10-06-09 Item 13LJ
South Miami
All- America City
1 i
�.+rfr•'- CITY OF SOUTH MIAMI
' INCORPORATED '
�c 1927oP OFFICE OF THE CITY MANAGER
o a� 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 $18.00 per space per day, seven days per week,
tweive hetw pe_,4A_d_ d-eafifflad AN she how-9 P*wa &09 p.m. to 6"-QQ a-,—" use, on 4
$16.00 POE spase POF d"', Seven days per M 1- 1. a j m 0 enty four
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
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TJV /SAY
X :• Comm Items1200919- I5- 0910ty 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.
Pa
1
Section 15 C
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Valet Parking Permits for Use of Public Property
3
occurrence, and in the aggregate, and per location
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Sec. 15 C -1 Separate Permit Required.
5
from the valet operators' activities connected with the
6
The City of South Miami shall issue valet parking permits to valet operators
7
who conduct their operations on public property and who meet the
8
requirements of this section. No valet parking shall occur on public property
9
without the operator securing a valet parking permit from the City. A
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separate permit is required for each ramp location where valet parking
11
services are provided. Valet parking permits shall only be issued to
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operators who are licensed by the City of South Miami pursuant to this
13
Chapter.
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maximum Self Insured Retention (SIR) or deductible
1.5
(a) Permits.
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(1) Requirements. No Valet Parking permit shall be issued without
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the proof of the following:
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and rated FPR 6 or better per Best's Vulnerable FPR
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(i) Approval from the City's Risk Manager indicating that the
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valet parking operation has met the following insurance
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requirements:
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1. Commercial general liability or damage liability
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insurance in the amount of $1,000,000.00 per
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occurrence, and in the aggregate, and per location
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covering bodily injury and property damage resulting
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from the valet operators' activities connected with the
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handling of vehicles on public property. This policy
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must name the city as an additional insured and
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provide that the policy provides primary coverage.
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2. Garage keepers legal liability insurance to provide
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collision and comprehensive coverage for vehicles
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under control of the valet parking operation with
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minimum limits of $300,000.00 per location with a
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maximum Self Insured Retention (SIR) or deductible
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of $1,000.00.
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3. All required insurance policies are to be issued by
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companies rated A or better per Best's Rating Guide,
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and rated FPR 6 or better per Best's Vulnerable FPR
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Rating Scale, applying the latest edition. The policies
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must provide the City with thirty (30) days written
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notice of cancellation.
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4. Valet operators must submit a certificate of insurance
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and a certified copy of their policies to the City's Risk
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Manager for determination that the insurance
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requirements of this Ordinance have been met prior
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to the issuance of a permit and upon request by the
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,
Risk Manager.
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If incorporated, the valet operator shall provide a copy of a
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5. Each valet operator applying for a permit for use of
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public property shall execute an agreement approved
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by the City Attorney providing that the valet parking
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operator shall indemnify, hold harmless and defend
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the City and its officers, agents and employees
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against and assume all liability for any and all claims,
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suits, actions, damages, liabilities, expenditures, or
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causes of actions of any kind arising from its use of
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the public streets or public parking places for the
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purpose authorized in this Section and resulting or
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accruing from any alleged negligence, act, omission
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or error of the valet parking operation, its agents or
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employees and /or arising from the failure of the valet
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operation, its agents or employees to comply with
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each and every requirement of this section or with
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any other city or county ordinance or State or Federal
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law or regulation applicable to the valet parking
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operation resulting in or relating to bodily injury, loss
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of life or limb or damage to property sustained by
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any person, firm, corporation or other business entity.
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(ii)
If incorporated, the valet operator shall provide a copy of a
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certified certificate of good standing.
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(iii)
Notarized written authorization on company letterhead from
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the owners /operators of the City - licensed commercial
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establishments for which the valet operator is providing
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parking services.
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(iv).
Valid occupational license.
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(v).
Identification of the location of vehicle storage space, and
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proof in the form of an executed lease or rental agreement or
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notarized letter of authorization from the owner of the
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property, which shall include the number of spaces
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authorized for use by the valet operator, and term of the lease
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for storage space sufficient to service the establishment for
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which the permit will be issued. The storage space obtained
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will be reviewed for sufficiency by the City.
