[Derived from Art. XXI of Ch. V of the Charter and Ordinances,
1974]
Whenever used in this article, the following terms shall mean
and include:
Any automobile, truck, trailer, combination truck and trailer
or any other self-propelled wheeled vehicle.
Any building or structure that is designed for the purpose
of parking multiple cars, trucks and other vehicles.
[Added 12-14-2021, effective 12-14-2021][1]
Any open outdoor space or uncovered plot, place, lot, parcel,
yard or enclosure or any portion thereof where more than five motor
vehicles may be parked, stored, housed or kept for which any charge
is made.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Professional engineer (PE) means an individual who has fulfilled
education and experience requirements and passed rigorous exams that,
under New York State licensure laws, permits them to offer engineering
services directly to the public.
[Added 12-14-2021, effective 12-14-2021]
Any open outdoor space or uncovered plot, place, lot, parcel,
yard or enclosure or any portion thereof whose permanent use may be
undetermined but whose interim use shall be public parking for which
any charge is made. Such interim use shall be determined and based
on the inclusion of a thirty-day or less cancellation provision in
the lease or occupancy documents.
[1]
Editor's Note: This ordinance also changed the title of the
article from "Parking Lot Businesses" to "Parking Businesses."
[Amended 12-14-2021, effective 12-14-2021]
It shall be unlawful for any person to conduct the business
of parking, housing, keeping or storing motor vehicles and charging
therefor on a parking lot or parking garage structure within the City
of Buffalo without first having obtained a license in the manner hereinafter
set forth.
[Amended 12-14-2021, effective 12-14-2021]
The requirements of this article applicable to parking lots
shall not be applicable to a university or college approved by the
State Board of Education and nonprofit general hospitals which personally
manage and operate a parking lot where such parking lot is restricted
to employees, students, visitors and staff members of such institutions.
Applications for licenses required by this article shall be
made upon forms provided by the Board of Parking, shall be signed
and verified under oath by the applicant, if an individual, and by
a duly authorized agent, if a partnership or a corporation, and shall
set forth the following:
A.
If a person, the name and address of the applicant.
B.
If a partnership, the name, residence and business address of each
partner.
C.
If a corporation, the name, date and state under whose laws such
corporation was organized and, if a foreign corporation, whether authorized
to do business in the State of New York, the names of the principal
officers, directors and local representatives, their residences and
the business address.
D.
A plot or drawing of said parking lot or parking garage structure,
showing its location, size and capacity and the location and size
of entrances and exits, kind of surfacing and the location, size and
construction of attendants' station and the walls or barriers surrounding
said premises.
[Amended 12-14-2021, effective 12-14-2021]
E.
The hours for storage or parking of vehicles and whether night storage
is to be maintained upon the licensed premises.
F.
The hours during which parking attendants will be on duty.
G.
The complete schedule of the rates to be charged for the storing
or parking of vehicles.
H.
A statement of any prior revocation of license or refusal by the
City to issue a license to the applicant or any partner, employee,
officer or director of applicant's company.
I.
The telephone number where the applicant can be reached during normal
business hours.
J.
The application must show the premises are owned or leased by the
applicant, and if leased, the name and residence and business address
of each owner or partner thereof.
K.
Such other information as the Commissioner of Permit and Inspection
Services may deem necessary for the issuance of said licenses.
[Amended 12-23-2003, effective 12-31-2003]
Every application for a license hereunder shall be accompanied
by a policy of premises liability insurance or evidence thereof, in
the sum of not less than $100,000 per person and $300,000 for each
accident and $10,000 for property damage for legal liability for any
and all claims or judgments for damages resulting to persons or property
on said premises, except property included in the insurance hereinafter
described. The application shall also be accompanied by a policy of
legal liability insurance up to $25,000 for fire, theft and vandalism
covering vehicles parked or stored on the licensed premises. Such
policies or evidence thereof shall be approved as to form by the Corporation
Counsel and as to sufficiency by the Comptroller and must remain in
full force and effect for the full period of time for which the license
is effective. The owner and/or licensee shall indemnify and save harmless
the City of Buffalo against all loss and damage, claims and demands,
costs, charges and judgments, for injuries to persons or property
or other cause arising out of the acts of the parking lot operators.
