Ordinance 95-2987 ORDINANCE NO. 95-2987
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHARTER 20, ENTITLED "BUSINESS LICENSES", AMENDING
SECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS; VALET
PARKING" BY PROVIDING FOR NEW INSURANCE REQUIREMENTS;
PROVIDING FOR THE IDENTIFICATION OF SUFFICIENT VEHICLE
STORAGE SPACE; PROVIDING FOR THE REQUIREMENT OF
PROVIDING A COPY OF THE BUSINESS LICENSE FOR THE STORAGE
SPACE; PROVIDING FOR IDENTIFICATION OF THE STORED VEHICLE
THROUGH A TICKET STUB; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, residents and business operators on Ocean Drive, Washington Drive, and in
other areas of the City of Miami Beach have expressed their concern over private valet parking
operations which use city parking spaces and public streets for operation of their service; and,
WHEREAS,the unregulated operation of these valet parking operations disrupts the traffic
flow through city streets, threatens the safety of pedestrians and other vehicular traffic, and creates
visual confusion; and,
WHEREAS, in order to improve the aesthetics and safety in our City, it is necessary to
regulate the valet parking operations use of city parking spaces and public streets by confining their
operation to specified ramping and storage areas and requiring the valet parking operation to meet
strict business regulations concerning their use of the public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 20-32.
That Section 20-32, of Chapter 20, entitled "Business Licenses" of the Miami Beach City
Code is hereby amended as follows:
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Sec. 20-32. Parking Lot; Exemptions; Valet Parking.
F. VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY
1. SEPARATE PERMIT REQUIRED
The City of Miami Beach shall issue valet parking permits to valet parking operators which
conduct their operations on public property. No valet parking shall occur on public property without
the operator securing a valet parking permit from the City's Parking Department. A separate permit
is required for each location where valet parking services are provided.
Valet parking permits shall only be issued to operators who are licensed by the City of Miami
Beach pursuant to this chapter.
2. PERMITS
a. REQUIREMENTS -No valet parking permit shall be issued without the proof of the
following:
1. Approval from the City's Risk Manager indicating that the valet parking
operation has met the following insurance requirements:
a) Commercial general liability or garage liability insurance in the amount
of $1,000,000 per occurrence and per location covering bodily injury and
property damage resulting from the valet parking operator's activities
connected with the handling of vehicles on public property. This policy must
name the City as an additional insured.
b) Garagekeepers legal liability insurance to provide collision and
comprehensive coverage for vehicles under control of the valet parking
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operation with minimum limits of$250,000 per location with a maximum
Self-Insured Retention (SIR) or deductible of $1,000_ a000—per
vehicle.
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's Risk Manager's approval.
d) .. .. . .. .
.. ...
.• ••- • • •. . • .. - . . -••• . Valet parking 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 parking operator applying for a permit for use of public
property shall execute an agreement approved by; the City Attorney's Office
providing for the valet parking operator to indemnify, hold harmless and
defend the City, its officers, agents and employees against and assume all
liability for any and all claims, suits, actions, damages, liabilities, expenditures,
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or causes of actions of any kind arising from its use of the public streets or
public parking lots for the purposes authorized in this Section and resulting
or accruing from any alleged negligence, act, omission or error of the valet
parking operation, its agents or employees and/or arising from the failure of
the valet parking operation, its agents or employees to comply with each and
every requirement of this Section or with any other City or County ordinance
or State or Federal law or regulation applicable to the valet parking operation
resulting in or relating to bodily injury, loss of life or limb or damage to
property sustained by any person, firm, corporation or other business entity.
The valet parking operator hereby agrees to save the City of Miami Beach, its
officers, agents and employees harmless from and against all judgments,
orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and
about any such claim, investigation or defense thereof, which may be entered,
incurred or assessed as a result of the foregoing. The valet parking operator
shall defend, at its sole cost and expense any legal action, claim or proceeding
instituted by any person against the City of Miami Beach, its officers, agents
and employees as a result of any claim, suit or cause of action accruing from
activities authorized by this Section, for injuries to body, limb or property as
set forth above.
