[HISTORY: Adopted by the Village Board of the Village of Port Chester 8-20-2018 by L.L. No. 8-2018. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 319.
The Village of Port Chester, with its thriving downtown restaurant and retail district, understands that the temporary use of downtown public streets and rights-of-way for valet parking operations provides a distinct public benefit for business owners, visitors, and residents alike. In 2017, the Village and Port Chester Industrial Development Agency jointly sponsored a Mobility and Parking Management Study. One of the key recommendations of the 2017 Mobility and Parking Management Study was that the Village utilize valet parking. The purpose of this chapter is to establish a means of permitting downtown valet on public streets while simultaneously protecting public safety, free and efficient movement of people and vehicles, and the general welfare of downtown. This chapter is intended to provide a regulatory framework governing valet parking as part of the Village's overall parking management program, to ensure an efficient use of land that is consistent with the Village's Comprehensive Plan, encourage the utilization of private parking lots not in use during business hours, improve ease and availability of parking downtown, reduce vehicular circulation and traffic congestion, and improve the quality of life for residents, visitors and business owners.
For the purposes of this chapter, the following definitions shall apply:
- RECEIVING SITE
- A private parking lot, parking garage, or a legal on-street parking location where valet parking vehicles are parked.
- VALET PARKING
- The act of taking a vehicle from the public right-of-way, whether or not a fee is charged, and parking it at a receiving site. Attendant parking within a parking lot or garage shall not constitute valet parking.
- VALET PARKING OPERATOR
- A person who, through its agents and employees, provides the service of valet parking.
- VALET PARKING PLAN
- A written plan describing the location where the valet parking operation will be performed, including the number of parking spaces exclusively available for use by the valet parking operator, and a map depicting the placement of traffic control devices, the valet parking zone, the receiving site, and the routes used when moving a vehicle.
- VALET PARKING SERVICE
- The service of receiving, parking, and returning vehicles for the customers of a business.
- VALET PARKING SPONSOR
- The business, businesses, or entities which have contracted with the valet parking operator for valet parking services at a specified location.
- VALET PARKING ZONE
- A place adjacent to a curb reserved for the exclusive use of vehicle for the expeditious loading and unloading of passengers and to turn control of the vehicle over to a valet parking operator for the expeditious removal of the vehicle from the valet parking zone to receiving site.
Applicability. This chapter shall apply only to valet parking operations and related activities that utilize any portion of a Village street, sidewalk, or other Village-owned or operated right-of-way.
Eligible areas. Valet parking operations and related activities shall be permitted only within downtown Port Chester, bounded as follows: Mill Street to the north, the Byram River to the east, Purdy Avenue/William Street to the south, Pearl Street/Willet Avenue to the west.
Exemptions. Valet parking contained within private property shall be exempt from the regulations contained in this chapter, as long as there is no taking/loading of any vehicle from the public right-of-way, including any portion of a Village street, sidewalk, or other Village-owned or operated right-of-way.
No person shall provide valet services at a particular location unless the person has obtained a valet parking permit under this chapter. A permit application shall be made by a valet parking operator (the "applicant") on an application provided by the Village Manager or his/her designee, and shall be accompanied by a proposed valet parking plan submitted in the form required by the Village Manager or his/her designee, which shall include the following:
Valet parking operator information. The valet parking operator's name and address, valet parking operator's driver's license number, the daytime and nighttime telephone and email of the valet parking operator and designation who will manage the provision of valet parking services at the particular location.
The proposed locations, days, and hours of operation of the valet.
The proposed pattern of discharge and pickup of vehicles, including the extents of the valet parking zone, estimated number of vehicles that will be valet parked during each hour of operation, and the number of agents or employees that will provide valet parking during each hour of operation.
Written consent from the valet parking sponsor and operator/owner of the receiving site.
A traffic plan, including the proposed route to and from the valet parking zone to each receiving site.
A list of employees and agents of the valet parking operator who will be operating a vehicle to be valeted, and a quarterly certification that each such employee or agent possesses a valid driver's license, and copies of each such license.
