20170925 AM4MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 4
(Special Gommission Meeting on September 25,20171
City Hatl, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
September 13,2017
Mayor Philip Levine
Commissioner John Elizabeth Alemdn
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity
Attorney.
ADDENDUM AGENDA
R5 - Ordinances
R5 AM ORDINANCE REGARDING VALET PARKING.
Commissioner Kristen Rosen Gonzalez
Addendum added on 912212017
1
THIS PAGE INTENTIONALLY LEFT BLANK
2
Ordinances - R5 AM
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissiorer Kristen Rosen Gorvalez
DATE: September 13,2017
SUBJECT: ORDI NANCE REGARDING VALET PARKING.
RECOMMENDATION
Please place the attached draft ordinance on the September 25,2017 Conrrission agenda. The valet parking industry is reeling
from Hurricane lrnn and Uber, and we need to help them with incentives.
Legislative Tracking
Commissioner Kristen Rosen Gorualez
ATTACHMENTS:
Description
B draft ordinance
3
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article Vlll of Division 1 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER
18
_"rt,*_=tt=t_
ARTICLE Vlll. Parking Lot
OlVlSIOff t O"..r",,,
Sec. 18-306. License required.
Except as provided in this article, any location with parking attendants and/or valet parking
shall have a license as a parking lot and shall meet other prescribed criteria listed in this
section.
Sec. 18-307. Exemptions.
The following shall be exempt from the parking lot license requirement in section 102-357:
(1) Garages and other places where motor vehicles are stored for hire within a building
and for which a license has been obtained under another provision of this article.
(2) Off-street parking spaces required under the city's zoning ordinance for multiple-family
USCS.
Sec. 18-308. Removal of parked vehicles.
It shall be unlawful for any owner, operator or employee of any licensed parking lot to move
any parked motor vehicle from the parking lot to any public street, parking area or any other
public or private property without the consent of the owner, the owner's agent, or the chief of
police, unless specifically authorized to do so by law.
Sec. 18-309. Signs to be posted.
Operators of licensed parking lots shall place and maintain at each vehicle entrance
printed signs conspicuously disclosing the price or fee charged for the parking of motor vehicles
thereon, and indicating, in two-inch red letters, the city license number issued to the owner or
operator.
Sec. 18-310. Requirements for issuance of license.
No license for the operation of a valet parking service shall be issued except upon:
(1) Submission of proof, in the form of an original certificate of insurance evidencing that
the owners/operators of the service maintains in full force during the license year the
following coverages:
a. Garage liabilityinthe minimum amountof$300,000.00 peroccurrence.
b. Garage keepers legal liability in the amount of $300,000.00J. with a deductible not
to exceed $1,000.00 per loss and maximum limit per vehicle of at least
$50,000.00.
4
annuallY.
(2) A notarized letter of permission from the owner, lessee or operator of the business
from which the valet service is operating must be submitted prior to the city's issuance
of a valet parking license.
Sec. 18 311. 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) Allemployees shallbe in similar uniform.
(3) All employees shallwear on their uniform, a name tag identifying employee's name.
(4) Allemployees shall perform their duties in a courteous and professional manner.
Valet operators shall submit to the parking department a list of all employees employed by
the valet operator who are engaged in valet services on Miami Beach. Additions and deletions
to the valet employee roster shall be reported monthly. The employee report shall be submitted
to the attention of the parking director or his/her designee no later than the fifth day of each
month. The employee list shall contain the name of the employee and the employee's valid
Florida driver's license number. A photocopy of each employee's Florida driver's license shall be
submitted for each employee on the roster. Failure to comply with this paragraph shall result in
a fine of $25.00 per day to the valet operator.
Sec: 18 312: epe i€€:
i€itqr
{bt nampine, Rarnpingl; lhe soaaes Brevide
deferrnrne the nsmber ef
than the Bublie en s
mevine lane ef traff
or transfer et a ramg a
written aatherizati
m e d if i e ati e n e r lMinqarea;
+e) Steraee, The st
s€€€es-€s-€rrevided bv the parkin
tnere snal Ae ne mu
fhresqhesf fhe e,fy ef
tne vehieles in th ir
pessessien, Suen ieentl iew
mlrrer ef tne sterea v
ef the ramp frem whi
e
sefl46iner Unautherl
prehibited+ and s in
the ameunt ef $250,
2
5
Sec. 18 313. Special Event permit.
Valet services operating for a special event may apply for a special event
permitJrom the city's special events coordinator. Special event parking shall be
restricted to any event occurring no more than twice per year and lasting no longer
than three 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.
Sec. 18 314. Enforcement. fine schedule. and riqht of aopeal.
(a) Enforcement. The parkinq department shall enforce the orovisions of this
article. The police deoartment and code enforcement department shall also
assist the parkinq department in the enforcement of the valet operators code
of conduct. as set forth herein. This shall not preclude other law enforcement
aoencies or requlatorv bodies from any action as necessary to assure
compliance with this article and all applicable laws. lf a oarkinq
uooe. as
mav 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 payinq the fine, notice that the violation mav be apgealed bv
re-ouestinq an administrative hearinq within ten davs after service of the notice
of violation and that failure to appeal the violation within the ten davs. shall
constitute an admission of the violation and a waiver of the riqht to a hearinq.
1.Unauthorized/illeqal rampinq $150.00 per offense
2.Unauthorized/illeqal storaqe $250.00 per offense
3.Operation without valet permit $50.00 per offense/per dav
4.Penaltv for lapse in reouired
insurance coveraqe (from date of
$150.00 per offense/per dav
lapse)
5.No name taq $25.00 per offense
6.No uniform $25.00 per offense
7.No valid Florida driver's license $25.00 per offense, and
immediate removal of the
emplovee from the valet
oPeration.