2. If incorporated, the valet parking service shall provide a copy of its articles of
incorporation.
3. Written authorization from the owner/operator of the City-licensed
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commercial establishment for which the valet parking 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 sufficient to service the
establishment for which the permit will be issued. The storage space must conform
to the requirements of paragraphs F4 and 5 of this Ordinance.
b. TERM AND RENEWAL
1. The term of each permit shall be for one year.
2. Renewal shall be on an annual basis and shall only be granted after approval
from the City of Miami Beach Risk Manager.
c. CANCELLATION
The City shall cancel the permit if the valet company no longer services the
commercial establishment which authorized its operation at that location. This
cancellation may be effective whether the valet company voluntarily discontinues
service to the establishment or the establishment revokes authorization for the valet
company to service the location. Cancellation of the valet parking permit under this
sub-paragraph shall be effective immediately upon service of the notice of
cancellation. Service of the notice of cancellation shall be by hand delivery or
certified mail, return receipt requested.
3. RENTAL OF PARKING SPACES WITH METERS
a. RENTAL OF PUBLIC SPACES FOR RAMPING
The City of Miami Beach Parking Department shall rent to valet parking services on-
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street metered parking spaces which shall be used only for the ramping of vehicles. Ramping
of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn it over to
or retrieve it from valet employees.
The City's Parking Department shall provide to the valet operator a minimum of 40
feet of ramping space in front of the establishment being serviced if sufficient spaces are
available. If there is not a minimum of 40 feet available for rental in front of the
establishment, the Parking Department shall lease spaces as close to the establishment as
possible. Notwithstanding the above, ramping will not be allowed if the Parking Department
determines that it would be an unsafe activity at that location.
Leased spaces shall not be blocked by any type of sign, structure or other type of
object. Leased spaces shall not be cordoned off by any type of signage, rope or barrier of any
kind, except that signage provided by the City indicating the existance existence of valet
parking at a particular location may be displayed.
b. FEE FOR METERS
The Parking Department shall post in the offices of the Parking Department, Tthe fee
for use of metered spaces. : • - •
.. . . . . . .. ••• •. • .!! ; ;. - .
hour period. The fee for use of metered spaces : . • . •. '.4.!! .-
space per 12 hour period. The shall be based on a 12 hour period shall--be defined as the
hours between 6:00 p.m. and 6:00 a.m. Fees shall be paid bi-weekly, two weeks in advance
beginning with the date the permit is issued.
c. NUMBER OF SPACES
The amount of ramping spaces available to the valet operator shall be determined by
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the frontage of the establishment being serviced provided that there is a minimum of 40 feet
of metered spaces available for ramping.
d. SUBLETTING
Leased spaces may not be sublet without the prior written consent of the City of
Miami Beach Parking Department.
4. RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES
The Parking Department may lease additional spaces for the storage of vehicles upon a first
come - first serve basis. The Parking Department shall post in the offices of the Parking
Department,The fee for use of storage parking spaces. • - :. , .. . . . • . .. •: •
be $6.00 per space per 12 hour period. The fee for use of storage parking spaces shall be
based on a • .•; . • . . .. •. ; . .. . . .. • 12 hour period. The 12
heur-peried--shall-be defined as the hours between 6:00 p.m. and 6:00 a.m. Fees shall be paid
bi-weekly, two weeks in advance beginning with the date the permit is issued.
5. Valet services may store vehicles on private lots which are properly permitted and zoned as
parking areas. The valet service shall provide to the Parking Department a copy of the proper
City of Miami Beach business license issued to the storage space, and documentation from
the parking facility owner or management authorizing the valet operator to use those facilities.
6. EMPLOYEES
The valet parking service shall require employees and independent contractors of the valet
parking service to meet the following requirements:
a. All employees which operate motor vehicles shall have a valid Florida Driver's License
and shall follow all traffic regulations.
