Chapter 5.38 — MANAGED PARKING

• (a) In this chapter:

"Area meters" means a centralized pay station for patrons of metered lots and metered streets.

"Attendant" means a person who performs any service regarding valet parking on a fulltime, part-time or contract basis, including an operator or manager of a valet parking operation and a driver of patrons' vehicles.

"Business owner" means the owner of a business for which a valet parking service is being provided.

"Employee parking permit" means the permit issued by the city allowing an employee of a downtown merchant to park on designated portions of the public right-of-way without regard for the posted time restriction.

"Employee parking permit fee" means the fee, as established by the city's comprehensive fee schedule, for an employee parking permit.

"Incentive parking programs" means a program similar to merchants providing parking tokens for the future return trips to their patrons.

"Managed parking" means a comprehensive program of parking restrictions and enforcement; establishment and management of pay parking facilities, including metered lots and metered streets; contractual parking arrangements on private property and valet permitting; and parking construction, rehabilitation and development.

"Metered lots" means the municipal pay parking lots, or privately-owned pay parking lots operated under contract by the city, in the downtown.

"Metered street" means a section of public right-of-way specifically designated by resolution of the city council upon which an area parking meter is installed.

"Operator" means any person, firm or corporation owning a valet parking company.

"Park" or "parking" means the stopping or standing of a vehicle, whether attended or unattended excepting to avoid conflict with other traffic or in compliance with a peace officer or official traffic control device and excepting temporarily standing same for the purpose of and while actually engaged in loading or unloading passengers or merchandise.

"Preferential employee parking" means designated parking areas for downtown employees with a properly issued parking permit.

"Property owner" means the owner of land upon which a valet parking storage operation may occur.

"Public right-of-way" means any area dedicated to public use for public street, pedestrian way or other public purposes, or which shall include but not be limited to roadways, parkways, alleys, sidewalks, and pedestrian ways.

"Reserved parking permit" means the permit issued by the city allowing the owner/ manager, or designated representative, of a downtown merchant to park without time restriction, in a parking space designated by the city as "reserved" in a city-owned parking

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.38.010

§ 5.38.010

facility.

"Reserved parking permit fee" means the fee, as established by the city's comprehensive fee schedule, for a reserved parking permit.

"Reserved parking space" means those spaces in a city-owned parking facility designated by the city as reserved for the exclusive use of those vehicles displaying an authorized reserved parking permit. Such "reserved parking spaces" shall not exceed five percent of the total parking capacity of said parking facility.

"Reserved valet parking space" means those spaces in a city-owned parking facility designated by the city as reserved for the exclusive use of an authorized and permitted valet parking service. Such "reserved valet parking spaces" shall not exceed ten percent of the total parking capacity of said parking facility.

"Special event valet parking permit" means the written authorization by the city allowing an operator to provide valet parking on the public right-of-way on a temporary nonrecurring basis for special events. Prior to actually operating a special event valet service, the operator must also obtain a temporary valet parking permit for each specific special event.

"Special event valet parking permit fee" means the fee, as established by the city's comprehensive fee schedule, for a special event valet parking permit.

"Special validation" means a program similar to merchants reimbursing the patron for the cost of parking.

"Temporary valet parking permit" means the written authorization by the city allowing an operator to provide valet parking on the public right-of-way on a temporary nonrecurring basis at a specific location for a specific event. An operator must hold a special event valet parking permit prior to the issuance of a temporary valet parking permit.

"Temporary valet parking permit application" means the form that must be completed for each individual special event valet parking operation.

"Temporary valet parking permit processing fee" means the fee, as established by the city's comprehensive fee schedule, for a temporary valet parking permit.

"Valet" means any person, firm or corporation engaging in the activity of taking possession of, driving, moving, parking or leaving standing, any vehicle that is left at one location to be driven to another location for parking for patrons or guests of a business where such valet is employed by, or is under contract to, the business for which the vehicles are being parked.

"Valet parking permit" means the written authorization by the city allowing a person or company, to provide valet parking on the public right-of-way.