8.Noncompliance with valet
emplovee list
$25.00 per dav
(c) Riqhts of violators: pavment of fine: riqhtto appeal:failure to pay civilfine. orto appeal.
J
(b)
6
a Pav the civil fine in the manner indicated onthe notice: or
Reouest an administrative hearinq within ten days of receipt of the violation before a
special master apoointed bv the citv commission upon recommendation of the citv
manaqer. to apoeal the decision of the parking department or other department which
resulted in the issuance of the notice of violation.
The procedures for appeal by administrative hearing of the notice of violation shall be
as set forth in sections 102 384 and 102 385 of this Code and amendments thereto.
lf filing an appeal to the special master, the valet operator must post a bond in the
amount of the civil fine with the clerk of the special master. lf the valet operator is
successful in his appeal, the bond shall be returned to the valet operator. lf the valet
operator is unsuccessful in his appeal, the clerk of the special master shall turn the
bond over to the parking department as payment of the civil fine.
lf 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.
(6) Any party aggrieved by the decision of a special master may appeal that decision to a
court of competent jurisdiction.
(d) Recovery of unpaidfines.
(1) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public records
and thereafter shall constitute a lien upon any other real or personal property owned by
the violator and it may be enforced in the same manner as a court judgement by the
sheriffs of this state, including levy against the personal property, but shall not be
deemed to be a court judgement except for enforcement purposes. After two months
from the filing of any such lien which remains unpaid, the city may foreclose or
otherwiseexecute 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 this Code when there are
repeated violations of this article.
(4) Additionally, the parking department, shall withhold issuance of any new valet permits
and leased public on streeUcurbside 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 waivedtheir right to
appeal and has over three outstanding violations,.
(e) Valet operator's responsibility for vehicles in their possession. Valet operators shall pay all
fines and fees, including towing charges, arising in connection with a patron's vehicle which
is in the possession of the valet operator at the time such charge is incurred. ThiS does not
preclude the valet operator from also being cited by the parking d-epartment for violations
of this section which resulted in the imposition of the fines and fee.
Sec. 18 315. Compliance date.
All valet operators in the city shall comply with this section by July 1 1 , 1QQ8.
Secs. 18 316 1A-?12.1A-335 Fleserved
SECTION 2. Article Vlll of Division 2 of Chapter
hereby amended as follows:
4
(2)
(3)
(4)
(5)
1B of the Code of the City Miami Beach is
7
CHAPTER1S BUSINESSES
ARTICLE VllL Parking Lot
DIVISION 2. Valet Parking Permits for Use of Public Property
See, 18 336, Separate permit required.
The eity shall issue spaee rental--valet parking permits issued te valet
parking permit =,frem the eity's parking department, Fer the purpese ef
i€-€n-
inesses
et tne gusinesses a
pa+kingfe+mit
The applieatien fer shared valet parl<ing ramps must identifral.l businesses en the
A separate spaee rental va]et parking ^ermit is required fer eaeh leeatien where
@
({)--+l'g+el;
€i--ees+au+a*;
€)--Ca#Nigh+elub;
(4)--O#i€e
(6) Any eernbinatier ef Hetel, Restaurant, Bar/Nightelub, Offiee, er Medieal/rehabilitative serviees,
Sec. 18-336. - Separate permit required.
The citv shall issue valet parkinq permits to valet operators who conduct
their operations on public propertv. No valet parkinq shall occur on public
propertv without the operator securinq a valet parkinq permit from the citv's
parkinq department. A separate permit is required for each location where valet
parkinq services are provided. Valet parkinq permits shall onlv be issued to
operators who are licensed bv the citv pursuant to this chapter.
@
Ne valet parlcing permit shall be issued witheut preef ef the fellewing:
5
8
$1,000,00&00 per eeeurrenee and per leeatien eevering bedily injury
ies
e
;h Garage keepers legal liability insuranee te previde eellisien and
eemprehensive eeverage fer vehieles under eentrel ef the valet parking
e All required insuranee pelieies are te be issued by eempanies rated
- B+Vl er better per Best's Rating Guide; latest editien and must -
written netiee ef eaneellatien, Any deviatien frem this requirement is subjeet te the
ei@;d Valet eperaters must ssbmit a eertifieate ef insuranee and a eertified eepy ef their
poliGies te the eit insu{ence
requirements ef the erdinanee frem whieh fer this seetien derives have bee+ met;
e Eaeh valet eperater applying fer a permit fer use ef publie prepedy shall exeeute
te indemnify, held harmless and defend the eity; its effieers; agents and
empleyees against and assume all liability fer any and all elaims; suits; aetiens;
damageq liabilities, expenditures, er eauses ef aetiens ef any kind arising frem its
in
this seetien=artiele and resulting er aeeruing frem any alleged negligenee; aet;
emissien er errer ef the valet parking eperatien; its agents er empleyees and/er
eemply with eaeh and every requirement ef this seetien artiele er with any ether
eity er eeunty erdinanee er state er federal law er regulatien applieable te the valet
parking eperatien
damage te preperty sustained by any persen, firm; eerperatien er ether business
entity, The valet eperater hereby shall=alse agree te held the eity; its effieers;
elaim, investigatien er defense thereef, whieh may be entered; ineurred er
eause ef aetien aeeruing frem aetivities autherized by this seetien artiele; fer
injuries te bedy, limberpreperty as setf,erth abeve,
(3) Netarized written autherizatien en eempany letterhead frem ewners/eperaters the
