[Ord. No. 2016-15 Exh.
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The mayor and council find and declare as follows:
(a) The various cultural, social and educational activities and restaurants
available in Princeton's downtown business district attract significant
numbers of vehicular traffic and create an increased demand for parking
convenient to the locations offering such activities especially on
weekend evenings.
(b) The municipality's designation of one or more valet parking
service areas at appropriate location(s) under its jurisdiction will
increase available parking options for visitors during these times
of increased demand for parking.
(c) The regulation of persons providing valet parking services through
use of a valet parking service area will promote the safe and efficient
operation of a valet parking service, and ensure safety for patrons
and accountability for the licensed persons.
[Ord. No. 2016-15 Exh.
A]
For the purposes of this article the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Ramping. Use of the valet parking service area to allow customers
to enter or exit a vehicle and turn it over to or retrieve it from
valet parking operator employees. Ramping shall only be permitted
and operated in a public right-of-way specifically authorized for
same by the mayor and council under Section 31-36 below.
Valet parking operator; operator. Any person, partnership, corporation
or any other type of entity engaged in the business of parking automobiles
for a fixed period of time for which it charges a fare or price agreed
upon in advance between the operator and the customer. Valet parking
services operated by an establishment such as a hotel or restaurant
on private property as a courtesy to its customers is excluded from
this definition.
Valet parking service area. The public on-street right-of-way
to be utilized for the valet parking service.
Wage theft. Having been found guilty, liable or responsible
in any judicial or administrative proceeding of committing a violation
of the Federal Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201
et seq., the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a. et
seq., the New Jersey State Wage Payment Law, N.J.S.A. 34:11-4.1 et
seq. or N.J.S.A. 2C:40A-2 (violation of contract to pay employees).
[Ord. No. 2016-15 Exh.
A]
The mayor and council may, in their discretion, designate by
ordinance such places under their jurisdiction in the municipality
as areas which can be used for the drop-off and pick-up of vehicles
by valet parking operators, as they may deem expedient and proper.
The chief of police, in order to meet a temporary condition
or emergency, may temporarily relocate an existing valet service parking
area for a period not exceeding seven days or until the next meeting
of the mayor and council, whichever is sooner. The mayor and council
may relocate a valet parking service area by resolution for such period
of time as may be necessary to meet the temporary condition or emergency.
[Ord. No. 2016-15 Exh.
A]
Except as may be required or authorized by law or ordinance,
no valet parking operator licensed under this article shall refuse
to accept a customer and a customer shall be serviced on a first-come,
first-serve basis. No licensed operator shall refuse service to any
customer based on race, creed, color, national origin, ancestry, age,
sex, gender identity or expression, affectional or sexual orientation,
marital status, familial status, disability or nationality, or any
other basis in violation of state or federal law.
[Ord. No. 2016-15 Exh.
A]
It shall be unlawful for a valet parking operator to conduct
its business within a municipal right-of-way without first having
obtained a license therefor from the mayor and council as provided
in this article.
[Ord. No. 2016-15 Exh.
A]
A valet parking operator license shall not be transferable.
[Ord. No. 2016-15 Exh.
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In the event the mayor and council have designated one or more
places to serve as valet parking service area(s), then the mayor and
council may issue no more than one license per valet parking service
area for the operation of a valet parking service, through the solicitation
of competitive bids or informal proposals, as may be required by and
in accordance with the Local Public Contracts Law. The issuance of
any valet parking operator license for use of a valet parking service
area shall comply with the minimum requirements set forth in this
article, and shall also be in accordance with any additional terms
and conditions as may be set forth by the mayor and council.
The applicant shall give such information as may be deemed by
the mayor and council as requisite to determine the fitness of the
applicant to conduct the business. Every applicant for a license must
be at least 18 years of age and shall provide the following information
at a minimum:
(a) Name, address and telephone number of the business or person(s) on
whose behalf the valet parking operator license is sought (referred
to in this section as "applicant").