[Amended 5-22-1995, effective 6-2-1995; 12-14-2021, effective 12-14-2021]
The biennial license fee for the operation of a parking lot and parking garage structure shall be as provided in Chapter 175, Fees.
[Amended 12-23-2003, effective 12-31-2003; 12-14-2021, effective 12-14-2021]
After an investigation by the Department of Police and after
an investigation by the Department of Permit and Inspection Services
for compliance with zoning and building ordinances and as to the physical
condition of the lot and after an investigation by the Department
of Public Works, Parks and Streets of the entrances and exits and
curb cuts, and upon the satisfactory conclusion of the above investigations,
and the proper license fees having been paid, if the Commissioner
of Permit and Inspection Services shall be reasonably satisfied that
the applicant has a good character and that the statements set forth
in the application are true and that all laws and ordinances pertaining
thereto have been complied with, he shall issue to the applicant a
license for a parking lot. All licenses shall expire on the second
October 1 following the date of issuance. An application for renewal
of a license shall be filed on or before June 1.
[Added 12-14-2021, effective 12-14-2021]
After an investigation by the Department of Permit and Inspection Services for compliance with zoning and building ordinances and the submittal of a "Condition Assessment Report" for the parking garage structure as required in § 307-22.2, and after an investigation by the Department of Public Works, Parks and Streets of the entrances and exits and curb cuts, and upon the satisfactory conclusion of the above investigations, and the proper license fees having been paid, if the Commissioner of Permit and Inspection Services shall be reasonably satisfied that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, he shall issue to the applicant a license for a parking garage structure. All licenses shall expire three years following the date of issuance. An application for renewal of a license along with the "Condition Assessment Report" shall be filed 30 days prior to the license expiration date.
[Added 12-14-2021, effective 12-14-2021]
The owner or operator of each parking garage structure shall
cause such parking garage structure to undergo an initial condition
assessment as described in Subsection A of this section, periodic
condition assessments as described in Subsection D of this section,
and such additional conditional assessments as may be required under
Subsection C of this section. Each condition assessment shall be conducted
by or under the direct supervision of a professional engineer. A written
report of each condition assessment shall be prepared, and provided
to the Department of Permit and Inspection Services, in accordance
with the requirements of Subsection D of this section. Before performing
a condition assessment (other than the initial condition assessment)
of a parking garage structure, the responsible professional engineer
for such condition assessment shall review all available previous
condition assessment reports for such parking garage structure.
A.
Initial condition assessment. Each parking garage structure shall
undergo an initial condition assessment as follows:
(1)
New parking garage structures shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy
or certificate of compliance being issued for the structure.
(2)
Existing parking garage structures shall undergo an initial
condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2002; and
(c)
If originally constructed between January 1, 2003, and effective
date of the rule adding this section to this chapter, then prior to
October 1, 2021.
B.
Periodic condition assessments. Following the initial condition assessment
of a parking garage structure, such parking garage structure shall
undergo periodic condition assessments at intervals not to exceed
three years.
C.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage structure includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage structure, or any portion of such parking garage structure, be performed before the date by which the next periodic condition assessment would be required under Subsection B of this section, the Department of Permit and Inspection Services shall require the owner or operator of such parking garage structure to cause such parking garage structure (or, if applicable, the portion of such parking garage structure identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Department of Permit and Inspection Services becomes aware of any new or increased deterioration which, in the judgment of the Department of Permit and Inspection Services, indicates that an additional condition assessment of the entire parking garage structure, or of the portion of the parking garage structure affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection B of this section, the Department of Permit and Inspection Services shall require the owner or operator of such parking garage structure (or, if applicable, the portion of the parking garage structure affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Department of Permit and Inspection Services to be appropriate.
