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[Derived from Art. XXI of Ch. V of the Charter and Ordinances, 1974]
Whenever used in this article, the following terms shall mean and include:
MOTOR VEHICLE
Any automobile, truck, trailer, combination truck and trailer or any other self-propelled wheeled vehicle.
PARKING GARAGE STRUCTURE
Any building or structure that is designed for the purpose of parking multiple cars, trucks and other vehicles.
[Added 12-14-2021, effective 12-14-2021][1]
PARKING LOT
Any open outdoor space or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof where more than five motor vehicles may be parked, stored, housed or kept for which any charge is made.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PROFESSIONAL ENGINEER
Professional engineer (PE) means an individual who has fulfilled education and experience requirements and passed rigorous exams that, under New York State licensure laws, permits them to offer engineering services directly to the public.
[Added 12-14-2021, effective 12-14-2021]
TEMPORARY PARKING AREAS
Any open outdoor space or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof whose permanent use may be undetermined but whose interim use shall be public parking for which any charge is made. Such interim use shall be determined and based on the inclusion of a thirty-day or less cancellation provision in the lease or occupancy documents.
[1]
Editor's Note: This ordinance also changed the title of the article from "Parking Lot Businesses" to "Parking Businesses."
[Amended 12-14-2021, effective 12-14-2021]
It shall be unlawful for any person to conduct the business of parking, housing, keeping or storing motor vehicles and charging therefor on a parking lot or parking garage structure within the City of Buffalo without first having obtained a license in the manner hereinafter set forth.
[Amended 12-14-2021, effective 12-14-2021]
The requirements of this article applicable to parking lots shall not be applicable to a university or college approved by the State Board of Education and nonprofit general hospitals which personally manage and operate a parking lot where such parking lot is restricted to employees, students, visitors and staff members of such institutions.
Applications for licenses required by this article shall be made upon forms provided by the Board of Parking, shall be signed and verified under oath by the applicant, if an individual, and by a duly authorized agent, if a partnership or a corporation, and shall set forth the following:
A. 
If a person, the name and address of the applicant.
B. 
If a partnership, the name, residence and business address of each partner.
C. 
If a corporation, the name, date and state under whose laws such corporation was organized and, if a foreign corporation, whether authorized to do business in the State of New York, the names of the principal officers, directors and local representatives, their residences and the business address.
D. 
A plot or drawing of said parking lot or parking garage structure, showing its location, size and capacity and the location and size of entrances and exits, kind of surfacing and the location, size and construction of attendants' station and the walls or barriers surrounding said premises.
[Amended 12-14-2021, effective 12-14-2021]
E. 
The hours for storage or parking of vehicles and whether night storage is to be maintained upon the licensed premises.
F. 
The hours during which parking attendants will be on duty.
G. 
The complete schedule of the rates to be charged for the storing or parking of vehicles.
H. 
A statement of any prior revocation of license or refusal by the City to issue a license to the applicant or any partner, employee, officer or director of applicant's company.
I. 
The telephone number where the applicant can be reached during normal business hours.
J. 
The application must show the premises are owned or leased by the applicant, and if leased, the name and residence and business address of each owner or partner thereof.
K. 
Such other information as the Commissioner of Permit and Inspection Services may deem necessary for the issuance of said licenses.
[Amended 12-23-2003, effective 12-31-2003]
Every application for a license hereunder shall be accompanied by a policy of premises liability insurance or evidence thereof, in the sum of not less than $100,000 per person and $300,000 for each accident and $10,000 for property damage for legal liability for any and all claims or judgments for damages resulting to persons or property on said premises, except property included in the insurance hereinafter described. The application shall also be accompanied by a policy of legal liability insurance up to $25,000 for fire, theft and vandalism covering vehicles parked or stored on the licensed premises. Such policies or evidence thereof shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller and must remain in full force and effect for the full period of time for which the license is effective. The owner and/or licensee shall indemnify and save harmless the City of Buffalo against all loss and damage, claims and demands, costs, charges and judgments, for injuries to persons or property or other cause arising out of the acts of the parking lot operators.
