[HISTORY: Adopted by the City Council of the City of Springfield 2-12-2010 (Title 9,
Ch. 9.34, of the 1986 Code). Amendments noted where applicable.]
A.
The primary purpose of public streets and rights-of-way is the free
and unobstructed right of travel. The City of Springfield recognizes
that the use of public streets and rights-of-way for valet parking
operations will provide a public benefit and enhance our ability to
attract retail and other businesses downtown. The City may therefore
permit and restrict valet parking operations as a special privilege,
not as a matter of right. The approval of any permit under this chapter
for the use of the public right-of-way is on a temporary and nonpermanent
basis and is for a nonexclusive use of that public right-of-way. Those
persons granted permits under this chapter shall have neither property
interest in nor any entitlement to the granting or continuation of
any permit for the use of any public right-of-way.
B.
The City of Springfield has implemented a valet parking ordinance
to regulate valet parking services within the City, assist visitors
and residents in parking vehicles within the City and promote the
more efficient use of limited on-street parking spaces. This chapter
is written to govern valet parking operations, the issuance of valet
parking permits and to prohibit valet parking of a car in any space
that is not in a licensed off-street parking facility except at the
end of daily valet operations. These regulations seek to ensure that
valet parking personnel do not park cars illegally or in spaces that
would otherwise be available to visitors and residents in a neighborhood.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
An off-street parking facility which is used for commercial
parking.
The standing of a vehicle, whether occupied or not, upon
a street otherwise than temporarily for the purpose of, and while
actually engaged in, receiving or discharging passengers or loading,
unloading and delivering merchandise, or in obedience to traffic regulations,
signs or signals or an involuntary stopping of the vehicle by reason
of causes beyond the control of the vehicle operator.
The entire width between property lines of any public street,
avenue, road, alley, highway, lane, path or other public place located
in the City and established for the use of vehicles.
The receiving, taking possession of, driving, moving, parking
or leaving standing of any vehicle that is left at one location to
be driven to another location for parking, whether or not a charge
is levied, and whether or not done under contract to the business
or organization for which the vehicles are being parked, or done independently.
It does not include operators of public or private off-street parking
operations or facilities where customers park their own vehicles and
remove the keys themselves or if the valet operation takes place solely
on private property.
Any employee or agent of a person, business, establishment,
or corporation granted a valet parking permit who is engaged in receiving
or discharging passengers or loading or unloading baggage from a vehicle,
making arrangements to remove a vehicle to a designated off-street
parking facility, parking a vehicle, or otherwise in control of a
vehicle subject to valet parking requirements.
A permit issued to a person, business, establishment or corporation
pursuant to approval of the City of Springfield Traffic Commission.
A single vehicle space, normally 20 feet to 22 feet in length
on a public way along the curb, in which the loading and unloading
of possessions is legal.
Any device in, upon or by which any person or property is
or may be transported upon a highway, except a device which is operated
upon rails or tracks, or motivated by human power.
A.
An operator of the proposed valet parking program shall submit an
application to the City of Springfield Traffic Commission 45 days
prior to the proposed starting date. Valet parking operations in business
prior to the passage of this chapter may remain in business during
the application process on the condition that such operator meets
all other requirements of this chapter.
B.
The application shall include, but is not limited to, the following:
(1)
Name, address, phone number of valet operator;
(2)
Name, address, phone number of the establishment for whom valet service
is proposed;
(3)
A plan of the proposed pick-up/drop-off area, the number of spaces
required;
(4)
A detailed plan of the proposed valet operation, including hours
and days of operations, routes to and from the parking area(s), and
number of valets; and
(5)
Proof that the valet operator maintains the minimum levels and standards
of liability insurance or claims reserves as required by the Springfield
Traffic Commission. A certificate of insurance or insurance policy
coverage declaration page shall be an acceptable form of proof of
coverage in the amount of $1,000,000.
A.
The valet parking operators, and any person acting under or pursuant
to an operator's or sponsor's permit, agree to indemnify,
hold harmless, release and defend, to the maximum extent permitted
by law, and covenant not to sue the City, its Council and each member
thereof, employees, Commission members and representatives, from any
and all liability, loss, suits, judgments, costs, and expenses (including
attorney's fees and costs of litigation) which in whole or in
part result from, or arise out of, directly or indirectly, wholly
or in part, or are claimed to result from, or arise out of:
(1)
Any
use or performance under the permit;
(2)
The
activities and operations of the operator or sponsor and its employees,
subcontractors or agents;
(3)
Any
condition of property used in the operation; or
(4)
Any
acts, errors or omissions (including, without limitation, professional
negligence) of the operator or sponsor and its employees, subcontractors
or agents in connection with the valet parking operation.