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(b) Term
and Renewal.
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•46
i.
The term of each permit shall be for one year.
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ii.
Renewal shall be on an annual basis and shall only be
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granted after approval from the City of South Miami.
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type except that approved by the City indicating the designation of
•2
(c) Cancellation and Revocation. The City shall cancel and revoke the
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permit if the valet operator no longer services the commercial
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establishment that authorized its operation at that location. This
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cancellation and revocation may be effective whether:
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not suff cient space available for rental in front of the establishment,
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i. The valet operator voluntarily discontinues service to the
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establishment;
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ii. The establishment cancels and revokes authorization for the
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valet operator to service the location;
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iii. The City cancels and revokes authorization for the valet
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operator to service the location. Cancellation and revocation
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of the valet permit by the City under any of the above
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scenarios shall be effective immediately upon service of the
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notice of cancellation. Under subparagraph "c" above, the
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City shall inform in writing the commercial establishment
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being serviced by the valet operator of the cancellation and
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revocation. Service of the notice of cancellation and
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revocation shall be by hand delivery or certified mail, return
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receipt requested.
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(2) Rental and Operation of Municipal Parking. Spaces
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(a) Rental of Public Spaces for Ramping. The City shall rent to the valet
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operator public on- street/curbside parking spaces that shall be used
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only for the ramping of vehicles. Ramping of vehicles shall consist
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of allowing customers to enter or exit a vehicle and to turn it over to
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or retrieve it from valet employees. Ramping shall only be operated
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in the public on- street/curbside spaces provided for ramping. There
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shall be no storage of vehicles in the area designated for ramping. A
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vehicle will be considered stored if it remains in the ramping area
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for more than fifteen (15) minutes. This policy will be modified
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after all establishments serviced by the ramp are closed for further
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business. At this time the City may, at its own discretion, allow
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vehicles of remaining customers to be parked on the spaces leased
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for ramping.
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Ramping on public property shall not occur in any other location
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than the on- street/curbside spaces provided for ramping. Any type of
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sign, structure or other type of object used to identify the ramp shall
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not block leased spaces. Vehicle key lock boxes used at the ramp
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location are not to obstruct pedestrian or vehicular traffic. Leased
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space shall not be cordoned off with posts, chains or signage of any
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type except that approved by the City indicating the designation of
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the rented valet parking area. At its sole discretion and judgement,
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the City shall provide to the valet operator ramping space in close
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proximity to the establishment being serviced, if sufficient spaces
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are available and if the location is considered appropriate. If there is
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not suff cient space available for rental in front of the establishment,
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the City shall lease spaces as close to the establishment as possible.
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Ramping will not be allowed if the City determines, at its sole
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discretion, that it would be an unsafe activity at that location.
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(b) Rental Fees for Public On/Street curbside spaces. The fee for use of
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rented spaces shall be $18.00 per space per day, seven days
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per week,
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,
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Fees shall be
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paid in advance on a monthly basis, commencing on the date the
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locations are rented to the valet operator by the City. Advanced
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payment for meter rentals shall not be made for a period exceeding
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one month. All additions or changes to existing leased public on-
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street/curbside parking spaces for ramping, shall be paid upon
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request. All valet space lease requests shall be required in writing to
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the City Manager or his/her designee, twenty -four hours in advance,
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and received no later than 3:00 P.M., daily. Exceptions and lease
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cancellations not made within the prescribed period will be assessed
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a $20.00 processing fee. The rental fee structure will be reviewed
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and may be adjusted periodically by the City.
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(c) Number of spaces leased for ramping. The amount of ramping
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spaces available to the valet operator shall be determined by the
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frontage of the establishment being serviced provided that there is
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sufficient public on- street/curbside spaces available for ramping, as
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determined at the sole discretion of the City.
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(d) Subletting. Leased public on- street/curbside spaces may not be
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sublet.
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(3) Rental of Additional Parking for Storage of Vehicles for Special
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Events/Program.
