Loading...
2003-3418 OrdinanceORDINANCE NO. 2003-3418 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18, ENTITLED "BUSINESSES," BY AMENDING ARTICLE VIII, ENTITLED "PARKING LOT," BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE ON PUBLIC PROPERTY"; BY AMENDING SECTION 18-336 THEREOF BY_/~R~IDING FOR REQUIRED "VOTE" (VALET OPERATOR TRAINING ENFORCEMENT) TRAINING PROGRAM; BY AMENDING DIVISION 3, ENTITLED, "RENTALS"; BY AMENDING SECTION 18-341 THEREOF BY PROVIDING ADDITIONAL CODE OF CONDUCT REQUIREMENTS FOR VALET OPERATORS AND THEIR EMPLOYEES; BY AMENDING SECTION 18-342 BY PROVIDING EXPANDED RAMPING AREAS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 18-343 BY PROVIDING THAT VALET PERMITS FOR SPECIAL EVENTS SHALL BE APPLIED FOR FROM THE CITY'S TOURISM AND CULTURAL DEVELOPMENT DIRECTOR; BY AMENDING SECTION 18-344 BY AMENDING THE FINES AND ENFORCEMENT PROCEDURES FOR VIOLATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 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, further amendments were adopted on May 12, 1999, pursuant to Ordinance No. 99-3182, providing for requirements for the use of a moving lane of traffic; establishing residential valet parking requirements; and providing an on-call valet program; and WHEREAS, the Administration has identified the need to further amend the Ordinance, by establishing required training for valet parking employees; expanded ramping opportunities under certain circumstances, as defined herein; and a revised enforcement fine schedule and amending enforcement procedures for violators; and WHEREAS, the Parking Department held a workshop on March 20, 2003, with valet parking operators in the City of Miami Beach in effort to develop constructive amendments to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Division 2, Article VIII of Chapter 18 of the Miami Beach City Code is hereby amended as follows: ARTICLE VIII. PARKING LOT DIVISION 2. VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY Sec. 18-336. 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. Sec. 18-337. Requirements No valet parking permit shall be issued without the proof of the following: 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 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 ara 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. (2) (3) (4) (5) 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 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. If incorporated, the valet operator shall provide a copy of its articles of incorporation. Notarized written authorization on company letterhead from owners/operators of the City-licensed commercial establishments for which the valet operator is providing parking services. Valid valet parking occupational license from the City of Miami Beach. Identification of the location of vehicle storage space, and proof in the form of an executed lease or rental agreement, (6) 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 ordinances. Valet parking operators are required to enlist all employees servicing the public (runner, supervisors, and managers) to attend the "VOTE" (Valet Operator Training on Enforcement) Training Program sponsored by the City's Parking Department. All new valet parking operators' employees must be enlisted for training within sixty (60) days of employment or at the next regularly scheduled traininq session. The modules provided as part of the traininq include, but are not limited to, the following subiects: Customer Service Valet Ordinance Regulations Enforcement Professionalism/Ethics 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. Sec. 18-339. 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 commemial establishment being serviced by the valet operator, of any cancellation and revocation by hand delivery or certified mail, return receipt requested. Service of the notice of cancellation and revocation shall be by hand delivery or certified mail, return receipt requested. Sec. 18-340. 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. Sec. 18-341. Employees and valet operators code of conduct The valet parking operators shall require its employees and independent contractors to meet the following requirements: (1) 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. (2)All employees shall be in similar uniform. (3) All employees shall wear on their uniform, a name-tag identifying the employee's name. (4) All supervisors shall wear on their uniform, a name-tag identifying them as such. (5) All employees shall perform their duties in a courteous and professional manner. (6) All new employees must attend the "VOTE" (Valet Operators Traininq on Enforcement) Program provided by the City's Parking Department within sixty (60) days of hire or at the next re,qulady scheduled training session. (7) 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 valid 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. Sec. 18-342. 