ewner er eperater ef eaeh the eity lieensed eemmereial establishments fer the eity
( l) Valid valet parking eeeupatienal-lieense business tax reeeipt frem theeity;
(5) ldentifieatien ef the leeatien ef private vehiele sterage spaee; and preef in the ferm ef
an exeeuted lease er rental agreement' er netarized letter ef autherizatien frem the
ewner ef the preperty, either ef whieh shall inelude the number ef spaees autherized
fer use by the valet eperater, and term ef the lease er agreement fer ^'i"^+^ sterage
inc
Direeter fer whieh the permit will be issued, The sterage spaee must meet all
:
us
ien=
6
9
teeatten, @istanees
Manaserti and ethe
, transpertatien dl
must be cenducted bv
Citv's TransBertat
P€li€e;
-
ekn+ing-Dire€tor=
f-Whether the prepesed valet parking serviee will eause the remeval ef aeeess te
existing er prepesed metered parking, and the pereentage ef the reasenably
Whether establishments in the vieinity ef the prepesed valet parl<ing serviee ean
reasenably be expeeted net te have a detrimental effeet en ether nearby
Whether the prepesed valet parlcing serviee wil{ have a benefieial effeet en
@
Any etherdeeuments repertsstudiesmaterials er infermatien the
+ng
pe+mi+
Valet parlcing eperaters are required te enlist all empleyees servieing the publie
Training en Enfereement) Training Pregram spensered by the eity's parl<ing
training within 6eday+ef empleyrnent er at the next regularly seheduled training
@
€us+eme+sen+iee;
@
En+e+eeme*;
Prefessie nalism/ethies,
Sec. 18-337. - Requirements.
No valet parking permit shall be issued without the proof of the followinq:(1) Approval from the citv's risk manaqer indicatinq that the valet parkinq operation
has met the followinq insurance requirements:
a. Commercial qeneral liabilitv or qaraqe liabilitv insurance in the amount of
$1.000.000.00 per occurrence and per location coverinq bodilv iniurv and
propertv damage resulting from the valet operator's activities connected
with the handlinq of vehicles on public propertv. This policv must name the
7
10
b. Garaqe keepers leqal liabilitv insurance to provide collision and
comprehensive coveraqe for vehicles under control of the valet parkinq
operation with minimum limits of $300.000.00 per location with a maximum
Self-lnsured Retention (SlR) or deductible of $1.000.00:
c. All required insurance policies are to be issued bv companies rated B+Vl or
better per Best's Ratinq Guide. Iatest edition and must provide the citv with
30 davs written notice of cancellation. Anv deviation from this requirement
is subiect to the citv risk manaqer's approval:
d. Valet operators must submit a certificate of insurance and a certified copv
of their policies to the citv's risk manaqer for determination that the
insurance requirements of the ordinance from which this section derives
have been met:
e. Each valet operator applvinq for a permit for use of public propertv shall
execute an aqreement approved bv the citv attornev's office providinq for
the valet operator to indemnifu. hold harmless and defend the citv. its
officers. aqents and emplovees aqainst and assume all liabilitv for anv and
all claims. suits. actions. damaqes. liabilities. expenditures. or causes of
actions of anv kind arising from its use of the public streets or public
parkinq soaces for the purposes authorized in this section and resultinq or
accruinq from anv alleqed neqliqence. act. omission or error of the valet
parking operation. its aqents or emplovees and/or arisinq from the failure of
the valet parkinq operation. its aqents or emplovees to complv with each
and everv requirement of this section or with anv other citv or countv
ordinance or state or federal Iaw or requlation applicable to the valet
parking operation resultinq in or relatinq to bodilv iniurv. loss of life or limb
or damaqe to propertv sustained bv anv person. firm. corporation or other
business entitv. The valet operator herebv aqrees to hold the citv. its
officers. agents and emplovees harmless from and against all iudqments.
orders. decrees. attornev's fees. costs. expenses and liabilities incurred in
and about anv such claim. investiqation or defense thereof. which mav be
entered. incurred or assessed as a result of the foregoinq. The valet
operator shall defend. at its sole cost and expense. anv leqal action. claim
or proceedinq instituted bv anv person against the citv. its officers. aqents.
and emplovees as a result in anv claim. suit or cause of action accruinq
from activities authorized bv this section. for iniuries to bodv. limb or
propertv as set forth above.
(2) lf incorporated. the valet operator shall provide a copv of its articles of
incorporation:
(3) Notarized written authorization on companv letterhead from owners/operators
of the citv-licensed commercial establishments for which the valet operator is
providinq parkinq services:
(4) Valid valet parkinq occupational license from the citv:
(5) ldentification of the location of vehicle storaqe space. and proof in the form of
an executed lease or rental aqreement. or notarized Ietter of authorization from
the owner of the propertv. either of which shall include the number of spaces
authorized for use bv the valet operator. and term of the lease or aqreement
for storaqe space sufficient to service the establishment for which the permit
will be issued. The storaqe space must be located at a distance of no more than
2.500 feet from the ramp, and meet all other requirements pursuant to all
applicable citv ordinances:
(6) Valet parkinq operators are required to enlist all emplovees servicinq the
8
11
Operator Training on Enforcement) Traininq Proqram sponsored bv the citv's
parkinq department. All new valet parkinq operators' emplovees must be
enlisted for traininq within 60 davs of emplovment or at the next regularlv
scheduled traininq session. The modules provide as part of the traininq
include. but are not limited to. the followinq subiects:
Customer service:
Valet ordinance regulations:
Enforcement:
Professional ism/eth ics.
