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HomeMy WebLinkAboutOrdinance 15092 VALET PARKING ORDINAN~°CE~ ORDINANCE NO. ~``~' AN ORDINANCE AMENDING CHAPTER 30, "STREETS AND SIDEWALKS" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING A NEW ARTICLE VI, "VALET PARKING", CONTAINING PROVISIONS REQUIIZING A VALET PARKING PERMIT TO OPERATE A VALET PARKING SERVICE, REQUIRING AN APPLICATION AND ANNUAL PERMIT FEE, ALLOWING THE DENIAL, REVOCATION, OR TEMPORARY SUSPENSION OF THE PERMIT, PROVIDING STANDARDS FOR OPERATION, PROVIDING REGULATIONS FOR SERVICE STANDS AND LOCATION OF VALET PARKING SERVICE, REQUIRING INSURANCE AND INDEMNIFICATION BY THE VALET SERVICE, ALLOWING SIGNS AND MARKINGS BY THE CITY TRAFFIC ENGINEER FOR SERVICES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABII.ITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION, AND NAMING AN EFFECTIVE DATE. BE IT ORDAIlVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That Chapter 30, "STREETS AND SIDEWALKS", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by adding the following new Article ARTICLE VI. VALET PARKING. SEC.30-89. DEFINITIONS. For the purposes of this article (1) DIlZECTOR means the Director of the Transportation and Public Works Department or the director's designated representative (2) LICENSEE means a person licensed under this artic]e to operate a valet parking service The term includes any employee, agent, or independent contractor of the person m whose name the Valet Parking Permit is issued. Valet Parking Ordinance CRL2002041802 j (3) "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. (4) "VALET PARKING PERMIT" means a permit issued by the director authorizing a valet parking service to use the City's right-of-way SEC.30-90. 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 SEC. 30-91. 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 wasting to the director for a valet parking permit. One 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 25 feet long, if parallel to the curb, or mne feet wide, if head in to the curb, a minimum number of two spaces must be reserved unless the director determines that because of special traffic conditions, a greater Valet Parking Ordinance CRL2002041802 2 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, (6) proof of insurance as required by Section 30-99, and (7) copies of wntten notification to all property owners, or their representatives, located within 100 feet of, on the same side of the street as, and within the same block as the valet parking service location. (b) The director shall forward a copy of any completed application to any person required to be listed under Subsection (a)(?) and to departments or offices of Police, Law and any other department that might be affected by the operation of the proposed valet parking service. Each office or department, and any other notified persons, shall review the application and return it with any comments, to the director within 30 days of receipt. (c) After reviewing the application and comments of the departments and of any person notified m accordance with subsection (a)(7), and upon receiving payment of all fees required by this division, the director shall issue a valet parking permit if the applicant meets the requirements of this article. (d) A licensee desiring to change the location or hours of operation of a valet parking service must submit a new application to the director m accordance with this section. (e) A valet parking permit expires one (1) year from the date of issuance unless sooner terrmnated by the director A valet parking permit must be renewed at least 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 imtiarion of a new application. SEC.30-92. VIOLATIONS. Valet Parking Ordinance CRL2002041802 3 (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 m 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 SEC.30-93. FEES. (a) The Licensee must pay an annual fee of $500 for each approved application. (b) If the Director determines that more than two spaces are necessary, the fee shall be $150 per additional space per year (c) Nonprofit organization shall be exempt from these fees Supporting documentation showing the nonprofit status shall be submitted with the application. SEC. 30-94 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 locarion of the valet parking service Valet Parking Ordinance CRL2002041802 q. (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 deterrnmes 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, (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 permtted 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) If 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 SEC. 30-95. APPEAL OF DENIAL OR REVOCATION OF A VALET PARHING 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 Valet Parking Ordinance CRL2002041802 5 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 heanng officer m an appeal under this section. The heanng 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 heanng under this section, and the heanng officer shall make a ruling on the bans of a preponderance of the evidence presented at the heanng (c) The hearing officer may affirm, modify or reverse all or part of the action of the director being appealed. The decision of the heanng 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. SEC. 30-96. STANDARDS FOR OPERATION OF A VALET PARKING SERVICE. (a) A licensee shall (1) allow only employees and independent contractors who hold a valid state dnver's license, and who are covered by the insurance .required by Section 30-100 of this article, to operate any vehicle in connection with the valet parking service, (2) operate the valet parking service m 