B.
This indemnity includes, but is not limited to, personal injury (including
death at any time) and property or other damage sustained by any person
or persons (including, but not limited to, companies, or corporations,
valet parking operators and employees, valet parking customers and
members of the general public).
A.
The Public Works Department of the City of Springfield may issue
a special street obstruction permit good for one year for valet parking,
for the period beginning July 1 and ending on June 30 of the following
year.
B.
The Director of Public Works or the City of Springfield Traffic Commission
shall reject any application which would adversely affect public safety
or interfere with the free flow of pedestrian or vehicular traffic
during the valet operating hours. The City of Springfield Traffic
Commission shall hold public hearings on any request to issue a valet
parking permit prior to issuance.
C.
If the City of Springfield Traffic Commission approves the application,
the valet parking permit will be forwarded to the applicant.
D.
The Director of Public Works may promulgate the required traffic
regulations for valet parking operators.
E.
The cost for valet space shall be $2.50 per year per foot of curb
required to operate the service safely between 6:00 p.m. and 6:00
a.m. in parking areas without parking meters on the days required.
[Amended 6-16-2016]
F.
If the City of Springfield Traffic Commission approves the application, the applicant will be responsible for covering the parking meter(s) during the hours of valet operation. The bag used to cover the meter(s) shall be approved by the City of Springfield. The valet operator will be charged the cost noted above in Subsection E and an additional fee equal to the parking meter hourly rate multiplied by the number of regular operating hours per business day for the length of time the valet parking permit is issued.
H.
There shall be a one-day fee of $10 for one-day special street obstruction
permits. Such permit applications shall be filed at least 72 hours
prior to the scheduled event.
A.
It is unlawful for any person to operate, engage in, conduct, manage,
or cause to be operated any valet parking operation or any related
activity upon any portion of a public street or right-of-way or other
City property, except under the terms and conditions of a current
operator's valet parking permit and, if using the public street
or right-of-way in any manner for drop-off and pick-up of vehicles,
under the terms and conditions of a current establishment's valet
parking permit and with the posting of an official valet parking sign
authorized for that location. On private property, the additional
authorization of the owner or lessee of such property is required.
B.
No valet parking operator who is engaged in providing valet services,
including but not limited to receiving or discharging passengers or
loading or unloading baggage from a vehicle, 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 identifying him or her
as a valet.
C.
Nothing in this chapter is intended to authorize or authorizes the
parking of motor vehicles by valet parking operators in a manner contrary
to, and all valet parking operators shall comply with, applicable
state laws and local parking and traffic regulations.
D.
If any provision of these sections imposes greater restrictions or
obligations than those imposed by any other general law, special law,
regulation, rule, ordinance, order, or policy, then the provisions
of these sections shall control.
A.
The City of Springfield Code Enforcement Department and City of Springfield
Police Department and their designees shall have the authority to
enforce the provisions of this chapter. The enforcing person shall
give the violator a notice of the violation and fine, and the violation
and fine may be disposed of pursuant to MGL c. 40, § 21D.
B.
Any violation of this chapter shall be subject to a fine of $50. A penalty of $30 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation. All fines hereunder may be recovered by the noncriminal disposition procedures stated in Chapter 1, § 1-25, of this Code and MGL c. 40, § 21D, which procedures are incorporated herein by reference; provided, however, that if a violator fails to follow the procedures and requirement of said MGL c. 40, § 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to MGL c. 40, § 21.
C.
Three or more violations of this chapter in a calendar year by a
valet parking operator may result in the suspension or revocation
of the valet parking permit.
D.
No valet parking permit may be renewed, be removed from suspension,
or be reinstated following revocation until all fines issued thereunder
have been fully satisfied.
A.
