Loading...
HomeMy WebLinkAboutORD 2007-15 - Valet ParkingAn Ordinance Of The City Council Of The City Of Georgetown, Texas Adding New Chapter 12.05 To The Code Of Ordinances Relating To "Valet Parking," Providing A Penalty Clause; Providing A Severability Clause; And Establishing An Effective Date. WHEREAS, the City Council of the City of Georgetown desires to codify procedures for valet parking; and WHEREAS, establishment of procedures will assist the City and the public in accommodating the parking demands related to parking and traffic in high volume areas in the Downtown Overlay District where parking is limited and valet parking would encourage patronization of business in the District by the public NOW, !: ORDAINED BY THE CITY COUNCILOF OF GEORGETOWN, TEXAS, that: SECTION 1 The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statements — Goals and Strategies: 1.0 Policy Statement: "The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. " Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other Century Plan Policy Statements, SECTION 2 New Chapter 12.05 is hereby added to the City Code of Ordinances as follows: Section 12.05.010. Definitions. For the purposes of this article: Director means the Director of Planning and Development Services, or their designee. Licensee means a person licensed under this article to operate a valet parking service. The term includes any employee, agent, or independent contractor of the person in whose name the valet parking permit is issued. Ordinance No. A 00 7" l VALET PARKING Page 1 of 10 Valet parking permit means a permit issued by the director authorizing a valet parking service to use the city's right-of-way. Valet parking service means a business, or any part of a business, which provides a person to operate a vehicle to and from a parking location so that the driver and any passengers in the vehicle may unload and load at their immediate destination. Section 12.05.020, Purpose. This article applies only to a valet parking service provided in connection with a commercial establishment or commercial activity and does not apply to occasional valet parking services provided at a private residences or in connection with a social or fundraising activity. Section 12.05.030. Valet parking permit required; application; issuance. (A) A person who desires to operate a valet parking service on public right-of-way, or on private property which requires the use of the public right-of-way for maneuvering vehicles, shall apply in writing to the director for a valet parking permit. One (1) application per site must be made to the director. The application must be made by the owner or lessee of the premises benefiting from the proposed valet parking service or the valet parking service and must contain the following information: (1) The names, addresses, and telephone numbers of: a. The applicant; b. if the applicant is a lessee, the property owner; and C, The independent contractor, if any, the applicant will use to provide valet parking service; (2) The proposed location of the valet parking service and any valet parking service stands; (3) The number of spaces requested to be reserved for the valet parking service, each space being twenty-five (25) feet long, if parallel to the curb, or nine (9) feet wide, if head in to the curb; a minimum number of two (2) spaces must be reserved unless the director determines that because of special traffic conditions, a greater number of spaces is needed to efficiently operate the valet parking service; (4) The proposed hours and days of operation of the valet parking service; (5) The location of off-street parking, if off-street parking is to be used, and a signed agreement or other documentation showing that the applicant has a legal right to park vehicles at that off-street location; Ordinance No. cQO07m 15 VALET PARKING Page 2 of 10 (6) Proof of insurance as required by section 12.05.110, and (7) Copies of written notification to all property owners, or their representatives, located within one hundred (100) feet of, on the same side of the street as, and within the same block as the valet parking service location. (B) After reviewing the application and comments of any person notified in accordance with subsection (a)(7), and upon receiving payment of all fees required by this chapter, the director shall issue a valet parking permit if the applicant meets the requirements of this article, within ten (10) business days. (C) A licensee desiring to change the location or hours of operation of a valet parking service must submit a new application to the director in accordance with this section. (D) A valet parking permit expires one (1) year from the date of issuance unless sooner terminated by the director. A valet parking permit must be renewed at least thirty (30) calendar days before expiration through a renewal application in which the licensee must disclose any changes related to the valet parking service and payment of all necessary fees. If renewal is denied by the director then the licensee may appeal. Failure to apply for renewal of valet parking permit shall necessitate initiation of a new application. Section 12.05.040. Violations. (A) It shall be an offense to operate a valet parking service within the city on a public right-of-way for maneuvering vehicles without a valet parking permit issued by the director. (B) It shall be an offense if, at a time other than the hours and days of operation authorized in a licensee's valet parking permit, licensee or licensee's employee, agent, or independent contractor operates a valet parking service within the city on a public right- of-way. Section 12.05.050. Fees. (A) The licensee must pay an annual fee of one hundred fifty dollars ($150.00) for each