Ord. No. 01-99-1675ORDINANCE NO. 1 -99 -1675
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VALET
PARKING; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY CREATING SECTION 20-
4.4 (L) ENTITLED "VALET PARKING "; PROVIDING FOR SPECIFIC
VALET DROP- OFF/PICK —UP RAMP REGULATIONS, PROVIDING A
VALET PERMIT REQUIREMENT; PROVIDING FOR RENTAL SPACES
GUIDELINES AND FEES FOR PUBLIC ON- STREET /CURBSIDE PARKING
SPACES; PROVIDING FOR A VIOLATIONS FINE SCHEDULE;
PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR A
VALET OPERATOR EMPLOYEE CODE OF CONDUCT; AND PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 20 -4.4 of the City of South Miami Land Development Code. titled
"Off- street parking requirements ", regulates parking in the City of South Miami; and,
WHEREAS, valet parking is an efficient and effective method to curtail traffic congestion
as well as enhance customer service; and,
WHEREAS, the impending increase in traffic and parking activity in the downtown
district dictates a need to amend the code by creating a number of regulations which include an on-
street space rental fee schedule, valet passenger drop - off /pick -up ramp operating guidelines, a
violations fine schedule to enforce valet regulations, and an employee /valet operator code of
conduct; and,
WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be in
the interest of the public health, safety, and welfare to authorize valet parking and to enact
appropriate regulations for the activity.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT SECTION 20 -4.4 OF CHAPTER 20, OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, ENTITLED "OFF- STREET
PARKING REQUIREMENTS" IS HEREBY AMENDED AS FOLLOWS:
Section 1. Section 20 -4.4 (L) of the City of South Miami Land Development Code is
created to read:
(L) Valet Pinking Permits for Use of Public Property
(1) Separate Permit Required
The City of South Miami shall issue valet parking permits to valet operators who conduct their
operations on public property and who meet the requirements of this section. No valet parking shall
occur on public property without the operator securing a valet parking permit from the City. A
separate permit is required for each ramp location where valet parking services are provided. Valet
parking permits shall only be issued to operators who are licensed by the City of South Miami
pursuant to this Chapter.
(2) Permits
(a) Requirements
No Valet Parking permit shall be issued without the proof of the following-
i. Approval from the City's Risk Manager indicating that the valet parking operation has
met the following insurance requirements:
1. Commercial general liability or damage liability insurance in the amount of
$1,000,000.00 per occurrence, and in the aggregate, and per location covering bodily
injury and property damage resulting from the valet operators' activities connected with
the handling of vehicles on public property. This policy must name the city as an
additional insured and provide that the policy provides primary coverage.
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2. Garage keepers legal liability insurance to provide collision and comprehensive
coverage for vehicles under control of the valet parking operation with minimum limits
of $300,000.00 per location with a maximum Self Insured Retention (SIR) or
deductible of $1,000.00.
I All required insurance policies are to be issued by companies rated A or better per
Best's Rating Guide, and rated FPR 6 or better per Best's Vulnerable FPR Rating Scale,
applying the latest edition. The policies must provide the City with thirty (30) days
written notice of cancellation.
4. 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 prior to the issuance of a permit and upon request by the
Risk Manager.
5. Each valet operator applying for a permit for use of public property shall execute an
agreement approved by the City Attorney providing that the valet parking operator
shall indemnify, hold harmless and defend the City and its officers, agents and
employees against and assume all Iiability 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 places for the purpose 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 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
injurv. loss of life or limb or damage to property sustained by any person, firm,
corporation or other business entity.
ii. If incorporated, the valet operator shall provide a copy of a certified certificate of good
standing.
iii. Notarized written authorization on company letterhead from the owners /operators of the
City - licensed commercial establishments for which the valet operator is providing parking
services.
iv. Valid occupational license.
v. Identification of the location of vehicle storage space, and proof in the form of an executed
lease or rental agreement or notarized letter of authorization from the owner of the
property, which shall include the number of spaces authorized for use by the valet
operator, and term of the lease for storage space sufficient to service the establishment for
which the permit will be issued. The storage space obtained will be reviewed for
sufficiency by the City.
(b) Term and Renewal
i. The term of each permit shall be for one year_
ii. Renewal shall be on an annual basis and shall only be granted after approval from the
City of South Miami.
