[Adopted 10-4-2005, effective 10-14-2005]
As used in this article, the following terms shall have the
meanings indicated:
The parking spaces along the curbline of a business where
a valet operator may receive vehicles from and return vehicles to
the customers of the business, but at no time shall any vehicles be
parked in this area. The designated area shall not exceed 40 linear
feet.
The Director of Parking Enforcement.
A valet parking service in which the valet operator receives
a vehicle from or returns a vehicle to a customer at an area in a
public street.
The location of the business served by the valet parking
service.
A cone, sign, or meter bag that has been obtained from or
approved by the City of Buffalo.
A person or the person's employee that provides valet parking
services to a business.
The service of receiving, parking, and returning vehicles
for the customers of a business.
On-street valet parking is permitted only as provided in this
article.
The Director and the Commissioner of Public Works, Parks and
Streets, shall promulgate rules and procedures to implement this article.
The Director shall file a copy of the rules and procedures with the
City Clerk.
A valet operator or a valet parking permit holder must maintain general liability insurance coverage as required by the Director and outlined in the valet parking rules and procedures pursuant to § 307-61.
A.
To obtain or renew an on-street valet operating permit a person must:
B.
An application for a valet operating permit must include;
(1)
The name, mailing address, and phone number of the applicant;
(2)
The name and location of each service location at which the applicant
intends to provide on-street valet parking service;
(3)
The hours of operation of the on-street valet parking service at
each service location;
(5)
Certification that each of the applicant's employees has a driver's
license valid in the State of New York, and has received a proper
training instructing the employee in the local and state laws governing
valet parking;
(6)
Certification that the applicant's employees who are engaged in valet
parking vehicles will wear retroreflective safety vests or other retroreflective
material while working during the nighttime;
(7)
Certification that loading or offloading of customers from vehicles
will occur only in the designated area at each service location;
(8)
A telephone number will allow the Department to contact the applicant
or an employee 24 hours a day; and
(9)
The location of any signs or attendance stands to be used by the
applicant at the service location and the designated area.
B.
A permit holder shall keep a copy of the permit readily available
at the service location, and shall produce the copy at the request
of the Director, a Buffalo police officer, or any other person designated
by the Director.
C.
A permit holder may use no more than 1/3 of the parking spaces in
the designated area to park customer vehicles. A vehicle may not be
parked in a designated area of a service location unless traffic may
move safely in the lanes adjacent to the designated area.
A.
A valet operator shall place the operator's booth or stand at the
service location the sidewalk in an unobstructed pedestrian pathway
at least six feet wide.
B.
A valet operator shall provide a retroreflective safety vest or other
retroreflective material to an employee who enters the street while
on duty during nighttime hours. An employee shall be required to wear
the retroreflective vest or retroreflective material while on duty.
C.
A valet operator is responsible for the security of keys left with
the operator by a customer. The valet operator shall keep the keys
in a secure place.
D.
A valet operator shall place a valet parking tag inside each customer's
vehicle that includes the following information, which must be clearly
legible from the outside of the house:
E.
The information required by Subsection (D)(2) may be provided by
a recorded message that informs a customer of the time and place the
customer may obtain keys left in the valet operator's custody, and
the location of the parking facility at which the valet operator parks
vehicles for each service location.
A.
A valet operator may not:
(1)
Double park a vehicle;
(2)
Leave a vehicle unattended in the street except in the designated
area;
(3)
Receive or return a customer's vehicle at a location other than the
designated area for the service location;
(4)
Park a vehicle on private property unless written authorization has
been obtained from the owner of the property; or
(5)
Violate a law relating to the stopping, standing, or parking of motor
vehicles.
B.
A valet operator shall have custody of the keys to a vehicle while
the vehicle is unattended in the designated area.
C.
A valet operator may allow attended vehicles of the operator's customers
to temporarily queue in the traffic lane adjacent to the designated
area if the queuing does not:
The valet operator shall immediately inform a customer of a
parking citation issued to the customer's vehicle during the time
the vehicle was parked by the valet operator. The valet operator shall
be responsible for the fees associated with said parking citation
issued while the customer's vehicle was in the custody of the valet
operator.
A.
A business establishment may not provide on-street valet parking
service to customers unless the business has a valet parking permit
issued under this article.
B.
