[Added 5-20-2015 by Ord.
No. 115-2015]
A.
It is the intent of this Article of the code to establish and set
forth standards for the provision of valet parking. The purposes of
this Article are to:
(1)
Provide regulations governing valet parking as part of the City's
overall parking management program;
(2)
Provide regulations to ensure an efficient use of land that
is consistent with the City's Comprehensive Plan and regulations set
forth in this Chapter;
(3)
Improve ease and availability of parking;
(4)
Reduce vehicular circulation and traffic congestion;
(5)
Improve the quality of life for residents, visitors and businesses;
(6)
Support and enhance business and economic development initiatives.
A.
This Article of the code shall apply to valet and attendant parking operations as set forth below. In particular, this Article of Chapter 331 of the code shall govern the following permitted activities subject to the regulations set forth below:
(1)
Valet parking to municipal parking facilities;
(2)
Valet parking to private parking lots;
(3)
Valet parking at on-street parking locations;
(4)
Valet parking from centrally located kiosks;
(5)
Attendant parking at off-street municipal parking facilities;
(6)
Attendant parking at private parking facilities.
Private Valet Operators shall annually apply for Special Permit Approval from the Building Official pursuant to the requirements of § 331-87 to operate a private valet operation subject to the requirements of this Article.
A.
Valet equipment located within an area used for pedestrian circulation
shall not impede the public right-of-way and shall always provide
adequate space for accessible routes as set forth by ADA guidelines.
B.
No permanent structures are permitted in the public right-of-way.
Valet equipment shall not be affixed, attached or chained in any manner
within the right-of-way or to any existing features within the right-of-way,
except for the rules governing central kiosks.
A.
Queuing areas shall not be located within a sidewalk or other areas
dedicated to pedestrians.
B.
Valet Operators may use public parking either on-street or in an
off-street facility. The use of on-street parking shall be specifically
marked for valet operations by having a limited number of on-street
meters located in front of an eligible business be bagged only during
a specified timeframe in order to protect the public health and safety
by promoting the most efficient and safest flow of traffic in furtherance
of the purposes of this Article.
C.
Valet operations shall include a minimum of two valet attendants
present during operational hours.
D.
Permits issued under this Article shall be conspicuously displayed
at all times at the valet operation location identified on the permit
and shall be available for inspection upon request of the City.
E.
Valet operations shall promptly satisfy any traffic, parking or other
violations that may result due to the conduct of the valet operations.
F.
Valet operations shall not occur in an area required for off-street
parking of another permitted use, unless it is during a time that
the primary use is not in operation and has been approved as part
of the special Permit Application.
G.
Valet equipment shall be well maintained, have a clean and attractive
appearance, be in good repair at all times, and be removed from the
public right-of-way at the close of valet operations each day.
H.
No advertising signs shall be permitted on the sidewalk or in the
right-of-way. This shall not prohibit the use of one business identification
sign, bearing no advertising other than the name of the valet operator
and not exceeding five square feet in area, to be affixed to a valet
operator service stand on the sidewalk and identify "valet parking."
This shall not apply to a freestanding kiosk approved by the Building
Official.
I.
Any operator shall comply with any and all other provisions of the City's code as applicable except the off-street parking requirements set forth in Article XIV.
J.
Any operator shall at all times maintain insurance and shall name
the City of New Rochelle as an additional insured.
K.
If after inspection by the City of a valet operation, noncompliance
with any of the foregoing requirements is identified, the Building
Official is authorized within his/her discretion to modify conditions
of the permit, temporarily suspend the permit or revoke the permit,
in accordance with this Article.
L.
Valet operations are required to register with the City's Retail
Business Registration Program.
A.
A temporary valet permit may be issued at the discretion of the Commissioner
of Development subject to the following:
(1)
An operator may apply for a temporary valet permit on a form provided by the City no later than seven days prior to the proposed special event, unless such application is for a declared emergency as provided in Subsection A(2)(b) of this section.
(2)
Temporary valet permits are restricted as follows:
(a)
Special event for nonresidential use.
[1]
No more than six temporary valet permits will be issued for
the same location within any twelve-month period.
[2]
Temporary permits for a special event shall be restricted to
events lasting no longer than five consecutive days.
[3]
The City may require, as a condition of the temporary valet
permit, additional queuing, storage space or both when available,
providing the additional space does not interfere with public parking
needed for the general public.
(b)
Emergency.