D.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such sealed
and signed condition assessment report to the Department of Permit
and Inspection Services within 30 days of parking garage structure
inspection. Such condition assessment report signed and sealed by
the responsible professional engineer shall include:
(1)
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that could result in an unsafe
condition or an unsafe structure;
(2)
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that, in the opinion of the
responsible professional engineer, should be remedied immediately
to prevent an unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not
addressing the deterioration, conditions that cause deterioration,
and unsafe conditions;
(7)
The responsible professional engineer's recommendation
regarding preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage structure, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation
regarding the time within which the next condition assessment of the
parking garage structure or portion thereof should be performed. In
making the recommendation regarding the time within which the next
condition assessment of the parking garage structure or portion thereof
should be performed, the responsible professional engineer shall consider
the parking garage structure's age, maintenance history, structural
condition, construction materials, frequency and intensity of use,
location, exposure to the elements, and any other factors deemed relevant
by the responsible professional engineer in his or her professional
judgment.
No license issued under this article shall be transferable or
assigned or used by any person other than the one to whom it is issued
or at any location other than the one for which it is issued.
[Amended 12-23-2003, effective 12-31-2003; 12-14-2021, effective 12-14-2021]
The Commissioner of Permit and Inspection Services may revoke
any parking lot or parking garage structure license if upon a hearing
after a reasonable written notice of the time and place of such hearing,
the Commissioner of Permit and Inspection Services finds that:
A.
The licensee has made any false or materially incorrect statement
in the application.
B.
The licensee violates or willfully permits or willfully countenances
the violation of any provision of this article.
C.
The licensee has made any charge for parking or storing a vehicle other than those set forth in his license application or as modified pursuant to § 307-26.
D.
The licensee violated or permitted or countenanced the violation
of any provision of any penal law or ordinance concerning the licensed
premises or regarding the theft, larceny or conversion of a motor
vehicle or the operation of a motor vehicle without the owner's consent,
whether such licensee has been convicted of such offense or not.
E.
The licensee fails to properly supervise and maintain the licensed
premises.
F.
The licensee so operates and maintains the licensed premises as to
be detrimental to the health, morals, safety or general welfare of
the City of Buffalo.
Every licensee shall file with the Board of Parking at the time
of application for a license a complete schedule of rates and charges
to be made for storing or parking motor vehicles on the premises to
be licensed.
A.
No licensee shall make any charge for storing or parking any vehicle
in the parking lot or parking garage structure in excess of that set
forth in his application for a license unless and until he has notified
the Board of Parking in writing 10 days in advance of any change.
The licensee shall post a duplicate copy of such notice for a period
of 10 days in a conspicuous place at the main entrance of the parking
lot. The new rates shall take effect upon the expiration of the ten-day
period. Any change in the rates and charges made by a licensee pursuant
to this section shall remain in effect for at least 30 days after
the filing of such change, and no further change in the rates and
charges may be submitted by a licensee to the Board of Parking until
after the expiration of said thirty-day period.
[Amended 12-14-2021, effective 12-14-2021]
B.
When a vehicle is left for parking, no licensee shall collect an
initial charge for such parking in excess of the basic authorized
minimum charge as posted.
[Amended 12-14-2021, effective 12-14-2021]
Each licensee shall maintain near each entrance conspicuously
posted and plainly visible from the street a permanently affixed sign
suitable to apprise persons using the parking lot or parking garage
structure of the name of the licensee, the hours of the day or night
when such place is open for parking or storing motor vehicles, the
rates charged and the closing hours of such parking lot. Where more
than one rate is charged for parking, the figures for each rate shall
be of the same size and dimensions, and such figures shall measure
not less than six inches in height, and the letters and figures indicating
the closing hours shall be not less than four inches in height. All
such signs shall conform to any City ordinances regulating signs.
When separate rates or charges are made for day parking and night
parking, the night rate shall become effective at 6:00 p.m., and a
notice thereof shall be posted on the signs heretofore described.
No sign shall be erected in such a manner as to interfere with, mislead
or confuse vehicular traffic on the adjoining streets. Said sign or
signs shall be not less than three feet by four feet in size.
[Amended 4-30-2002, effective 5-7-2002]
A.
Every parking lot or parking garage structure shall have at least
one parking attendant upon the premises at all times during the hours
of operation as posted, except that no attendant is required of a
parking lot serving weekly or monthly customers only and the same
is specified on its application or if the lot is mechanically controlled,
i.e., automated pay machines.
[Amended 12-14-2021, effective 12-14-2021]
B.
Attendants must remain on duty until 30 minutes after special events
have concluded. The term "special events" is defined as any athletic
or entertainment function where the public is invited.