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. The Valet Operator may use the moving lane of traffic during periods of high demand. High demand periods are defined as periods when the volume of vehicles to be processed exceeds the resources available. Valet operators must demonstrate a good faith effort to provide sufficient resources to meet demand. Storaqe of vehicle(s) may be allowed in up to fifty (50%) of the designated ramp area. Note: Use of the ramp area for storage constitutes waiver of Section 7 (b)(1) Th, .,~,~ .... ~,,~,,h'~ll ~h .... ,,~ v.~.--~v{' ..... C~(, vehlc ......... 3rc3 ............ ~.,, ,~. not occur in any other location than the public on-street/curbside parking spaces provided for ramping, except as defined in Section 7(b)(1) and (2)· ~'Jthcr!zsd by th~ CSt¥. (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 ownedoperator 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 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: 6 (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. (4) The Valet Operator must post a current and valid Valet Parking Permit at the Hotel's Front Desk. (d) Storage Storage of vehicles shall only be in private spaces, authorized ramp areas, 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. Sec. 18-343. Exceptions a. Valet Service - Special Event Valet services operating for a special event may apply for a special event permit from the City's Tourism and Cultural Development Director cf .~.,'tc, ~'"~* ...... ~ "'-*"'*~" .... * 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 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 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. Sec. 18-344. 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 a Notice of Violation to the violator as provided in Ch""*"-~..v, wa"' of ~-'~"v,~,,,_,,vv ..... ,,v,l~'l~ v~(3~-' ~,9097 Section 30- 7~8, as may be amended from time to time. 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 before the Special Master within ten (10) days after service of the Notice 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) 1. Fines. The following civil fines shall be imposed for each violation per location: Illegal Ramping: Illegal use of public right-of-way for the purpose of accepting or delivering a vehicle or accepting or delivednq a vehicle when a vehicle is stored in the assigned ramp for over ~ 5 minutes. Violations: First Offense: $150 Second Offense: $150 Third Offense: $150 Fourth Offense: $150 Fifth Offense or Subsequent offense: Mandatory Referral to Special Master Ille,qal Stora~qe: Ille,qal storaqe of vehicle(s) in public facilities and/or public d,qht-of-way or in unauthorized private storage location(s) as described in permit (occupational license). Violations: First Offense: Second Offense: Third Offense: Fourth Offense: Fifth Offense or subsequent Offenses: $25O $250 $500 $500 Mandatory Referral to Special Master Operation without Valet Permit $50.OOper offense/per day Penalty for Lapse in Required Insurance Coverage (from date of lapse) $150.00 per offense/per day No Name Tag $25.00 per offense (c) No Uniform $25.00 per offense No Valid Florida Driver's License $25.00 per offense and immediate removal of the employee from the valet operation. Non-compliance with Valet Employee list $25.00 per day. Special Master Review: In addition to the factors set forth in Section 30-74(e), the Special Master may consider, inter alia, the following factors when determininq the amount of the fine: a. Number and type of violations under permit where violation originated (specific location). b. Permitted location utilization (hours/number of days a week location is operational). c. Parkinq and traffic conditions existinq at the subiect location at the time of the violation. 