[Amended 5-22-1995, effective 6-2-1995; 12-14-2021, effective 12-14-2021; 4-15-2025, effective 7-1-2025]
The annual license fee for the operation of a parking lot and parking garage structure shall be as provided in Chapter 175, Fees.
[Amended 12-23-2003, effective 12-31-2003; 12-14-2021, effective 12-14-2021]
After an investigation by the Department of Police and after an investigation by the Department of Permit and Inspection Services for compliance with zoning and building ordinances and as to the physical condition of the lot and after an investigation by the Department of Public Works, Parks and Streets of the entrances and exits and curb cuts, and upon the satisfactory conclusion of the above investigations, and the proper license fees having been paid, if the Commissioner of Permit and Inspection Services shall be reasonably satisfied that the applicant has a good character and that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, he shall issue to the applicant a license for a parking lot. All licenses shall expire on the second October 1 following the date of issuance. An application for renewal of a license shall be filed on or before June 1.
[Added 12-14-2021, effective 12-14-2021]
After an investigation by the Department of Permit and Inspection Services for compliance with zoning and building ordinances and the submittal of a "Condition Assessment Report" for the parking garage structure as required in § 307-22.2, and after an investigation by the Department of Public Works, Parks and Streets of the entrances and exits and curb cuts, and upon the satisfactory conclusion of the above investigations, and the proper license fees having been paid, if the Commissioner of Permit and Inspection Services shall be reasonably satisfied that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, he shall issue to the applicant a license for a parking garage structure. All licenses shall expire three years following the date of issuance. An application for renewal of a license along with the "Condition Assessment Report" shall be filed 30 days prior to the license expiration date.
[Added 12-14-2021, effective 12-14-2021]
The owner or operator of each parking garage structure shall cause such parking garage structure to undergo an initial condition assessment as described in Subsection A of this section, periodic condition assessments as described in Subsection D of this section, and such additional conditional assessments as may be required under Subsection C of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Department of Permit and Inspection Services, in accordance with the requirements of Subsection D of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage structure, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage structure.
A. 
Initial condition assessment. Each parking garage structure shall undergo an initial condition assessment as follows:
(1) 
New parking garage structures shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.
(2) 
Existing parking garage structures shall undergo an initial condition assessment as follows:
(a) 
If originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(b) 
If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2002; and
(c) 
If originally constructed between January 1, 2003, and effective date of the rule adding this section to this chapter, then prior to October 1, 2021.
B. 
Periodic condition assessments. Following the initial condition assessment of a parking garage structure, such parking garage structure shall undergo periodic condition assessments at intervals not to exceed three years.
C. 
Additional condition assessments.
(1) 
If the latest condition assessment report for a parking garage structure includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage structure, or any portion of such parking garage structure, be performed before the date by which the next periodic condition assessment would be required under Subsection B of this section, the Department of Permit and Inspection Services shall require the owner or operator of such parking garage structure to cause such parking garage structure (or, if applicable, the portion of such parking garage structure identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) 
If the Department of Permit and Inspection Services becomes aware of any new or increased deterioration which, in the judgment of the Department of Permit and Inspection Services, indicates that an additional condition assessment of the entire parking garage structure, or of the portion of the parking garage structure affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection B of this section, the Department of Permit and Inspection Services shall require the owner or operator of such parking garage structure (or, if applicable, the portion of the parking garage structure affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Department of Permit and Inspection Services to be appropriate.
D. 
Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such sealed and signed condition assessment report to the Department of Permit and Inspection Services within 30 days of parking garage structure inspection. Such condition assessment report signed and sealed by the responsible professional engineer shall include:
(1) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or an unsafe structure;
(2) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;
(3) 
An evaluation and description of the unsafe conditions;
(4) 
An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;
(5) 
An evaluation and description of the corrective options available, including the recommended time frame for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) 
An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;
(7) 
The responsible professional engineer's recommendation regarding preventative maintenance;
(8) 
Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage structure, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and
(9) 
The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage structure or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage structure or portion thereof should be performed, the responsible professional engineer shall consider the parking garage structure's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment.