C.
Each licensee shall use his best endeavors to employ honest, courteous
and competent attendants.
D.
It shall be unlawful for any licensee under this article to permit
any person not employed by such licensee to loiter in or about the
parking lot or parking garage structure of such licensee.
[Amended 12-14-2021, effective 12-14-2021]
[Amended 12-14-2021, effective 12-14-2021]
It shall be unlawful for any person to distribute literature
or place handbills in or upon any vehicle while parked in a parking
lot or parking garage structure.
[Amended 12-14-2021, effective 12-14-2021]
No licensee shall sublet, sublease or otherwise permit any parking
lot or portion thereof or parking garage structure or portion thereof
to be used by any vendor of goods, wares or merchandise or services
for the conduct of such vendor's business unless the same is conducted
in a permanent building that complies with the building ordinances
of the City of Buffalo.
[Amended 12-14-2021, effective 12-14-2021]
Every licensee shall promptly notify the Department of Police
of every claim made by reason of loss, theft or conversion or any
injury to person or any damage to property, in the amount of $50 or
more, from the operation of a licensed parking lot or parking garage
structure and occurring during the hours said premises are regularly
open for business. The obligation created by this section shall not
extend beyond the regular posted hours of attendance.
[Amended 12-14-2021, effective 12-14-2021]
Every licensee shall promptly notify the Department of Police
of the license number, make and the name of the owner, if known to
him, of every vehicle left in a parking lot or parking garage structure
for a period of more than 48 consecutive hours.
The loading or unloading of passengers or drivers of vehicles
across or upon a public sidewalk is hereby prohibited. Any operator
or employee who delivers or parks vehicles other than within the property
line of the parking lot or aids or assists in blocking any sidewalk
or street shall be deemed to have violated provisions of this article.
[Amended 10-15-2002, effective 10-28-2002; 12-14-2021, effective 12-14-2021]
A.
It shall be unlawful for any licensee of a parking lot or parking
garage structure to make or permit any use for any purpose whatsoever
of any vehicle parked in such place, unless the use shall have first
been expressly authorized by the owner or person having control of
such vehicle. No licensee shall transfer or cause to be moved or transferred
any parked vehicle through or upon the street without the consent
of the owner or persons having control of such vehicle, except parking
lots or parking garage structures under common ownership separated
by a public street commonly known as an "alley."
B.
Notwithstanding the provisions of § 307-34A above, the parking lot or parking garage structure licensee shall have the right to request the removal of a vehicle parked on the lot or structure without the licensee's consent. Such removal shall be done by a tower duly licensed by the City of Buffalo as required by § 454-2 of the Code of the City of Buffalo. The licensed City tower shall promptly notify the police precinct in which the vehicle was located at the time of towing pursuant to New York Vehicle and Traffic Law § 1210(c). Any licensee of a parking lot or parking garage structure may cause a vehicle to be disabled through the use of any mechanism which will not permanently damage the vehicle in the event that a vehicle is parked without consent on the licensed parking lot or parking garage structure. The licensee may require payment of the maximum daily rate for parking for each day the vehicle remains disabled on the lot or structure. In addition, the licensee may charge a fee of not more than $75 for the services involved in the installation and removal of any device used for purposes of disabling the vehicle.
C.
In the event a vehicle is towed at the direction of a parking lot or parking garage structure licensee by a tower duly licensed by the City of Buffalo, then that licensed City tower shall have the authority to charge such rates and fees as allowed by Chapter 479 of the Code of the City of Buffalo for the release of such vehicle.
[Amended 12-14-2021, effective 12-14-2021]
When a vehicle is left for storing or parking, the licensee
of the parking lot or parking garage structure, his agents, servants
or employees shall furnish the owner or operator of said vehicle with
a claim check if such owner or operator demands the same.
[Amended 12-14-2021, effective 12-14-2021]
Every parking lot or parking garage structure shall be equipped
with such proper hand fire-extinguishing apparatus as required by
the Department of Fire, and all vehicles shall be so parked or stored
that they may be reached readily in case of fire or other emergency.
[Amended 12-14-2021, effective 12-14-2021]
Each parking lot or parking garage structure shall have a properly
designated entrance and exit, which may or may not be combined, and
such entrance and exit shall be properly attended while the parking
lot is in operation.
