City of Clayton, MO Valet And Curbside Pickup Parking Zones

[CC 1970 §21-189; Ord. No. 4942 §1, 12-22-1992; Ord. No. 4958 §1, 3-9-1993; Ord. No. 5334 §1, 5-27-1997; Ord. No. 5775 §1, 8-26-2003; Ord. No. 6231 §1, 9-18-2012; Ord. No. 6278 §1, 6-25-2013]

Pursuant to the provisions of this Section, valet parking zones may be established on such public streets and in such places and for such times and in such number as shall be determined by the Director of Public Works to be in the best interest of the City, its citizens and visitors in order to provide convenient parking near the point of destination in those portions of the City designated as commercial districts by Title IV, Zoning Regulations.

A valet parking zone shall be created only upon a written valet parking permit application submitted to the Director of Public Works by the owner or occupant of the property adjacent to the site of the proposed valet parking zone setting forth the terms of the proposed operation of the valet parking zone, which terms shall include, but may not be limited to, those set forth in this Section. Each such application must be accompanied by a non-refundable initial permit application fee of one hundred dollars ($100.00). Each permit issued shall obligate the holder thereof (the "permittee") to operate the valet parking zone and perform all of the obligations, duties and responsibilities set forth in the permit and in this Section. The Director of Public Works may impose additional conditions or restrictions on the operation of a given permit as the Director may determine to be reasonable and necessary to protect public safety, avoid disruption or disadvantage to nearby residents or businesses and in light of the location and surrounding circumstances at issue. All permits shall be subject to renewal by the Director of Public Works as of April first (1st) of every calendar year and payment of the annual fee of one hundred dollars ($100.00) payable by the renewal date. In determining whether to renew a permit, the Director of Public Works shall consider the manner in which the valet parking zone has been operated, the degree to which the applicant has complied with the requirements set forth in this Section and the permit, whether the operation of the valet parking zone at that location has caused a traffic impediment, contributed to disruption of safe traffic movements or posed a safety hazard for motorists, and the best interests of the City and its citizens and visitors.

Valet parking zones shall be established only in those areas designated as "commercial districts" pursuant to Title IV, Zoning Regulations of the Code of Ordinances of the City. Valet parking zones shall be established only on public streets and adjacent sidewalks as specified in the permit to be issued pursuant to Subsection (B) above. The Director of Public Works shall determine the location and length of all valet parking zones based on factors including, but not limited to, traffic flow, pedestrian safety and impact on the overall streetscape and business environment.

Valet parking zones shall be restricted for use in conjunction with the operation of valet parking no earlier than 5:30 P.M. and no later than 11:30 P.M. No valet parking zones may operate and no permits for valet parking shall be issued after October 1, 2012, for any other time of day than specified above unless:

The zone was established pursuant to a valid written contract entered into prior to that date; or

The applicant can establish, to the satisfaction of the Director of Public Works, that extraordinary circumstances warrant the establishment of the proposed zone. The circumstances which the Director of Public Works may find to be so extraordinary as to warrant designation of a valet parking zone earlier than 5:30 P.M. or later than 11:30 P.M. may include, but need not be limited to:

Whether multiple businesses and/or residential buildings will be using the proposed valet zone jointly as opposed to the zone primarily or exclusively benefiting a single permittee;

Whether the proposed valet zone will cause the removal of access to existing or proposed metered parking, and the percentage of the reasonably proximate metered parking spaces to be removed by the proposed zone;

Whether establishment of the proposed zone can reasonably be expected not to have a detrimental effect on other nearby activities which rely on metered parking;

Whether the proposed zone will have a beneficial effect on vehicular and pedestrian safety; and

Such other circumstances as the Director may find relevant.

In addition to the annual fee specified above, any valet zone established for any time earlier than 5:30 P.M. or later than 11:30 P.M. on days when meter use is required pursuant to Section 350.180 above shall require payment of an additional annual fee of two thousand five hundred dollars ($2,500.00) for each metered parking space to be utilized for valet parking purposes.

The Director is also authorized to establish weekend valet parking extension zones to permit use of an existing valet parking zone after 8:00 A.M. and before 5:30 P.M. on Saturdays, Sundays and holidays (as defined in Section 350.180 above) only, if the Director determines that the criteria in Subparts (c), (d) and (e) of Subsection (D)(2) above are satisfied. The additional annual fee for a weekend extension zone permit shall be one hundred dollars ($100.00) in addition to the annual fee specified above.

