,000 per offense.
✓ Penalty for lapse in required insurance coverage (from date of lapse):
$500.00 per offense/per day.
✓ No name tag: $100.00 per offense.
✓ No uniform: $100.00 per offense.
✓ No valid Florida driver's license: $500.00 per offense and
immediate removal of the employee from the valet operation.
✓ Non-compliance with valet employee list: $100.00 per day.
✓ Special master review. In addition to the factors set forth in subsection 30-
74(e), the special master may consider, inter alia, the following factors
when determining the amount of the fine:
Number and type of violations under permit where violation
originated (specific location).
Permitted location utilization (hours/number of days a week
location is operational).
Parking and traffic conditions existing at the subject location at the
time of the violation.
✓ Failure to comply with any provision of the approved Valet Parking
Operational Plan, including staffing and storage spaces/locations:
$1,000 per offense.
✓ Solicitation for valet parking service on any portion of the right-of-way,
including sidewalks, parking space, or roadway: $1,000 per offense.
✓ Valet Parking Street Furniture violations: $1,000 per offense.
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code— Second and Final Public Hearing
Page 7 of 7
FISCAL IMPACT
Revenues lost by the reduction of valet parking space rentals on certain blocks will be offset
by revenue generated by valet parking space rentals on blocks that currently have no
existing service. Valet parking fine revenue is anticipated to increase initially and eventually
level off as a result of compliance. Therefore, no fiscal impact is anticipated.
CONCLUSION
In conclusion,_the Administration recommends the City Commission take the following
actions: 1) accept the recommendation of the Finance and Citywide Projects Committee
(FCWPC)on May 20, 2015 and Neighborhoods and Community Affairs Committee(NCAC)
on May 29, 2015; accept the amendments discussed at First Reading of the ordinance on
July 8, 2015, (outlined below); approve an exception to Ocean Drive and continue to allow
multiple valet parking ramps on Ocean Drive between 5th Street and 15th Street (west side
only); and (2) approve the attached Ordinance on second and final public hearing.
JLM/KGB
T:\AGENDA\2015\September\PARKING\ValetParkingSecondReadingSeptember22015 mem.doc
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