(c) Cancellation and Revocation
The City shall cancel and revoke the permit if the valet operator no longer services the
commercial establishment that authorized its operation at that location. This cancellation
and revocation may be effective whether:
i. The valet operator voluntarily discontinues service to the establishment;
ii. The establishment cancels and revokes authorization for the valet operator to service
the location;
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iii. The City cancels and revokes authorization for the valet operator to service the location.
Cancellation and revocation of the valet permit by the City under any of the above
scenarios shall be effective immediately upon service of the notice of cancellation.
Under subparagraph "c" above, the City shall inform in writing the commercial
establishment being serviced by the valet operator of the cancellation and revocation.
Service of the notice of cancellation and revocation shall be by hand delivery or
certified mail, return receipt requested.
(3) Rental and Operation of Municipal Parking Spaces
(a) Rental of Public Spaces for Ramping
The City shall rent to the valet operator public on- street/curbside parking spaces that shall
be used only for the ramping of vehicles. Ramping of vehicles shall consist of allowing
customers to enter or exit a vehicle and to turn it over to or retrieve it from valet
employees. Ramping shall only be operated in the public on- street /curbside spaces
provided for ramping. There shall be no storage of vehicles in the area designated for
ramping. A vehicle will be considered stored if it remains in the ramping area for more
that fifteen (1 5) minutes. This policy will be modified after all establishments serviced
by the ramp are closed for further business. At this time the City may, at its own
discretion. allow vehicles of remaining customers to be parked on the spaces leased for
ramping.
Ramping on public property shall not occur in any other location than the on-
street/curbside spaces provided for ramping. Any type of sign, structure or other type of
object used to identify the ramp shall not block leased spaces. Vehicle key lock boxes
used at the ramp location are not to obstruct pedestrian or vehicular traffic. Leased space
shall not be cordoned off with posts. chains or signage of any type except that approved
by the City indicating the designation of the rented valet parking area. At its sole
discretion and judgement. the City shall provide to the valet operator ramping space in
close proximity to the establishment being serviced. if sufficient spaces are available and
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if the location is considered appropriate. if there is not sufficient space available for
rental in front of the establishment, the City shall lease spaces as close to the
establishment as possible. Ramping will not be allowed if the City 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 fee for use of rented spaces shall be $9.00 per space per day, seven days per week,
based on a twelve hour period defined as the hours between 6:00 p.m. to 6:00 a.m. use,
and $15.00 per space per day, seven days per week based on twenty -four hour use.
Fees shall be paid in advance on a monthly basis, commencing on the date the locations
are rented to the valet operator by the City. Advanced payment for meter rentals shall
not be made for a period exceeding one month. All additions or changes to existing
leased public on- street /curbside parking spaces for ramping, shall be paid upon request.
All valet space lease requests shall be required in writing to the City Manager or his/her
designee, twenty -four hours in advance, and received no later than 3:00 P.M., daily.
Exceptions and lease cancellations not made within the prescribed period will be
assessed a $20.00 processing fee. The rental fee structure will be reviewed and may be
adjusted periodically by the City.
(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 at the sole discretion of
the City.
(d) Subletting
Leased public on- street/curbside spaces may not be sublet.
(4) Rental of Additional Parking for Storage of Vehicles for Special Events /Program
Storage space required for the operation of a valet service must be provided in parking lots.
Facilities must meet all applicable Code and Ordinance requirements of the City of South
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Miami. The City may lease additional valet spaces for the storage vehicles for special events,
special programs, or at the request of the valet operator if the proposed valet storage does not
take away from public parking demand in the area. The fee for use of storage parking spaces
shall be based on a twelve -hour period at a rate of $10.00 per space /per day. Fees shall be paid
in full twenty -four hours in advance of the special event or program.
(5) Private Storage of Valet Vehicles
Valet operators shall store vehicles on private parking lots which are properly zoned and
permitted as parking lots. The valet operator shall provide to the City 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.
(6) Employees and Valet Operators Code of Conduct
The valet parking operator shall require its employees and independent contractors to meet
the following requirements:
(a) All employees who operate motor vehicles shall have a valid Florida driver's license in
good standing and shall abide by all City of South Miami and Miami -Dade County traffic
regulations.