A business establishment may provide valet parking service to customers
without a valet parking permit if the service is operated entirely
on private property.
C.
An application for a valet parking permit must include:
(1)
The name, address, and phone number of the applicant;
(2)
The name and location of the business to be served by a valet operator;
(3)
A copy of the on-street valet operating permit held by the person
who will provide valet parking service for the applicant;
(4)
Documentation showing that the applicant is covered by a policy of insurance as required by § 307-62; and
(5)
If vehicles will be parked at a location other than the applicant's
premises, a written statement from the owner of the property indicating
that then property owner agrees to accept vehicles from the applicant's
valet parking service.
A.
The Director shall issue a permit if the Director determines that:
(1)
Valet parking service can safely be provided at the proposed location;
(2)
The applicant meets the requirements of this article; and
(3)
The Commissioner of Public Works, Parks and Streets and the Director
of Parking Enforcement shall determine that the designated area will
not cause any safety or traffic concerns for vehicles or pedestrians
in the surrounding areas.
B.
An on-street valet parking permit issued under this article must
include:
(1)
The number and location of on-street parking spaces that the permit
holder may use to receive vehicles from and return vehicles to the
permit holder's customers;
(2)
A statement that the permit holder may use on-street parking spaces
that are immediately adjacent to the permit holder's business location;
and
(3)
The hours during which valet parking service may be provided at the
service location; and
(4)
The Commissioner of Public Works, Parks and Streets approves the
issuance of the valet parking permit.
The valet operator shall:
A.
Provide the valet permit holder parking meter hoods that will clearly
indicate the proper signage identifying the designated area, and that
the parking meter spaces in the designated area are reserved for valet
parking only and that vehicles parked in the spaces for purposes other
than valet parking may be towed;
B.
Install traffic control devices at the designated area indicating
the location and extent of the designated area, and the hours the
designated area is reserved for valet parking; and
C.
Install traffic control devices on the pavement of the traffic lane
immediately adjacent to the designated area to indicate the traffic
lane is a restricted lane;
A.
The Department may issue a temporary valet parking permit to a person
to operate a valet parking service for a special event.
C.
A temporary permit issued under this section is valid for the period
indicated on the permit.
D.
The holder of a temporary permit may use three parking spaces as
a designated area. The Director may allow the permit holder to use
additional spaces for the designated area if:
A.
The Director shall grant or deny an application for a permit under
this article no later than the 10th day the application is received
by the department.
C.
In addition to the requirements of Subsection B, the director shall deny an application for a valet parking permit if the Department determines that the proposed valet parking service at the location may:
D.
If the Director denies an application for a permit under this article,
the Department shall send notice of the denial to the applicant by
certified mail, return receipt requested, to the applicant's mailing
address listed on the application. A notice mailed under this subsection
is considered received on the 10th day after mailing, unless an earlier
date is indicated on the return receipt.
A.
The Director may revoke or modify a permit under this section if
the permit holder violates this article at a service location on more
than three separate days within a twelve-month period.
B.
The Director may revoke a permit at any time if the Director determines
that the applicant made a false statement on the permit application.
C.
If the Director revokes a permit under this section, the Director
shall send notice of the revocation or modification to the permit
holder by certified mail, return receipt requested, to the permit
holder's mailing address listed on the application. A notice mailed
under this subsection is considered received on the 10th day after
mailing, unless an earlier date is indicated on the return receipt.
B.
The appeal must be submitted to the A.A. in writing not later than
the 10th day after receipt of notice of the adverse action.
C.
A.A. shall hold an informal hearing on the appeal not later than
the 10th day after the appeal is received. At the hearing the formal
rules of evidence do not apply. A.A. shall decide the appeal on the
basis of the preponderance of the evidence presented.
D.
A.A. shall make a determination on the appeal not later than the
10th day after the hearing. A.A. may affirm, reverse, or modify the
Director's previous determination.
E.
The decision of A.A. on appeal may be appealed to the New York Supreme
Court.
Fees shall be established by separate ordinance under Chapter 175 for the following:
The Director shall enforce this article and rules adopted under
this article.
A.
A person commits an offense if the person performing an act prohibited
by this article or fails to perform an act required by this article.
B.
An offense under this section is a violation punishable by a fine
not to exceed $500.
C.
Each instance of a violation of this article is a separate offense.