"Valet parking plan" means a written plan describing the location where the valet parking operation will be performed, transportation and access routes, days and hours of operation, number of valets and expected number of guests, the off-street parking location at which vehicles will be parked and the number of parking spaces available and not required for off-street parking requirements under the zoning ordinance.

"Vehicle" means a device in, upon, or by which any person or property is or may be propelled, moved, or drawn upon a highway, excepting a device used exclusively upon stationary rails or tracks.

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City of Palm Springs, CA § 5.38.010

PALM SPRINGS CODE

§ 5.38.070

"Vehicle parking facility" means a metered lot or metered street so designed by city council resolution.

• (b) Other words used in this chapter, the meaning of which is or may be defined by the Vehicle Code of the state, shall have the respective meanings thereby provided.

• (Ord. 1563 § 2, 1998; Ord. 1601 § 1, 2001)

Municipal parking within the city limits shall be developed, operated and managed through city employees or may be wholly or partially privatized through contracts. The expansion of the program to privately owned parking lots may be accomplished by a contract between the city and the property owners and lessees. The scope of the managed parking program is more specifically defined by a resolution duly adopted by the city council, which may be changed from time-totime to meet then current conditions. The managed parking program shall be administered by the director, department of transportation, hereafter referred to as "director." (Ord. 1563 § 2, 1998)

Parking enforcement in the metered lots and on the public streets may be carried out by the city of Palm Springs employees or by contract subject to Section 12.12.015 of the Palm Springs Municipal Code.

(Ord. 1563 § 2, 1998)

The city council by resolution may designate vehicle parking areas and facilities including metered lots, streets and other facilities pertaining thereto which will be metered. The resolution(s) may specify the regulations pertaining to each vehicle parking facility including parking rates or fees, allowable maximum and/or minimum parking time limits, special validation programs, incentive parking programs, preferential employee parking, valet parking and long-term rental parking. The resolution(s) may be amended from time-to-time to reflect then current conditions.

(Ord. 1563 § 2, 1998)

The director of transportation is authorized and directed to install area parking meters in all vehicle parking facilities provided for in Section 5.38.040. (Ord. 1563 § 2, 1998)

The director of transportation shall paint lines or markings upon the streets or parking areas adjacent to area parking meters to designate the parking space for which the meters are to be used.

(Ord. 1563 § 2, 1998)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.38.070

§ 5.38.130

Each vehicle placed adjacent to any parking space shall be parked within the lines and markings so established pursuant to Section 5.38.060.

(Ord. 1563 § 2, 1998)

It is unlawful to park any vehicle so that it extends across any such line or marking or to park same in such position that same is not entirely within the space designated by such lines or markings.

(Ord. 1563 § 2, 1998)

All vehicle parking facilities as defined in Section 5.38.010 shall be metered with area meters and shall be so adjusted as to provide, and likewise to indicate on the face of the parking meter, legal parking at the rate that shall be established from time to time by a resolution of the city council.

(Ord. 1563 § 2, 1998)

When any vehicle is parked in any metered parking space, the operator of the vehicle shall deposit sufficient United States coins, dollars, or credit/debit/voucher card if so equipped, in the parking meter to provide for the time such vehicle is so parked. (Ord. 1563 § 2, 1998)

It is unlawful to deposit or cause to be deposited in any parking meter within this city any slug, device or metallic substitute for United States coins. (Ord. 1563 § 2, 1998)

It is unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed pursuant to this chapter. (Ord. 1563 § 2, 1998)

• (a) No operator of a vehicle shall permit such vehicle to remain parked in any metered parking space during any time the meter, or such ticket produced by the meter, is indicating that such meter is "expired" or that such space is illegally in use, other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking.

• (b) No person shall park a vehicle in a metered parking space for a total period of time longer than the time limit which has been officially established for the parking space. This prohibition shall be applicable even though the operator of the vehicle or another person

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City of Palm Springs, CA § 5.38.130

PALM SPRINGS CODE

§ 5.38.180

has deposited additional coins in the parking meter so as to cause it not to indicate it is "expired" or that the parking space is illegally in use at the time during which the vehicle is left parking in excess of the time limit.