(b) All employees shall be in similar uniform.
(c) All employees shall wear on their uniform a name tag using printed letters of an easily
legible print size identifying the employee's name. Such tag must be placed in a visible
Iocation such as the employee's chest.
(d) All employees shall perform their duties in a courteous and professional manner.
Employees found by the City, at its sole discretion and judgement, to perform their duties
in a manner that is disruptive to the peaceful enjoyment of the surrounding neighborhood
or in a reckless or unprofessional manner, shall be cause for the City to request the
immediate removal of the employee from the valet operation. The City shall issue a Valet
Code of Conduct warning to the valet operator for any employee found to perform his
duties in a disruptive or discourteous manner. The valet operator will have thirty minutes
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v from the issuance of the warning to remove the employee from its operation for a twenty-
four hour period. The employee may not be moved to any other valet location in the City
of South Miami. If the employee is not removed within the requisite thirty minute period,
the City shall issue a Valet Code of Conduct Violation.
(7) Operation of Service
(a) Identification of Leased Spaces
Leased spaces shall be so designated by the City as leased parking areas. The designation
shall be defined by bagged meters and /or clearly marked signs installed on each meter
post indicating the parking restriction.
(b) Ramping
Ramping shall only be operated in the spaces provided for ramping. There shall be no
storage of vehicles in the area used for ramping. Ramping on public property shall not
occur in any other location than the public on- street /curbside spaces provided for ramping.
Ramping from a moving lane of traffic is strictly prohibited.
(c) Storage
Storage of vehicles shall only be in private spaces or in leased municipal spaces as
provided by the City. Other than the leased municipal spaces, there shall be no storage of
vehicles on any municipal property whatsoever. The valet operator shall clearly identify
the vehicles in their possession during the entire period that the car is in their possession.
Identification shall be made through a ticket stub visibly placed on top of the dashboard of
the stored vehicle and shall state the name of the valet operator and identification of the
ramp from which the vehicle was retrieved. 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 $200.00 per occurrence.
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8) Exceptions
(a) Valet services operating for a special event may apply for a special event permit from the
City's Manager office. 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 City, 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.
(9) Enforcement Fine Schedule and Right to Appeal
(a) Enforcement
The City shall enforce the provisions of this Ordinance, including the Valet Operators
Code of Conduct. If a violation of this ordinance is found, the City shall issue a Notice
of Violation to the violator. The Notice shall inform the violator of the nature of the
violation, amount of the fine for which the violator may be liable, instructions and due
date for paying the fine, and notice that the Violation may be appealed by requesting a
hearing before the City's Code Enforcement Board. Failure to appeal within ten days
after service of the notice of violation shall constitute and admission of the violation and
a waiver of the right to a hearing.
(b) The following civil fines shall be imposed for each violation:
1. Operation without Valet Permit
2. Unauthorized/Illegal Ramping
3. Unauthorized /Illegal Storage
4. Penalty for Lapse in Required Insurance Coverage
Immediate cessation of
service and $250.00
$150.00 per offense
$200.00 per offense
Immediate cessation of
service and $150. In cases
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5. No Name Tag
6. No Uniform
7. No Valid Florida Driver's License
where more than one day has
lapsed, $150 per day fine
from date of lapse.
$ 25.00 per offense
$ 25.00 per offense
$ 25.00 per offense /and
immediate removal of the
employee from the valet
operation.
(c) Rights of violators, payment of fine, right to appeal; failure to pay civil fine, or to appeal.
i. A violator who has been served a Notice of Violation shall elect either to:
1. Pay the civil fine in the manner indicated on the Notice; or
2. Request an administrative hearing within ten days of receipt of the violation before
the Code Enforcement Board.
ii. The City of South Miami may institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
iii. Additionally, 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 (2) months from the flag of any such lien which remains unpaid, the City of
South Miami may foreclose or otherwise execute upon the lien.
to
iv. As an additional means of enforcement, the City will revoke the valet permit when
there are repeated violations of this Ordinance. Specifically, any two (2) violations
issued within a three month period for the following operational deficiencies may
result in the revocation of the valet permit:
Unauthorized /Illegal Ramping
Unauthorized /Illegal Storage
(d) Valet Operator's Responsibility for Vehicles in their Possession
Valet operators shall pay all fines and a fee, including towing charges, arising in connection
with a patron's vehicle that is in the possession of the valet operator at the time the charge is
incurred. This does not preclude the valet operator from also being cited for violations of
this section which resulted in the imposition of the fines and fee.
