City of Springfield, MA Parking, Valet

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.

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.

§ 265-2 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

PARKING AREA

An off-street parking facility which is used for commercial parking.

PARK or 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.

STREET

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.

VALET PARKING OPERATION

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.

VALET PARKING OPERATOR

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.

VALET PARKING PERMIT

A permit issued to a person, business, establishment or corporation pursuant to approval of the City of Springfield Traffic Commission.

VALET SPACE

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.

VEHICLE

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.

§ 265-3 Procedure for obtaining permits.

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.

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.

§ 265-4 Indemnification.

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.

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).

§ 265-5 Procedure for obtaining parking spaces; fees; one-day permits.

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.

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.

If the City of Springfield Traffic Commission approves the application, the valet parking permit will be forwarded to the applicant.

The Director of Public Works may promulgate the required traffic regulations for valet parking operators.

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]

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.

The fees listed in Subsections E and F will be pro-rated monthly if a valet parking operation begins service prior to July 1 of any year. Any part of a month will be charged as a full month.

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.

§ 265-6 Permit required; operating requirements.

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.

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.

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.

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.

§ 265-7 Enforcement; violations and penalties.

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.

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.

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.

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.

§ 265-8 Revocation or suspension of permits.

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.

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.

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.

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.

Any revocation, suspension or modification of any permit shall be in addition to any other penalties otherwise provided by law.

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.

§ 265-9 Revocation or suspension notice and hearing.

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.

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.

At the hearing, the hearing officer may revoke or suspend the permit by making one of the findings under Subsection C of § 265-8 based upon substantial evidence.

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.

A decision to revoke or suspend a permit shall become effective on the 15th day after the date of notice of the decision.

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.

The valet parking operator shall reimburse the City for any expense incurred by the City in removing any obstruction.

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.

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.