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 commercial 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.
Valet eperaters sh
€€+mitted and zened as
determined bv the p
the sterase Barkins
€'tEivate parkine let
Sec. 18-340. - Private storaqe of valet vehicles.
Valet operators shall store vehicles on private parking lots which are properlv permitted
and zoned as parking Iots. The valet operator shall provide to the parking department a copv
of the proper citv occupational license or certificate of use issued to the storaqe parkinq
facilitv and satisfactory documentation from the parkinq facilitv owner or manaqement
companv/aqent authorizinq the valet operator to use those facilities for the purpose of
storinq valet parked vehicles
The valet parlcing eperaters shallrequire its empleyees and independent eentraeters te meet the
@
12
driver's lieense in geed standing and shall abide by all eity and Miami Dade CeunV
tra+ie+egulati'on€i
ivingler
ing
arrangements te remeve the vehiele te a designated eff street parl<ing faeility; parking
is
wea+ing-a-iacl€t er shi
that shalt be highly eentrasting withthe baelrgreund/field/sereen (i,e, dark eelered
refleetive lettering en light eelered baekgreund er light eelered refleetive lettering en dark
eelered baekgreund) eaeh individual letter ef the werd "VAtET' shall be ne smaller than
three inehes (3") in height, The frent ef the jaeket er shirt wern- by the valet parking
er eerperatien granted a valet parl<ing permit'
fgt rut empteyees o
;+t rut supervisers sn ;
fSt rut empteyees o
mannef;-and
fC) nll new emBbyees
Pregranr- previded by the eity's parking department within 60 days ef hire er at the next
(7) Valet eperaterc
eentraeters empleyed er retained by the valet eperater whe are engaged in wletserviees in
the eity en Miami Beaeh, Additiens and deletiens te the valet empleyee rester shall be
reperted menthly, The empleyee repert shall be submitted te tattentien ef the parking
direeter er his/her designee ne later than the fifth day ef eaeh menth, The empleyee list
shall eentain-the name ef the empleyee er eentraeter and the empleyee's their valid
Fleida Driver's tieense numbers, A pheteeepy ef eaeh ernpleyee's er eenkaeter's valid
Flerida Driver's tieense shall be submitted fer eaeh ernpleyee er eentraeter en the rester,
Sec. 18-341. - Emplovees and valet operators code of conduct.
The valet parkinq operators shall require its emplovees and independent contractors to
meet the followinq requirements:
(1) All emplovees who operate motor vehicles shall have a valid Florida driver's
Iicense in qood standinq and shall abide bv all citv and Miami-Dade Countv
traffic requlations:
(2) All emplovees shall be in similar uniform:
(3) All emplovees shall wear on their uniform. a name-taq identifvinq the
emplovee's name:
(4) All supervisors shall wear on their uniform. a name-tag identifvinq them as
such:
(5) All emplovees shall perform their duties in a courteous and professional
manner:
(6) Valet operators shall submit to the parkinq department a list of all
emplovees emploved bv the valet operator who are enqaqed in valet
services on Miami Beach. Additions and deletions to the valet emplovee
roster shall be reported monthlv. The emolovee report shall be submitted to
the attention of the parkinq director or his/her desiqnee no later than the
fifth dav of each month. The emplovee list shall contain the name of the
emplovee and the emplovee's valid Florida Driver's License number. A
photocopv of each emplovee's valid Florida Driver's License shall be
submitted for each emplovee on the roster. Failure to complv with this
paraqraph shall result in a fine of $25.00 per dav to the valet operator.
10
13
iee
fat lAenftneaften ef renb ing
parking restrietien, Eaeh ramp shall be eemprised ef ne less than twe (2), and ne
mere than feur ( l) parking spaees whieh may be eemprised ef either metered er hetel
passenger leading zene spaees, ln ne instanee shall there be mere than ene (1) valet
(fwe per spaee) be permitted, ln sueh ease, new requests fer valet parking serviee shall
enly be granted threugh attritien ef existing serviee en the bleek, exeept upen Oeean Drive
@-*ampin*ftl namping shall o
ias
pe+ieds when the velume ef vehieles te be preeessed exeeed+ the reseurees
the designated ramp area, Nete: Use ef the ramp area fer sterage eenstitutes waiver d
than the publie en street eurbside parking spaees previded fer ramping; exeept as
ing-ramps-
fel namping shall n
lanes'
( l) Ramping shall b
+c
ptannins-dire€+er-
Valet eperaters rnay petitien the parking department te utilize a meving lane ef traffie
fer the expedrtieus leading er unleading ef passengers, The expeditieus leading er
te either the autherized ramping area and/er autherized sterage area, A eemmittee d
ia,
ffi
Netes:
Seuth Centerline ef Sth Street, West Biseayne BayrEast Atlantie Oeean,
ln
eenjunetien with the eeeupatienal lieense renewal fer said leeatien(s), All
required eriteria and apprevals eentained he"ein remain in
11
14
3- The valeteperater must previde the fellewing:
g, Off duty petice, ine
the need fer eff duty peliee eentingent upen the
existins-€enditiens=
ramps fer establishments that require valet serviee intermittently, The
ftt Vateteperater
in erder te previde en eall valet serviee:
fZt namping, An ex ing
purpeses, The valet eperater must previde written eensent frem the
iS
purpese, All regulatiens eentained herein remain in effeet and gevern
@
fg) The ramp (passe
time shall signs be plaeed en the readway' impeding vehieular and/er
e
('l) The valet epera
parking permit at the hetel's frent desk,
fOt Sterage, Sterage o
areas, er in leased munieipal s^aees as previded bv the parking department,
elearly identify the vehieles in their pessessien during treentire peried that the
vehiele is in their pessessien, Sueh identifieatien shall be made threugh a
tieket stub affixed te the rear view mirrer ef the stered vehiele and shall
@
vehiele+ in rnunieipal parking faeilities, er at any publie en streeUeurbside
parking spaees is strietly prehibited and shall result in tdssuanee ef a valet
vielalien te the valel eperater,, in the ameunt ef $1 000,00250.00i s vdreh
@
ineluding signs stands and key bexes must be deterrnined by the planning
1: Streef furni.ture
withstand the 'er rs{dimpaet ef the weather and must be maintained in
witl+s+and-s+r€ngwinds. Net eNeeed twenty fet*r (24) inehes in width and
+e*y-eighqa+inches in height
measured frem sidewalk surfaee:
(-#2)+€ur-before the
iee=
l, Street furnitur
+h€
t2
aliraa+ar A* a
15
@
Z, Street turnitur
werds "Valet Parking" the rate eharged fer the serviee an4the heurs ef eperatien'
C, Street furnitur
aBBreBria+e-Ousiness.