(10) Compliance Date
All valet operators in the City of South Miami shall comply with this Section within 30 days of
its approval by the City Commission on second reading.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed. If any section, subsection or provision of this Ordinance is
held invalid, the remainder shall not be affected by such invalidity.
Section 4. The provision of this ordinance which amend the City of South Miami
Code of Ordinances shall be published in the Code.
Page 2 of Ordinance No. 1 -99 -1675
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED and ADOPTED this 5th day of January 1999.
APPROVED:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I5' Reading 11/7/98
2nd Reading 1/5/99
COMMISSION VOTE: 5 -0
Mayor Robaina: Yea
Vice Mayor Oliveros: vpa
Commissioner Bethel:. Yea
Commissioner Feliu: Yea
Commissioner Russell: Yea
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and Commission DATE: January 5, 1999
FROM: Charles D. Scurr RE: Agenda Item # d
City Manager Approval of Valet Parking
Ordinance to Regulate Operations on
Public Property — Second Reading
The attached resolution for approval of a valet parking ordinance aimed at regulating
valet operations on public property is being presented for first reading.
BACKGROUND
With the revitalization of the downtown district and the impending opening of the Shops
at Sunset Place, the "valet" mode of parking is expected to become attractive to a number
of merchants. This expectation has been confirmed by the Administration through
discussion with merchants in recent months. These businesses see valet as an opportunity
to enhance customer service. In addition, the advantages offered by valet parking are
particularly effective when peak period parking demand exceeds available inventory.
These advantages include:
• Expeditious removal of vehicles from the main traffic flow, thereby easing congestion.
. Maximization of off - street parking storage by parking vehicles in close arrangement.
• Increased security for vehicles stored in off - street facilities.
Presently, valet operations within the city require the approval of a Special Use Permit.
This process requires Planning Board review and Commission approval. It is a lengthy
and cumbersome process that is not suited for the projected increase in valet parking
activity in South Miami. Furthermore, the permit process does not provide the regulatory
mechanism required to address valet parking in the City.
ANALYSIS
Among the issues addressed by the City's parking committee in the past months was the
valet regulatory issue. A number of valet ordinances in use by other municipalities were
reviewed. The characteristics of the downtown district, which include limited parking
\continued...
MAYOR AND COMMISSION JANUARY 5, 1999 PAGE TWO
capacity, on- street metered parking, and a wide mix of stores and restaurant storefronts,
are quite similar to the cities of Coral Gables and Miami Beach. Over the past three
years, Miami Beach has been actively evaluating its 1994 valet ordinance. This
document was amended approximately three months ago, and appears to be working well
despite that city's challenging peak period valet parking situation.
The ordinance developed is quite similar to Miami Beach's in that it focuses on three
important aspects of valet operations on public property: (1) on- street vehicle dropoff and
pickup ramping practices; (2) protection of on- street and off - street public parking from its
use as valet storage; and (3) establishment of an extensive "Code of Conduct" to promote
good customer service and minimize safety concerns.
A permit will be required for each specific valet ramp location. The permit requirements
will include confirmation that an agreement between the merchant and the valet operator
is in place, insurance requirements, and confirmation that legitimate storage spaces have
been secured. The ordinance established a mechanism that allows Administration to set
the ramps at specific locations based on traffic safety. traffic congestion, and customer
service considerations. The initial ramp location plan is attached. Changes, deletions,
and additions to this plan will be made periodically and/or on a case -by -case basis when
valet service requests warrant it.
The attached valet ordinance has been reviewed by the City Attorney. It has also been
discussed twice with interested merchants and presented once to interested valet operators
and the Planning Board at the October 13 "' and December 30 " meetings.
CONCLUSION AND RECOMMENDATION
On December 30 "', the Planning Board voted 6 -0 to approve the ordinance subject to the
modifications noted in the attached meeting minutes. The changes have been
incorporated in the current document.
