Ontario Municipal Code Art. 22 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, in order to foster public safety and to prevent public nuisances. 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 a property interest in nor any entitlement to the granting or continuation of any permit for the use of any public right-of-way. For the reasons set forth in this article, a system of valet parking permits is enacted for the City of Ontario.

(§ 2, Ord. 3276, eff. August 15, 2024)

For purposes of this article, the following terms shall have the prescribed meaning:

(a) "City Council" shall mean the City Council of the City of Ontario.

(b) "High-visibility safety apparel" means any vest, shirt, or jacket which meets the following conditions: the outer material color shall be fluorescent orange-red, fluorescent yellow-green or a combination of the two as defined by the American National Standards Institute/International Equipment Safety Association for class 2 or 3 risk exposure; the retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors; and the apparel shall be designed to clearly identify the wearer as a person.

(c) "Parking facility" shall mean any area dedicated for public parking, including but not limited to dedicated curbside parking areas, parking lots, and parking structures.

(d) "Permittee" shall mean any person who holds a valid valet parking permit and who is engaged in running a valet parking operation.

(e) "Person" shall mean a natural person, firm, partnership, association, corporation or other business entity, and employees, agents and subcontractors thereof.

(f) "Public right-of-way" shall mean any area within the City of Ontario designated for public use as a public street, pedestrian way, or other thoroughfare, including but not limited to roadways, parkways, alleys, sidewalks, and pedestrian ways.

(g) "Sponsor" shall mean any person who operates, or causes to be operated, a valet parking operation at the sponsor's place of business or function.

(h) "Valet parking" shall mean and include any person, firm or corporation engaged in, conducting or managing the receiving, taking possession of, driving, moving, parking, or leaving standing other persons' motor vehicles, whether or not a charge is levied, and whether or not such persons are employed by, or under contract to the business for which the vehicles are being parked.

(i) "Valet parking attendant" means any employee or agent of a permittee or valet parking operator, or any employee or agent of a sponsor providing valet parking to its customers, who receives, takes possession of or moves any vehicle, or who handles the keys to any vehicle left with the attendant for valet parking.

(j) "Valet parking operator" means any permittee or person engaged in the business of valet parking operations, including any person contracting with a valet parking operator to provide valet parking, or any person engaged in providing valet parking services to the public.

(k) "Valet parking permit" means a permit issued in accordance with this division for the approved use of valet parking in a valet parking zone.

(l) "Valet parking zone" means an area for a standard single passenger vehicle on the public right-of-way that has been set aside by the City Engineer for valet parking.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) The City Engineer shall consider the following in evaluating approval of valet parking zones:

(1) Safety and convenience for the people of the City of Ontario;

(2) Actual number of passengers to be served by the zone;

(3) Proximity of existing valet parking zones;

(4) Existing demands for curb use such as the number and location of existing transit, taxi, and transportation network company loading zones, and existing commercial loading zones in the general area of the requested zone;

(5) Overall determination of available on street parking for the area; and

(6) Designation of the valet parking zone will cause no significant impact on the environment.

(b) Valet parking zones may also be used for on-street public parking, or for loading and unloading of persons or property.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) No valet parking operator shall employ, direct or otherwise permit, a valet parking attendant to park or retrieve any vehicle on, along, or across any public right-of-way, unless that valet parking attendant is wearing high-visibility safety apparel as specified in this chapter.

(b) Valet parking attendants shall wear high-visibility safety apparel at all times while valet parking on any public right-of-way, including while walking on, along or across any public right-of-way.

(§ 2, Ord. 3276, eff. August 15, 2024)

The City Council may establish rules and regulations, by resolution, for the implementation and enforcement of the provisions of this chapter and when duly adopted by the City Council such rules shall be in full force and effect.

(§ 2, Ord. 3276, eff. August 15, 2024)

Nothing in this article is intended to authorize the parking of motor vehicles by valet parking operators, their agents, employees, and valet parking attendants in a manner contrary to any applicable state laws and local parking and traffic regulations, including this code.

