Monrovia Municipal Code Ch. 5.92 Valet Parking

The primary purpose of public streets and rights-of-way is the free and unobstructed right of travel. The city recognizes that the use of public streets and rights-of-way for valet parking operations, while providing a public benefit, may impede travel, interfere with rights of others using the streets and rights-of-way, and may affect the public safety and create a public nuisance. The city may therefore permit and restrict valet parking operations as a special privilege, not as a matter of right. The approval of any permit under this chapter for the use of the public right-of-way is on a temporary and nonpermanent basis and is for a nonexclusive use of that public right-of-way. Permittees shall have neither property interest in nor any entitlement to the granting or continuation of any permit for the use of any public right-of-way.

(`83 Code, § 5.92.010) (Ord. 2000-27 § 2, 2000)

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

APPLICANT. The operator of the valet parking business or one who applies for a permit to do so.

COMMITTEE. The Development Review Committee.

DIRECTOR. The Director of Community Development or the Director's designee.

PUBLIC RIGHT-OF-WAY. Any area dedicated for public use as a public street, pedestrian way, or other thoroughfare, including but not limited to roadways, parkways, alleys, sidewalks, and pedestrian ways.

VALET PARKING. Any person, firm or corporation engaged in, conducting or managing the parking of other person's motor vehicles, whether or not such persons are employed by, or under contract to the business for which the vehicles are being parked.

(`83 Code, § 5.92.020) (Ord. 2000-27 § 2, 2000)

Commercial businesses in the geographic area that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the west side of Ivy Avenue, and the east side of Primrose Avenue and the east side of Myrtle Avenue between Foothill Boulevard and Palm Avenue may apply for a valet parking permit pursuant to this chapter. These regulations do not apply to valet parking conducted entirely on private property.

(`83 Code, § 5.92.030) (Ord. 2000-27 § 2, 2000)

No person shall engage in, conduct, or carry on the business of valet parking of vehicles on or over any public street, alley, right-of-way, or public property unless such activity is conducted in the geographic area set forth in § 5.92.030 and a permit is issued under the provisions of this chapter.

(`83 Code, § 5.92.040) (Ord. 2000-27 § 2, 2000)

The Committee shall have the power and authority to establish rules and regulations for the implementation and enforcement of the provisions of this chapter and when duly adopted by the Committee and published in the same manner that ordinances of the city are published, such rules shall be in full force and effect.

(`83 Code, § 5.92.050) (Ord. 2000-27 § 2, 2000)

(A) Applications for a valet parking permit shall be filed with the Director and shall comply with the following requirements:

(1) Applications shall be completed on a form designated by the city, and signed by the applicant under penalty of perjury.

(2) Applications shall be filed a minimum of 30 calendar days prior to the date requested for issuance of the permit.

(3) Applications shall be accompanied by a fee in an amount prescribed by resolution of the City Council.

(B) In addition to any other information required by the Director, an applicant for a valet parking permit shall provide the following information with the application:

(1) The name and location of the business to be served.

(2) The number of employees of the valet parking business who will be assigned to carry out the activity for which the permit is sought.

(3) The name, location, and telephone number where a responsible person, employee, or agent of the valet parking business will be available at all times during hours of operation.

(4) The location(s) where vehicles will be parked or stored during operation.

(5) The routes to be used between the passenger loading zone or other vehicle pickup point and the parking or storage location.

(6) A statement from the operator of any parking facility designated as the parking or storage location as to that facility's ability to accept the vehicles, the number of spaces to be reserved for the applicant's operations, the total number of spaces in such parking facility, and estimates of the percent usage of the facility prior to, and subsequent to the proposed activity for which the permit is sought. In cases where the parking facility is part of a building or premises devoted to other uses which require off-street parking, the statement shall also include information as to the number of parking spaces which were required by law to be provided in the parking facility to serve such other uses when said uses were established.

(7) A copy of the written contract or covenant between the applicant and the operator of the parking facility designated as the parking or storage location, which contract or covenant shall contain a provision that it cannot be canceled without at least 30 days' written notice to the other party and to the city.

(C) The valet parking permit shall be issued for one year and must be renewed annually. Renewal permit applications, along with payment of the fee, shall be filed with the Director a minimum of 30 calendar days prior to expiration of any existing permit.

(D) A valet parking permit issued under this chapter is not assignable or transferable.