A statement that the valet parking operator will both comply with all applicable laws, rules, and regulations.
A statement that the valet parking operator is not delinquent in the payment of any fees, taxes, or assessments due the Village of Port Chester.
Proof of insurance from the valet parking operator, as set in § 313-6, in the following areas:
The Village Manager or his/her designee shall approve the valet parking plan, including the valet parking zone, if he/she finds that the plan contains all information required by Subsection A, and if the Village Manager or his/her designee finds that:
The plan provides for sufficient staff to handle the projected number of vehicles to be parked during all hours of valet operations; and
The plan includes provision for a sufficient number of parking places at the receiving site and that the proposed routes to and from such receiving site is appropriate.
In deciding whether to approve a valet parking plan, including the valet parking zone, the Village Manager or his/her designee shall consider, including, but not limited to, the following criteria:
The distance from the business or businesses to the off-street parking facility, normal traffic conditions on the proposed route at the time of valet operations, the time required to travel safely the route proposed and return to the business or businesses, on foot and with a vehicle.
The estimated number of patrons using valet parking services during each hour of operation.
The number of parking spaces at the off-street parking facility set aside for the exclusive use of vehicles from the valet parking.
Upon approval of the plan by the Village Manager or his/her designee, the Village Manager or his/her designee shall issue a valet parking permit.
Valet parking operations are permitted as a special privilege and not as a matter of right and are considered temporary, nonpermanent, and for a nonexclusive use of the specific location.
Valet parking permit and fee. The Village Manager or his/her designee shall issue a permit for the valet parking plan, including the valet parking zone, upon payment of the fee as set forth in Chapter 175. The permit shall specify the length and location of the valet parking zone, the days and hours permitted for operation, and such other conditions as the Village Manager or his/her designee may reasonably prescribe, and shall be valid for one year.
Use of on-street parking meter/space. As part of any valet parking permit, should the use of an on-street parking meter or space be necessary, an additional fee shall be provided, as set forth in Chapter 175.
Limitations on assigning or transferring. The permit shall only be for the valet parking plan applied for. A permit for valet parking may not be assigned or transferred to any other valet parking sponsor, operator, or receiving site.
Permits issued upon adoption of this chapter shall expire on December 31, 2018. Subsequently, all permits shall be issued for a term of one year, beginning on January 1 and expiring on December 31.
Prior to the issuance of any valet parking permit, valet parking operator shall, at their sole expense, maintain the following insurance on their own behalf, and furnish to the Village certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:
Commercial general liability policy, with limits of no less than $1,000,000 each occurrence/$2,000,000 aggregate for bodily injury and property damage.
Comprehensive automobile policy, with limits no less than $1,000,000 bodily injury and property damage liability, including coverage for owned, nonowned, and hired private passenger and commercial vehicles.
Workers' compensation and employers liability policy covering operations in New York State. Evidence must be provided on a C-105.2, waiver of subrogation to be included.
New York State Disability covering all employees. DB 120.1 must be provided.
Umbrella liability, with limits of no less than $1,000,000 each occurrence/$1,000,000 aggregate, including coverage for general liability and automobile.
Garagekeepers liability insurance: $200,000.
The valet parking operator shall increase the amount of any of its insurance policies should such an increase be required by any law of New York State or any rule or regulation of any public entity with appropriate jurisdiction.
All insurance policies, except workers' compensation and New York State Disability policies, shall bear the name of the valet parking operator and name the Village of Port Chester as named additional insureds and shall be from an insurance company with an A.M. Best Insurance rating of "A-" or better. The Village and their assigns, officers, employees, representatives, should apply on a primary and noncontributory basis, including any self-insured retentions. To the extent permitted by New York law, the valet operator waives all rights of subrogation or similar rights against the Village, assigns, officers, employees, representatives, and agents.
Valet operations shall include a minimum of two valet attendants present during operational hours.