Approval of the valet parking ordinance is recommended.
Attachments
Excerpted Planning Board Minutes
Special Meeting, December 30, 1998
B. ITEM: PB -98 -024
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VALET PARKING;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY CREATING SECTION 20 -4.4 (L) ENTITLED
"VALET PARKING"; PROVIDING FOR SPECIFIC VALET DROP -
OFF/PICK—UP RAMP REGULATIONS, PROVIDING A VALET PERMIT
REQUIREMENT; PROVIDING FOR RENTAL SPACES GUIDELINES
AND FEES FOR PUBLIC ON- STREET /CURBSIDE PARKING SPACES;
PROVIDING FOR A VIOLATIONS FINE SCHEDULE; PROVIDING FOR
INSURANCE REQUIREMENTS; PROVIDING FOR A VALET
OPERATOR EMPLOYEE CODE OF CONDUCT; AND PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
1. Following consideration of the alleyway closure ordinance, the Board took a recess at 11:45
a.m.
2. The Board reconvened, and Mr. Scurr (City Manager), Mr. Basu (Planning Director), Mr.
Rodriguez (Public Works Director), and Mr. Stroyne (Parking Director) joined the meeting for
consideration of the valet ordinance.
3. Mr. Gary Illas read the request into the record.
4. Mr. Rodriguez presented the item to the Board, providing background information relating to
the new ordinance, including presentation to the City Commission on November 17, 1998.
5. Mr. Rodriguez noted that the proposed ordinance accomplishes three goals: 1) permits valet
parking on public right -of -ways, 2) regulates valet operations, and 3) establishes a mechanism
for monitoring valet parking.
6. Mr. Rodriguez continued by noting that the new ordinance contains three elements: 1) permit
requirements, 2) operational requirements, and a 3) code of conduct.
7. The public meeting continued.
S. As a point of clarification, Mr. Scurr and Mr. Rodriguez noted that routine enforcement
involving valet parking falls under the jurisdiction of Parking, while having a combined effort
with both the Police Department and the Public Works Department.
9. The public hearing was opened.
Excerpted Mins 12 -30 -98
10. Agreement was reached that additions and deletions be made to further update the new
ordinance as consideration by the City moves forward., including for the following:
a. Have language that name tags for valet parking employees must be visible.
b. Consider bonding, and to clarify with the City Attorney as to whether the City can require
bonding of valet employees; and that such language pertaining to bonding would be included in a
new 6 (e); under operators code of conduct.
c. Page 8, first paragraph, language requiring submittal of copies of valet employees' Florida
drivers license be deleted.
d. Page 3, second paragraph, involving (c), delete second sentence Any deviation from this
requirement is subject to the City manager's approval.
e. Page 3, also involving (c), that the numbers pertaining to the financial strength of an insurance
company be included with the rating of such a company.
f. Add language concerning storage of keys and location of key box, so as not to create an
obstruction.
g. Change fee for use of rented spaces from $6,00 to $9.00 per space per day.
h. Move language page 6, item c, The rental fee structure will be reviewed and may he adjusted
periodically by the City, to page 6, item b.
i. Change language in item b, page 6, to reflect that fees be paid on a monthly basis, such as not
to exceed one month, as opposed to payment on a bi- weekly basis.
j. Have standard signage, to be addressed under the City's updated signage code, containing
specific language on a free- standing pole sign, with small signs attached to meters, below the
meter head, indicating hours of valet parking.
k. Define violations involving a chronic situation, such as with two operational violations in a
quarter.
1. Add language regarding user fees, that is posting of fees, on signage.
m. Correct any scrivener's errors, such as on page 9.
n. A representative from Jada Restaurant, located on Sunset Drive, spoke before the Board;
however, he did not sign in for the record. The representative emphasized that restaurant
clientele expect parking, valet or otherwise, to be readily available near the restaurant location.
11. The public hearing was closed.
Excerpted Mins 12 -30 -98 2
12. Following the public hearing, the Board voted on the matter.
13. Motion: Mr. Morton moved approval of the ordinance, including the aforementioned
additions and/or deletions. Mr. Lefley seconded the motion.
14. Vote: Approved 6 Opposed 0
Excerpted Mins 12 -30 -98