No license issued under this article shall be transferable or assigned or used by any person other than the one to whom it is issued or at any location other than the one for which it is issued.
[Amended 12-23-2003, effective 12-31-2003; 12-14-2021, effective 12-14-2021]
The Commissioner of Permit and Inspection Services may revoke any parking lot or parking garage structure license if upon a hearing after a reasonable written notice of the time and place of such hearing, the Commissioner of Permit and Inspection Services finds that:
A. 
The licensee has made any false or materially incorrect statement in the application.
B. 
The licensee violates or willfully permits or willfully countenances the violation of any provision of this article.
C. 
The licensee has made any charge for parking or storing a vehicle other than those set forth in his license application or as modified pursuant to § 307-26.
D. 
The licensee violated or permitted or countenanced the violation of any provision of any penal law or ordinance concerning the licensed premises or regarding the theft, larceny or conversion of a motor vehicle or the operation of a motor vehicle without the owner's consent, whether such licensee has been convicted of such offense or not.
E. 
The licensee fails to properly supervise and maintain the licensed premises.
F. 
The licensee so operates and maintains the licensed premises as to be detrimental to the health, morals, safety or general welfare of the City of Buffalo.
Every licensee shall file with the Board of Parking at the time of application for a license a complete schedule of rates and charges to be made for storing or parking motor vehicles on the premises to be licensed.
A. 
No licensee shall make any charge for storing or parking any vehicle in the parking lot or parking garage structure in excess of that set forth in his application for a license unless and until he has notified the Board of Parking in writing 10 days in advance of any change. The licensee shall post a duplicate copy of such notice for a period of 10 days in a conspicuous place at the main entrance of the parking lot. The new rates shall take effect upon the expiration of the ten-day period. Any change in the rates and charges made by a licensee pursuant to this section shall remain in effect for at least 30 days after the filing of such change, and no further change in the rates and charges may be submitted by a licensee to the Board of Parking until after the expiration of said thirty-day period.
[Amended 12-14-2021, effective 12-14-2021]
B. 
When a vehicle is left for parking, no licensee shall collect an initial charge for such parking in excess of the basic authorized minimum charge as posted.
[Amended 12-14-2021, effective 12-14-2021]
Each licensee shall maintain near each entrance conspicuously posted and plainly visible from the street a permanently affixed sign suitable to apprise persons using the parking lot or parking garage structure of the name of the licensee, the hours of the day or night when such place is open for parking or storing motor vehicles, the rates charged and the closing hours of such parking lot. Where more than one rate is charged for parking, the figures for each rate shall be of the same size and dimensions, and such figures shall measure not less than six inches in height, and the letters and figures indicating the closing hours shall be not less than four inches in height. All such signs shall conform to any City ordinances regulating signs. When separate rates or charges are made for day parking and night parking, the night rate shall become effective at 6:00 p.m., and a notice thereof shall be posted on the signs heretofore described. No sign shall be erected in such a manner as to interfere with, mislead or confuse vehicular traffic on the adjoining streets. Said sign or signs shall be not less than three feet by four feet in size.
[Amended 4-30-2002, effective 5-7-2002]
A. 
Every parking lot or parking garage structure shall have at least one parking attendant upon the premises at all times during the hours of operation as posted, except that no attendant is required of a parking lot serving weekly or monthly customers only and the same is specified on its application or if the lot is mechanically controlled, i.e., automated pay machines.
[Amended 12-14-2021, effective 12-14-2021]
B. 
Attendants must remain on duty until 30 minutes after special events have concluded. The term "special events" is defined as any athletic or entertainment function where the public is invited.
C. 
Each licensee shall use his best endeavors to employ honest, courteous and competent attendants.
D. 
It shall be unlawful for any licensee under this article to permit any person not employed by such licensee to loiter in or about the parking lot or parking garage structure of such licensee.
