[Added 5-24-2022 by Doc. 73]
A. 
This article is enacted for the purpose of preserving and regulating the City's limited parking among residential and commercial uses within the Central Business District (CBC). The Central Business District shall be defined as all streets, ways, highways and roads, along with all municipal parking lots, as shown on a plan entitled "Plan of Public Parking Locations Within the Central Business District — 2004" dated October 21, 2004, and filed in the office of the City Engineer, Section 2B, Plan 2847, as amended from time to time.
B. 
In return for the issuance of a permit for a valet parking operations and to ensure that valet parking personnel do not park cars in spaces that would otherwise be available to visitors and residents, valet parking personnel are required to use only designated valet parking zones for the discharge and receiving of passengers, prohibited from valet parking of a car in any space that is not in an approved off-street parking facility, and valet parking personnel are required to be easily distinguished from the public to enhance the means of enforcing these parking regulations and ensure the proper use of on-street parking.
A. 
No curb space shall be used for valet parking without a permit issued hereunder. Valet parking permits shall be issued to an establishment serviced by a valet parking operation or to an independent valet parking operation. Such establishments may contract with outside firms to conduct their valet parking operation. A valet parking permit allows the holder exclusive use of curb space during approved time periods and is authorized under the City Council's authority to regulate on-street parking. A permit may be modified, suspended or revoked if the valet parking operation is not conducted in accordance with the provisions of this Code or if the valet parking zone is not being used for a valet parking operation for all or a portion of the approved time periods.
B. 
Valet parking shall be the parking of a vehicle parallel to the curb in an approved valet parking zone for a maximum of 10 minutes continuously while engaged in receiving or discharging passengers, loading or unloading of baggage or making arrangements to remove the vehicle to a designated off-street parking facility. Vehicles that are valet parked shall be transported to and parked at a designated off-street parking facility, public or private, and shall not be parked in the valet parking zone or any other on-street parking spaces.
C. 
The permit holder shall maintain or cause to be maintained records of use of an off-street parking facility and make such records available for inspection by the Police Department. Any vehicle parked in violation of the valet parking rules and regulations shall be subject to the issuance of a parking citation and the establishment and the valet operator shall be subject to the enforcement measures identified herein.
D. 
The City Council reserves the right to designate valet parking zones or require that more than one establishment be served from a single valet parking zone based upon local conditions such as traffic congestion, the demand for valet parking zones or the overall impact of valet operations in a particular area.
All applications for new valet parking permits shall be limited to restaurant locations. Any exceptions are at the discretion of the City Council. An application for a valet parking permit shall be submitted on a form issued by the Police Department. The application form shall request the following information:
A. 
The name, address, and telephone and fax numbers of the establishment or independent valet parking operator requesting a valet parking zone. An independent valet parking operator shall also provide the name(s), address(es) and contact information for any establishments for which they provide services.
B. 
The name, and telephone and fax numbers, including the daytime and nighttime numbers of the owner or general manager of the establishment or independent valet parking operator.
C. 
The name, address and telephone and fax numbers of the valet parking operator that will be operating the valet service, and the daytime and nighttime telephone number and fax numbers of the owner or general manager of the valet company. A telephone pager number for the owner or general manager of the valet company shall also be provided. If a valet company will not be used, the same information shall be provided for the establishment.
D. 
The location and number of linear feet requested for the valet parking zone.
E. 
The days and actual hours of operation requested, the estimated number of vehicles that will be valet parked and the estimated number of valet attendants that will be present during each of the following operating periods: Monday through Friday during the daytime; Saturday and Sunday during the daytime; Sunday to Wednesday evenings; and Thursday to Saturday evenings.
F. 
A copy of the agreement between the valet parking operator or the establishment with the owner or operator of an approved off-street parking facility where the valet vehicles will be parked shall be submitted. Said agreement must include the following information: the location of the facility; the total number of parking spaces in the facility; and the total number of parking spaces that will be available for valet parked vehicles from the establishment. If the establishment or independent valet operator is seeking the use of City of Haverhill municipal parking lots, permission for such use shall be requested in the permit application, with a map showing the spaces requested for use.
G. 
A plan or map and a description depicting the proposed route that valet parking attendants will use to and from the off-street parking facility shall be submitted.
H. 
Evidence related to the use of an off-street parking facility during the term of a current permit shall be submitted for all renewal applications.
Upon receipt of a completed application, the Police Department shall provide a copy to the CBD Parking Commission, License Commission, Superintendent of Highways, City Engineer, and Planning Director for review and comment. All applications for an initial permit or renewal of an existing permit are subject to an evaluation in order to insure that there is safe and adequate vehicular access to and from the valet parking zone and that the vehicular traffic expected to be generated by the valet parking operation will not cause undue traffic congestion, block or impede the flow of traffic or pose a public safety hazard by delaying or preventing access in or throughout the area of the valet parking zone. The evaluation shall be completed promptly but no later than 30 days following receipt of a complete application.
A. 
The City Council shall determine whether and to what extent the application for a valet parking permit should be approved. Under the provisions of this article, an application may be approved in whole or in part, it may be denied, or it may be approved subject to specific additional conditions related to location and use characteristics such as the number of linear feet, the exact location of the valet parking zone, the number of vehicles that may be valet parked during each operating period, the required number of valet attendants during each such operating period and use of a single valet parking zone by more than one establishment.
B. 