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 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 Notice of Violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in Sections 20 '!,3 30-71 and 20 ~,~, 30-72 of the Miami Beach City Code, and amendments thereto. (3) If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Parking Department. Failure of the named violator to appeal the decision of the Parking Department within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. ^ waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. Any party aggrieved by the decision of a special master may appeal that decision to a court of competent jurisdiction. (4) (5) 10 (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 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 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. (e) Valet operators 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. Section 2. That Division 3, Article VIII, of Chapter 18 of the Miami Beach City Code is hereby amended as follows: 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 usedv,"""',,, for ramping of vehicles or storaqe of vehicle(s) (stora.qe is defined as the stoppin(~, standing, or parking of vehicle(s) for over fifteen (15) minutes within the designated loading area). In no event shall storaqe take place in over fifty (50%) percent of the allotted ramp 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 ll valet employees. Ramping shall only be operated in the public on- street/curbside spaces provided by the Parking Department for ramping o_r moving lane of traffic as described in Section 7 (b)(1) and (b)(2). :F-here c~,~u ~, .... , ..... ct ,,,~,;,.~,,~ ;,, ,h ......... '~ ~ ...... ;"" A vehicle will be considered stored if it remains in the ramping area for more than fifteen (15) minutes. The operator may choose to store vehicle(s) in no more than 50% of the ramp area. Upon exercisinq said option, the Valet Operator waives the right to use the "moving lane of traffic" provision as described in Section 7 (b)(1) and (2). Ramping on public property shall not occur in any other location than the on-street/curbside spaces provided for ramping, except as described in Section 7 (b) (1) and 7 (b) (2). 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. (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 Parkinq Meter Rental Fees are codified in CMB Ordinance No. 2000-3267. Thc ,v~ ,v, ~v v, ,v,,~ ~l~vv~ ~,,~,, wv ~v.vv I''v' vl~vv'l~v' ...... ,~ ,~ ,~ .... ,~ .....,~. ~.. ~ o~.~ n...~.., All additions or changes to existing leased public on-streeffcurbside parking spaces for ramping, shall bo paid upon roquost. All valor spaco Ioaso roquosts shall bo roquirod in writin~ to tho ~arkino Diractor or his/her dosi~noo, four (24) hours in advanco, and received no lator than 3:00 ~.M. daily. fixcoptions and Ioaso cancollations not mado within tho proscribod poriod will bo assossod a $20.00 procossin~ (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. 12 (d) Subletting. Leased public on-street/curbside or off-street spaces may not be sublet to another valet parking operator, Sec. 18-362. Rental of additional parking for storage of vehicles Storage space required for the operation of a valet service must be provided in private parking lots or authorized municipal facilities. 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. 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. CODIFICATION It is the intention of the Mayor and Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intentions, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on July 12, ,2003. PASSED and ADOPTED this ATTEST: 2nd day of ~ July ,2003. Mayor Ci~ Clerk F:\PING\$ALL\SAUL\COMMRESO\valetordinanceamendments070203.ord.doc Rev.7/2/03 APPROVED AS TO FORM & I.N'~E & FOR EXECUTION 14 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IAn Ordinance amending Division Two, entitled, "Valet Parking Permits for Use on Public Property"; and Division Three, entitled, "Rentals"; providing for required training "VOTE" (Valet Operators Training on Enforcement); Expanded ramping areas under certain circumstances; Revised enforcement provisions and graduated fine schedules. Issue: IWhether to adopt the proposed and subsequently revised amendments from the first reading on May 21, 2003 to the Valet Parking Ordinance on second reading? Item Summary/Recommendation: The Parking Department in conjunction with the valet parking industry collaborated to formulate the following amendments to the valet parking ordinance. Amendments include, required participation in V.O.T.E. (Valet Operator Training on Enforcement); Expanded ramping areas via the occasional use of a moving lane at peak periods, use of the ramp area to store vehicles (exercising this provision waives right to exercise moving lane of traffic provision), strict enforcement of