[Amended 12-14-2021, effective 12-14-2021]
[Amended 12-14-2021, effective 12-14-2021]
It shall be unlawful for any person to distribute literature or place handbills in or upon any vehicle while parked in a parking lot or parking garage structure.
[Amended 12-14-2021, effective 12-14-2021]
No licensee shall sublet, sublease or otherwise permit any parking lot or portion thereof or parking garage structure or portion thereof to be used by any vendor of goods, wares or merchandise or services for the conduct of such vendor's business unless the same is conducted in a permanent building that complies with the building ordinances of the City of Buffalo.
[Amended 12-14-2021, effective 12-14-2021]
Every licensee shall promptly notify the Department of Police of every claim made by reason of loss, theft or conversion or any injury to person or any damage to property, in the amount of $50 or more, from the operation of a licensed parking lot or parking garage structure and occurring during the hours said premises are regularly open for business. The obligation created by this section shall not extend beyond the regular posted hours of attendance.
[Amended 12-14-2021, effective 12-14-2021]
Every licensee shall promptly notify the Department of Police of the license number, make and the name of the owner, if known to him, of every vehicle left in a parking lot or parking garage structure for a period of more than 48 consecutive hours.
The loading or unloading of passengers or drivers of vehicles across or upon a public sidewalk is hereby prohibited. Any operator or employee who delivers or parks vehicles other than within the property line of the parking lot or aids or assists in blocking any sidewalk or street shall be deemed to have violated provisions of this article.
[Amended 10-15-2002, effective 10-28-2002; 12-14-2021, effective 12-14-2021]
A. 
It shall be unlawful for any licensee of a parking lot or parking garage structure to make or permit any use for any purpose whatsoever of any vehicle parked in such place, unless the use shall have first been expressly authorized by the owner or person having control of such vehicle. No licensee shall transfer or cause to be moved or transferred any parked vehicle through or upon the street without the consent of the owner or persons having control of such vehicle, except parking lots or parking garage structures under common ownership separated by a public street commonly known as an "alley."
B. 
Notwithstanding the provisions of § 307-34A above, the parking lot or parking garage structure licensee shall have the right to request the removal of a vehicle parked on the lot or structure without the licensee's consent. Such removal shall be done by a tower duly licensed by the City of Buffalo as required by § 454-2 of the Code of the City of Buffalo. The licensed City tower shall promptly notify the police precinct in which the vehicle was located at the time of towing pursuant to New York Vehicle and Traffic Law § 1210(c). Any licensee of a parking lot or parking garage structure may cause a vehicle to be disabled through the use of any mechanism which will not permanently damage the vehicle in the event that a vehicle is parked without consent on the licensed parking lot or parking garage structure. The licensee may require payment of the maximum daily rate for parking for each day the vehicle remains disabled on the lot or structure. In addition, the licensee may charge a fee of not more than $75 for the services involved in the installation and removal of any device used for purposes of disabling the vehicle.
C. 
In the event a vehicle is towed at the direction of a parking lot or parking garage structure licensee by a tower duly licensed by the City of Buffalo, then that licensed City tower shall have the authority to charge such rates and fees as allowed by Chapter 479 of the Code of the City of Buffalo for the release of such vehicle.
[Amended 12-14-2021, effective 12-14-2021]
When a vehicle is left for storing or parking, the licensee of the parking lot or parking garage structure, his agents, servants or employees shall furnish the owner or operator of said vehicle with a claim check if such owner or operator demands the same.
[Amended 12-14-2021, effective 12-14-2021]
Every parking lot or parking garage structure shall be equipped with such proper hand fire-extinguishing apparatus as required by the Department of Fire, and all vehicles shall be so parked or stored that they may be reached readily in case of fire or other emergency.
[Amended 12-14-2021, effective 12-14-2021]
Each parking lot or parking garage structure shall have a properly designated entrance and exit, which may or may not be combined, and such entrance and exit shall be properly attended while the parking lot is in operation.