ien
Sec. 18-342. - Operation of service.
(a) ldenfifrcafion of renfed spaces. Rented spaces shall be so desiqnated bv the
parkinq department as rented parkinq areas. The desiqnation shall be bv baqged
meters and/or clearlv marked siqns indicatinq the parkinq restriction. The
desiqnation of a ramp for loadinq/unloading shall be bv baqqed meters
and/or clearlv marked siqns indicatinq the parkinq restriction. Each ramp shallbe comprised of no less than two (2). and no more than four (4) parkinq
spaces which mav be comprised of either metered or hotel passenger loadinq
zone spaces. ln no instance shall there be more than one (1) valet operator per
block and no less than two (2). and no more than four (4) parkinq spaces /tuloper space) be permitted. ln such case. new requests for valet parkinq service
shall onlv be qranted throuqh attrition of existinq service on the block. except
upon Ocean Drive between Sth Street and 15th Street.
(bl Rampinq.
(1) Rampinq shall onlv be operated in the spaces provided for rampinq. The
valet operator mav use the movinq lane of traffic durinq periods of hiqh
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) mav be allowed in up to 50 percent of the
desiqnated ramp area. Note: Use of the ramp area for storaqe constitutes
waiver of subsection 7(bX1). Rampinq on public propertv shall not occur in
anv other Iocation than the public on-street/curbside parking spaces
provided for rampinq. except as defined in subsections 7(bxl) and (2).
(2) Valet operators mav petition the parking department to utilize a movins lane
of traffic for the expeditious loadinq or unloadinq of passenqers. The
expeditious Ioadinq or unloading of passenqers is defined as takinq
possession and removal of the vehicle bv either the valet ooerator or vehicle
owner/operator within two minutes of stopping and/or standinq in the
movinq lane of traffic. The vehicle must be immediatelv moved to either the
authorized rampinq area and/or authorized storaqe area. A committee of
three. comprised of two department heads (parkinq director and police
chief. or desiqnees) and a designee of the citv manaqer shall evaluate.
approve. and/or disapprove requests based on one or both of the followinq
criteria:
a. On-street parkinq is not available within one hundred feet of the front door
of the establishment to be serviced:
13
16
a safetv 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 followinq boundaries: North - Centerline of
17th Street. South - Centerline of Sth Street. West - Biscavne Bav.
East - Atlantic Ocean.
2. Requests for the use of a movinq lane of traffic must be resubmitted
annuallv in coniunction with the occupational license renewal for
said location(s). AII required criteria and approvals contained herein
remain in effect. The committee reserves the riqht. on 24-hour notice.
to revoke and/or suspend said approval.
3. The valet operator must provide the followinq:
A. Maintenance of traffic plan (must be approved bv the director
.f "!"r"i"" ""d ,.
B. Off-dutv police. The committee will evaluate and determine
the need for off-dutv police continqent upon the
establishment's location. volume of service. and other
existing conditions.
(c) On-cal/ /hofell valef ramps. Valet operators mav establish on-call valet ramps for
establishments that require valet service intermittentlv. The followinq criteria must be
adhered:
(1) Valet operator must obtain an occupational !icense in order to provide on-
call valet service:
(2) Rampinq. An existing passenqer loadinq zone must be used for rampinq
purposes. The valet operator must provide written consent from the
establishment (hotel) for the use of the passenqer loadinq zone for this
purpose. All requlations contained herein remain in effect and govern the
use of ramp spacesl
(3) The ramp (passenger loading zone) mav be identified with siqns. At no time
shall siqns be placed on the roadwav. impedinq vehicular and/or pedestrian
traffic. All siqns must be approved bv the citv manaqer or his desiqnee. The
use of other traffic devices. includinq cones. and/or anv other device is
strictlv prohibited:
(4) The valet operator must post a current and valid valet parkinq permit at the
hotel's front desk.
(g) Sforaqe. Storaqe of vehicles shall onlv be in private authorized spaces. authorized
ramp areas. or in leased municioal spaces as provided bv the parkinq department.
Other than the leased municipal spaces. there shall be no storaqe of vehicles on anv
municipal propertv whatsoever. Valet operators shall clearlv identifv the vehicles in
their possession durinq the entire period that the car is in their possession. Such
identification shall be made through a ticket stub affixed to the rearview 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 bv
statinq the name of the establishment which the ramp is servicinq. Unauthorized
storaqe of valet vehicles in municipal parkinq facilities. or at anv public on-
14
17
of a valet violation to the valet operator in the amount of $250.00. per occurrence.