illegal storage on public or unauthorized parking spaces; revised enforcement fine schedules, including potential referrals to the Special Master Proceedings upon receipt of a fifth violation for certain offenses, including criteria for the Special Master to consider in the review process. Historically, neither the valet parking ordinance nor the collection of fees (parking space rentals) have been applied for the use of the public parking spaces on the west side of Ocean Drive between 5th and 15th Streets. The Finance and Citywide Projects Committee directed the Administration to meet with the Ocean Drive Association and valet operators in order to formalize a recommendation. At the first reading on May 21,2003, the Mayor and Commission directed the Administration to revise the enforcement provisions establishing a graduated fine schedule for certain violations. A graduated fine schedule was incorporated resulting in fines of $150 to $450 and $250 to $1,000 for illegal ramping and illegal storage, respectively. In addition, the Administration reserves the right to refer any valet operator that is deemed a habitual offender to the Special Master. The Administration recommends that the Mayor and City Commission approve the ordinance on second and final reading on July 2, 2003. Advisory Board Recommendation: The Transportation and Parking Committee's Sub-Committee on Valet Parking endorsed the proposed amendments to the ordinance on April 22, 2003. The sub-committee reported back to the committee of the whole on May 13, 2003 and on June 3, 2003. On June 3, 2003, the committee of the whole reviewed the amendments and re-stated an endorsement of the initial Administration recommendation requiring a mandatory special master proceeding upon a third (or subsequent) violation for illegal ramping and/or storage. Financial Information: Amount to be expended: Source of F u n d s: Iii~;~ ~i~i~:~i ~)i! ii!~ ~!! Finance Dept. ~ ~ City Clerk's Office Legislative Tracking: I Saul Frances, Parking Department Si n-Offs: T:~AGEN DA~003\apr3003\reg ular~valet parkingordina nce043003.su~n~OC~ AGENDAITEM DATE 7-2_-0% CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miarni-beach .fl .us COMMISSION MEMORANDUM To: From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager Date: July 2, 2003 SECOND READING PUBLIC HEARING SubJect: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 18, ENTITLED "BUSINESSES," BY AMENDING ARTICLE VIII, ENTITLED "PARKING LOT," BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE ON PUBLIC PROPERTY"; BYAMENDING SECTION 18- 336 THEREOF BY PROVIDING FOR REQUIRED "VOTE" (VALET OPERATOR TRAINING ENFORCEMENT) TRAINING PROGRAM; BY AMENDING DIVISION 3, ENTITLED, "RENTALS"; BY AMENDING SECTION 18-341 THEREOF BY PROVIDING ADDITIONAL CODE OF CONDUCT REQUIREMENTS FOR VALET OPERATORS AND THEIR EMPLOYEES; BY AMENDING SECTION 18-342 BY PROVIDING EXPANDED RAMPING AREAS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 18-343 BY PROVIDING THAT VALET PERMITS FOR SPECIAL EVENTS SHALL BE APPLIED FOR FROM THE CITY'S TOURISM AND CULTURAL DEVELOPMENT DIRECTOR; BY AMENDING SECTION 18-344 BY AMENDING THE FINES AND ENFORCEMENT PROCEDURES FOR VIOLATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on second and final reading. 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 forvalet parking operators utilizing public right-of-way. Residents and business operators expressed their concern over private valet parking operations that use municipal parking spaces and public streets for operation of their service. The regulatory requirements included the provision of a business license, insurance requirements, and storage spaces, ramping spaces (drop-off and pick-up), rental fees, enforcement, fine structure, appellate process (Special Master), etc. July 2, 2003 Commission Memorandum Amending Chapter 20 CMB Code- Valet Licenses Page 2 of 7 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 rights-of-way. These revisions included strengthening several provisions in the Ordinance including: insurance requirements, identification of storage spaces, limitation of the number of curbside spaces used for ramping, and the use of public parking spaces for valet storage at municipal parking facilities. On May 12, 1999, the Mayor and Commission approved the following amendments to the Valet Ordinance (CMB Ordinance No. 99-3182) providing for: (1) procedures and requirements for the use of a moving lane of traffic in areas void of on-street parking; (2) on-call valet parking for