R5H-Amend Ch 18 Employees-Valet Operators Code Of Conduct -Grieco-COMMISSION ITEM SUMMARY
AGE]NDA ITEild R5 H
Gondensed Title:
An Ordinance amending Chapter 18, entitled "Businesses," by amending Article Vlll, entitled "Parking Lot,"
by amending Division l, entitled "Generally," by amending Section 18-310, entitled, "Requirements for
lssuance 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
Key lntended Outcome Supported:
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and lncludino Parkino).
Supporting Data (Surveys, Environmental Scan, etc.l:74o/, of residents and 72o/o of businesses rate the
availability of parking across the City as too little or much too little. Availability of parking was one of the
residents identified to Make Miami Beach better to live. work or olav.
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; lnclude 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 1"tand 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 Sth Street and 1Sth Street (west side
only) seems appropriate. The Administration recommends the City Gommission approve the
Ordinance on second and final public
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
Financial lnformation :
Source of
Funds:
Amount Account
1tt2
OBPI Total
Financial lmpact Summary: No fiscal impact is anticipated. Please refer to the Commission Memorandum
for details.
# MIAnAIBHACH BA n ?-z-(s424
1915.2015
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manag ., ft/p
DATE: September 2,2015 SECONDANDFINALPUBLICHEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH
ctTY coDE, ENTTTLED "BUSINESSES," BY AMENDTNG ARTTCLE Vl!t,
ENTTTLED "PARKING LOT," BY AMENDTNG DIVISION t, ENTTTLED
"GENERALLY," BY AMENDTNG SECTTON 18-31 1, ENTITLED, "EMPLOYEES
AND VALET OPERATORS CODE OF CONDUGT,"; SECTION 18-312,
ENTITLED, "OPERATION OF SERVIGE,"; SECTION 18-313, ENTITLED,
"SPECIAL EVENT PERMIT,"; SECTION 18-314,ENTITLED, "ENFORCEMENT,
FINE SCHEDULE, AND RIGHT OF APPEAL,"; SEGTION 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 GONDUCT,"; 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,"
BYAMENDING SECTION 18.361, ENTITLED, "RENTALAND 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 Michae! Grieco]
ADMINISTRATION REGOMMEN DATION
The Administration recommends the City Commission take the following actions: 1) accept
the recommendation of the Finance and Citywide Projects Committee (FCWPC) on May20,
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 finalpublic 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
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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;o lnclude 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; ando 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.
. ln circumstances where hotel valet parking service is discontinued and no othervalet
operator on the block has 24hour 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.o 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. ln the event of at least one
of the existing valet parking operators on the block having24hour 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 Sth Street and 1sth 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 Sth Street and 1sth Street (west side only) seems
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September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 3 of 7
appropriate.
BAGKGROUND
On March 11,2015, the Mayor and City Commission discussed ltem 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.
e 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 GOMMITTEE 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 CommunityAffairs 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.,/ lncreases curbside parking availability.
o Limit types of land uses granted valet parking service (i.e. hotel, restaurant, office
building, and nightclub).
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September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
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,/ 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.
r 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 levelslschedule 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. ln 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.
ln 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 forother
uses (restricted or prohibited).
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September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
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,/ 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 alltimes.
./ 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 (112) 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.
,/ lnclude 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.
lllegal ramping. lllegal use of public right-of-way for the purpose of
accepting or delivering a vehicle.
:-"
Violations:]First Offense: Warning
I
ItI-]SeCono orense:,$5oo.oo
I
i, ,",",:
iThird
offense:
,1
jFourth offense:
a
i
$1,000
$2,000 and ten (10) day suspension of
ramping privileges. Notice of suspension to
establishment via certified mail or hand
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September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 6 of 7
lFifth offense
!subsequent
ioffense:
i
,
I
,/ No name tag:,/ No uniform:./ No valid Florida driver's license:
delivery.
orisuspension and mandatory referral tot
rspecial master
i
lllegal storage. lllegal 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).
' ,offense: ' ,
, ioffense: i*:irriio
$2,soo ano ten (to) day susilLnsjon ot rimping
loffense: privileges. Notice of suspension to establishment
i ivia certified mail or hand delivery.
irourtr 'Suspension and mindatory referiit to speCiat.
.offense: master. ,
Operation without valet permit:$1 ,000 per offense/per day.
Solicitation of valet parking service on any portion of the City's rightof way:
$1,000 per offense.
Penalty for lapse in required insurance coverage (from date of lapse):
$500.00 per offense/per day.
$100.00 per offense.
$100.00 per offense.
$500.00 per offense and
immediate removal of the employee from the valet operation.
Non-compliance with valet employee /rsf: $100.00 per day.
Special master review.ln 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:
originated (specific location).
location is operational).
time of the violation.
Failure to comply with any provision of the approved Valet Parking
Operational Plan, including staffing and storage spaces/locatiotts:
$1,000 per offense.
Solicitation for valet parking seryice on any portion of the right-of-way,
including sidewalks, parking space, or roadway: $1,000 per offense.
Valet Parking Sfreef Furniture violations: $1,000 per offense.
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September 2, 2015 City Commission Memorandum
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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.
CONCLUS!ON
ln 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 CommunityAffairs 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 Sth Street and 15th Street (west side
only); and (2) approve the attached Ordinance on second and final public hearing.
L4
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ORDINANCE TO BE SUBMITTED
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