[Amended 12-23-2003, effective 12-31-2003]
Except for places of entrance and exit, every parking lot shall
be completely enclosed by barriers of a permanent, suitable type approved
by the Department of Permit and Inspection Services and constructed
and maintained so as to withstand the shocks and stresses to which
they will normally be subjected by vehicles using the premises and
shall be of such height as to properly engage the wheels or bumper
of any motor vehicle parked on said lot so that no portion of the
vehicle shall extend over the property lines. When said lot abuts
on a building, barriers shall be erected as provided in this section
to prevent motor vehicles from striking such building. Parking lots
whose side, sides or front is adjacent to a public street commonly
known as an "alley" shall not be required to install the barriers
hereinabove required on said alley side or sides if the Department
of Public Works, Parks and Streets of the City of Buffalo shall not
require said barriers. Parking lots the use of whose side, sides,
or rear is given in easement to an adjacent property as legal open
space as in the case of ingress or egress or any other reason shall
place barriers so that no portion of any parked vehicle shall extend
over the easement lines into the easement area.
[Amended 12-14-2021, effective 12-14-2021]
Every operator of the parking lot or parking garage structure
shall keep the sidewalk surrounding the premises free from dirt, ice,
sleet and snow and shall keep the sidewalks and driveways open and
in a safe condition for the travel of pedestrians. The owner shall
be responsible for the proper maintenance of that portion of the sidewalk
fronting the public way between the curbline and the property line.
A.
Every parking lot, parking garage structure, and access driveways
thereto shall be paved and shall be so graded and drained as to dispose
of all surface water accumulations.
[Amended 12-14-2021, effective 12-14-2021]
B.
Only those temporary parking areas leased by the City of Buffalo,
Buffalo Urban Renewal Agency, State of New York, or New York State
Thruway Authority may be exempted from paving and only upon the judgment
and recommendation of the Board of Parking. In any such instance,
a regularly oiled crushed stone and/or similarly durable and dustless
surface material so graded and drained as to dispose of all surface
water accumulations shall be required.
Such parking lot shall be lighted after sundown during its period
of operation with sufficient light to give protection to persons using
said lot.
Any licensed parking lot with facilities for 50 or more cars
shall contain a shelter house for the attendant.
[Amended 12-14-2021, effective 12-14-2021]
All parking lots and parking garage structures shall be given
30 days after the effective date of this article to file an application
and plans for approval for a license; and no license for an existing
parking lot shall be issued after October 1, 1959, unless complete
compliance with this article has taken place. All permits for parking
lots heretofore issued shall terminate 30 days after the effective
date of this article.
[Amended 12-14-2021, effective 12-14-2021]
The type of vehicle permitted to be stored or kept upon a licensed
parking lot or parking garage structure, and requirements for dimensions
of parking spaces shall be in compliance with the Zoning Ordinance
of the City of Buffalo.[1]
[Amended 12-14-2021, effective 12-14-2021]
A.
All new or rehabilitated parking lots licensed after the effective
date of this section, but never having previously been licensed, shall
reserve 2% of total parking capacity as disabled parking spaces. Such
spaces may only be used by those vehicles bearing the parking permits
for disabled persons as provided for in Chapter 838 of the Laws of
the State of New York of 1977.[1] Such spaces shall be properly identified and will not
be considered as a part of the capacity when determining the annual
licensing fee.
[1]
Editor's Note: See § 1203-a of the Vehicle and Traffic
Law.
B.
Each licensee shall maintain near each entrance to the lot a permanently
affixed and plainly visible sign suitable to apprise persons using
the parking lot that those who occupy spaces reserved for persons
with disabilities without authority to do so are subject to prosecution
under the appropriate City ordinances. All such signs shall conform
to any City ordinances regulating signs.
[Amended 12-14-2021, effective 12-14-2021]
With respect to the licensing of any parking lot or parking garage structure subject to the provisions of this article which is located on lands owned by the City or by any other governmental body or agency, the Common Council, upon the written recommendation of the Board of Parking, may, by resolution, modify, alter, change or suspend any of the provisions of §§ 307-38, 307-40 and 307-41 of this article.