The Director of Public Works or the City of Springfield Traffic Commission
may temporarily suspend any operator's or sponsor's permit,
without a hearing, whenever the continued valet parking operation
by the valet parking operator would, in his/her/its discretion, constitute
a danger to public health, safety or welfare, including, without limitation:
(1)
The operations have interfered with, or threaten to interfere with,
the public's use of the streets or the normal flow of vehicular
or pedestrian traffic on any public right-of-way or City-owned property;
(2)
The operations would threaten a hazard to public safety; or
(3)
The valet parking operator has failed to maintain the minimum levels
and standards of liability insurance or claims reserves.
B.
The notice of temporary suspension may be personally delivered to the party named or to the address given on the application pursuant to which such permit was issued, or mailed by registered or certified mail to the party named at the address given on the application pursuant to which such permit was issued. The temporary suspension is effective upon the earlier of either receipt or the expiration of five days from the date of mailing. The notice of temporary suspension shall include a notice of hearing and all other information required by § 265-9. The temporary suspension shall remain effective until the decision on revocation or suspension is final, or until the condition is corrected.
C.
The Director of Public Works or the City of Springfield Traffic Commission may, from time to time, with or without temporary suspension, suspend or revoke any operator's or sponsor's permit whenever it is determined, after notice and hearing as set forth in § 265-9, and based upon substantial evidence, that:
(1)
The permit holder or any of its drivers, employees, agents, or subcontractors
have operated or parked vehicles, or operated the valet parking operations,
contrary to law, including the use of unlicensed drivers or the failure
to comply with the Code of the City of Springfield, this chapter or
the regulations hereunder, or state law in connection with the operation
under permit;
(2)
The permit holder or any of its drivers, employees, agents, or subcontractors
have failed to comply with or violated any permit condition, including
failure to maintain the minimum levels and standards of liability
insurance or claims reserves for any period of time;
(3)
The permit holder or any of its drivers, employees, agents, or subcontractors
have provided false or incomplete permit application information;
(4)
Any reason exists for which the permit might have been denied in
the first instance;
(5)
The operations constitute a danger to public health, safety or welfare,
including, without limitation, interference with the public use of
the streets, the normal flow of vehicle or pedestrian traffic on any
public right-of-way or City-owned property; or
(6)
The operations constitute a public nuisance, including, but not limited
to, a visual blight.
D.
The Parking Clerk may charge the sponsor and/or operator a revocation
fee, in an amount set from time to time by resolution of the City
Council, for each notice of revocation.
E.
Any revocation, suspension or modification of any permit shall be
in addition to any other penalties otherwise provided by law.
F.
Should the valet parking operator continue to operate after the permit
has been terminated and should the City be forced to file suit to
restrain the valet parking operator, the valet parking operator shall,
in addition to criminal and other penalties herein, reimburse the
City for its reasonable costs and expenses in connection therewith,
including attorney's fees.
A.
A notice of intent to revoke or suspend an operator's or sponsor's
permit shall be personally delivered or be mailed, at the direction
of the Director, to the party named and to the address given on the
application pursuant to which such permit was issued; shall state
grounds for suspension or revocation; and shall give the permit holder
notice of a hearing thereon, which shall be convened within 10 days
of notice. The notice shall advise the party of the date, time and
place of the hearing, that he/she may be represented by counsel and
any other information deemed proper.
B.
An independent hearing officer shall preside over the hearing and
shall consider testimony of City staff and the permit holder, if present,
and any other evidence determined to be relevant to any matter at
issue.
D.
Within 15 days after the conclusion of the hearing, the hearing officer
shall render a decision and shall mail notice of the decision to the
permit holder.
E.
A decision to revoke or suspend a permit shall become effective on
the 15th day after the date of notice of the decision.
F.
Upon delivery of a notice of decision to revoke or suspend a sponsor's
permit, the City shall have the right to require the immediate removal
of all obstructions in the public right-of-way, and may perform such
removal if the valet parking operator fails to do so.
G.
The valet parking operator shall reimburse the City for any expense
incurred by the City in removing any obstruction.
H.
Should the valet parking operator continue to use the public right-of-way
after the permit has been revoked or suspended, the City may, in addition
to other remedies and actions, take appropriate action to restrain
the use of the public right-of-way by the valet parking operator and,
in such event, the valet parking operator shall reimburse the City
for its reasonable costs and expenses in connection therewith, including
reasonable attorney's fees and court costs.
I.
If a permit is revoked or suspended by the City, the valet parking
operator shall be entitled to a pro-rata refund of the regular permit
fee.
