[Adopted 12-11-2018 by Ord. No. 46-2018]
The City of Hackensack may designate an on-street curbside valet
parking zone for specified days and hours upon the request of any
business or businesses if the City determines, based on its review,
that such valet parking zone is necessary and justified by traffic
conditions. In making that determination, the City shall consider
the existing parking regulations and controls at the proposed location,
the existing property uses at the location, the presence of other
valet parking zones in the area, and such other factors as the City
determines are relevant to the necessity and justification for the
valet parking zone.
As used in this article, the following terms shall have the
meanings indicated:
The City of Hackensack.
For the purpose of this chapter, any area dedicated for public
use as a street, pedestrian way or other thoroughfare, including but
not limited to roadways, parkways, streets, alleys, ingress and egress
rights-of-way for abutting lots, sidewalks, and pedestrian ways.
The act of taking a vehicle from the street, whether or not
a fee is charged, and parking it at a public or private parking lot,
parking garage or a legal on-street parking location for the vehicle
operator. Attendant parking at a duly licensed parking lot or garage
shall not constitute valet parking.
Any employee or agent of the valet parking operator who receives,
takes possession of or moves any vehicle or handles the keys to any
vehicle left with the attendant for valet parking.
A person who, through its agents and employees, provides
the service of valet parking.
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 an approved on- or off-street parking space.
The designated zones within the public right-of-way to be
utilized by the valet parking operator for collection and return of
vehicles to users of the valet parking service.
A.
No person shall offer to provide the service of valet parking unless
the person has obtained a valet parking operator's license. A license
application shall be made using a form provided by the City, and shall
include the following:
(1)
The name, address and telephone number of the applicant;
(2)
A copy of the applicant's current and valid City business license;
(3)
A statement that the applicant will comply with all applicable laws,
rules, and regulations regarding valet parking;
(4)
A statement that the applicant is not delinquent in the payment of
any fees, taxes or assessments due the City;
(5)
Such other information as the City may require.
B.
As a condition of obtaining and utilizing a valet parking operator's
license, a valet parking operator must demonstrate adequate insurance
coverage, as follows:
(2)
The certificate of insurance is to be provided by an insurance company
licensed in the State of New Jersey and having an A.M. Best rating
of at least "A."
(3)
The certificate of insurance shall evidence comprehensive general
liability (occurrence form) coverage with a combined single limit
for bodily injury, personal injury and property damage of at least
$2,000,000 per occurrence and aggregate, where applicable.
(4)
If the aggregate limits shown have been reduced by claims paid, the
certificate of insurance is to be accompanied by a letter stating
that those reductions do not substantially affect the coverage.
(5)
The certificate of insurance must state that all insurance coverage
shown thereon is primary and not contributing to any insurance maintained
by the City.
(6)
The certificate of insurance shall state that the City has been added
as an additional insured to the policies shown on the certificate.
(7)
The certificate of insurance shall provide that the City will receive
30 days' advance written notice by certified mail, return receipt
requested, of the cancellation of the policy for any reason or any
material change in the policy's coverage as set forth in the certificate.
The address to be listed on the certificate of insurance shall read
as follows: City of Hackensack, c/o City Manager, 65 Central Avenue,
Hackensack, NJ 07601.
C.
The initial license fee shall be $250. The license shall be for a
term of one year, as determined by the City, and may be renewed annually
upon payment of an annual renewal fee of $250.
D.
The City shall issue the license upon determining that the applicant
has satisfied the provisions of the sections above and has paid the
required fee.
E.
A licensee shall notify the City within 10 calendar days of any change
in the information required by the sections above.
A.
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 on a form provided by the City,
and shall be accompanied by a proposed valet parking plan submitted
in the form required by the City, which shall include the following:
(1)
The applicant's name and address, the applicant's valet parking operator's
license number, e-mail address, and a phone number for the applicant's
agent or employee who will manage the provision of valet parking services
at the particular location and will be answered at any time valet
parking services are being offered.
(2)
The name and address of each business or other entity entering into
an agreement with the valet parking operator to provide valet parking
services at a specified location, along with the name, e-mail address
and phone number of the owner or manager of such business. Additionally,
a copy of any agreement (made either directly or through another entity)
to operate valet parking at the particular location shall be supplied.