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Storage space required for the operation of a valet service must be provided
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in parking lots. Facilities must meet all applicable Code and Ordinance
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requirements of the City of South Miami. The City may lease additional
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valet spaces for the storage vehicles for special events, special programs, or
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at the request of the valet operator if the proposed valet storage does not
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take away from public parking demand in the area. The fee for use of
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storage parking spaces shall be based on a twelve -hour period at a rate of
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$10.00 per space /per day. Fees shall, be paid in full twenty -four hours in
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advance of the special event or program.
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(4) Private Storage of Valet Vehicles.
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•46 Valet operators shall store vehicles on private parking lots which are
47 properly zoned and permitted as parking lots. The valet operator shall
48 provide to the City satisfactory documentation from the parking facility
49 owner or management company /agent authorizing the valet operator to use
50 those facilities for the purpose of storing valet parked vehicles.
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(5) Employees and Valet Operators Code of Conduct.
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The
valet parking operator shall require its employees and independent
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contractors to meet the following requirements:
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(a)
All employees who operate motor vehicles shall have a valid Florida
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driver's license in good standing and shall abide by all City of South
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Miami and Miami -Dade County traffic regulations.
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(b)
All employees shall be in similar uniform.
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(c)
All employees shall wear on their uniform a name tag using printed
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letters of an easily legible print size identifying the employee's
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name. Such tag must be placed in a visible location such as the
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employee's chest.
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(d)
All employees shall perform their duties in a courteous and
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professional manner. Employees found by the City, at its sole
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discretion and judgement, to perform their duties in a manner that is
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disruptive to the peaceful enjoyment of the surrounding
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neighborhood or in a reckless or unprofessional manner, shall be
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cause for the City to request the immediate removal of the employee
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from the. valet operation. The City shall issue a Valet Code of
•24
Conduct warning to the valet operator for any employee found to
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perform his duties in a disruptive or discourteous manner. The valet
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operator will have thirty minutes from the issuance of the warning to
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remove the employee from its operation for a twenty -four hour
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period. The employee may not be moved to any other valet location
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in the City of South Miami. If the employee is not removed within
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the requisite thirty minute period, the City shall issue a Valet Code
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of Conduct Violation.
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(6) Operation
of Service.
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(a)
Identification of Leased Spaces. Leased spaces shall be so
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designated by the City as leased parking areas. The designation shall
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be defined by bagged meters and/or clearly marked signs installed
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on each meter post indicating the parking restriction.
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(b)
Ramping. Ramping shall only be operated in the spaces provided for
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ramping. There shall be no storage of vehicles in the area used for
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ramping. Ramping on public property shall not occur in any other
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location than the public on- street/curbside spaces provided for
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ramping. Ramping from a moving lane of traffic is strictly
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prohibited.
is46
47 (c) Storage. Storage of vehicles shall only be in private spaces or in
48 leased municipal spaces as provided by the City. Other than the
49 leased municipal spaces, there shall be no storage of vehicles on any
50 municipal property whatsoever.. The valet operator shall clearly
51 identify the vehicles in their possession during the entire period that
7
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the car is in their possession. Identification shall be made through a
•2
ticket stub visibly placed on top of the dashboard of the stored
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vehicle and shall state the name of the valet operator and
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identification of the ramp from which the vehicle was retrieved.
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Ramp identification shall be made by stating the name of the
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establishment which the ramp is servicing. Unauthorized storage of
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valet vehicles in municipal parking facilities or at any public on-
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street/curbside parking spaces is strictly prohibited and shall result
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in the issuance of a Valet Violation to the valet operator in the
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amount of $200.00 per occurrence.
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day fine from date of lapse.
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(7) Exceptions.
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$25.00 per offense
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(a) Valet services operating for a special event may apply for a special
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event permit from the City's Manager office. Special event parking
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shall be restricted to any event occurring no more than twice per
17
year and lasting no longer than three days in length. The special
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event permit will allow the valet operator to request from the City,
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additional ramping . and/or storage space, if available, as long as it
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does not reduce the number of parking spaces needed to serve the
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general public in the area of the request.
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(8) Enforcement Fine Schedule and Right to Appeal.