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b. All employees shall display a name tag identifying the valet company and the
individual's name.
c. All employees shall be in similar uniform.
6. '7. OPERATION OF SERVICE
a. IDENTIFICATION OF RENTED SPACES
Rented spaces shall be designated by the Parking Department as rented parking areas.
The designation shall be by clearly marked signs indicating the time of rental and penalties for
violators.
b. RAMPING
Ramping shall only be operated in the spaces provided for ramping. There shall be
no storage of vehicles in the area used for ramping. A vehicle will be considered stored if it
remains in the ramping area for more than 15 minutes. Ramping on public property shall not
occur in any other location than in the on-street area provided for ramping.
c. STORAGE
Storage of vehicles shall only be in private spaces or in leased municipal spaces as
provided by the Parking Department. Other than the lease municipal spaces, There there shall
be no storage of vehicles •• . •. . • . ' . • . . _, .. . ••• . .. .•
.. .. , . . .. . ;. • . - . on any municipal property whatsoever.
Valet parking operators shall clearly identify the vehicles in their possession during the entire
period that the car is in their possession. Such identification shall be easi�Pis7ible made
through a ticket stub affixed to the rear view mirror of the stored vehicle and shall state the
name of the valet parking operator and identification of the ramp from which the vehicle was
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picked-up. Ramp identification shall be made by stating the name of the establishment which
the ramp is servicing.
7. 8. EXCEPTIONS
Valet services operating for a special event may apply for a special event permit. A special
event is any event occurring no more often than twice per year and lasting no longer than 10 days
in length. The special event license will allow entitled the valet parking operator to additional
ramping and/or storage space, if available.
8. 9. ENFORCEMENT
a. The City of Miami Beach Parking Department shall enforce the provisions of this
ordinance. This does not preclude other law enforcement agencies from any action as
necessary to assure compliance with all applicable laws. If a parking inspector finds a
violation of this ordinance, the inspector shall issue a notice of violation to the violator as
provided in Chapter 9B of the City Code. The notice shall inform the violator of the nature
of the violation, amount of fine for which the violator may be liable, instructions and due date
for paying the fine, notice that the violation may be appealed by requesting an administrative
hearing within ten (10) days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violations and waiver of the right to a hearing.
b. Violations shall be issued as follows:
The following civil fines shall be imposed for each violation per location of this article:
1. Fines
a). First offense $50
b). Second offense $250
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(within one year of the first offense)
c). Third offense $500
(within one year of the first offense)
d). Fourth offense and all subsequent offenses $500
(the city may also revoke the valet parking permit pursuant to the
procedures set forth in Sections 20-43 and 20-44 herein. For six (6)
. •
2. Definition of"offense"
"Offense" shall mean either an uncontested notice of violation issued by a
parking enforcement specialist/code officer or a finding of violation by a Special
Master.
c. Rights of violators; payment of fine; right to appeal; failure to pay civil fine, or to
appeal.
1. A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special master appointed
by the City Commission upon recommendation of the City Manager to appeal
the decision of the Parking Department which resulted the issuance of the
notice of violation.
2. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in section 20-43 and 20-44 of the Miami Beach City Code, and
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amendments thereto.
3. If the named violator after notice fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master shall be
informed of such failure by report from the parking department. Failure of the named
violator to appeal the decision of the parking department within the prescribed time
period shall constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation and penalties may be assessed accordingly.
4. Any party aggrieved by the decision of a special master may appeal that
decision to a court of competent jurisdiction.
d. Recovery of unpaid fines
1. The City of Miami Beach may institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
2. A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the personal property, but
shall not be deemed to be a court judgment except for enforcement purposes. After
two (2) months from the filing of any such lien which remains unpaid, the City of
Miami Beach may foreclose or otherwise execute upon the lien.
