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[Adopted 10-4-2005, effective 10-14-2005]
As used in this article, the following terms shall have the meanings indicated:
DESIGNATED AREA
The parking spaces along the curbline of a business where a valet operator may receive vehicles from and return vehicles to the customers of the business, but at no time shall any vehicles be parked in this area. The designated area shall not exceed 40 linear feet.
DIRECTOR
The Director of Parking Enforcement.
ON-STREET VALET PARKING SERVICE
A valet parking service in which the valet operator receives a vehicle from or returns a vehicle to a customer at an area in a public street.
SERVICE LOCATION
The location of the business served by the valet parking service.
TRAFFIC CONTROL DEVICE
A cone, sign, or meter bag that has been obtained from or approved by the City of Buffalo.
VALET OPERATOR
A person or the person's employee that provides valet parking services to a business.
VALET PARKING SERVICE
The service of receiving, parking, and returning vehicles for the customers of a business.
The Director and the Commissioner of Public Works, Parks and Streets, shall promulgate rules and procedures to implement this article. The Director shall file a copy of the rules and procedures with the City Clerk.
A valet operator or a valet parking permit holder must maintain general liability insurance coverage as required by the Director and outlined in the valet parking rules and procedures pursuant to § 307-61.
A. 
A person may not operate an on-street valet parking service without an on-street valet operating permit issued under this section by the Director.
B. 
A person may operate a valet parking service conducted entirely on private property without a valet operating permit.
A. 
To obtain or renew an on-street valet operating permit a person must:
(1) 
Submit an application to the Director on a form prescribed by the Director;
(2) 
Pay the annual fee prescribed by ordinance for the permit; and
(3) 
Pay the annual fee for each location at which the applicant intends to provide valet parking services.
B. 
An application for a valet operating permit must include;
(1) 
The name, mailing address, and phone number of the applicant;
(2) 
The name and location of each service location at which the applicant intends to provide on-street valet parking service;
(3) 
The hours of operation of the on-street valet parking service at each service location;
(4) 
Documentation showing that the applicant has an insurance policy as required by § 307-62;
(5) 
Certification that each of the applicant's employees has a driver's license valid in the State of New York, and has received a proper training instructing the employee in the local and state laws governing valet parking;
(6) 
Certification that the applicant's employees who are engaged in valet parking vehicles will wear retroreflective safety vests or other retroreflective material while working during the nighttime;
(7) 
Certification that loading or offloading of customers from vehicles will occur only in the designated area at each service location;
(8) 
A telephone number will allow the Department to contact the applicant or an employee 24 hours a day; and
(9) 
The location of any signs or attendance stands to be used by the applicant at the service location and the designated area.
A. 
The Director shall issue a valet operating permit for the service location if the applicant complies with the requirements of § 307-64.
B. 
The Director shall list on the valet operating permit each service location at which the permit holder may provide on-street valet parking services.
A. 
A permit holder may not provide on-street valet parking service at a service location unless the location is approved by the Department and listed on:
(1) 
The permit; or
(2) 
A temporary permit for the service location.
B. 
A permit holder shall keep a copy of the permit readily available at the service location, and shall produce the copy at the request of the Director, a Buffalo police officer, or any other person designated by the Director.
C. 
A permit holder may use no more than 1/3 of the parking spaces in the designated area to park customer vehicles. A vehicle may not be parked in a designated area of a service location unless traffic may move safely in the lanes adjacent to the designated area.
D. 
A permit holder shall pay to the City of Buffalo the cost of parking meter hoods provided and traffic control devices installed pursuant to Chapter 175, Fees, of the Buffalo Code.
A. 
A valet operator shall place the operator's booth or stand at the service location the sidewalk in an unobstructed pedestrian pathway at least six feet wide.
B. 
A valet operator shall provide a retroreflective safety vest or other retroreflective material to an employee who enters the street while on duty during nighttime hours. An employee shall be required to wear the retroreflective vest or retroreflective material while on duty.
C. 