(b) A description of the location(s) of where the valet parking services
will take place, including proof that it has made arrangements to
use private property for the parking of customer vehicles, and that
no public parking lots or streets will be used in connection with
the parking of vehicles.
(c) A copy of the driver's license for each of the applicant's
employees who will be parking vehicles on behalf of the applicant.
All such individuals shall be licensed in the States of New Jersey
or New York, or Commonwealth of Pennsylvania.
(d) A statement that none of the applicant's employees who will
be parking vehicles have been convicted of reckless driving, driving
while intoxicated, leaving the scene of an accident or speeding over
30 miles per hour above the speed limit. No employee who will park
vehicles shall have more than eight New Jersey Motor Vehicle Commission
points on his or her driving record, or the equivalent if licensed
in New York or Pennsylvania.
The applicant shall either provide proof that it has obtained
driver history abstracts required herein no more than one year prior
to the commencement of the service for the municipality, or provide
consent as may be necessary, for the Chief of Police to obtain driver
history abstracts, in accordance with New Jersey law. The cost for
obtaining driver history abstracts shall be borne by the applicant.
Licensed operators shall be responsible for complying with this subsection
(e) for new employees hired after a license is initially issued but during the license term.
(e) Certificate(s) of insurance evidencing the applicant's compliance
with the following minimum insurance requirements:
(1) A valet parking operator shall be required to maintain, during the
term of its license, commercial general liability insurance which
shall name Princeton, and each of its employees, officers, agents,
servants, and consultants as additional insured.
(2) The commercial liability insurance shall include contractual liability
insurance and shall provide for a minimum combined single limit of
$1,000,000 for bodily injury and/or property damage per accident and
per occurrence. In addition, the commercial general liability insurance
shall include garage keeper's liability insurance providing coverage
for vehicles under the control of the operator within a minimum of
$500,000.
(3) The operator shall maintain worker's compensation and employer's
liability insurance in accordance with the requirements of the laws
of the State of New Jersey and all other applicable laws and regulations.
(4) The operator shall maintain comprehensive automobile liability insurance
covering the operator for claims arising from all owned, hired and
non-owned vehicles with a combined single limit not less than $1,000,000
for bodily injury and/or property damage each accident.
(5) The operator's certificate(s) of insurance shall evidence the
coverage required above, and shall be updated as necessary to ensure
proof of compliance. The certificate(s) shall evidence that the municipality
shall be given at least 30 days' prior written notice of any
intention not to renew any of the insurance required herein or of
any intention to cancel or materially change such coverage, or any
reduction in such insurance coverage.
[Ord. No. 2016-15 Exh.
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Completed applications shall be forwarded to such municipal
departments as may be necessary to ensure compliance with this article
and other provisions of this Code, and to conduct such investigations
of the application, including but not limited to driver history abstracts
as may be required. Licenses shall be granted if in compliance with
this article and other applicable provisions of this Code. Licenses
shall be issued or denied by the clerk's office within 30 days
of receipt of said completed application, except that where sufficient
cause is shown therefor, the municipality shall have such additional
time as may be reasonably necessary to conduct its review and investigation.
Copies of licenses shall be kept at the valet parking service
area at all times in operation and shall be presented upon request.
[Ord. No. 2016-15 Exh.
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Licenses issued under this article shall be good and valid for
one year from the date of issuance, unless a shorter term is mutually
agreed upon between the valet parking operator and municipality.
The term shall be renewable for such additional one-year terms
as may be authorized under the terms of the contract between the valet
parking operator and municipality.
[Ord. No. 2016-15 Exh.
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Any license issued pursuant to this article may be permanently
revoked or suspended at any time for any violation of law (including
but not limited to wage theft laws), any provision of this article
or for other good cause shown, by the mayor and council after notice
and an opportunity for a hearing.
[Ord. No. 2016-15 Exh.
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The following general requirements shall govern the operation
of a valet parking service under a license herein authorized:
(a) The operator's license shall be specifically limited to the
valet parking service area and immediately adjacent sidewalk shown
on a site plan approved by the municipality that shall be attached
to and made part of the license.