All valet parking operators, attendants, and employees shall wear a similar uniform which includes a nametag identifying the employee's name and the name of the valet parking operator. The valet parking operator shall provide a retro-reflective safety vest or other retro-reflective material to an employee who enters the street while on duty during nighttime hours.
Valet parking permits issued under this chapter shall be conspicuously displayed at all times at the valet operation location identified on the permit and shall be available for inspection upon request of the Village. The valet parking operator shall display the approved route diagram at every valet loading and parking area.
No permanent structures are permitted in the public right-of-way. Valet equipment shall not be affixed, attached or chained in any manner within the right-of-way or to any existing features within the right-of-way, except for the rules governing central kiosks.
The placement of all proposed valet equipment within the public right-of-way shall be authorized only through an approved valet parking plan.
Valet equipment shall be well maintained, have a clean and attractive appearance, be in good repair at all times, and be removed at the close of valet operations each day.
No advertising signs shall be permitted on the sidewalk or in the right-of-way. This shall not prohibit the use of one business identification sign, bearing no advertising other than the name of the valet parking operator and not exceeding five square feet in area, to be affixed to a valet parking operator service stand on the sidewalk and identify "valet parking."
The valet parking operator shall place a valet parking tag inside each customer's vehicle that includes, at a minimum, the following information, which must be clearly legible from the outside of the vehicle:
The valet parking operator shall post a sign at all locations where the valet parking operator takes possession of a vehicle, which identifies, at a minimum, the following information:
The valet parking operator is responsible for the security of keys left with the valet parking operator by a customer. The valet parking operator shall keep the keys in a secure place.
The valet parking operator shall cover all parking meters that are present at the approved valet parking zone with valet parking meter bags in a manner approved by the Village Manager or his/her designee.
It shall be unlawful for the valet parking operator, its employees or agents, to stop, direct, alter, or manipulate the Village's traffic pattern in any manner.
Traffic operations. A valet parking operator may not:
Double park a vehicle;
Leave any vehicle unattended in the street except in the designated valet parking zone;
Receive or return a customer's vehicle at a location other than the designated valet parking zone;
Park a vehicle on private property unless written authorization has been obtained from the owner of the property; or
Violate a law relating to the stopping, standing, or parking of motor vehicles.
All valet parking operators, attendants, and employees shall perform their duties in a courteous and professional manner.
A permit may be revoked by the Village Manager or his/her designee after notice to the permittee for:
Violation of any condition of the permit or of any provision of this chapter;
Violation of any provision of any other applicable provision of law, rule or regulation relating to the work; or
Existence of any condition or the performance of any act or omission creating a public nuisance or endangering persons or the property of others.
Notice of any such violation or condition shall be delivered to the permittee. The notice shall contain a brief statement of the grounds relied upon for the proposed revocation of the permit. An opportunity to be heard with respect thereto shall be provided through the appeals process pursuant to § 313-10.
Any valet parking operator who has a permit revoked shall be precluded from making an application under this chapter for a period of no less than one year from the date of revocations.
A violation of this chapter shall be punishable by fine in an amount not less than $500 nor imprisonment more than 15 days, or both. Each day's violation shall constitute a separate and distinct offense.
In addition, the Village may prosecute a violation through the commencement of a civil action or injunction proceeding by the Village Attorney in a court of competent jurisdiction.
The Village Manager's or his/her designee's decision regarding a valet parking permit (as promulgated in § 313-4) may be appealed to the Village of Port Chester Board of Trustees. Such appeal must occur within five days of the Village Manager's or his/her designee's written decision. An applicant shall have a right to appeal any denial to the Village of Port Chester Board of Trustees by filing a written appeal with the Village Clerk within 10 days of the written decision, which shall then be promptly referred to the Board of Trustees. The Board of Trustees shall schedule a hearing on the matter within 30 days of the receipt of the appeal from the Village Clerk.
The Village Manager or his/her designee is hereby authorized to promulgate reasonable rules and procedures for application for, issuance, and revocation of such permits. These rules and procedures shall serve to implement the intent and purpose of this chapter, so that necessary and beneficial activities may occur while providing for protection of the public.