09-15-09 Item 23South Miami
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CITY OF SOUTH MIAMI
1927 I
OFFICE OF THE CITY MANAGER
o app INTER- OFFICE MEMORANDUM zoos
To: The Honorable Mayor & Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director
Planning and Zoning Department
Date: September 15, 2009 Agenda Item No.:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE LAND DEVELOPMENT
CODE BY MODIFYING SECTION 20- 4.4(I) AND REMOVING SECTION 20- 4.4(M) ENTITLED
"VALET PARKING PERMITS" IN ORDER TO PLACE THE SAME PROVISIONS IN
SECTION 15(C) OF THE. SOUTH MIAMI CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. ,
BACKGROUND:
The City Administration recently determined that as part of the current budget process that certain
adjustments in City fees will be needed. It was discovered that the fees for the use of on- street metered
parking spaces as part of a valet parking operation are contained in Land Development Code (LDC)
Section. 20- 4.4(M) entitled "Valet Parking Permits" (see attached). This section also provides regulations
on applications, operational standards, fees, and violation fine schedule for valet parking permits. Any
changes to the operational standards or fees charged as set forth in LDC Section 20 -4.4 (M) would require
research by the Planning and Zoning Department and public hearings by the Planning Board.
In reality LDC Section 20 -4.4 (M) is an administrative procedure and is not related to land use, zoning or
development issues and therefore should be removed from the Land Development Code. This problem
was recognized several years ago by the Zoning Task Force and during the current LDC re -write being
conducted by staff.
STAFF OBSERVATION
The best solution to the problem is the removal of this section from the LDC and its placement in the
general chapters of the Code of Ordinances specifically as Section 15C to be entitled "Valet Parking
Permits for the Use of Public Property ". This can be done by the adoption of a LDC Amendment
ordinance removing the section and the simultaneous adoption by the City Commission of a separate
ordinance placing the section in its entirety into City Code as Section 15C. At that time the
Administration can adjust the fee schedule and make any other revisions felt necessary.
Please note that the attached draft ordinance also modifies LDC Section 20- 4.4(I). A revision is needed
because that section references the valet parking regulations. The reference will refer to the new City
Code Section 15C.
2
RECOMMENDATION
It is recommended that the attached draft ordinance amending the Land Development Code be approved.
Attachments:
Draft ordinance
LDC Section 20 -4.4 (M)
Public notices
TJ VISA Y
X.• I Comm Items 1200919- 15- 091DC Amend Remove Valet CM Report. doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE LAND
5 DEVELOPMENT CODE BY MODIFYING SECTION 20- 4.4(I) AND REMOVING
6 SECTION 20- 4.4(M) ENTITLED "VALET PARKING PERMITS" IN ORDER TO
7 PLACE THE SAME PROVISIONS IN SECTION 15(C) OF THE SOUTH MIAMI
8 CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
9 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, The Land Development Code (LDC) contains Section. 20- 4.4(M),
12 entitled "Valet Parking Permits" provides regulations on applications, operational
13 standards, fees, and violation fine schedule for the use of on- street metered parking spaces
14 as part of a valet parking operation; and
15
16 WHEREAS, LDC Section 20 -4.4 (M) is implemented and enforced by the City's
17 Parking Division; and
18
.19 WHEREAS, any changes to the operational standards or fees charged as set forth in
20 LDC Section 20 -4.4 (M) would require research by the Planning and Zoning Department
21 and public hearings by the Planning Board; and
22
23 WHEREAS, LDC Section 20 -4.4 (M) is an administrative procedure and is not
24 related to land use, zoning or development issues and therefore should be removed from
25 the Land Development Code and placed in the general chapters of the Code of Ordinances
26 specifically Section 15C to be entitled "Valet Parking Permits For Use of Public Property ";
27 and
28
29 WHEREAS, the Planning Board at its August 25, 2009 meeting, after public
30 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending that Section 20 -4.4
31 (I) be modified and that proposed amendment removing Section 20- 4.4(M) of the Land
32 Development Code be approved; and
33
34 WHEREAS, the City .Commission desires to accept the recommendation of the
35 Planning Board and enact the aforesaid amendment.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. That Land Development Code Section. 20- 4.4(M) "Valet Parking Permits" is
41 hereby removed in its entirety from the Land Development Code.