[1]
A temporary permit may be issued when the City Manager deems
an emergency to exist. An emergency is defined as a situation or occurrence
of a serious nature in which the provision of valet service would
help protect the health, safety and welfare of the public.
[2]
Temporary permits issued for an emergency declared by the City
Manager are subject to the conditions stated on the permit. All other
terms and conditions of this Article shall apply to temporary valet
permits.
A.
As a condition to the issuance of the permit, a valet operator shall
submit to the City to the satisfaction of the Corporation Counsel
its agreement, in writing, to indemnify, hold harmless and defend
the City and the Business Improvement District, its representatives,
employees, and elected and appointed officials, from and against all
liability, claims, damages, suits, losses, and expenses of any kind,
including reasonable attorney's fees and costs for appeal, associated
with or arising out of or from the Special Permit allowed under this
Article, the use of ROW or other public areas for valet operations
or arising from any negligent act, omission or error of the valet
operator, its agents or employees or from the failure of the valet
operator, its agents or employees, to comply with each and every requirement
of this Article or with any other federal, state, or local traffic
law or any combination of same.
B.
The valet operator shall provide and maintain such commercial general
liability and property damage insurance subject to the approval of
the Corporation Counsel to protect the City from all claims and damage
to property or bodily injury, including death, which may arise from
valet operations. Such insurance, shall be provided from an insurance
company with an A.M. Best rating of not less than "A" and a financial
strength rating of not less than "VII," acceptable to the Corporation
Counsel, and shall provide coverage of not less than $1,000,000 combined
single limit of liability per occurrence for bodily injury, and property
damage including blanket contractual liability and all broad form
comprehensive general liability enhancements. Such insurance shall
be without prejudice to coverage otherwise existing and shall name
as additional insured the City of New Rochelle, Mayor and City Council,
and its officers and employees, and shall further provide that the
policy shall not terminate or be canceled prior to the completion
of the permit period without 60 days' written notice to the Building
Official and the Commissioner of Development at the address shown
in the permit. Additionally, the valet operator shall provide "garage
keepers" legal liability insurance providing specified causes of loss
coverage, collision coverage, and comprehensive coverage for vehicles
under the control of the valet parking operator with a minimum of
$1,000,000 per location. Further, the valet operator must provide
workers' compensation to all their employees and must provide the
Corporation Counsel with a certificate of insurance for New York State
Workers' Compensation Insurance at the state statutory limit. The
valet operator must also provide coverage for employee dishonesty
at a minimum of $10,000.
(1)
The City will accept $1,000 physical damage deductibles with
the understanding that the valet operator will pay the Claimant this
amount directly. If the City of New Rochelle is forced to pay the
damaged party, they will seek reimbursement, including the cost of
labor to do so.
C.
The operator shall provide proof of all required insurance in the
form of a policy endorsement prior to receiving a permit and upon
each renewal thereafter.
A.
An existing valet permit ("existing valet permit") may be amended
to permit an existing operator to serve an additional business or
an additional user may be permitted to apply for and receive a valet
permit for the same valet area already in use by a primary operator
if the following conditions are met:
(1)
The business that is proposed to be served by an existing operator
or an additional user is within the same building as the business
served under the existing valet permit or within 100 feet of the existing
valet area; and
(2)
The hours, dates or times for the valet operation of the existing
operator or additional user do not conflict with or overlap the existing
valet permit area. The additional user may use the valet area during
hours of a day or night that are different than those used under an
existing valet permit.
(3)
All other requirements and criteria for a valet permit are met
by the additional user.
B.
An additional user will only be permitted to use a valet parking
permit area that overlaps with the operation of a primary operator
if the primary operator consents to an amendment of the existing valet
permit to include a secondary user and the secondary user application
meets all of the requirements of this Article for a new valet parking
permit.
A.
It shall be unlawful for a valet operator to provide or engage in
valet parking service without a valid valet special permit issued
pursuant to this Article. A valet special permit that has expired
or that has been suspended or revoked is not a valid permit.
B.
It shall be unlawful for a valet operator to provide or engage in
valet parking service in violation of the terms and conditions of
a valet parking permit that pertains to the valet parking service.
C.
It shall be unlawful for a valet operator to stop or direct traffic
or act in violation of local and state law.
A.
A permit may be temporarily suspended by the City if it is determined
the portion of the ROW that is part of a valet operation pursuant
to a permit needs to be free and clear of valet operations. The City
shall use reasonable efforts to provide written notice to the valet
operator within three business days of temporary suspension. If the
temporary suspension is to occur sooner than three business days,
the City will make reasonable efforts to notify the valet operator
at the contact phone number and/or email address shown on the permit
application.