Sec. 18-3423. Exceptions.
(a) Valet service Special event. Valet services operatino for a special event mav applv for a
special event permit from the city's tourism and cultural development director. Special event
parkinq shall be restricted to anv event occurrinq no more than twice per vear and lastinq
no lonqer than three davs in lenqth. The special event permit will allow the valet operator to
request from the parkinq department. additional rampinq and/or storage space, if available.
as lonq as it does not reduce the number of parkinq spaces needed to serve the qeneral
public in the area of therequest.
(b) Valet service-Residential. Valet service mav be provided for non-commercial uses.
includino private functions in residentiallv zoned areas. Valet operators must meet the
followinq criteria:
(l] Valet operator must obtain a zero street address occupational license business tax
receipt throuqh the occupational licensinq division/citv finance department:(!l Zero street address license is onlv permitted for use in areas zoned residentiallv:
(Q Zero street address license mav not be simultaneouslv used in multiple residential
locations:
g!) Valet operators must complete a temoorary valet parkinq permit form and submit this
form to the parkinq department three davs prior to the scheduled event.
(Q Note: Temporarv valet parkinq permit requests submitted within less than three (3)
nature. developinq suddenlv and unexpectedlv within less than three workinq davs of
the event and demandinq immediate attention.
The followinq requirements must be satisfied:
(ll Rampinq. Valet rampinq mav be provided either on private oropertv at the location to
be serviced or on public propertv. Rampinq on public propertv shall not occur in anv
other location than the public on-streeUcurbside parkinq spaces provided for rampinq.
Rampinq from a movinq lane of traffic is strictlv prohibited unless authorized bv the citv.
The rampino area shall be determined as stated in subsection 18-361(c) entitled.
number of spaces leased forrampino.
(Q Storaqe. Storaqe of vehicles must be at in comoliance with section 5. entitled. private
storaoe facilities or lots. of valet vehicles and/or section 4, entitled. rental of additional
parkino for storaqe of vehicles. Storaqe of vehicles on public rioht- of-wavs is strictlv
prohibited. unless authorized bv the parkinq department.
a Storaqe on public riqht of wav. Valet operators mav request the use of public riqht
of wav for storaqe u nder the followinq cond itions:
! Private or public storaoe (parkinq lot and/or qaraqe) is not available within
2.500 feet of the location to be serviced:
Z All prohibited parkinq requlations (fire hvdrants. crosswalks. etc.) are strictlv
enforced.
See;18 34 34, Pen
deliverine a vehiel
assiened ramp fer ever
F+s+-e#ense+$l€0$Of#arnin€
S€€€irqC-€#ense+$45e00f#a+Binq
15
18
$150;00 2000:00 an
Fifth €#ense-€r
ffi;
er in unautnerizee pr
fg) Operaf,en wfhesf a pe
t$ Penalty fer lapso
e#enseherda1+(5) Ne nan e fag, $25,0
fZt rue vatta fAnaa Bnvert trce
@ien
fC) Nenoenpranoe w#yab
ine,
ie
+e€a+i€+
ien
is-epe+a+ienatl
e, Part<ing and traff
vielatien,
(1Ol Failure te eemply with any previsien ef the appreved Valet Parking Qperatienal Plan,
ineluding staffing and sterage spaees/leeatiens $1 000 per effense-
(111 Selieitatien fer valet parlcing serviee en any pertien ef the right ef wav inelading
sidewall<s parl<ing spaee er readway $1,9QQ per etfense,
tt4Vatet Parfing St
(l) A vielatien ef A4iele Vlll, exeept as speeifieally set ferth herein, shall be
Wines.
ii,- lf the vielatien is the seeend vielatien within the preeeding
twelve menths, there shall be *eivil fine ef $2,000,00;
iii, tf tne getatl
t6
$250S@
privileees, Nletl
@
$500:00 lndefinlte
Maste+
MandateFv referral- te S
19
iv, lf the vielatien is the feurth er subsequent vielatien within the
preeeaing twelve mo
(4 A vielatien ef Seetien 18 310, shall be subjeet te the fellewing fines:
g4o4q
ii, tf tne vietatio
monthet there shall
+ii- tf tne vietatl
menlhs, there shall be a eivilfine ef $500,00;
iv, t tne vietatio
preeeding nine menths, there shall be aeivil fine ef $1,000,0&
i
wie*
0 tf tne effense is
valet eperater, valet permit helder, preperty ewner, eempany er
(iD lf the effenee is a feurth er subseqaent effense, in additien te any fine
set ferth in Sabseetien 18 343(4)(1 ), the valet eperater, valet permit
neUer, prepertY ew
inees
tax reeeipt er tne e
permit neUer, pro
Oeen aeemeA-* naOit
(4) Enfereement, The Miami Beaeh eity's Parking Department and the Miami
Beaeh Peliee Department shall enferee this seetien artiele, This shall net
ing
enfereement effieer er peliee effieer finds a vielatien ef this Artiele(eX1) er
(eX2); the parking enfereement effieer er the peliee effieer will be
instruetiens and due date fer paying the fine, that the vielatien rray be
within ten (10) days after serviee ef the netiee ef vielatien, and that the
failure te appeal the vielatien within ten (10) days ef serviee shall eenstitute
in+
(5) Rights ef vielaters; payment ef fine; right te appear; failure te pay eivil fine
er te appeali appeals frem deeisiens ef the speeial master'
(l) A vielater whe has been served with a netiee ef vielatien must eleet te
eithe#
(a) BaV tne eivit t ien=
ef
t7
20
the serviee ef the netiee ef vielatien,
vielatien shall be as set ferth in seetiens 30 72 and 30 73 ef this Gede,