(b) Mobile stands, chairs, umbrellas, key boxes and any other objects
necessary for the operation of the valet parking service shall be
maintained on the immediately adjacent sidewalk with a clean and attractive
appearance and shall be in good repair at all times and removed at
the close of business each day. No such objects shall be attached,
chained or in any manner affixed to any tree, post, sign or any other
fixture, curb or sidewalk in the authorized area. The base of the
mobile stand shall not exceed two feet by two feet in size. Any other
objects that may be used shall be approved by the municipality and
shall be shown on the site plan identified in subsection 31-44(a)
above.
(c) The sidewalk area covered by the license shall be maintained in a
neat and orderly appearance at all times and the area shall be cleared
of all debris as necessary during the day, and again at the close
of business each day.
(d) The smoking of tobacco shall not be permitted in the sidewalk area
covered by the license or valet parking service area during the operation
of the valet parking service for purposes of protecting customers
and individuals operating the valet parking service.
(e) The license covers only the pedestrian and public right-of-way authorized
thereby. Valet parking services and objects that may be necessary
for the operation located on private property shall be governed by
other applicable laws, regulations and ordinances.
(f) The licensed operator shall be permitted to use up to two signs located
on the sidewalk adjacent to the valet parking service area, each not
exceeding four square feet in area and to be affixed to the valet
parking service stand. Said sign(s) shall identify the business name,
indicate that "valet parking" is offered and set forth the pricing.
(g) The licensed operator shall provide claim tickets to customers identifying
the operator's name, correspondence address and a phone number
for questions/complaints.
(h) The licensed operator shall maintain a key control booth on the sidewalk
adjacent to the valet parking service area until all vehicles have
been claimed, or shall have a twenty-four-hour phone number for after-hours
vehicle pick up information.
(i) The public on-street right-of-way (valet parking service area) shall
only be used for purposes of ramping of vehicles. No vehicles shall
be stored in this area. A vehicle will be considered stored if it
remains in this area for more than 10 minutes. This area shall not
be blocked by any type of sign, nor shall it be cordoned off by any
type of signage, rope or barrier of any kind.
(j) Employees of the licensed operator who operate motor vehicles shall
have in their possession a valid driver's license in good standing
and shall abide by this article, and all traffic safety laws, regulations
and ordinances.
(k) Employees of the licensed operator shall be in similar uniforms and
wear on their uniforms name tags identifying their names.
(l) Employees of the licensed operator shall perform their duties in
a courteous and professional manner.
(m) In the event of an emergency, the Chief of Police may direct the
immediate removal or relocation of all or parts of the valet parking
service operation as may be necessary to respond to the emergency,
including but not limited to the directing of traffic in and around
the valet parking service area.
(n) Under no circumstances shall Princeton or any of its employees, officers,
agents, servants, or consultants be deemed responsible or liable in
any way for any damage or loss of any kind resulting from actions
which Princeton or its employees, officers, agents, servants or consultants
may take in order to enforce this article, including but not limited
to the removal of the operator's objects from the pedestrian
or public right-of-way in the case of emergencies or temporary relocation
of a valet parking service area.
[Ord. No. 2016-15 Exh.
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(a) Nothing in this article shall be construed to relieve a licensed
operator and its employees from compliance with any applicable federal
and state law or regulation and it shall be the responsibility of
each licensed operator and employee under this article to comply with
all such federal and state laws and regulations, including without
limitation state motor vehicle laws, federal and state wage and hour
laws and state workers' compensation laws.
(b) The licensed operator and its employees shall also comply with any
other applicable ordinances and provisions of this Code pertaining
to the health and economic welfare of employees, as may be adopted
from time to time.
[Ord. No. 2016-15 Exh.
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Any person violating any of the provisions of this article upon
conviction thereof shall be subject to the penalties set forth in
Section 1-6 of the Code. Repeat offenders, as that term is defined
in Section 1-6, shall be subject to the penalties set forth in Section
1-6.