B.
The Fire Department or Police Department may immediately remove or
relocate all or parts of the valet operations in emergency situations.
The City and its officers and employees shall not be responsible for
valet operation equipment relocated during emergencies. Officers of
the police department, or such special officers as are assigned by
the City of New Rochelle, are hereby authorized to direct traffic,
including dropoff and pickup vehicles, as conditions may require,
notwithstanding the provisions of this Article or other applicable
law.
C.
If the City determines the hiring of required detail officers or
public safety personnel to direct traffic during the operation of
the valet activities does not adequately address a threat to public
safety, then the City, in the interest of protecting the public health,
safety, and welfare, may order the termination of the valet parking
service at a particular location until the threat to public safety
is addressed or has ceased to the satisfaction of the City.
A.
The City may deny, revoke or suspend a permit for a valet operation
if it is found that:
(1)
Any required business permit has expired or been suspended,
revoked or cancelled;
(2)
The operator does not have the insurance in the minimum amount
described herein;
(3)
The operator has failed to correct violations of this Article
or conditions of the permit within three days of receipt of the City's
notice of same delivered, in writing, to the operator by registered
mail, return receipt requested to the last address provided by the
operator to the City;
(4)
The operator is found in violation of any provision of this
Article three times within a one-year permit period; or
(5)
The valet operation endangers the health, safety, or welfare
of the public, including but not limited to interference with pedestrian
or vehicular traffic, the public right-of-way, or the use of any pole,
sign, fire hydrant, traffic signal, or other public safety device,
or when it is determined that any false statements or misrepresentation
of facts were made in the application for permit.
(6)
Any false statements or misrepresentation of facts were made
in the application for permit; or
(7)
The queuing space(s) are being used for purposes other than
as permitted pursuant to the permit.
(8)
For any other good cause shown.
B.
The City shall notify the operator, in writing, when a permit is
revoked. The notice to the operator shall include the effective date,
the process by which the operator can appeal the revocation, and the
specific reasons for the revocation.
C.
Valet equipment may be removed by the City and a reasonable fee charged
for labor, transportation and storage, should the operator fail to
remove said items within twenty-four hours of receipt of City's notice
of suspension or revocation of permit. Valet equipment that has been
removed may be disposed of by the City after 30 days if unclaimed.
D.
The City shall notify the operator, in writing, when valet equipment
is removed by the City for any of the reasons provided in this Article.
The notice shall include the date of removal, an inventory of equipment
removed, the charges for such removal, and the process by which the
operator can claim their property.
E.
Any operator who had a permit revoked shall not be issued additional
permits for a period of six months.
Appeal of the denial of an application for a permit or revocation
of a permit shall be governed by Article 78 of the New York Civil
Practice Laws and Rules.
Nothing in this Article is intended to establish any legal right
to provide a private valet operation or any legal property interest
in a valet parking permit or the public right-of-way.
Any person who operates or causes to be operated a valet operation
in violation of any provision of this Article shall be subject to
enforcement and penalties pursuant to the City Code of the City of
New Rochelle.
A.
Enforcement: If the Building Official finds a violation of this Article,
the Building Official shall issue a notice of violation to the violator.
B.
Fines: The following civil fines shall be imposed for each violation
per location:
(1)
Illegal queuing. Illegal use of public right-of-way for the
purpose of accepting or delivering a vehicle or accepting or delivering
a vehicle when a vehicle is stored in the assigned queue for over
10 minutes.
(2)
Illegal storage. Illegal storage of vehicle(s) in public facilities
and/or public right-of-way or in unauthorized private storage location(s)
as described in permit (occupational license).
(3)
Operation without valet permit: $250 per offense/per day.
(4)
Penalty for lapse in required insurance coverage (from date
of lapse): $100 per offense/per day.
(5)
No valid driver's license: $250 per offense and immediate removal
of the employee from the valet operation.
(6)
The Building Official shall withhold issuance of any new valet
permits and leased public on-street/curbside valet parking spaces,
and suspend current valet permits until past due violations are paid
in full.
(7)
Valet operator's responsibility for vehicles in their possession.
Valet operators shall pay all fines and fees, including towing charges,
arising in connection with a patron's vehicle which is in the possession
of the valet operator at the time such charge is incurred. This does
not preclude the valet operator from also being cited by the Building
Official for violations of this section which resulted in the imposition
of the fines and fee.