3. As an additional means of enforcement, the City may seek injunctive relief
and/or follow procedures to revoke and occupational license as set forth in the City
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Code when there are repeated violations of this ordinance.
e. Valet parking operators shall pay all fines and fees, including towing charges, arising
in connection with a patron's vehicle which is in the possession of the valet parking operator
at the time such charge is incurred. This does not preclude the valet parking operator from
also being cited by the Parking Department for violations of this section which resulted in the
imposition of the fines and fee.
9. 10. COMPLIANCE DATE
All valet parking operators in the City of Miami Beach shall comply with this Section by
September 1, 1994 June 1, 1995.
10. REVIEW
• . .. . ..
•
•
•
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 29th day/6f April , 1995.
PASSED and ADOPTED this 19th 4a of April 1995.
MAYOR
ATTEST:
17. s i//N �• FORM APPROVED
CITY CLERK
Legal Dept.
1st reading 4/5/95
2nd reading 4/19/95 By
12 Date -
�I'
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 3 -95
TO: Mayor Seymour Gelber and DATE: April 19, 1995
Members of the City Commission
FROM: Roger M. Carlt
City Manager
SUBJECT: AMENDMENTS TO VALET ORDINANCE NO. 94-2935-SECOND READING
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
amendments to Ordinance No. 94-2935 .
BACKGROUND:
On July 28, 1994, Ordinance No. 94-2935 was adopted by the City
Commission amending Chapter 20 ("Business Licenses") of the City
Code . The Ordinance aims to regulate the valet parking companies
by focusing on operating practices. At the March 1, 1995
Commission Meeting, an comprehensive update of the Ordinance
implementation progress was provided (see attached memorandum) . As
presented in that summary a review period for the Ordinance was
required. The review period has been completed.
Based on the evaluation of the Ordinance implementation efforts,
several issues need to be addressed. These include expanded
documentation of storage space for each ramp, a clearer definition
of vehicle storage restrictions, copies of Risk Management related
insurance policies and an improved method for identifying stored
vehicles . To this end, the Parking Department, the City Attorney' s
Office, the Code Compliance Division and Risk Management have
worked together to develop a number of recommended amendments to
the Ordinance. These changes, which were discussed at a recent
meeting with the valet operators, are included as additional
language (underscored) in the copy of the Ordinance attached.
Furthermore, these changes incorporate recommendations presented in
the Lockheed study.
\Continued. . .
AGENDA ITEM -C
DATE '&1- 1C1-95
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MAYOR AND COMMISSION PAGE TWO APRIL 19, 1995
On April 5, 1995, the Mayor and Commission approved the amended
Ordinance upon first reading.
ANALYSIS:
The regulation of the various valet companies operating on Miami
Beach has been successful, particularly in terms of freeing up on-
street parking spaces and alleviating traffic. However, as
determined by the Lockheed IMS study and the administration' s
evaluation, some "fine tuning" type of improvements are required.
The proposed amendments to the Ordinance achieve the following:
1) address illegal/disruptive storage practices being
conducted by these operators;
2) further facilitate the enforcement of the provisions
included in the original Ordinance (as recommended by Lockheed
IMS) ;
3) redefine the provision concerning meter rental fees from
a figure set by the Ordinance to one set by the Parking
Department, allowing meter revenue analyses to dictate
changes in fees;
4) provide additional storage capacity documentation to help
the Parking Department monitor and, if required, address the
level of service provided by valet companies .
5) clarify language concerning violation fines, specifically:
(a) Revocation of valet occupational license will occur upon
issuance of the fourth violation at the same
location (ramp) .
(b) Count of violations issued leading to revocation will
begin effective on the date of approval of Ordinance
(revocations were not to take place for six months after
the approval of the original ordinance in July, 1994) .
\Continued. . .
MAYOR AND COMMISSION PAGE THREE APRIL 19, 1995
CONCLUSION:
The modifications entailed by the amendments to the valet ordinance
will enhance the City' s ability to monitor and enforce the valet
operations across the city. In the interest of further improving
a fair and effective regulatory tool, the amendments to Ordinance
No. 94-2935 should be adopted.
RMC:JL:FJR: fjr
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