Each valet parking permit issued shall include the information on the permit application, the information set forth below and any such additional information as the City Council may determine:
(1) 
The term of the permit, the exact location and the number of linear feet of the valet parking zone, the approved days and hours of operation, the maximum number of vehicles that can be valet parked and the minimum number of valet attendants required during each of the approved operating periods, the name and address of the designated off-street parking facility and the permit fee. Valet parking shall be allowed only during the approved days and hours of operation; and if the valet parking zone is not being used for a valet parking operation for all or part of the approved time periods, the permit may be modified or revoked. Only Highway-Department-approved and -installed valet signage shall be posted or placed on the street. This shall include temporary signage for special or one-day permits.
(2) 
The requirement that all vehicles shall be parked at the off-street parking facility listed on the permit and not parked in the valet zone for longer than the allowed time limit or in any other on-street parking space. Valet vehicles that are parked in violation of these provisions shall be subject to issuance of a parking citation and a violation notice may be issued to the establishment and the valet operator, as determined below.
(3) 
That the operation of any valet parking operation is the responsibility of the permit holder, and a statement that the permit holder agrees to comply with the terms and conditions in the permit, the valet parking ordinance and all other regulations of the City of Haverhill.
(4) 
The permit shall be available for inspection at the establishment at all times.
C. 
The permit shall be issued upon approval and payment of the applicable fees. Once approved, the Highway Department shall be forwarded a copy of the permit and shall install valet signage. Unless a permit is renewed, the valet parking signage will be removed upon expiration of the current permit.
D. 
In the event the City Council determines that a valet parking zone should be designated or shared by more than one establishment, the Police Department shall inform the applicants and take steps to insure this determination is implemented in a cost-effective and expeditious manner. Under this arrangement, the City Council may require that one establishment be the permit holder and others be listed on the permit. An independent valet parking operator which holds a permit shall list all of the establishments for which they provide services on the permit.
Valet parking permits shall be issued to establishments or independent valet parking operators for the period July 1 through June 30. Special or one-day permits may be issued as provided in § 240-116 below. All permits shall expire on June 30 of each year and must be renewed annually. The Police Department shall receive and maintain a log of comments and complaints throughout the year and shall provide such log to the City Council for review at the annual renewal of existing permits. No valet parking permit may be issued, renewed, be removed from suspension, or be reinstated following revocation until all fines issued thereunder and any other payments due and owing to the City of Haverhill have been fully satisfied.
The fees for the use of the curb space and signage are as follows: $20 per linear foot of curb space per year and $150 per sign for a five-year period. Fees may be prorated for the first year a permit is issued to an establishment commencing with the first full month the permit is issued.
A. 
Haverhill Police Officers and parking attendants are authorized to enforce the provisions of this article.
B. 
Conducting or operating a valet parking operation without a valet parking permit issued hereunder shall subject the establishment serviced by the valet parking operation, independent valet parking operator and/or the valet operator to a fine not exceeding $300 for the first offense, and $300 for each subsequent offense. Each day on which a violation exists shall constitute a separate offense.
C. 
For a violation of any of the provisions of this article by a current valet parking permit holder, a written warning shall be issued and shall identify the nature of the problem and may state corrective action. Copies of written warnings will also be provided to the appropriate valet parking operator, if applicable. Following the issuance of at least one written warning to a permit holder, the Police Department may refer any additional or continuing violations to the City Council which may schedule a hearing. The purpose of the hearing will be to receive additional information and determine if additional enforcement measures are warranted. The permit holder shall be provided prior written notice of the hearing and may attend and present information. Following a hearing, the City Council shall determine what, if any, additional enforcement measures to take. Such measures may include an additional written warning or a modification, suspension or revocation of the permit. Actions involving the modification, suspension or revocation of a permit shall be based upon the severity of the problem. A first suspension shall be for a period of not more than five days; a second suspension shall be for a period of not more than 10 days; and a third suspension shall be for a period of not more than 15 days. Following the third suspension the City Council may, following a hearing, impose an indefinite suspension or it may revoke the permit.
A. 
No valet parking operator who is engaged in providing valet services, including but not limited to receiving or discharging passengers, making arrangements to remove the vehicle to a designated off-street parking facility, parking a vehicle, or otherwise in control of a vehicle subject to valet parking requirements, may engage in such activities unless the valet parking operator is wearing a jacket or shirt clearly marked "VALET" across the back in reflective lettering that shall be highly contrasting with the background/field/screen. Each individual letter of the word "VALET" shall be no smaller than three inches in height. The front of the jacket or shirt worn by the valet parking operator shall include the name of the person, business, establishment, or corporation granted a valet parking permit. Compliance with these sections shall require the jacket or shirt required in this section to be the outermost garment worn by the valet parking operator.
B. 
Any violation of this section is subject to a fine of $100 as well as any other parking violation fines and penalties as set forth in Code of the City of Haverhill. Two or more violations of this section in the term of a permit year by a valet parking operator may result in the suspension or revocation of the valet parking permit according to the provisions set forth in § 240-115.
The Police Chief may, in his or her discretion, issue special or one-day permits for valet parking. Such permits shall, as determined by the Police Chief, comply with all of the provisions hereunder, and applications for such permits shall be submitted no later than 72 hours prior to the date of the event. The fee for a special or one-day permit shall be $50 for each such permit.
In case any section, paragraph or part of this article is for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.