[HISTORY: Adopted by the Village Board of the Village of
Port Chester 8-20-2018 by L.L.
No. 8-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 319.
The Village of Port Chester, with its thriving downtown restaurant
and retail district, understands that the temporary use of downtown
public streets and rights-of-way for valet parking operations provides
a distinct public benefit for business owners, visitors, and residents
alike. In 2017, the Village and Port Chester Industrial Development
Agency jointly sponsored a Mobility and Parking Management Study.
One of the key recommendations of the 2017 Mobility and Parking Management
Study was that the Village utilize valet parking. The purpose of this
chapter is to establish a means of permitting downtown valet on public
streets while simultaneously protecting public safety, free and efficient
movement of people and vehicles, and the general welfare of downtown.
This chapter is intended to provide a regulatory framework governing
valet parking as part of the Village's overall parking management
program, to ensure an efficient use of land that is consistent with
the Village's Comprehensive Plan, encourage the utilization of
private parking lots not in use during business hours, improve ease
and availability of parking downtown, reduce vehicular circulation
and traffic congestion, and improve the quality of life for residents,
visitors and business owners.
For the purposes of this chapter, the following definitions
shall apply:
A private parking lot, parking garage, or a legal on-street
parking location where valet parking vehicles are parked.
The act of taking a vehicle from the public right-of-way,
whether or not a fee is charged, and parking it at a receiving site.
Attendant parking within a parking lot or garage shall not constitute
valet parking.
A person who, through its agents and employees, provides
the service of valet parking.
A written plan describing the location where the valet parking
operation will be performed, including the number of parking spaces
exclusively available for use by the valet parking operator, and a
map depicting the placement of traffic control devices, the valet
parking zone, the receiving site, and the routes used when moving
a vehicle.
The service of receiving, parking, and returning vehicles
for the customers of a business.
The business, businesses, or entities which have contracted
with the valet parking operator for valet parking services at a specified
location.
A place adjacent to a curb reserved for the exclusive use
of vehicle for the expeditious loading and unloading of passengers
and to turn control of the vehicle over to a valet parking operator
for the expeditious removal of the vehicle from the valet parking
zone to receiving site.
A.
Applicability. This chapter shall apply only to valet parking operations
and related activities that utilize any portion of a Village street,
sidewalk, or other Village-owned or operated right-of-way.
B.
Eligible areas. Valet parking operations and related activities shall
be permitted only within downtown Port Chester, bounded as follows:
Mill Street to the north, the Byram River to the east, Purdy Avenue/William
Street to the south, Pearl Street/Willet Avenue to the west.
C.
Exemptions. Valet parking contained within private property shall
be exempt from the regulations contained in this chapter, as long
as there is no taking/loading of any vehicle from the public right-of-way,
including any portion of a Village street, sidewalk, or other Village-owned
or operated right-of-way.
A.
No person shall provide valet services at a particular location unless
the person has obtained a valet parking permit under this chapter.
A permit application shall be made by a valet parking operator (the
"applicant") on an application provided by the Village Manager or
his/her designee, and shall be accompanied by a proposed valet parking
plan submitted in the form required by the Village Manager or his/her
designee, which shall include the following:
(1)
Valet parking operator information. The valet parking operator's
name and address, valet parking operator's driver's license
number, the daytime and nighttime telephone and email of the valet
parking operator and designation who will manage the provision of
valet parking services at the particular location.
(2)
The proposed locations, days, and hours of operation of the valet.
(3)
The proposed pattern of discharge and pickup of vehicles, including
the extents of the valet parking zone, estimated number of vehicles
that will be valet parked during each hour of operation, and the number
of agents or employees that will provide valet parking during each
hour of operation.
(4)
Written consent from the valet parking sponsor and operator/owner
of the receiving site.
(5)
A traffic plan, including the proposed route to and from the valet
parking zone to each receiving site.
(6)
A list of employees and agents of the valet parking operator who
will be operating a vehicle to be valeted, and a quarterly certification
that each such employee or agent possesses a valid driver's license,
and copies of each such license.
(7)
A statement that the valet parking operator will both comply with
all applicable laws, rules, and regulations.