(?) lf the named vielater, after issuanee ef the netiee ef vielatienr fails te
ing
time peried shall eenstitute a waiver ef the vielater's right te an
@
(9 A eertified eepy ef an erder impesing a fine may be reeerded in
the public reeerds, and ther iea-upen--aay
reat s persenal pro
enfereed in tBsame manner as a eeurt judgment by the sheriffs ef
tnis state ineUain
enfereement purpeses, Qter after the sixty first (61st) day fellewing
fereetese er etne ien-
(9 Any Barty aggrieved by a deeisien ef a speeial master may aepeal
ie*
(10) The speeial master shall be prehibited frem hearing the merits ef
tp netiee ef vietatio
an agministrative
fre+i€e-€+-vi€1a+i€n;
(11) The speeial rnaster shall net have diseretien te alter the
Enfereement: The parking department shall enferee the previsiens ef this divisien, The
ing
+n'
This shall net preelude ether law enfereement ageneies er regulatery bedies frem any aetien
as neeessary te assurc
be amended frem time te time, The netiee shall inferrn the vielater ef the nature ef the
vielatien, ameunt ef fine fer whieh the vielater may be liable; instruetiens and due date ferpayi ins----an
vielatien and thal failure te appeal the vielatien within the ten days, shall eenstitute an
in+
(1) ltlegat ramping, ttlegat use ef publie right ef way fer the purpese ef aeeepting s
*
stered in the assigned ramp fer ever 15 minutes,
l8
21
(el Rights ef vielaters;payment ef fine; right te appeal' failure te pay fine, er te appeal,
a, Pay the eivil fine in the manner indieated en the netiee: er
vielatien befere a speeial- master appeinted by the City eemmissien upen
reeemmendatien ef the eity manager, te appeal the deeisien ef the parking
vi€latien=
(2) The preeedures fer appeal by administrative hearing ef the netiee ef vielatien shall be
as set ferth in seetiens 30 71 and 30 72 ef this Cede; and amendments therete,
ef sueh failure by repert frem the parking department, Failure ef the named vielater
kealed as an admissien ef the vielatien and penalties may be assessed aeeerdingly,
@ien
@ ftt fne eity may ins
@
ie
reeerds and thereafter shall eenstitute a lien upen any ether real er persenal preperty
ewned by the vielater and it may be enfereed in the same manner as a eeurt judgment
OV tne sneriffs ef tnl
frem the filing ef any sueh lien remains unpaid; the eity may fereelese er
@ien=
fat ns an aAAitiena
fellew preeedures te reveke an eeeupatienal lieense as set ferth in this Gede when
iveien=
f+t naeitienattV,
ing
ie+s'
patren's vehiele whieh is in the pessessien ef the valet eperater at the time ey'eharge
is ineurred, This dees net preelude the valet eperater frern alse being eited by the
parking department fer vielatiens ef this seetien artiele whieh resulted in-the impesitien
ef the fines and fee,
Sec. 18-344. - Enforcement: fine schedule: riqht of appeal,
(a) Enforcemenf: The parkinq department shall enforce the provisions of this division.
The police department and code enforcement department shall also assist the
parkinq department in the enforcement of the valet operators code of conduct. as
set forth herein. This shall not preclude other law enforcement aqencies or
requlatorv bodies from anv action as necessarv to assure compliance with this
division and all applicable laws. lf a parkinq enforcement specialist finds a violation
19
22
to the violator as provided in section 30-78. as mav 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 mav be liable. instructions and due date for paving the fine.
notice that the violation mav be appealed bv requesting an administrative hearinq
before the special master within ten davs after service of the notice of violation and
that failure to appeal the violation within the ten davs, shall constitute an
admission of the violation and a waiver of the riqht to a hearinq.
(b) Frnes. The followinq civil fines shall be imposed for each violation per location:
(1) l/Iesal ramprns. llleqal use of public riqht-of-wav for the purpose of
acceptinq or delivering a vehicle or acceptinq or delivering a vehicle when a
vehicle is stored in the assiqned ramp for over 15 minutes.
Violations:First Offense:$1s0.00
Second offense:$1s0.00
Third offense:$1s0.00
Fourth offense:$150.00
Fifth offense or
subsequent offense:
Mandatorv referral
to special master
(2) I/Ieqal sforaqe. llleqal storaqe of vehicle(s) in public facilities and/or public
riqht-of-wav or in unauthorized private storaqe Iocation(s) as described in
permit (occupational license).
Violations:First offense:$2s0.00
Second offense:$2s0.00
Third offense:sso0.00
Fourth offense:$500.00
20
23
-t'ilth oilense or
subsequent
offenses:
Mandatory relerral
to special master
(31 Operation without valet permit. $50.00 per offenselper dav.
(41 Penaltv for lapse in required insurance coveraqe (from date of
/apsel. $150.00 oer offense/per dav.
(5) No name taq. $25.00 oer offense.
(6) No unr'form. $25.00 per offense.
(7) No valrd F/orida driver's lrcense. $25.00 per offense and immediate removal
of the emplovee from the valet operation.
(81 Non-compliance with valet emplovee list. $25.00 per dav.
(9) Specral masfer review. !n addition to the factors set forth in subsection 30-
74(e). the special master mav consider. inter alia. the following factors when
determininq the amount of the fine:
a.
Number and tvpe of violations under permit where violation oriqinated
(specific location).
b.