A valet operator is responsible for the security of keys left with the operator by a customer. The valet operator shall keep the keys in a secure place.
D. 
A valet operator shall place a valet parking tag inside each customer's vehicle that includes the following information, which must be clearly legible from the outside of the house:
(1) 
The name of the valet operator; and
(2) 
A telephone number that will allow the customer to obtain information about the valet parking operator 24 hours a day.
E. 
The information required by Subsection (D)(2) may be provided by a recorded message that informs a customer of the time and place the customer may obtain keys left in the valet operator's custody, and the location of the parking facility at which the valet operator parks vehicles for each service location.
A. 
A valet operator may not:
(1) 
Double park a vehicle;
(2) 
Leave a vehicle unattended in the street except in the designated area;
(3) 
Receive or return a customer's vehicle at a location other than the designated area for the service location;
(4) 
Park a vehicle on private property unless written authorization has been obtained from the owner of the property; or
(5) 
Violate a law relating to the stopping, standing, or parking of motor vehicles.
B. 
A valet operator shall have custody of the keys to a vehicle while the vehicle is unattended in the designated area.
C. 
A valet operator may allow attended vehicles of the operator's customers to temporarily queue in the traffic lane adjacent to the designated area if the queuing does not:
(1) 
Cause traffic behind the queue to obstruct an intersection;
(2) 
Block public access to a business or residence; or
(3) 
Create a safety hazard.
The valet operator shall immediately inform a customer of a parking citation issued to the customer's vehicle during the time the vehicle was parked by the valet operator. The valet operator shall be responsible for the fees associated with said parking citation issued while the customer's vehicle was in the custody of the valet operator.
A. 
A business establishment may not provide on-street valet parking service to customers unless the business has a valet parking permit issued under this article.
B. 
A business establishment may provide valet parking service to customers without a valet parking permit if the service is operated entirely on private property.
A. 
To obtain an initial valet parking permit a person must:
(1) 
Submit an application to the Director on a form prescribed by the Director;
(2) 
Pay the applicable fee prescribed by ordinance for the permit; and
(3) 
Pay the annual fee prescribed by ordinance for parking spaces in the designated area.
B. 
To obtain a renewal of a valet parking permit a person must:
(1) 
Submit an application; and
(2) 
Pay the annual fee.
C. 
An application for a valet parking permit must include:
(1) 
The name, address, and phone number of the applicant;
(2) 
The name and location of the business to be served by a valet operator;
(3) 
A copy of the on-street valet operating permit held by the person who will provide valet parking service for the applicant;
(4) 
Documentation showing that the applicant is covered by a policy of insurance as required by § 307-62; and
(5) 
If vehicles will be parked at a location other than the applicant's premises, a written statement from the owner of the property indicating that then property owner agrees to accept vehicles from the applicant's valet parking service.
A. 
The Director shall issue a permit if the Director determines that:
(1) 
Valet parking service can safely be provided at the proposed location;
(2) 
The applicant meets the requirements of this article; and
(3) 
The Commissioner of Public Works, Parks and Streets and the Director of Parking Enforcement shall determine that the designated area will not cause any safety or traffic concerns for vehicles or pedestrians in the surrounding areas.
B. 
An on-street valet parking permit issued under this article must include:
(1) 
The number and location of on-street parking spaces that the permit holder may use to receive vehicles from and return vehicles to the permit holder's customers;
(2) 
A statement that the permit holder may use on-street parking spaces that are immediately adjacent to the permit holder's business location; and
(3) 
The hours during which valet parking service may be provided at the service location; and
(4) 
The Commissioner of Public Works, Parks and Streets approves the issuance of the valet parking permit.
The valet operator shall:
A. 
Provide the valet permit holder parking meter hoods that will clearly indicate the proper signage identifying the designated area, and that the parking meter spaces in the designated area are reserved for valet parking only and that vehicles parked in the spaces for purposes other than valet parking may be towed;
B. 