The City shall provide appropriate signage, at its cost, prohibiting parking in valet parking zones and designating such zones "No Parking, Valet Only, Tow Away Zone" or "No Parking, Loading and Valet Only, Tow Away Zone".

The permittee shall, at all times the valet zone has been approved for operation, station a sufficient number of valets at the authorized curbside location to remove all vehicles to be parked by valets from the valet parking zone and from any other portion of a public right-of-way as quickly as possible and in any case within ten (10) minutes. Vehicles so removed shall not be parked in public streets, alleys or publicly owned surface parking lots.

The permittee, at its own expense and cost, shall keep the valet parking zone in a neat and clean condition, free from nuisance and filth and provide for the removal of snow, ice, trash and waste therefrom.

The permittee shall operate the valet parking zone, or cause the same to be operated, in accordance with all requirements of this Section and any conditions required by the applicable permit. In the event that the permittee retains the services of a valet parking company, the permittee shall provide written notice of the name of the company to the Director of Public Works and to the Chief of Police.

The City shall keep and maintain the sidewalk, street and curb of the valet parking zone in a manner comparable to the rest of the block in which the valet parking zone is located; provided that this obligation shall not limit or otherwise affect the City's right and power to specially assess for the cost of maintaining the same.

The permittee shall provide and maintain, at its own expense and cost, general liability insurance in full force and effect for the valet parking zones, in standard form generally in use in the State of Missouri with insurance companies having a current "best" rating of not less than A and a financial rating not less than Class VII and authorized to do business in the State of Missouri in an amount determined by the City Manager from time to time on the basis of liability limits then applicable to the City and an assessment of the City's risks associated with the activity involved. Executed copies of said policies of insurance or certificates thereof shall be delivered to the Director of Public Works within thirty (30) days of the date on which the Director of Public Works authorizes the issuance of the permit. No permit shall be issued unless and until the policy or policies or certificate(s) have been delivered to the Director of Public Works. Not less than thirty (30) days prior to the expiration of the term of each such policy, a renewal or replacement insurance policy or certificate thereof shall be delivered to the Director of Public Works; failure of the permittee to comply with the requirements of this Subsection shall be grounds for immediate termination of the permit notwithstanding any other provision of this Section or the permit. All said policies of insurance delivered to the City must contain a provision that the company writing said policy will give the City twenty (20) days' notice in writing in advance of any cancellation, lapse or reduction in the amount of insurance. All of said policies of insurance must contain a provision naming the City, its agents, employees, guests and invitees as an additional insured.

Any valet parking zone established or valet parking permit issued pursuant to this Section is subject to suspension or revocation upon a finding by the Director of Public Works, after affording the applicant or permittee an opportunity to be heard thereon, that:

Any representation on the permit application was false or fraudulent; or

That valet parking zone has not been fully and consistently staffed at all times when the zone is in effect; or

That the valet parking zone has in any other material way been operated in violation of the conditions or requirements specified in this Section or in the permit or contract regarding the zone in question.

Any applicant or permittee aggrieved by a decision of the Director of Public Works in refusing or disciplining a permit may appeal the decision to the City Manager by filing with the City Manager a written request therefor stating wherein and why the Director's decision is in error and specifying the facts in support of the appellant's position within five (5) days of the Director's decision. Judicial review of the City Manager's decision may be had by filing a petition therefor pursuant to Chapter 536, RSMo., in the Circuit Court for St. Louis County, Missouri, within ten (10) days of the Manager's decision.

Any person who shall violate any provision of this Section, or any person who shall take part in or assist in the violation of this Section, shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00) for each violation. Any vehicle parked in violation of the restrictions specified on valet parking signs installed pursuant to this Section may be subject to being ticketed and towed.

[Ord. No. 6670, 10-13-2020[1]]

Pursuant to the provisions of this Section, curbside pickup parking zones may be established on such public streets and in such places and for such times and in such number as shall be determined by the Director of Public Works to be in the best interest of the City, its citizens and visitors in order to provide convenient short-term parking near the point of destination in those portions of the City designated as commercial districts by Title IV, Zoning Regulations.

