09-15-09 Item 24South Miami
All- America City
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director.
Planning and Zoning Departme .
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 SOUTH
MIAMI CODE OF ORDINANCES BY ADDING NEW SECTION 15(C) TO BE
ENTITLED "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY" IN
ORDER TO PLACE THE PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE
SECTION 20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO
INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET CURBSIDE
SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
As part of the current budget process the City Administration has determined that certain adjustments in
City fees will be needed. It was discovered that the fee charged 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". The removal of this section from the Land Development Code
and its placement in the City Code would allow for changes in fees or other valet parking procedures to
avoid being subject to Planning Board reviews and public hearings. 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.
PROPOSED AMENDMENT -CITY CODE
The subject amendment ordinance provides the complete placement of what was LDC Section 20- 4.4(M)
into the general Code of Ordinances as Section 15C to be entitled "Valet Parking Permits for the Use of
Public Property". This can be done by the City Commission adoption of the attached ordinance placing
the section in its entirety into City Code.
PROPOSED FEE INCREASE -
At this time the Administration proposing that the fee schedule for the use of on- street metered parking
spaces as part of a valet parking operation ( on page. 5 ) Section 15C- 1(a)(2)(b) should be increased as
follows:
"(b) Rental Fees for Public On/Street curbside spaces. The fee for use of rented
spaces shall be f 518.00 per space per day, seven days per week,
twokT houf period defiiied- as the hpur=q he4woolq &90 p.m. to 6190 a.ffl U.., Q.d
. 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.
The fee adjustment to $18.00 per meter for a full day is equivalent to the income from the use of a
metered space for 18 of a 24 hour day. It is also comparable to the fees charged in other municipalities for
meter space rentals. See attached data report (e -mail) prepared by the City's Parking Manager.
RECOMMENDATION
It is recommended that the attached draft ordinance amending the South Miami Code of Ordinances Code
be approved.
Attachments:
Draft ordinance
Parking Meter Rental fees Report
Public notices
TJV /SAY
X: (Comm Items1200919- 15 -WCity Code Amend Insert Valet CMReport.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SOUTH
MIAMI CODE OF ORDINANCES BY ADDING NEW SECTION 15(C) TO BE
ENTITLED "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY"
IN ORDER TO PLACE THE PROVISIONS OF PREVIOUS LAND
DEVELOPMENT CODE , SECTION 20- 4.4(M) INTO THE CODE OF
ORDINANCES AND FURTHER TO INCREASE THE FEES CHARGED FOR
RENTAL OF ON- STREET CURBSIDE SPACES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Land Development Code (LDC) Section. 20- 4.4(M) entitled "Valet
Parking Permits" provides regulations on applications, operational standards, fees, and
violation fine schedule for the use of on- street metered parking spaces as part of a valet
parking operation; and
WHEREAS, LDC Section 20 -4.4 (M) is implemented and enforced by the City's
Parking Division; and
WHEREAS, 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; and
WHEREAS,. 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 and placed as part of the general chapters of the Code of
Ordinances specifically a new Section 15 C to be entitled " Valet parking Permits for Use
of Public Property "; and
WHEREAS, this ordinance will also set forth an increase in the fees charged for the
rental of municipal on- street parking spaces used for the ramping area for valet parking as
contained in Section 15C- 1(a)(2)(b); and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the following new Section 15 C entitled "Valet Parking Permits for Use of
Public Property" as set forth below is hereby made part of the South Miami Code of
Ordinances.
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Section 15 C
Valet Parking Permits for Use of Public Property
Sec. 15 C -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.
(a) Permits.
(1) 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.
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.
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 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
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(b)
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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 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.
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.
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2 (c) Cancellation and Revocation. The City shall cancel and revoke the
3 permit if the valet operator no longer services the commercial
4 establishment that authorized its operation at that location. This
5 cancellation and revocation may be effective whether:
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7 i. The valet operator voluntarily discontinues service to the
8 establishment;
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10 ii. The establishment cancels and revokes authorization for the
11 valet operator to service the location;
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13 iii. The City cancels and revokes authorization for the valet
14 operator to service the location. Cancellation and revocation
15 of the valet permit by the City under any of the above
16 scenarios shall be effective immediately upon service of the
17 notice of cancellation. Under subparagraph "c" above, the
18 City shall inform in writing the commercial establishment
19 being serviced by the valet operator of the cancellation and
20 revocation. Service of the notice of cancellation and
21 revocation shall be by hand delivery or certified mail, return
22 receipt requested.
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24 (2) Rental and Operation of Municipal Parking Spaces
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26 (a) Rental of Public Spaces for Ramping. The City shall rent to the valet
27 operator public on- street /curbside parking spaces that shall be used
28 only for the ramping of vehicles. Ramping of vehicles shall consist
29 of allowing customers to enter or exit a vehicle and to turn it over to
30 or retrieve it from valet employees. Ramping shall only be operated
31 in the public on- street /curbside spaces provided for ramping. There
32 shall be no storage of vehicles in the area designated for ramping. A
33 vehicle will be considered stored if it remains in the ramping area
34 for more than fifteen (15) minutes. This policy will be modified
35 after all establishments serviced by the ramp are closed for further
36 business. At this time the City may, at its own discretion, allow
37 vehicles of remaining customers to be parked on the spaces leased
38 for ramping.
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40 Ramping on public property shall not occur in any other location
41 than the on- street /curbside spaces provided for ramping. Any type of
42 sign, structure or other type of object used to identify the ramp shall
43 not block leased spaces. Vehicle key lock boxes used at the ramp
44 location are not to obstruct pedestrian or vehicular traffic. Leased
45 space shall not be cordoned off with posts, chains or signage of any
46 type except that approved by the City indicating the designation of
47 the rented valet parking area. At its sole discretion and judgement,
48 the City shall provide to the valet operator ramping space in close
49 proximity to the establishment being serviced, if sufficient spaces
50 are available and if the location is considered appropriate. If there is
51 not sufficient space available for rental in front of the establishment,
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(3)
(4)
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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 $18.00 per space per day, seven days
per week, i. a �.., ,., L I �a a pvfjfutt w a
. ,
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.
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 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.
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.
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(5)
(6)
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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.
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
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(7)
(g)
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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.
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.
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
Immediate cessation of
Permit
service and $250.00
2. Unauthorized /Illegal
$150.00 per offense
Ramping
3. Unauthorized /Illegal
$200.00 per offense
Storage
4. Penalty for Lapse in
Immediate cessation of
Required Insurance
service and $150.00. In
Coverage'
cases where more than one
day has lapsed, $150.00 per
day fine from date of lapse.
5. No Name Tag
$25.00 per offense
6. No Uniform
$25.00 per offense
7. No Valid Florida
$25.00 per offense /and
Driver's License
immediate removal of the
employee from the valet
o eration.
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(c)
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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 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 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.
(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.
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(9) 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. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. 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 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 52009
ATTEST:
APPROVED:
CITY CLERK MAYOR
1St Reading —
2 °d Reading —
READ AND APPROVED 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 \City Code Amend Sec 15 C Insert Valet Parking Ord.doc