Permitted location utilization (hours/number of davs a week location is
operational).
c.
Parkinq and traffic conditions existinq at the subiect location at the time of the
violation.
(c\ Riqhts of violators: pavment of fine: right to appeal: failure to pav civil fine, or to
aooeal.
(1) A violator who has been served with a Notice of Violation shall elect either
to:
a. Pav the civil fine in the manner indicated on the notice: or
b. Request an administrative hearinq within ten davs of receipt of the
violation before a special master appointed bv the citv commission
upon recommendation of the citv manaqer. to appeal the decision of
the parkinq department or other department which resulted in the
issuance of the notice of violation.
(2) The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-71 and 30-72 of this Code. and
amendments thereto.
(3) If the named violator after notice fails to pav the civil fine or fails to timetv
request an administrative hearing before a special master. the special
master shall be informed of such failure bv report from the parkinq
department. Failure of the named violator to appeal the decision of the
2l
24
waiver of the violator's riqht to administrative hearing before the special
master. A waiver of the riqht to an administrative hearinq shall be treated as
an admission of the violation and penalties mav be assessed accordinqlv.
(4) Anv partv agqrieved bv the decision of a special master mav appeal that
decision to a court of competent iurisdiction.(dl Recoveru of unpaid fines.
(1) The citv mav institute proceedinqs in a court of competent iurisdiction to
compel oavment of civil fines.
(2) A certified copv of an order imposing a civil fine mav be recorded in the
public records and thereafter shall constitute a lien upon anv other real or
personal propertv owned bv the violator and it mav be enforced in the same
manner as a court iudqment bv the sheriffs of this state. includinq lew
against the personal propertv. but shall not be deemed to be a court
iudqment except for enforcement purposes. After two months from the filing
of anv such Iien which remains unpaid. the citv mav foreclose or otherwise
execute upon the Iien.
(3) As an additional means of enforcement" the citv mav seek iniunctive relief
and/or follow procedures to revoke an occupational license as set forth in
this Code when there are repeated violations of this division.
(4) Additionallv. the parkinq department. shall withhold issuance of anv new
valet permits and leased public on-street/curbside valet parkinq spaces. and
suspend current valet permits until past due violations are paid in full. The
parkinq department reserves the riqht to brinq forward to the special master
anv oartv who has waived their right to appeal and has over three
outstanding violations.
(e) Valet operator's responsibilify for vehrcles ln fheir possession. Valet operators shall
pav all fines and fees. including towinq charqes. arisinq in connection with a patron's
vehicle which is in the possession of the valet operator at the time such charqe is
incurred. This does not preclude the valet operator from also beinq cited bv the
parkinq department for violations of this section which resulted in the imposition of
the fines and fee.
Secs. 1 8-34!5--18-360. Reserved.
SECTION 3. Article Vlllof Division 3 of Chapter 18 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 18
BUSINESSE
S
***
ARTICLE Vlll. Parking Lot
22
25
DIVISION 3. Rentals
Sec. 18-361. Rental and operation of municipal parking spaces.
(a) Rental of publicspaces for ramping. The parking department shall rent to the valet operator
public on-streeVcurbside parking spaces that shall be used for ramping of vehicles or
storage of vehicle(s) (storage is defined as the stopping, standing, or parking of an
unoccupied vehicle(s) for over 15 minutes five (5) minutes or longer within the designated
loading area). ln no event shall storage take place in over 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 valet employees. Ramping shall only be operated in the public on-streeVcurbside
spaces provided by the parking department for ramping or moving lane of traffic as
described in subsections 7(b)(1) and (bX2). A vehicle will be considered stored if it remains
in the ramping area for more than five (5) minutes or longer. The operator may choose to
store vehicle(s) in no more than 50 percent of the ramp area. Upon eyercising said option,
the valet operator waives the right to use the "moving lane of traffic" provision as described
in subsections 7(b)(1) and (2). Ramping on public property shall not occur in any other
location than the on streeUcurbside spaces provided for ramping, except as described in
subsections 7(bX1) and 7(bX2).
Leased spaces Space rentals shall not be blocked by any type of sign, structure or other
type of object. Leased spaces Space rentals shall not be cordoned off by any type of
signage, rope or barrier of any kind, except that signage provided by the city indicating the
designation of the restricted valet parking area. At its sole discretion and judgment, the
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. lf 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-streeUcurbside spaces. The parking department shall post in the
offices of the parking department, the fee for use of public on-streeUcurbside spaces. All
valet parking meterspace rental fees are codified in Ord. No.2000-3267. All additions or
changes to existing leased public on-streeVcurbside parking spaces for ramping, shall be
paid upon request. All valet space lease requests shall be required in writing to the parking
director or his/her designee, 24 hours in advance, and received no later than 3:00 p.m.
daily. Exceptions shall be assessed a $250.00 orocessino fee and lease cancellations not
made within the prescribed period will be assessed a $20.00 $50.00 processing fee.
(c) Number of spaces leased for ramping. The amount of ramping spaces available to the valet
operator shall be determined by the frontage of the establishment being serviced provided
that there is sufficient public on streeVcurbside spaces available for ramping, as determined
in the sole discretion of the parking department director.
(d) Subletting. Leased public on-streeUcurbside or off-street spaces may not be sublette
another valet parking operator.
23
26
Sec. 18 362. Rental of additiona! 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. 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 12 hourperiod ata rate of $10.00 perspacq/perday. Fees
shall be paid in full, 24 hours in advance of the special event.
Secs. 18-36.i3-18-395. Reserved.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shalltake effect on the tenth (1OtlOay following its adoption.
20
27