small hotels, and (3) procedures and requirements for valet parking in residential areas. In early 2002, the Mayor's Blue Ribbon Task Force on Tourism identified various recommendations for the improvement of service to visitors/tourists. A specific sub- committee on Parking was formed. The Parking Sub-Committee made various recommendations, including an amendment to the enforcement provisions of the valet ordinance establishing a "five" strike enforcement program aimed at habitual violators of the ordinance in order to encourage adherence to the regulations and ultimately improve service. After various discussions, including one at the Transportation and Parking Committee, the five-strike program was abandoned due to the valet industry's contentions that overzealous enforcement could potentially jeopardize the industry. Subsequently, Commissioner Steinberg requested that the City Attorney's Office draft an amendment to the valet ordinance proposing to replace the existing enforcement fines/provisions within the Valet Ordinance with Chapter 30 of the City Code (Code Enforcement/Special Master Proceedings). At the request of Commissioner Steinberg, the Mayor and Commission referred the item to the Neighborhoods Committee. On February 24, 2003, the Neighborhoods Committee heard the proposed amendment s to the valet ordinance recommending revisions replacing the existing enforcement procedures/fines with the City's Code Enforcement procedures. Upon further discussion and input from participants in the valet industry regarding this and other operational issues, the Neighborhoods Committee directed the Administration to hold a workshop with members of the industry in order to present proposed amendments to the Transportation and Parking Committee, and ultimately to the Mayor and Commission. Commission Directives at First Reading (May 21, 2003) At the first reading of the ordinance at the May 21, 2003, City Commission Meeting, the Mayor and City Commission approved all proposed amendments with the exception of the enforcement provisions requiring third or subsequent violations of illegal ramping and/or illegal storage to be referred to the Special Master proceeding. The Mayor and Commission directed the Administration to revise the enforcements provisions with a graduated fine schedule for these two specific violations. To this end, the Administration held a workshop with representatives of the valet industry on June 28, 2003 and revised Juiy 2, 2003 Commission Memorendum Amending Chepter 20 CMB Code- Valet Licenses Pege 3 of 7 the ordinance to reflect a consensus graduated fine schedule of $150 to $450 and $250 to $1,000 for illegal ramping and illegal storage, respectively. It is important to note that at the initial workshop held with the valet parking industry, various amendments were proffered as concessions to the valet parking industry and were contingent upon having an enforcement procedure with "teeth" in order to prevent abuse and/or habitual offenders of these and other regulations. In keeping with the intent and direction of the Mayor and Commission and in light of the concerns of overzealousness in both enforcement and/or Special Master proceedings, the Administration has increased the graduated enforcement schedule from three to five fines with the aforementioned graduated fines. It should be taken into account that the intent of the initial "Special Master" recommendation was to have an independent third party evaluate the valet operator's historical performance, intent, and efforts to comply with the ordinance in order to: (1) identify habitual offenders, (2) alter their behavior, and (3) ultimately provide a higher level of service on a level playing field for all operators. Absent a mandatory Special Master referral, the Parking Department is placed in a position of having to identify habitual offenders and refer them to the Special Master. These circumstances may create opportunities for criticism of the Administration of selective enforcement and/or "targeting" of valet operators. Notwithstanding these issues and absent a mandatory referral to the Special Master, the Administration reserves the right to refer a valet operator that is deemed a habitual offender to the Special Master. The Transportation and Parking Committee's Sub-Committee on Valet Parking endorsed the initially proposed amendments to the ordinance on April 22, 2003. The sub-committee reported back to the committee of the whole on May 13, 2003 and subsequently to the full committee on