The information required by this subsection shall not be required
if a business located within the City possesses a valet parking operator
license for the sole purpose of providing valet parking for its own
customers.
(3)
The proposed days and hours of operation of the valet parking zone.
(4)
The proposed pattern of discharge and pickup of vehicles, including
the 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.
(5)
A map and description of the proposed route(s) to the off-site parking
facility and back to the designated valet/loading and unloading zones
being served.
(6)
A list of employees and agents providing valet parking services at
the location, and a quarterly certification that each such employee
or agent possesses a valid driver's license, and copies of each such
license.
(7)
Proof of insurance covering the applicant's operation of valet parking
services at the location in such types and amounts as the City prescribes.
(8)
The legally permitted seating capacity of the business/venue to be
served by the valet permit operator.
(9)
The street address and lot and block location of each off-site parking
facility where valet-parked vehicles are to be parked for the business
served by the valet parking operator.
B.
The initial permit fee shall be $100. The permit shall be for a term
of one year, as determined by the City, and may be renewed annually
upon payment of an annual renewal fee of $100.
C.
If the valet parking permit is granted, all parking meters in designated
valet loading and unloading zones shall be bagged by the valet parking
operator during the approved days and hours of operation.
D.
If valet parking loading and unloading is approved in a location
where there are one or more operational parking meters, in addition
to the initial or renewal permit fee, the valet parking operator shall
also submit payment in an amount equal to the amount of revenue that
would have been generated had such parking meter or meters been in
regular use. For example, if valet parking is approved from 5:00 p.m.
to 10:00 p.m. in a location where two parking meters are located,
and those parking meters would normally be in operation until 6:00
p.m. at a cost of $1 per hour, the valet parking operator shall pay
an additional $2 per day it will be operating valet parking at that
location. This amount shall be calculated for the entirety of the
one-year term and collected in full at the time the permit fee is
remitted. However, in the event the valet parking operator will not
actually be providing valet parking services on a particular day,
even if approved to do so, it shall leave the parking meters uncovered
and they may be used for regular parking.
A.
No person shall stop, stand or park a vehicle in a valet parking
zone during its posted hours of operation for any purpose other than
the expeditious loading or unloading of passengers and to turn control
of the vehicle over to the valet parking operator.
B.
Any vehicle parked, stopped or standing in a valet parking zone in
violation of this chapter may be removed by means of towing to the
nearest official towing impound lot by or under the direction of the
City's administrative staff or Parking Enforcement Officer (PEO),
or a City police officer, and shall be cited for prohibited parking
in the same amounts and with the same consequences as set forth in
the applicable provisions of the City Code.
A.
Valet parking operators shall comply with all applicable laws and
regulations in the conduct of the business.
B.
Valet parking operators must expeditiously remove vehicles from the
valet parking zone to an approved on- or off-street parking facility.
C.
At no time shall any valet parking attendant of a valet parking operator
violate any state or municipal traffic law, ordinance or regulation
in the performance of his or her duties.
D.
The collection of vehicles and subsequent return of vehicles to patrons
shall only be conducted at designated loading and unloading zones
within the public right-of-way.
E.
The City shall install appropriate signage to identify the parking
spaces on the public street permitted to be utilized by the said valet
parking operator. If required by the City, a valet parking operator
shall cover such signage when its service is not in operation. Failure
to do so shall be considered a violation of this chapter.
F.
Use of valet loading and unloading zones outside of prescribed times
shall be permitted only under the following conditions:
(1)
Any request to use a valet loading and unloading zone outside prescribed
times by a valet parking operator shall be made to the office of the
City Manager or designee at least 72 hours in advance of the desired
time period.
(2)
The City Manager or designee shall approve or deny the request within
48 hours of receipt.
(3)
If the City Manager or designee fails to act within the forty-eight-hour
period, the request shall be automatically deemed denied.
A.
The City Manager, as may be appropriate or required, is hereby authorized
to take whatever action is necessary and proper to effectuate this
chapter and to appoint designees as necessary to perform any duties
required under this chapter.
B.
The City Manager or designee may suspend or terminate the designation
of an on-street curbside valet parking zone at any time for any reason
he or she deems it to be in the public's best interest.
Any person convicted of a violation of a provision of this chapter shall be liable to a fine and such other sanctions as are authorized by applicable state law and the provisions of § 1-15 of the City Code.