approved application. If a licensee is providing valet parking services for multiple locations, the licensee shall only be required to pay the annual fee once and shall not be required to pay the annual fee for each application. (B) If the director determines that more than two (2) spaces are necessary, the fee shall be fifty dollars ($50.00) per additional space per year. Ordinance No. VALET PARKING Page 3 of 10 (C) Nonprofit organizations shall be exempt from these fees. Documentation acceptable to the director showing the nonprofit status shall be submitted with the application. Section 12.05.060. Denial or revocation of valet parking permit; temporary suspension. (A) The director shall deny a valet parking permit if: (1) The applicant fails to comply with the requirements of this article or other applicable law; (2) The applicant makes a false statement of material fact or omission on an application for a valet parking permit; or (3) The director determines that the operation of the valet parking service would: a. Endanger the safety of persons or property or otherwise not be in the public interest; b. Unreasonably interfere with pedestrian or vehicular traffic; C, Unreasonably interfere with the use of a pole, traffic sign, traffic signal, hydrant, mailbox or other object permitted at or near the proposed location of the valet parking service; or d. Unreasonably interfere with an existing use permitted at or near the proposed location of the valet parking service. (B) The director shall revoke a valet parking permit if: (1) The licensee fails to comply with the requirements of the valet parking service of this article, or other applicable law; (2) The licensee made a false statement or omission of material fact on an application for a valet parking permit; or (3) The director determines that the operation of the valet parking service: a. Endangers the safety of persons or property or is otherwise not in the public interest; b. Unreasonably interferes with pedestrian or vehicular traffic; Ordinance No. VALET PARKING Page 4 of 10 C, Unreasonably interferes with the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the location of the valet parking service; or d. Unreasonably interferes with an existing use permitted at or near the location of the valet parking service. (C) After receipt of notice of revocation, the permit holder shall immediately discontinue providing valet parking service using the public right-of-way. (D) The director may temporarily suspend the operations of a valet parking service if the public right-of-way reserved by the valet parking service is needed for construction, maintenance, or repair of streets or utilities. (E) The police or fire chief, or their designated representatives, may temporarily suspend the operations of a valet parking service if the public right-of-way reserved by the valet parking service is needed for an emergency or temporary use. (F) I€ the director revokes, denies or suspends a permit, licensee shall receive written notice of his action, the reason for the revocation, denial or suspension and that the licensee has the right to appeal director's decision. The decision of the director is final unless a timely appeal is made. Section 12.05.070. Appeal of denial or revocation of a valet parking permit. (A) A person may appeal a denial, suspension or revocation of valet parking permit if he or she requests an appeal, in writing, received by the city manager not more than ten (10) days after notice of the action of the director is received by the applicant. (B) The city manager or his designated representative shall act as the appeals hearing officer in an appeal under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence shall not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing (C) The hearing officer may affirm, modify or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. (D) All notices required under this article shall be in writing and sent certified or registered, return receipt requested through the United Postal Service. Section 12.05.080. Standards for operation of a valet parking service. (A) A licensee shall: Ordinance No. VALET PARKING Page 5 of 10 (1) Allow only employees and independent contractors who hold a valid state driver's license, and who are covered by the insurance required by section 12.05.110 of this article, to operate any vehicle in connection with the valet parking service; (2) Operate the valet parking service in a manner that does not: a. Use or occupy more of the public right-of-way than is allowed by the valet parking permit; b. Obstruct a pedestrian's use of a sidewalk; C, Obstruct a vehicle operator's ability to see any part of an intersecting road; or d. Injure, damage, or create a hazard to persons or property; (3) Place no more than one (1) valet parking service stand on the public right- of-way; (4) Not place nor allow the placement of a sign advertising the valet parking service in the public right-of-way; except as provided for under section 12.05.090. (5) Not park nor allow the parking or standing of a vehicle in a valet parking service space. Said space shall only be used for loading and unloading passengers; in no event shall a vehicle be allowed to remain in a valet parking service space for more than five (5) minutes; (6) Not park a vehicle on the public right-of-way and shall use only an off- street parking location to park a vehicle accepted for valet parking service and (7) Notify director within ten (10) days of a change in the location of off- street parking and provide director with a signed agreement or other documentation showing that the licensee has a legal right to park vehicles at the new location. (B) Except for the authorized hours of operation of a valet parking