42
43 Section 2. That Land Development Code Section. 20- 4.4(1) is hereby amended to read as
44 follows:
45
46 Section. 20- 4.4(I)
47
48 (I) Valet Parking shall be allowed pursuant to the following conditions:
49
50 (1) A valet parking operation that makes use of public property shall comply with
51 , Section 15 C as amended from time to time, of the South
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9
Miami Code of Ordinances , entitled "Valet Parking
Permits for use of Public Property ".
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2009
ATTEST:
APPROVED:
CITY CLERK MAYOR
1St Reading —
2nd Reading —
READ AND PROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice.Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
X: \Comm Items \2009 \9- 15- 09 \LDC Amend remove Valet Parking Ord.doc
OTHER REGULATIONS 20 -4.4
(M) Valet Parking Permits.
(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 one million dollars ($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.
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 three hundred thousand dollars
($300,000.00) per location with a maximum Self Insured Retention
(SIR) or deductible of one thousand dollars ($1,000.00).
3. 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 cancel-
lation.
A. 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 liability for any and all claims, suits, actions, damages,
liabilities, expenditures, or causes.of actions of any kind arising from
its use of the public streets or public parking places for the purpose
Supp. No. 12 . 96.5
20 -4.4 ' SOUTH MIAMI LAND DEVELOPMENT CODE
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 injury, 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'
(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;
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
Supp. No. 12 96.6
OTHER REGULATIONS 20 -4.4
operator of the cancellation and revocation. Service of the notice of cancel-
lation 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
supp. No. 5 96.6.1
OTHER REGULATIONS 20 -4.4
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 than fifteen
(15) 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
I rovide to the valet operator ramping space in close proximity to the establish-
ment being serviced, if sufficient.: spaces are .available and 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 avail-
able 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
Supp: No. 4 96.7
20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
lots. Facilities must meet all applicable Code and Ordinance requirements of the City
of South 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 fr om 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 location 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 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 i� the area used for ramping. Ramping on
Supp. No. 4 96.8
OTHER REGULATIONS 20 -4.4
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 two hundred dollars ($200.00) per
occurrence.
(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 Special
Master. 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
Supp. No. 12 .96.9
Immediate cessation of service and
$250.00
$150.00 per offense
$200.00 per offense
20 -4.4
SOUTH MIAMI LAND DEVELOPMENT CODE
4. Penalty for Lapse in Required Insur-
ance Coverage
5. No Name Tag
6. No Uniform
7. No Valid Florida Driver's License
Immediate cessation of service and
$150.00. In cases where more than one
day has lapsed, $150.00 per day fine
from date of lapse.
$25.00 per offense
$25.00 per offense
$25.00 per offense /and immediate re-
moval 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 (10) days of receipt of
the violation before the Special Master.
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 personar 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.
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 opera-
tional 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.
Supp. No. 12 96.10
OTHER REGULATIONS 20 -4.5
(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.
(Ord. No. 1 -99 -1675, § 1, 1 -5 -99; Ord. No. 10 -03 -1794, § 1, 5- 20 -03)
Editor's note —Ord. No. 9 -99 -1683, § 1, adopted May 4, 1999 relettered subsection (K) as
subsection (L). To avoid duplication of subsections, former subsection '(L) has been redesig-
nated (M) at the discretion of the editor. ,
(Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 13 -91 -1478, 5 -7 -91; Ord. No. 18 -91 -1483, 7- 23 -91; Ord.
No. 17 -94 -1567, §§ 1 -5, 11 -1 -94; Ord. No. 21 -96 -1621, §§ 1, 2, 11- 19 -96; Ord. No. 8 -99 -1682,
§§ 2, 3, 5 -4 -99; Ord. No. 33 -06 -1901, §§ 1, 2, 12- 19 -06; Ord. No. 30 -08 -1965, §§ 1, 2).8 -5 -08)
20 -4.5 .Landscaping and Tree Protection Requirements for All Zoning Districts.
(A) Definition of Terms for Section 20 -4.5 Only. In constructing the provisions of Section
20 -4.5, where the context will permit and no definition is provided in Section 20 -4.5 or in
Section 20 -2.3 of the Land Development Code of the City of South Miami, then the definitions
Supp. No. 12 96.10.1