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 pedestnan'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 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 nght-of-way; except as provided for under Section 30-101 (5) not park nor allow the parking or standing of a vehicle in a valet Valet Parking Ordinance CRL2002041802 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 rrunutes, (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 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 m accordance with posted signs and other traffic control devices, except where parking is restricted or prohibited. SEC. 30-97. VALET PARKING SERVICE STANDS. (a) A licensee may place one valet parking service stand on the public right-of- way at a location approved by the director The valet parking service stand must be 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 feet m width and four feet m depth, (2) not be affixed to the public right-of-way m 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 feet high and four feet wide SEC. 30-98. LOCATION OF A VALET PARKING SERVICE. Valet Parking Ordinance CRL2002041802 '7 (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 pedestnan.s to less than four (4) feet (b) The director may require greater distances than those 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 locatzon 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. SEC. 30-99. 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 polzcy of Commercial General Liability and Garage Keepers insurance, as evidenced by a certificate of insurance issued by a casualty insurance company authorized to do business in this state and m the standard form approved by the board of insurance commissioners of the state and accepted by the Risk 1Vlanagement Division of the Finance Department. The insured provisions of the polzcy must name the City of Fort Worth, and its officers and employees, as additional insureds and the coverage provisions must insure the public from loss or damage that may apse to any person or property by reason of the operation of a valet parking service by the licensee (b) The Commercial General Liability insurance must be on a broad form and provide limits of liability for bodily injury and property damage of not less than $1,000,000 combined single limit, or the equivalent. The aggregate shall be not less than $2,000,000. (c) In addition, the Garage Keepers insurance must provide limits of liability for bodily injury and property damage of not less than $1,000,000 combined single Valet Parking Ordinance CRL2002041802 8 limit, or the equivalent, and the aggregate shall be not less than $2,000,000 and must provide the following coverage (i) Comprehensive and collision coverage for physical damage (ii) Coverage for vehicle storage (iii) Coverage for a vehicle driven by or at the direction of the licensee (ix) Coverage for property damage, if the policy does not include property damage (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) This section does not preclude additional or more stringent requirements for valet parking services operated under a contract with the City SEC. 30-100. 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 SEC. 30-101. SIGNS AND MARHINGS. The director, or his designated representative, is authorized to place city signs or curb marlangs at a location licensed for a valet parking service pursuant to this article. The signs and markings shall (1) indicate that the location is restricted for use by a valet parking service, and (2) state the days and hours of operation of the valet parking service, and (3) include a tow away sign. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Valet Parking Ordinance CRL2002041802 9 Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid~udgment or decree of any court of competent~urisdiction, such unconsritutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, ormts, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 6. This ordinance shall be effective upon its passage and publication as required by law Valet Parking Ordi~aance CRL2002041802 10 APPROVED AS TO FORM AND LEGALITY By. ADOPTED S '- ~ °' ~ ~. 1 EFFECTIVE. 5-15 ~-O~ Valet Parking Ordinance CRL2002041802 11 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/7/02 **G-13616 20VALET 1 of 1 suB~ECT ADOPT AN ORDINANCE REGULATING VALET PARKING SERVICES IN THE CITY'S RIGHT-OF-WAY RECOMMENDATION ft is recommended that the City Council adopt the attached ordinance regulating valet parking services in the City's right-of-way DISCUSSION The Transportation and Public Works Department recommends approval of the attached ordinance in an effort to • Address complaints due to lack of available parking, and • Provide the public with adequate on-street parking, and • Define valet parking limits to assist police with enforcement; and • Minimize traffic impacts for vehicles and pedestrians, and f • Monitor valet service operations. The proposed ordinance is recommended by the Transportation and Public Works Department, the Police Department, the Downtown Access Circulation Study Committee, and the Safety and Community Development Committee The Transportation and Public Works Department, Street Management Division met with business owners and valet operators on two occasions to discuss the proposed ordinance to consider their input. A copy of this proposed ordinance has been forwarded to 46 individuals, operators and businesses FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. BG n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Bridgette Garrett (Acting) 6140 Originating Department Head: Hugo Malanga 7801 (from) APPROVED 05/07/02 ORD.# 15092 Additional Information Contact: Cynthia Alexander 7894