Install traffic control devices at the designated area indicating the location and extent of the designated area, and the hours the designated area is reserved for valet parking; and
C. 
Install traffic control devices on the pavement of the traffic lane immediately adjacent to the designated area to indicate the traffic lane is a restricted lane;
D. 
Only use signage as required in Subsections A, B and C above, that has been properly approved by the Department.
A. 
The Department may issue a temporary valet parking permit to a person to operate a valet parking service for a special event.
B. 
To obtain a temporary valet parking permit a person must:
(1) 
Submit an application to the Department on a form prescribed by the Director; and
(2) 
Pay the fee prescribed by ordinance for a temporary valet parking service permit.
C. 
A temporary permit issued under this section is valid for the period indicated on the permit.
D. 
The holder of a temporary permit may use three parking spaces as a designated area. The Director may allow the permit holder to use additional spaces for the designated area if:
(1) 
The Director determines that the use of the additional spaces will not create a safety hazard; and
(2) 
The permit holder pays the fee prescribed by ordinance for each additional space.
A. 
The Director shall grant or deny an application for a permit under this article no later than the 10th day the application is received by the department.
B. 
The Director shall deny an application for a permit under this article if the applicant:
(1) 
Makes a false statement on the application;
(2) 
Fails to meet the application requirements of this article; or
(3) 
Has no outstanding collection accounts with the City of Buffalo.
C. 
In addition to the requirements of Subsection B, the director shall deny an application for a valet parking permit if the Department determines that the proposed valet parking service at the location may:
(1) 
Unreasonably interfere with normal traffic flow on a public street, alley, or other public property; or
(2) 
Create a hazard to public safety.
D. 
If the Director denies an application for a permit under this article, the Department shall send notice of the denial to the applicant by certified mail, return receipt requested, to the applicant's mailing address listed on the application. A notice mailed under this subsection is considered received on the 10th day after mailing, unless an earlier date is indicated on the return receipt.
A. 
The Director may temporarily suspend or modify a permit issued under this article if:
(1) 
A temporary street closure includes the designated area;
(2) 
The Director determines that an emergency requires the suspension or modification;
(3) 
The Director determines the valet operator has violated any provision of this article.
B. 
If the Director suspends or modifies a permit, the director may allow the permit holder to temporarily conduct valet parking operations at an alternate location, approved by the Director.
A. 
The Director may revoke or modify a permit under this section if the permit holder violates this article at a service location on more than three separate days within a twelve-month period.
B. 
The Director may revoke a permit at any time if the Director determines that the applicant made a false statement on the permit application.
C. 
If the Director revokes a permit under this section, the Director shall send notice of the revocation or modification to the permit holder by certified mail, return receipt requested, to the permit holder's mailing address listed on the application. A notice mailed under this subsection is considered received on the 10th day after mailing, unless an earlier date is indicated on the return receipt.
A. 
An applicant or a permit holder may appeal the denial of an application under § 307-79 or the revocation or modification of a permit under § 307-79 to the Department of Administrative Adjudication.
B. 
The appeal must be submitted to the A.A. in writing not later than the 10th day after receipt of notice of the adverse action.
C. 
A.A. shall hold an informal hearing on the appeal not later than the 10th day after the appeal is received. At the hearing the formal rules of evidence do not apply. A.A. shall decide the appeal on the basis of the preponderance of the evidence presented.
D. 
A.A. shall make a determination on the appeal not later than the 10th day after the hearing. A.A. may affirm, reverse, or modify the Director's previous determination.
E. 
The decision of A.A. on appeal may be appealed to the New York Supreme Court.
Fees shall be established by separate ordinance under Chapter 175 for the following:
A. 
Application fee;
B. 
A valet parking permit;
C. 
A valet operating permit;
D. 
A temporary permit; and
A. 
A person commits an offense if the person performing an act prohibited by this article or fails to perform an act required by this article.
B. 
An offense under this section is a violation punishable by a fine not to exceed $500.
C. 
Each instance of a violation of this article is a separate offense.