(Ord. 1563 § 2, 1998)

The Palm Springs police department is authorized to remove from parking meter zones to the nearest garage or other place of safety, or to a garage or other place of safety designated or maintained by the police department, any vehicle which has been parked or left standing in violation of an official sign prohibiting or regulating the stopping or parking of vehicles and giving notice that such vehicles may be removed.

(Ord. 1563 § 2, 1998)

No person shall, as a valet or operator as those terms are defined in Section 5.38.010, conduct any activity involving the movement of a vehicle by the operation on or over any public rightof-way or publicly owned or operated property, unless there has first been obtained from the city manager, or his designee, a permit therefor in accordance with this chapter, which permit is in full force and effect.

(Ord. 1563 § 2, 1998)

No operator, as defined in Section 5.38.010, unless possessing a permit expressly allowing the same to be done, shall commit, do, or cause to be done any of the following acts:

• (1) Receive, take possession of (for purposes of parking or temporary storage until return of same to the patron or guest) or move a patron's or guest's vehicle, upon any portion of a public right-of-way or other public property;

• (2) Park any patron's or guest's vehicle upon any portion of a public right-of-way or other public property (including any publicly owned or operated off-street parking space).

• (Ord. 1563 § 2, 1998)

A valet parking operation may be conducted only at a location and during hours approved by the city manager or designee and designated by official valet parking signs designating the authorized location and hours of operation. Permits shall designate the specific location for which a valet parking operation is approved. Valet parking operations are permitted as a special privilege and not as a matter of right and are considered temporary, nonpermanent and as a nonexclusive use of the specific location.

(Ord. 1563 § 2, 1998)

No valet or operator shall park or cause to be parked any patron's or guest's vehicle upon private property without express authorization by the owner or other person in charge of such private property.

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.38.180

§ 5.38.195

• (Ord. 1563 § 2, 1998)

An application for a valet parking permit pursuant to this chapter shall be filed with the city manager or his designee. There shall be submitted such information as the city manager deems necessary in order to evaluate and act upon the permit application, including a valet parking plan as defined in Section 5.38.010 of this code. Each application shall include at least the following basic information in writing: an outline of the method of operating the vehicle parking service, the hours of operation, the number of employees, the location(s) from which vehicles will be picked up and to which they will be delivered, and the location(s) where vehicles will be stored or placed, and the location(s) of any proposed signs and any proposed attendant stands. (Ord. 1563 § 2, 1998)

All permits issued pursuant to this chapter shall conform to the following requirements and such regulations as may from time to time be issued by the city manager or designee, and no permit may be issued which does not so conform.

• (1) A valet parking plan shall be submitted for each location. Adequate automobile storage shall be provided to accommodate all valet parked vehicles, without using streets or other public property for parking.

• (2) Valets must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the names, address and telephone number of the operator and the hours of operation. The sign must be approved in advance by the planning director.

• (3) The valet shall, upon the receipt of each motor vehicle, give a claim check to the owner. The claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.

• (4) A copy of the permit, business licenses and route diagram must be maintained at every valet parking operation site.

• (5) The city may charge street usage privilege fees for the use of city streets and properties by valet parking operations, which fee shall be set from time to time by resolution of the council.

• (6) The city may charge sign fees for the cost of installation and maintenance of valet parkingrelated signs, which fee shall be set from time to time by resolution of the council.

• (7) A valet or operator with a permit may assess the owner or driver of a motor vehicle which it accepts for valet parking a reasonable fee for its services, provided that the business owner served by the valet has agreed in writing that fees may be charged of such owners and drivers.

• (8) An insurance certificate meeting the requirements of the city approved by the city manager.

• (9) A provision indemnifying and holding harmless the city from any loss, claims or damages resulting from the acts or omissions of the permittee.

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City of Palm Springs, CA § 5.38.195

PALM SPRINGS CODE

§ 5.38.220

• (10) Provisions concerning temporary suspension in accordance with Section 5.38.250.

• (11) Permits for the use of the public right-of-way shall be a privilege, not a right, temporary and nonpermanent in nature, and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.