(`83 Code, § 5.92.060) (Ord. 2000-27 § 2, 2000)

(A) The permit shall be issued unless the Committee finds that:

(1) The proposed valet parking business would unduly interfere with normal traffic flow on public streets, alleys, or other public property, or would create a hazard to public safety.

(2) The applicant has not met all the criteria set forth in this chapter and in the rules and regulations established by the Committee.

(3) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or statement required to be filed with the Director.

(4) The proposed valet parking business negatively impacts the neighboring properties.

(B) If the Committee determines that there may be an impact on neighboring residential properties, the Committee shall set the matter for hearing and require ten-days written notice of such hearing to be provided to the owners of said properties.

(C) Decisions of the Committee may be appealed within ten days by the filing of a written appeal, stating the reasons therefore, and the applicable appeal fee, with the Secretary of the Planning Commission. Such appeal shall be de novo and the decision of the Planning Commission shall be appealable to the City Council. Any decision to deny a permit shall be based on the grounds set forth in division (A) of this section.

(`83 Code, § 5.92.070) (Ord. 2000-27 § 2, 2000)

As a condition of each permit, the applicant shall sign an indemnification agreement to indemnify, hold harmless, and defend the city, its Council and each member thereof, and every officer, agent and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person and from all costs and expenses of litigation brought against the city, and its Council, and each member thereof, and any officer, agent or employee of the city, by reason of injury to any person, including death, or damage, destruction, or loss of property resulting directly or indirectly from any or all activities and operations of the permittee, or any person employed by the permittee, performed under or pursuant to such permit or any or all activities, operations, and conditions in any manner connected therewith, or pertaining thereto. Such indemnity shall include, but not be limited to any and all liabilities, demands, claims, damages, losses, costs, and expenses caused, or alleged to have been caused, by any negligent or other act of any such permittee.

(`83 Code, § 5.92.080) (Ord. 2000-27 § 2, 2000)

(A) Upon the issuance of a permit under this chapter, and at all times during the time the permit is in effect, the permittee shall comply with the following insurance requirements:

(1) Comprehensive General Liability Insurance with minimum limits of $1,000,000 per occurrence, combined single limit coverage and $2,000,000 in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions of the permittee.

(2) Garage Keeper's Legal Liability Coverage with minimum limits of $250,000 per occurrence and $1,000,000 in the aggregate.

(3) Comprehensive Vehicle Liability Insurance covering personal injury and property damage with minimum limits of $1,000,000 per occurrence, combined single limit, covering any vehicle in the possession of the permittee, its agents and employees in conjunction with the operation of vehicles pursuant to the permit.

(4) Worker's Compensation Insurance as required by law.

(B) The permittee shall maintain proof of the insurance required hereunder on file with the city's Risk Manager.

(C) Except for worker's compensation insurance, all policies of insurance required by this section shall contain an endorsement naming the city, its officers, officials, employees, and volunteers as an additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the permittee; and with respect to liability arising out of work or operations performed by or on behalf of the permittee including materials, parts or equipment furnished in connection with such work or operations.

(D) For any claims related to this permitted activity, the permittee's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees, or volunteers shall be excess of the permittee's insurance and shall not contribute with it.

(E) Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the city.

(F) Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

(`83 Code, § 5.92.090) (Ord. 2000-27 § 2, 2000)

A permit may be suspended or revoked in the manner provided for in Chapter 5.10 of this code. In addition to the grounds for revocation stated in § 5.10.020 of this code, a permit may be revoked if:

(A) The permittee, or his or her agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, have facilitated or contributed toward the theft or conversion of any such vehicle; or

(B) The permittee, or his or her agents or employees, knowingly delivered a vehicle in their custody to a person neither the registered owner thereof nor entitled to the custody of such vehicle.

(`83 Code, § 5.92.100) (Ord. 2000-27 § 2, 2000)

In conjunction with each valet parking permit approved by the Committee, one movable ground sign that identifies the availability of valet parking and which meets the guidelines set forth in the rules and regulations may be located in the public right-of-way. Prior to placement of the sign in the public right-of-way, the sign owner must obtain approval of its location from the Committee. The sign shall only be visible from the public right-of-way during the approved hours that valet parking is in operation.

(`83 Code, § 5.92.110) (Ord. 2000-27 § 2, 2000)