June 3, 2003 with the Commission directives. On June 3, 2003, the committee of the whole reviewed the amendments directed by the Mayor and Commission and re-stated an endorsement of the initial Administration recommendation requiring a mandatory special master proceeding upon a third (or subsequent) violation for illegal ramping and/or storage. ANALYSIS On March 20, 2003, the Parking Department held a workshop with the valet parking industry. As a prelude to the workshop, the Department issued a letter of invitation to all valet operators requesting that they participate and provide their issues of concern with the existing ordinance and issues affecting them in general. The industry responded with a summary of issues and corresponding scenarios to be discussed at the workshop. There were predominantly four issues raised that were eventually addressed resulting in consensus for the proposed amendments. These issues are: (1) training/communication, (2) ramping (loading/unloading of passengers), (3) vehicle storage locations, and (4) enforcement fines/procedures. The following is a summary of each revision to the ordinance outlining the existing regulation and proposed amendments: V.O.T.E. Training (Valet Operators' Training on Enforcement): Currently, there is no provision in the ordinance for required training; therefore, this is a new initiative recommended by the Administration in order to dissemination the regulations April 3O, 2003 Amending Chapter 20 CMB Cede- Valet Licenses Page 4 of 7 being enforced and to begin to inculcate a code of conduct by which all valet operators can provide courteous service. Technically, valet operators are leasing public parking spaces (City Property) to provide a valet parking service as a "for profit" entity. The City has a vested interest in ensuring that we all commit to providing the best service within our resources. Both valet parking operators and the Administration identified a need for better communication between employees of the industry and enforcement personnel. To this end, the Parking Department developed a training module specifically for valet parking employees (runners, supervisors, and managers). The modules are comprised of: (1) Customer Service, (2) Valet Ordinance Regulations, (3) Enforcement, and (4) Professionalism and Ethics. The goals of the training efforts are to: (1) establish communication by educating all on each other's challenges, (2) provide helpful customer service tips/behavior, (3) interpret regulations consistently by both valet parking employees and enforcement personnel, (4) understand the need for consistent and equitable application of enforcement, and (5) develop professionalism and encourage ethical behavior amongst all serving the public. All valet operators will be required to enlist for training all new employees within sixty (60) days of employment or at the next regularly scheduled training session. RAMPING Existing Regulation: Ramping is the expeditious loading or unloading of passengers in authorized areas established typically at bagged meters and/or posted areas. Valet operators may not ramp in any location other than their authorized ramp area. Use of a moving lane of traffic or unauthorized parking areas are a violation of this provision resulting in a $150 fine. Proposed (Consensus) Regulation: Valet operators may use the moving lane of traffic during peak demand periods. Peak demand is defined as periods when demand exceeds resources (ramps area or number of runners) available. It is important to note that valet operators must demonstrate a good faith effort in providing resources to meet expected demand. This provision will afford valet operators flexibility to provide more expedient service to users without violating the ordinance. A secondary request by the industry was to increase the size of ramp areas (number of meters bagged) by either increasing the number of spaces or allowing unutilized parking spaces immediately adjacent to their ramps for their use. From a policy perspective, it is the Parking Department's goal to minimize the number of spaces reserved for private and/or specialty uses in order to maximize the availability of public parking. Cleady, the occasional use of a moving lane of traffic is a more efficient use of space than removing additional public parking spaces from the available inventory. Secondly, a provision for storage of vehicles within the ramp area was established; however, at no time could more than fifty (50%) of the ramp area be used