A curbside pickup parking zone shall be created only upon a written curbside pickup parking permit application submitted to the Director of Public Works by the owner or occupant of the property adjacent to the site of the proposed curbside pickup parking zone setting forth the terms of the proposed operation of the curbside pickup parking zone, which terms shall include, but may not be limited to, those set forth in this Section. Each such application must be accompanied by a non-refundable initial permit application fee of one hundred dollars ($100.00). Each permit issued shall obligate the holder thereof (the "permittee") to operate the curbside pickup parking zone and perform all of the obligations, duties and responsibilities set forth in the permit and in this Section. The Director of Public Works may impose additional conditions or restrictions on the operation of a given permit as the Director may determine to be reasonable and necessary to protect public safety, avoid disruption or disadvantage to nearby residents or businesses, and in light of the location and surrounding circumstances at issue. All permits shall be subject to renewal by the Director of Public Works as of April first (1st) of every calendar year and payment of the annual fee of one hundred dollars ($100.00) payable by the renewal date. In determining whether to renew a permit, the Director of Public Works shall consider the manner in which the curbside pickup parking zone has been operated, the degree to which the applicant has complied with the requirements set forth in this Section and the permit, whether the operation of the curbside pickup parking zone at that location has caused a traffic impediment, contributed to disruption of safe traffic movements or posed a safety hazard for motorists, and has been in the best interests of the City and its citizens and visitors.

Curbside pickup parking zones shall be established only in those areas designated as "commercial districts" pursuant to Title IV, Zoning Regulations of the Code of Ordinances of the City. Curbside pickup parking zones shall be established only on public streets and adjacent sidewalks as specified in the permit to be issued pursuant to Subsection (B) above. The Director of Public Works shall determine the location of all curbside pickup parking zones based on factors, including, but not limited to, traffic flow, pedestrian safety, other no parking, valet and other restricted parking zones, and impact on the overall streetscape and business environment. No zone shall be greater than one (1) on-street parking space.

Curbside pickup parking zones shall be restricted for use in conjunction with the operation of curbside pickup parking during the hours specified in the permit for each zone, but in no case shall the restriction be in force earlier than 7:00 A.M. or later than 10:00 P.M., Sunday through Saturday.

The City shall provide appropriate signage, at its cost, prohibiting parking in curbside pickup parking zones and designating such zones.

All vehicles to be parked in curbside pickup parking zones shall be limited to a maximum of ten (10) minutes.

The permittee, at its own expense and cost, shall keep the curbside pickup parking zone in a neat and clean condition, free from nuisance and filth and provide for the removal of snow, ice, trash and waste therefrom.

The permittee shall operate the curbside pickup parking zone, or cause the same to be operated, in accordance with all requirements of this Section and any conditions required by the applicable permit.

The City shall keep and maintain the sidewalk, street and curb of the curbside pickup parking zone in a manner comparable to the rest of the block in which the curbside pickup parking zone is located; provided that this obligation shall not limit or otherwise affect the City's right and power to specially assess for the cost of maintaining the same.

The permittee shall provide and maintain, at its own expense and cost, general liability insurance in full force and effect for the curbside pickup parking zones, in standard form generally in use in the State of Missouri with insurance companies having a current "best" rating of not less than A and a financial rating not less than Class VII and authorized to do business in the State of Missouri in an amount determined by the City Manager from time to time on the basis of liability limits then applicable to the City and an assessment of the City's risks associated with the activity involved. Executed copies of said policies of insurance or certificates thereof shall be delivered to the Director of Public Works within thirty (30) days of the date on which the Director of Public Works authorizes the issuance of the permit. No permit shall be issued unless and until the policy or policies or certificate(s) have been delivered to the Director of Public Works. Not less than thirty (30) days prior to the expiration of the term of each such policy, a renewal or replacement insurance policy or certificate thereof shall be delivered to the Director of Public Works; failure of the permittee to comply with the requirements of this Subsection shall be grounds for immediate termination of the permit notwithstanding any other provision of this Section or the permit. All said policies of insurance delivered to the City must contain a provision that the company writing said policy will give the City twenty (20) days' notice, in writing, in advance of any cancellation, lapse or reduction in the amount of insurance. All of said policies of insurance must contain a provision naming the City, its agents, employees, guests and invitees as an additional insured.

Any curbside pickup parking zone established or curbside pickup parking permit issued pursuant to this Section is subject to suspension or revocation upon a finding by the Director of Public Works, after affording the applicant or permittee an opportunity to be heard thereon, that:

Any representation on the permit application was false or fraudulent; or

That the curbside pickup parking zone has in any other material way been operated in violation of the conditions or requirements specified in this Section or in the permit regarding the zone in question.

Any person who shall violate any provision of this Section, or any person who shall take part in or assist in the violation of this Section, shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00) for each violation. Any vehicle parked in violation of the restrictions specified on curbside pickup parking signs installed pursuant to this Section may be subject to being ticketed and towed.

[1]

Editor's Note: Section 1 of Ord. No. 6670 changed the title of this Article from "Valet Parking Zones" to "Valet And Curbside Pickup Parking Zones."