[Amended 12-23-2003, effective 12-31-2003]
Except for places of entrance and exit, every parking lot shall be completely enclosed by barriers of a permanent, suitable type approved by the Department of Permit and Inspection Services and constructed and maintained so as to withstand the shocks and stresses to which they will normally be subjected by vehicles using the premises and shall be of such height as to properly engage the wheels or bumper of any motor vehicle parked on said lot so that no portion of the vehicle shall extend over the property lines. When said lot abuts on a building, barriers shall be erected as provided in this section to prevent motor vehicles from striking such building. Parking lots whose side, sides or front is adjacent to a public street commonly known as an "alley" shall not be required to install the barriers hereinabove required on said alley side or sides if the Department of Public Works, Parks and Streets of the City of Buffalo shall not require said barriers. Parking lots the use of whose side, sides, or rear is given in easement to an adjacent property as legal open space as in the case of ingress or egress or any other reason shall place barriers so that no portion of any parked vehicle shall extend over the easement lines into the easement area.
[Amended 12-14-2021, effective 12-14-2021]
Every operator of the parking lot or parking garage structure shall keep the sidewalk surrounding the premises free from dirt, ice, sleet and snow and shall keep the sidewalks and driveways open and in a safe condition for the travel of pedestrians. The owner shall be responsible for the proper maintenance of that portion of the sidewalk fronting the public way between the curbline and the property line.
A. 
Every parking lot, parking garage structure, and access driveways thereto shall be paved and shall be so graded and drained as to dispose of all surface water accumulations.
[Amended 12-14-2021, effective 12-14-2021]
B. 
Only those temporary parking areas leased by the City of Buffalo, Buffalo Urban Renewal Agency, State of New York, or New York State Thruway Authority may be exempted from paving and only upon the judgment and recommendation of the Board of Parking. In any such instance, a regularly oiled crushed stone and/or similarly durable and dustless surface material so graded and drained as to dispose of all surface water accumulations shall be required.
Such parking lot shall be lighted after sundown during its period of operation with sufficient light to give protection to persons using said lot.
Any licensed parking lot with facilities for 50 or more cars shall contain a shelter house for the attendant.
[Amended 12-14-2021, effective 12-14-2021]
All parking lots and parking garage structures shall be given 30 days after the effective date of this article to file an application and plans for approval for a license; and no license for an existing parking lot shall be issued after October 1, 1959, unless complete compliance with this article has taken place. All permits for parking lots heretofore issued shall terminate 30 days after the effective date of this article.
[Amended 12-14-2021, effective 12-14-2021]
The type of vehicle permitted to be stored or kept upon a licensed parking lot or parking garage structure, and requirements for dimensions of parking spaces shall be in compliance with the Zoning Ordinance of the City of Buffalo.[1]
[1]
Editor's Note: See Ch. 496, Unified Development Ordinance.
[Amended 12-14-2021, effective 12-14-2021]
A. 
All new or rehabilitated parking lots licensed after the effective date of this section, but never having previously been licensed, shall reserve 2% of total parking capacity as disabled parking spaces. Such spaces may only be used by those vehicles bearing the parking permits for disabled persons as provided for in Chapter 838 of the Laws of the State of New York of 1977.[1] Such spaces shall be properly identified and will not be considered as a part of the capacity when determining the annual licensing fee.
[1]
Editor's Note: See § 1203-a of the Vehicle and Traffic Law.
B. 
Each licensee shall maintain near each entrance to the lot a permanently affixed and plainly visible sign suitable to apprise persons using the parking lot that those who occupy spaces reserved for persons with disabilities without authority to do so are subject to prosecution under the appropriate City ordinances. All such signs shall conform to any City ordinances regulating signs.
[Amended 12-14-2021, effective 12-14-2021]
With respect to the licensing of any parking lot or parking garage structure subject to the provisions of this article which is located on lands owned by the City or by any other governmental body or agency, the Common Council, upon the written recommendation of the Board of Parking, may, by resolution, modify, alter, change or suspend any of the provisions of §§ 307-38, 307-40 and 307-41 of this article.