(§ 2, Ord. 3276, eff. August 15, 2024)

No person shall operate, engage in, conduct, manage, or cause to be operated any valet parking operation or any related activity upon any portion of a public street or public right-of-way or other City property, including any city-owned parking facility, except under the terms and conditions of a current valet parking permit and, if using the public street or public right-of-way in any manner for drop-off and pick-up of vehicles, under the terms and conditions of a current sponsor's valet parking permit.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) The City Engineer is authorized to issue, upon written application, a valet parking permit in accordance with Section 7-3.04. Applications for valet parking shall be made upon application forms provided by the City Engineer and shall be accompanied by a filing fee. The fee for each permit application shall be paid at the time of application. The permit fees shall be based on the reasonable cost of application, plan review, study, and other services as required for permit approval. Other fees based on the cost of private usage of the public right-of-way will also be assessed per valet parking zone spaces. Such fees shall be established by resolution of the City Council.

(b) The application shall include:

(1) The business name and address of the corporation, partnership or other business entity seeking the permit;

(2) The identifying number of the applicant's City of Ontario business license;

(3) The business name, address, contact information, and seating capacity of the business served by the valet parking valet parking operator.

(4) Proof of insurance pursuant to Section 4-6.2210.

(5) Any other information consistent with this chapter or Section 7-3.04 of this Code that the City Engineer deems necessary for persons applying for valet parking permits.

(6) A map of the immediate area showing the location of the valet service and the off-street parking lot(s) to be used for the storage of vehicles. Any changes in this provision shall require the approval of the City Engineer.

(7) Any agreement between the valet parking operator and the off-street parking lot operator for the storage of vehicles.

(c) An applicant may appeal the denial of a valet parking permit as set forth in Section 7-3.06 of this Code.

(§ 2, Ord. 3276, eff. August 15, 2024)

Each valet parking permit issued by the City Engineer shall be valid for not more than one (1) year from date of issuance. Each application renewal of a valet parking permit will be subject to an annual valet parking zone inspection. All renewals granted under this chapter shall also require a fee as may be set from time to time by the City Council.

(§ 2, Ord. 3276, eff. August 15, 2024)

Required insurance. Permittee shall provide upon request proof of insurance as required by the City Engineer.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) The valet parking permit shall authorize the valet parking operator to provide valet parking in a designated valet parking zone.

(b) The valet parking operator shall operate the valet parking zone in such a manner as to provide ample opportunities for its use by motorists who do not wish to utilize the valet parking service.

(c) The valet parking operator shall be the business owner, under contract to or employed by the business or businesses to be served.

(d) (1) The valet parking operator shall agree to provide and maintain one moveable ground sign or pedestal sign identifying the availability of valet parking, the valet parking operator's name, the address and telephone number of the business, the hours of operation, the valet parking permit number, and the valet parking fees, if any. If fees are charged, such fees also shall be stated as follows:

(i) Rates per hour;

(ii) Rates per fraction of an hour, if any;

(iii) Rates for subsequent hours or fractions thereof;

(iv) Parking taxes, if applicable, per the Title 3, Chapter 8 of the Ontario Municipal Code; and

(v) The maximum charge.

(2) Prior to placement of any sign or pedestal sign in the public right-of-way, the sign owner must first obtain approval of its location and size from the City Engineer. The sign or pedestal sign shall only be visible from the public right-of-way during the approved hours that valet parking is in operation. The sign or pedestal sign shall be no more than twenty-four (24) inches wide and not more than four (4) feet high. The sign or pedestal sign must be located within twenty-four (24) inches of the face of the curb and be placed in such a manner as not to create an impediment to pedestrians. All signs and stands shall be set so that a continuous clear width of pedestrian access complies with the Americans with Disability Act of 1990 and any minimum clearances set forth in this Code.

(e) The valet parking operator shall not allow the valet parking zone or any other public right-of-way to be used for the storing of valet parked cars.

(f) Valet parking operator shall ensure that pedestrian walkways are not blocked at any time during valet parking operations.