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25 (a) Enforcement. The City shall enforce the provisions of this
26 Ordinance, including the Valet Operators Code of Conduct. If a
27 violation of this ordinance is found, the City shall issue a Notice of
28 Violation to the violator. The Notice shall inform the violator of the
29 nature of the violation, amount of the fine for which the violator
30 may be liable, instructions and due date for paying the fine, and
31 notice that the Violation may be appealed by requesting a hearing
32 before the City's Special Master. Failure to appeal within ten days
33 after service of the notice of violation shall constitute and admission
34 of the violation and a waiver of the right to a hearing.
35
36 (b) The following civil fines shall be imposed for each violation:
37
is
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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
operation.
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•
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•
(c) Rights of violators; payment of fine, right to appeal; failure to pay
3
civil fine, or to appeal.
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(i) A violator who has been served a Notice of Violation shall
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elect either to:
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1. Pay the civil fine in the manner indicated on the
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Notice; or
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2. Request an administrative hearing within ten days of
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receipt of the violation before the Special Master.
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(ii). The City of South Miami may institute proceedings in a
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court of competent jurisdiction to compel payment of civil
16
fines.
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(iii). Additionally, a certified copy of an order imposing a civil
19
fine may be recorded in the. public records and thereafter
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shall constitute a lien upon any other real, or personal
21
property owned by the violator and it may be enforced in the
22
same manner as a court judgement by the sheriffs of this
23
State, including levy against the personal property, but shall
•
24
not be deemed to be a court judgement except for
25
enforcement purposes. After two (2) months from the flag of
26
any such lien which remains unpaid, the City of South
27
Miami may foreclose or otherwise execute upon the lien.
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(iv). As an additional means of enforcement, the City will revoke
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the valet permit when there are repeated violations of this
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Ordinance. Specifically, any two (2) violations issued within
32
a three month period for the following operational
33
deficiencies may result in the revocation of the valet permit:
34
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Unauthorized /Illegal Ramping;
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Unauthorized/Illegal Storage.
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(d) Valet Operator's Responsibility for Vehicles in their Possession.
40
Valet operators shall pay all fines and a fee, including towing
41
charges, arising in connection with a patron's vehicle that is in the
42
possession of the valet operator at the time the charge is incurred.
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This does• not preclude 'the valet operator from also being cited for
44
violations of this section which resulted in the imposition of the
45
fines and fee.
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E
(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
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Adverlisel Aent of itiotice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR OCTOBER 6, 2009
in the XXXX Court,
was published in said newspaper in the issues of
09/25/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi�edvertisem r publication in the said
newspaper.
Sworn to and subscribed before me this
25 day o SEPTEMBER D. 2009
(SEAL)
O.V. FERBEYRE personally known to me
. ors ., .� r -, V a- Sa•.r -r.r � -�y..
CITY, OFj SOUTH ,,MIAMI .
"NOTICE :"OF;PUBLICrHEARING 00
-rslr„rr�.1;X5.'I�.t- ur.)kiG
NOTICE IS HEREBY given that the City Comrntsston of the City of South
Flondatniill .tconduct�;Public'Heanngs .atl,its "regularCity
Commission „meeting, scheduled.,foryTuesday;; October c6,:a2�9
beginning at 7i3w) p.m..in.the City_Commissiori Chambers, 6130 Sunset
De;.to consider.the following items)
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First• Readina� +;, -a:k ++
`'AN�ORDINANCEZF TH. E, MAYOR•'.ANDxCITY,.COMMISSION;..
_OFyTHE CITY OF SOUTH MIAMI; FLORIDA; AMENDING�THE i
„2007:SOUTFi: -MIAMI EVALUATION AND AP.PRAISALREPORTr
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BY•; THE •CITYfCOMMISSION OWAUGUST ;723,x;2007, BY.".,
AMENDING: fHE ;
Zhe Miami Herald 6
Ad Number: 840055502 Client Name:
Insertion Number: 840055502 Advertiser: CITY OF SOUTH MIAMI
Size: 2X6.0 Section /Page /Zone: NBRS Gables /GS42/Dade
Publication Date: 09/27/2009 1 Color Type: B&W Description:
This ESheet(R) Is provided as conclusive evidence that the ad appeared In The Miami Herald on the date and page Indicated. You may not create derivative works, or In any way exploit or repurpose any content.
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