service, spaces reserved by the valet parking service shall be available for use by the general public on a first-come, first served basis in accordance with posted signs and other traffic control devices, except where parking is restricted or prohibited. Section 12.05.090. Valet parking service stands. (A) A licensee may place one (1) valet parking service stand on the public right-of- way at a location approved by the director. The valet parking service stand must be Ordinance No. VALET PARKING Page 6 of 10 necessary to the general conduct of the valet parking service and shall be used for such purposes, including, but not limited to, the dispatch of valets and the storage of keys, umbrellas and other necessary items. (B) A valet parking service stand shall: (1) Not occupy an area of the public right-of-way exceeding four (4) feet in width and four (4) feet in depth; (2) Not be affixed to the public right-of-way in any manner; (3) Be removed from the public right-of-way when the valet parking service is not being operated; and (4) Not unreasonably interfere with pedestrian or vehicular traffic. (C) A name and/or logo may be placed on a valet parking service stand for the sole purpose of identifying the valet parking service. The identification of the valet parking service shall not have dimensions greater than four (4) feet high and four (4) feet wide. (D) Shall be made of materials and colors complimentary to the premises which the valet service is being provided. Section 12.05.100. Location of a valet parking service. (A) Spaces and stands for a valet parking service may not: (1) Be within ten (10) feet of a crosswalk; (2) Be within ten (10) feet of a fire hydrant, fire call box, police or other emergency facility; (3) Be within five (5) feet of a driveway; (4) Be within three (3) feet in front of or fifteen (15) feet behind a sign marking a designated bus stop; (5) Be within five (5) feet of a bus bench; or (6) Reduce the unobstructed space for the passage of pedestrians to less than four (4) feet (B) The director may vary the distances prescribed in subsection (a) when warranted by special vehicular or pedestrian traffic conditions. (C) The licensee must provide to the director a site map showing location of valet parking, placement of valet stand, and off-site valet parking. This map shall also include the placement of any traffic cones to be used. Section 12.05.110. Insurance. (A) A licensee shall procure, or cause to be procured, and keep in full force and effect, and shall keep on file with the director, a policy of garage liability and garage keepers liability insurance, as evidenced by a certificate of insurance issued by a casualty insurance company authorized to do business in this state and accepted by the risk management division of the finance department. The insured provisions of the policy must name the City of Georgetown, and its officers and employees, as additional insureds and the coverage provisions must insure the public from loss or damage that may arise to any person or property by reason of the operation of a valet parking service by the licensee. (B) The garage liability insurance shall provide liability for bodily injury and property damage resulting from the garage operations or operations of any auto whether or not owned by the insured and shall be in the minimum limit of one million dollars ($1,000,000.00); other than garage operations which shall be one million dollars ($1,000,000.00) per occurrence and an aggregate of two million dollars ($2,000,000.00). (C) In addition, the garage keepers insurance must provide a limit of liability for property damage of not less than one million dollars ($1,000,000.00) for vehicles in the care custody and control of the licensee. Maximum deductibles shall not exceed one thousand dollars ($1;000.00) per unit, five thousand dollars ($5,000.00) per loss comprehensive, and one thousand dollars ($1,000.00) for collision. (D) The insurance policy required by subsection (a) of this section shall contain an endorsement which provides for ten (10) days notice to the director in the event of any material change or cancellation of the policy. (E) Upon the director's approval, an exception to the following requirements may be made if the exclusion of garage liability is waived and endorsed by the commercial general liability insurance policy to include garage operations. (F) This section does not preclude additional or more stringent requirements for valet parking services operated under a contract with the city. Section 12.05.120. Indemnification and hold harmless. A licensee, and any independent contractor used by the licensee, must execute a written agreement to indemnify and hold harmless the city and its officers and employees against all claims or injury or damage to persons or property arising out of the operation of the valet parking service by the licensee. Ordinance No. VALET PARKING Page 8 of 10 Section 12.05.130. The director, or his designated representative, is authorized to place city signs or curb markings at a location licensed for a valet parking service pursuant to this article. The signs and markings shall: (A) Indicate that the location is restricted for use by a valet parking service; and (B) State the days and hours of operation of the valet parking service; and (C) Include a tow away sign. SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 4 If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. Ordinance No. M VALET PARKING Page 9 of 10 PASSED AND APPROVED on First Reading on the day of ` 2Z2 Z 200J. ll PASSED AND APPROVED on Second Reading on thedayof " =`tl 200. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney THE CITY OF Mayor Ordinance No. 4049 7� 14 VALET PARKING Page 10 of 10