for storage. Vehicles are considered stored if stopping, standing, or parking for a period exceeding fifteen (15) minutes. Furthermore, exercising the ramp storage provision April 3O, 2003 Amending Chapter 20 CMB Code- Valet Licenses Page 5 of 7 automatically waives the valet operator's right to use the "moving lane of traffic" provision. This caveat was recommended in order to minimize abuse such as valet operators storing vehicles in their ramp area and using the moving lane of traffic to process customers. Ramp areas are for loading/unloading purposes. Storage in the ramp area is a "business decision" of the valet operator that constitutes waiver of any additional ramping areas and/or opportunities. STORAGE Existing Regulation: Storage is only allowed in authorized locations, typically in private parking facilities. The storage facilities must be identified in the valet operator's occupational license. Proposed (Consensus) Regulation: All valet operators have agreed that storage in on-street or off-street public parking space(s), except authorized uses such as the aforementioned ramp provision, is a violation of the ordinance and should be strictly enforced. ENFORCEMENT PROVISIONS Existing Regulations: The following is the amendment: existing fine schedule for the violations proposed for Illegal Ramping: First and all subsequent violations $150 per occurrence. Illegal Storage: First and all subsequent violations $250 per occurrence. Proposed (Consensus) Regulation (Revised): The following are the fine schedules for the violations proposed for amendment: Illegal Ramping: Illegal use of public right-of-way for the purpose of accepting or delivering a vehicle or illegal use of a lane of traffic for the purpose of accepting or delivering a vehicle when exercising the ramp storage provision. First Violation: Second Violation: Third Violation: Fourth Violation: Fifth or subsequent Violations: Illegal Storage: Illegal and/or in unauthorized (occupational license). First Violation: Second Violation: Third Violation: $150 per occurrence. $150 per occurrence. $300 per occurrence. $300 per occurrence. $450 per occurrence. storage of vehicles in public facilities, public right-of-way, private storage locations as described in the permit $250 per occurrence. $500 per occurrence. $750 per occurrence. April 30, 2003 Amending Chapter 20 CMB Code- Valet Licenses Page 6 of 7 Fourth Violation: Fifth or subsequent Violations: $750 per occurrence. $1,000 per occurrence. Special Master Referral: Violators fifth or subsequent offenses may result in a referral to the Special Master Proceedings. If referred, the Special Master shall consider the following factors: · Number and type of violations under permit (location). · Frequency of use (days per week) of permit location. · Violations shall remain on file for Special Master review for a period not exceeding twelve (12) consecutive months. Notwithstanding these amendments to the enforcement provisions of the Code, the City Code also provides certain remedies for habitual offenders: Section 102-381. Grounds for suspension, revocation and denial. (a) The City Manager or his or her designee shall either revoke or temporarily suspend the license of any Person where it is determined by the city manager or his or her designee that: (4) Habitual conduct has occurred at the licensee's premises that violate city, county or state law. In addition, the valet parking industry contends that enforcement of the ordinance is too strict and, at times, overzealous. An analysis of the Valet Parking Ordinance enforcement efforts of the Parking Department for calendar year of 2002 (January 1, 2002 through December 31, 2002*) reveals the following results: Total number of violations: 197' Total number of violations administratively waived: 15' Balance of Valid Violations: 182' Total number of operators: 11' Total number of ramps: 51' Note: 197 violations for 51 ramps in a twelve (12) month period equates to one violation per ramp every 3.1 months. Clearly, operators with the most ramps (locations) have more opportunities for violations. A review of the distribution of violations by numberof ramps revealed the following: Number of Ramps Number of Violations 1 2 1 4 2 2 3 4 4 6 4 10 4 12 Apdl 3O, 2OO3 Amending Chapter 20 CMB Code- Valet Licenses Page 7 of 7 Total: 4 24 8 25 8 30 12 78 51 197 A further review by type of violation revealed that illegal storage is the most pervasive amongst all operators: Violation: Number of Violations J~_.) Illegal Storage: 89 