(g) The valet parking operator shall at no time allow any patron's vehicle to be parked upon private property without a signed statement of authorization by the owner or other person having legal control of such private property.

(h) The valet parking operator shall employ sufficient valet parking attendants to park vehicles so that traffic on streets or sidewalks will not be impeded by the activities of the valet parking operator.

(i) The valet parking operator shall ensure that all valet parking attendants who drive a patron's vehicle or who handle a patron's vehicle keys have a current and valid California driver's license and wear a standard uniform that conspicuously identifies the attendant by their full name and the name of the operator. The valet parking operator shall ensure that all valet parking attendants who receive, take possession of, or move a patron's vehicle upon any portion of the public right-of-way wear high-visibility apparel.

(j) The valet parking operator shall not allow any valet parking attendant who has been convicted within the previous seven (7) years of a felony or any offense involving violence, dishonesty, automobile theft, automobile, vandalism, reckless driving or driving under the influence of drugs or alcohol to drive a patron's vehicle or handle a patron's vehicle keys.

(k) Every valet parking operator shall maintain:

(1) A continuously updated list of the names and residence addresses of its employees and valet parking attendants who perform valet parking. Such list shall be maintained at the business address listed on the permit application and shall be produced on demand of any peace officer or City official.

(2) All financial records related to the valet parking operation for a minimum of three (3) years and shall make them available to the City Engineer for inspection at any time during the valet parking operator's hours of operation.

(l) Nothing in this chapter is intended to authorize, or authorizes, the parking of motor vehicles by the valet parking operator in a manner contrary to applicable state laws or local parking and traffic regulations.

(m) Valet parking operators that conduct, manage, or operate a valet parking operation shall comply with all of the requirements set forth in this article.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) The permittee is responsible for the proper operation of the valet parking zone. Any violation of the conditions enumerated in this article shall be sufficient cause for revocation of the valet parking permit by the City Engineer.

(b) A valet parking permit may be temporarily suspended without a hearing if the City Engineer determines that the continued operation is an immediate hazard to public safety or is in violation of this article. The suspension will be effective for sixty (60) days or until a hearing, whichever is less. Once a hearing has convened, the suspension will continue through its conclusion.

(c) The City Engineer shall revoke a valet parking permit if, after a hearing on the matter, the hearing officer finds the grounds exist which would have constituted just cause for refusal to issue the permit, or that the permittee has failed to comply with any requirements imposed by this article or conditions of the permit. Written notice of the revocation hearing, setting forth the time and place of hearing and a brief statement of the reason(s) for the proposed revocation, shall be served on or mailed to the permittee at the business address listed in the permit application no less than ten (10) days prior to the hearing.

(§ 2, Ord. 3276, eff. August 15, 2024)

(a) The City has determined that this chapter is necessary to protect health, life, and property of the City and its inhabitants.

(b) Any violation of the provisions of this chapter by any person shall be subject to the administrative penalty provisions set forth in section 7-3.20 and the Penalty Schedule contained within this code.

(c) It is unlawful and a violation of this chapter for any person to operate, engage in, conduct, manage, or cause to be operated on any public street or right-of-way any valet parking without a valid valet parking permit issued by the City Engineer.

(d) This article authorizes any deputy sheriff, or City employee or agent of the City designated by the director of any City department, to administer, implement, and enforce the provisions of this chapter.

(e) It is unlawful and a violation of this chapter for a person to falsely represent themselves as eligible for a valet parking permit or to furnish false information in an application for a valet parking permit.

(f) It is unlawful and a violation of this chapter for a person holding a valet parking permit to permit the use or display of the permit for any purpose other than that for which the permit is issued.

(g) It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit valet parking permit without written authorization from the City Manager. It shall further be unlawful and a violation of this chapter for a person to transfer the beneficial ownership of or a continuous right to use a valet parking permit.

(h) Any person violating any of the provisions of this article or the regulations hereunder or the terms and conditions of any valet parking permit issued hereunder is deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Title 1, Chapter 2 of this Code.

(§ 2, Ord. 3276, eff. August 15, 2024)