[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1985 by Ord. No. 585-1]
It is the policy of the City of Rehoboth Beach to permit the operation
of valet parking services within the corporate limits of the city under controlled
safeguards to complement the enjoyment of the public of the resources of the
city and to be consistent with the preservation of the historic culture and
environment of the city.
For the purposes of this article, the following definitions shall be
applicable unless the context clearly indicates to the contrary:
Written authorization to engage in uses or activities permitted by
this article that are otherwise prohibited.
Any individual, partnership, corporation or other entity which either
earns, manages, directs or controls activities authorized by this article.
The physical location or locations where the public may pick up a
vehicle which had previously been parked by a permit holder.
The physical location or locations where the public may transfer
a vehicle to a permit holder for parking.
The operation of a service whereby employees of a holder of a permit
pursuant to this article park privately owned vehicles and return them to
their owners for a fee.
The administration of this article shall be by the City Manager.
Any person desiring a permit to operate a valet parking service within
the corporate limits of the city shall file an application with the City Manager
on the form furnished by the City Manager. The applicant shall file with the
application the permit fee as hereinafter provided, and shall, in addition,
furnish the following:
A.
The type of ownership of the business, i.e., whether
an individual, partnership, corporation or otherwise.
B.
The name, style and designation under which the business
will be operated.
C.
The business address and all telephone numbers of the
business to be conducted.
E.
The proposed route or routes to be used.
F.
The requested location of each public unloading point
and loading point.
G.
A liability insurance policy in the minimum amount of
$1,000,000 for bodily injury and $120,000 for collision and property damage
liability issued by a company licensed to do business in this state in which
the applicant shall be named as the party insured, naming the city as an additional
insured.
H.
A permit fee in the amount of $250.
I.
The City Manager shall be vested with the sole discretion
to approve or disapprove the application after considering the application
in light of the information contained therein in reference to vehicular traffic,
pedestrian traffic, the commercial or residential character of the points
and any other factors which might affect the health, safety and welfare of
the city. Should the application be approved, the City Manager shall designate
the unloading and loading points and shall cause them to be appropriately
marked. Should the City Manager designate metered parking spots as a part
of said points, he shall contract with the permit holder for payment of lost
revenues from said meters at the rate of $6 per day per meter. The City Manager
shall also approve the type and location of signs erected by the applicant,
and said signs shall not violate any sign ordinances of the city.
J.
The loading and unloading points and the parking meter spots designated by the City Manager pursuant to Subsection I hereof for the use of the permit holder shall be considered as restricted parking spaces pursuant to Section 18-30 of the Rehoboth Beach Code and any unauthorized vehicle parking in such spots or points shall be subject to the penalties set forth in said Section 18-30. In addition, any police officer of the city, while in the performance of his duty, may remove or cause to be removed from such restricted parking space, at the expense of the owner or operator of such motor vehicle, any unauthorized motor vehicle parked or left standing in any such restricted parking space when the owner or operator is unable, unwilling or not available to move such motor vehicle immediately.
A.
Each person to whom a permit is issued pursuant to this
article shall have an employee, other than the driver, stationed at each public
unloading and loading point to avoid congestion, to assist in loading and
unloading passengers and to maintain the public unloading and loading points
in a safe and clean condition.
B.
No public loading or unloading point of any operator
shall be located closer to the public loading or unloading points of any other
operator than two intersecting streets or 1,000 feet, whichever is greater.
C.
Each driver of any vehicle and each person who is stationed
at a public unloading or loading point shall be the agents, servants or employees
of the person to whom the permit is issued pursuant to this article and shall
not be the agents, servants or employees of the city.
D.
The valet service shall not be operated in such a way
as to cause or contribute to traffic congestion.
E.
Each person to whom a permit is issued shall designate
a person to be responsible for the operation and to receive complaints.
F.
Should any loading or unloading point be temporarily
closed to traffic by the city, the permit holder shall have no right to use
such area which is closed, and the city shall not be liable for any damages
for loss of income, but if any parking metered areas are involved, the permit
holder will not be liable to pay for the use of such meters while the loading
or unloading point is closed to traffic. In such an event, the City Manager
may, if feasible, designate a temporary alternate loading or unloading point.
G.
It will be the responsibility of the permit holder to
obtain all other permits necessary to operate the valet parking service.
Upon application and for good cause the City Manager shall have the
authority to modify or amend the permit issued pursuant to this article, provided
that such modification or amendment does not conflict with the policy, standards
or objectives set forth in this article.
A.
Any permit issued pursuant to this article shall be valid
from April 1 of one year through March 31 of the following year.
B.
Any application for renewal of a permit shall be filed with the City Manager prior to January 1 of the year in which the permit is to be issued accompanied by an application fee as required by § 194-5.
C.
No application for any valet service permit shall be
acted upon by the City Manager until after January 1 of the year in which
the application is made, and a decision on said permit shall be reached before
February 1 of said year.
D.
Any person who received a permit for the year immediately
preceding the year of the application shall be issued a permit for the same
public loading and unloading points, provided that the application, together
with the required permit fee, is received by the City Manager prior to January
1 of the year for which the application is made, and provided that such person
has complied in all respects with this article and the conditions of his permit
and that this article is still in effect.
E.
Nothing contained herein shall give the permit holder
any right to continue its business should the Commissioners of Rehoboth Beach
decide to repeal this article.
The City Manager may revoke the permit of any person to whom a permit
is issued, pursuant to provisions of this article, because of any violation
of the provisions of this article or of any other ordinance of the city or
of any statute of the State of Delaware, or of any statute of the United States
of America; provided, however, that before any permit is revoked by the City
Manager, he shall give 10 days' written notice in advance by certified
mail with return receipt requested and postage prepaid directed to the person
to whom the permit was issued at the usual place of business within the corporate
limits of the city of the reason for the revocation; and upon the correction
of the defect within 10 days following receipt of said notice, no revocation
shall take effect. If the defect is not corrected within the said ten-day
period, the license shall be revoked at the expiration thereof.
Any person violating any of the provisions of this article shall be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than $25 nor more than $100 or be imprisoned for a period of not
more than 20 days, or both, and shall pay the cost of prosecution. For the
purposes of this article, each day that a violation occurs shall be deemed
to be a separate offense.