45.1% Illegal Ramping: 69 35.1% No Name-Tag: 20 10.2% No Permit (License): 12 6.1% No Driver's License: 5 2.5% No Insurance 2 1.0% Total: 197 100% Ocean Drive Historically, neither the valet parking ordinance nor the collection of fees (parking meter space rentals) have been a~plied for the use of the public parking spaces on the west side of Ocean Drive between 5 and 15th Streets. This issue was discussed at the May 12, 2003 Finance and Citywide Projects Committee. The Committee directed the Administration to meet with the Ocean Drive Association and affected valet parking operators in order to determine the appropriate size and type of regulation for the area in question. CONCLUSION The recommended amendments to the valet parking ordinance are a result of the collaborative efforts of all parties affected (Valet Parking Industry, Administration, and Business Community). Our collective goal is to improve communication, streamline processes, and provide fair and equitable enforcement of regulations. The Administration recommends that the Mayor and Commission approve the revised amendments at the second and final reading on July 2, 2003. JMG/CMC/b~ T:~AGENDA~2003~apr3003\regular~VALETORDINANCEAMD043003.CME.doc CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING REBY ivan that a publ c hearing will be held by the Mayor and k~ NOTICE IS HE -g- ....... ,:-~ =,,cch Florda, in the Comm_issio. n I~ · lesion of me ~lty u~ ,v,a,,, ,~v,,. , . . . ~YamCb°erms,m3rd floor, City Hall, 1700 Convention Center Drive, Miami Beacn, Florida, on Wednesday, July 2, 2003, at 10:15 a.m., to consider the following: AN ORDINANCE AMENDING MIAMI BEACH CiTY CODE CHAPTER 18, ENTITLED ,, "BY AMENDING ARTICLE VIII, ENTITLED "PARKING LOT," BY BUSINESSES .............. ~, "VA ET PARKING PERMITS FOR USE ON ~,MENDING DIVISION z, ~'[~H~-'-~, _..L PUBLIC PROPERTY"; BY AMENDING SECTION 18-336 THEREOF BY PROVIDING FOR REQUIRED "VOTE" (VALET OPERATOR TRAINING ENFORCEMENT) TRAINING PROGRAM; BY AMENDING DIVISION 3, ENTITLED, "RENTALS"; BY AMENDING SECTION 18-341 THEREOF BY PROVIDING ADDITIONAL CODE OF CONDUCT REQUIREMENTS FOR VALET OPERATORS AND THEIR EMPLOYEES; BY AMENDING SECTION 18-342 BY PROVIDING EXPANDED RAMPING AREAS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 18.343 BY/'~ PROVIDING THAT VALET PERMITS FOR SPECIAL EVENTS SHALL BE APPLIEDI[~ FOR FROM THE CITY'S TOURISM AND CULTURAL DEVELOPMENT DIRECTOR;I-a' THE FINES AND ENFORCEMENT BY AMENDING SECTION 18-344 BY AMENDING w~nLATORS' AND PROVIDING FOR REPEALER,~ · ROCEDURES FOR ~,,-,~,- , SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to the Parking Department at (305) 673-7505. ~ INTERESTED pARTIES are invited to appear at this meet ng, or be represented by I ex ress their views in writing addressed to the City Commission,[ an agent, or_to . p ..... . ' .1st Floor, Cit Hall, Miami Beach, ~ c/o the City (;larK, 1.700 Co[_,..v_~_nt ~n Center Dn~we~; Is for Dub~ inspection during ! · o les of th~s u[d,nance are --- ab _ Florida 33139 C p = , ' 700 Convention Center Dnve., 1st, normal business n..ours, in the C,t,y__C..l,e_rk s OfflC.~.~ rneetina may be continuecl · it HalI, M~am Beach Florida33139 ............. ~.. - .. ~ - .F.l..o~..r; ?,,~h ~-ir~..mstances additional legal notice would not os provided. _.. / u,,~ ................ Robert E. Parcher, City (JlerK ! · City of Miami Beach- 286 0105, Fla Stat, the City hereby adv see the public that: fi. a ! Pursuant to Section · · '. ' · Commission with respect t.o .~l.y ! to a cai any decision made by the City arson dec,des PP .... n must ensure that a va..rt~um P · at its mee[~ng or ~ts heanng such parco . . matter considered · -- · includes the testimony and e~. ~oence record of the..proceedin.gs i_s mad_e~hl~.hhi~ec((~idce does not const tute consent b.y tu on which the a.pp.e, al ts to be ,b_~.-_.. .....n , , m'ssible or rrelevant evi=ence, ~ he introduction or adm~ss o. of other~.?e ~nad_! ..... C~ty for t .................. aais not omerwise allowed oy ~uw. ~or does it aumonze CI~r'~II~#H~~;;~ v/ dvp ~ accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access ..... or to r uest this publ cation in accessib e format, or to request ~ersons w~th d~sa.b hbe.s, eq he ltv Clerk's off ce at (305) 67_3~74_1.1,.,.n,o_ sign language i.nterpre, ters., s..hould co?t~a.._ct_ t.l~-heCiat~dn'' imnaired' contact the City Ule~ later than four c~ays prior to me procee(2,~. ,. ~ office via the Flodda Relay Service numbers, (800) 955-8771 (TYY) or (800) 955-8770 (VOICE). ~ .... o (Ad #0~8~) "'