(8)
A statement that the valet parking operator is not delinquent in
the payment of any fees, taxes, or assessments due the Village of
Port Chester.
B.
The Village Manager or his/her designee shall approve the valet parking plan, including the valet parking zone, if he/she finds that the plan contains all information required by Subsection A, and if the Village Manager or his/her designee finds that:
(1)
The plan provides for sufficient staff to handle the projected number
of vehicles to be parked during all hours of valet operations; and
(2)
The plan includes provision for a sufficient number of parking places
at the receiving site and that the proposed routes to and from such
receiving site is appropriate.
C.
In deciding whether to approve a valet parking plan, including the
valet parking zone, the Village Manager or his/her designee shall
consider, including, but not limited to, the following criteria:
(1)
The distance from the business or businesses to the off-street parking
facility, normal traffic conditions on the proposed route at the time
of valet operations, the time required to travel safely the route
proposed and return to the business or businesses, on foot and with
a vehicle.
(2)
The estimated number of patrons using valet parking services during
each hour of operation.
(3)
The number of parking spaces at the off-street parking facility set
aside for the exclusive use of vehicles from the valet parking.
D.
Upon approval of the plan by the Village Manager or his/her designee,
the Village Manager or his/her designee shall issue a valet parking
permit.
E.
Valet parking operations are permitted as a special privilege and
not as a matter of right and are considered temporary, nonpermanent,
and for a nonexclusive use of the specific location.
A.
Valet parking permit and fee. The Village Manager or his/her designee shall issue a permit for the valet parking plan, including the valet parking zone, upon payment of the fee as set forth in Chapter 175. The permit shall specify the length and location of the valet parking zone, the days and hours permitted for operation, and such other conditions as the Village Manager or his/her designee may reasonably prescribe, and shall be valid for one year.
B.
Use of on-street parking meter/space. As part of any valet parking permit, should the use of an on-street parking meter or space be necessary, an additional fee shall be provided, as set forth in Chapter 175.
C.
Limitations on assigning or transferring. The permit shall only be
for the valet parking plan applied for. A permit for valet parking
may not be assigned or transferred to any other valet parking sponsor,
operator, or receiving site.
D.
Permits issued upon adoption of this chapter shall expire on December
31, 2018. Subsequently, all permits shall be issued for a term of
one year, beginning on January 1 and expiring on December 31.
Prior to the issuance of any valet parking permit, valet parking
operator shall, at their sole expense, maintain the following insurance
on their own behalf, and furnish to the Village certificates of insurance
evidencing same and reflecting the effective date of such coverage
as follows:
A.
Commercial general liability policy, with limits of no less than
$1,000,000 each occurrence/$2,000,000 aggregate for bodily injury
and property damage.
B.
Comprehensive automobile policy, with limits no less than $1,000,000
bodily injury and property damage liability, including coverage for
owned, nonowned, and hired private passenger and commercial vehicles.
C.
Workers' compensation and employers liability policy covering
operations in New York State. Evidence must be provided on a C-105.2,
waiver of subrogation to be included.
D.
New York State Disability covering all employees. DB 120.1 must be
provided.
E.
Umbrella liability, with limits of no less than $1,000,000 each occurrence/$1,000,000
aggregate, including coverage for general liability and automobile.
F.
Garagekeepers liability insurance: $200,000.
G.
The valet parking operator shall increase the amount of any of its
insurance policies should such an increase be required by any law
of New York State or any rule or regulation of any public entity with
appropriate jurisdiction.
H.
All insurance policies, except workers' compensation and New
York State Disability policies, shall bear the name of the valet parking
operator and name the Village of Port Chester as named additional
insureds and shall be from an insurance company with an A.M. Best
Insurance rating of "A-" or better. The Village and their assigns,
officers, employees, representatives, should apply on a primary and
noncontributory basis, including any self-insured retentions. To the
extent permitted by New York law, the valet operator waives all rights
of subrogation or similar rights against the Village, assigns, officers,
employees, representatives, and agents.
A.
Appearance.
(1)
Valet operations shall include a minimum of two valet attendants
present during operational hours.
(2)
All valet parking operators, attendants, and employees shall wear
a similar uniform which includes a nametag identifying the employee's
name and the name of the valet parking operator. The valet parking
operator shall provide a retro-reflective safety vest or other retro-reflective
material to an employee who enters the street while on duty during
nighttime hours.
(3)
Valet parking permits issued under this chapter 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 Village. The valet parking operator shall display the approved
route diagram at every valet loading and parking area.
(4)
Valet equipment.
(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.
(c)
The placement of all proposed valet equipment within the public
right-of-way shall be authorized only through an approved valet parking
plan.
(d)
Valet equipment shall be well maintained, have a clean and attractive
appearance, be in good repair at all times, and be removed at the
close of valet operations each day.
(5)
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 parking
operator and not exceeding five square feet in area, to be affixed
to a valet parking operator service stand on the sidewalk and identify
"valet parking."
B.
Operating procedures.
(1)
The valet parking operator shall place a valet parking tag inside
each customer's vehicle that includes, at a minimum, the following
information, which must be clearly legible from the outside of the
vehicle:
(2)
The valet parking operator shall post a sign at all locations where
the valet parking operator takes possession of a vehicle, which identifies,
at a minimum, the following information:
(3)
The valet parking operator is responsible for the security of keys
left with the valet parking operator by a customer. The valet parking
operator shall keep the keys in a secure place.
(4)
The valet parking operator shall cover all parking meters that are
present at the approved valet parking zone with valet parking meter
bags in a manner approved by the Village Manager or his/her designee.
(5)
It shall be unlawful for the valet parking operator, its employees
or agents, to stop, direct, alter, or manipulate the Village's
traffic pattern in any manner.
(6)
Traffic operations. A valet parking operator may not:
(a)
Double park a vehicle;
(b)
Leave any vehicle unattended in the street except in the designated
valet parking zone;
(c)
Receive or return a customer's vehicle at a location other
than the designated valet parking zone;
(d)
Park a vehicle on private property unless written authorization
has been obtained from the owner of the property; or
(e)
Violate a law relating to the stopping, standing, or parking
of motor vehicles.
C.
All valet parking operators, attendants, and employees shall perform
their duties in a courteous and professional manner.
A.
A permit may be revoked by the Village Manager or his/her designee
after notice to the permittee for:
(1)
Violation of any condition of the permit or of any provision of this
chapter;
(2)
Violation of any provision of any other applicable provision of law,
rule or regulation relating to the work; or
(3)
Existence of any condition or the performance of any act or omission
creating a public nuisance or endangering persons or the property
of others.
B.
Notice of any such violation or condition shall be delivered to the permittee. The notice shall contain a brief statement of the grounds relied upon for the proposed revocation of the permit. An opportunity to be heard with respect thereto shall be provided through the appeals process pursuant to § 313-10.
C.
Any valet parking operator who has a permit revoked shall be precluded
from making an application under this chapter for a period of no less
than one year from the date of revocations.
A.
A violation of this chapter shall be punishable by fine in an amount
not less than $500 nor imprisonment more than 15 days, or both. Each
day's violation shall constitute a separate and distinct offense.
B.
In addition, the Village may prosecute a violation through the commencement
of a civil action or injunction proceeding by the Village Attorney
in a court of competent jurisdiction.
The Village Manager's or his/her designee's decision regarding a valet parking permit (as promulgated in § 313-4) may be appealed to the Village of Port Chester Board of Trustees. Such appeal must occur within five days of the Village Manager's or his/her designee's written decision. An applicant shall have a right to appeal any denial to the Village of Port Chester Board of Trustees by filing a written appeal with the Village Clerk within 10 days of the written decision, which shall then be promptly referred to the Board of Trustees. The Board of Trustees shall schedule a hearing on the matter within 30 days of the receipt of the appeal from the Village Clerk.
The Village Manager or his/her designee is hereby authorized
to promulgate reasonable rules and procedures for application for,
issuance, and revocation of such permits. These rules and procedures
shall serve to implement the intent and purpose of this chapter, so
that necessary and beneficial activities may occur while providing
for protection of the public.