• (Ord. 1563 § 2, 1998; Ord. 2031 § 5, 2020; Ord. 2088, 11/9/2023)

Each applicant for a permit under this chapter, and each person filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal a processing fee or fees in an amount or amounts as may have been established by resolution of the city council. Further, upon approval of such permit, each operator shall pay a privilege fee for the utilization of public right-of-way or public parking facilities in an amount or amounts as may have been established by resolution of the city council.

(Ord. 1563 § 2, 1998)

Permits as applied for shall be issued by the city manager or his designee, provided it appears that all requirements of this chapter and of other applicable ordinances and laws have been, and will appropriately be, met fully by the applicant, and that such permit can be issued subject to appropriate conditions adequate to assure compliance herewith. A permit shall only be issued if the city manager finds, subject to the conditions of the permit, that:

• (1) There will be no undue interference with traffic flow;

• (2) There is an adequate staging area for the valet operation;

• (3) The valet parking plan is adequate and there is sufficient area for the valet parking operation;

• (4) There will be no interference with the use of adjoining property; and

• (5) There is not an over concentration of valet parking operations. (Ord. 1563 § 2, 1998)

The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto adequate to make the findings set forth in Section 5.38.210, and the city manager or his designee shall have discretionary authority to prescribe any such or appropriate conditions, including:

• (1) A condition that the operator conducting valet parking carry primary insurance against liability for injuries to persons or property, naming the city as an additional named insured, and instructing his/her insurance agent or carrier to furnish to the city of Palm Springs a certificate of insurance, or an appropriate insurance binder, evidencing and attesting to the issuance of insurance policies affording coverage on a per occurrence basis as required and listed below.

  • (A) Garage hazard II insurance in the amount of one million dollars combined single limit per incident, and

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.38.220

§ 5.38.230

• (B) Garage keepers legal liability in the amount of one hundred fifty thousand dollars combined single limit per incident.

• (2) A condition that the operator conducting all other services, with the exception of valet parking, carry primary insurance under the same conditions as set forth in subsection (1) of this section, as required and listed below.

  • (A) General liability insurance in the amount of one million dollars combined single limit per incident.

• (Ord. 1563 § 2, 1998)

The operator agrees to indemnify the city, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the operations or activities under the direction or control of the permittee, its agents, employees, subcontractors, or invitees, provided for herein. The permit shall include such an indemnity clause including but not limited to, legal costs and attorneys' fees.

(Ord. 1563 § 2, 1998)

• (a) Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as hereafter stated, be revoked or modified by the city manager for any of the following grounds or reasons:

  • (1) Any acts done under the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way;

  • (2) The permittee or permittee's employees have failed to comply with provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control;

  • (3) The permittee has failed to maintain a current business license as required in Title 3 of this code;

  • (4) There was given any false or fictitious information in connection with the application for and obtaining of the permit;

  • (5) There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations;

  • (6) The character or moral integrity of the permittee or permittee's employees is determined inimical to the public safety or general welfare of the community;

  • (7) Any other reason exists or cause has arisen for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.

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City of Palm Springs, CA § 5.38.230

PALM SPRINGS CODE

§ 5.38.260

• (b) In the event director believes grounds exist to revoke or modify the permit, director shall give permittee ten days written notice of a hearing to revoke or modify the permit, said notice setting forth the reasons therefor. The hearing officer shall be the city manager or designee.

• (c) City manager shall conduct a hearing on the revocation of the permit which need not be in accordance with any technical rules of evidence. City manager shall determine whether permittee has complied with the conditions of the permit, whether there has been a change in circumstances under which the permit was granted and whether any new or revised conditions are warranted. The permit may be revoked unless the findings in Section 5.38.210 are still warranted. Any such revocation or modification shall be effective upon notice or knowledge thereof being received by the permittee, orally or in writing. Any such order of revocation or modification shall also be effective as to any employee or agent of the permittee, which employee or agent has been notified orally or in writing of the substance of the order.

• (d) Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law.

• (Ord. 1563 § 2, 1998)

Any person aggrieved by any action of the city manager or his designee in administering the provisions of this chapter may appeal to the city council in the manner provided by Chapter 2.05 of this code.

• (Ord. 1563 § 2, 1998)

Notwithstanding the provisions of Section 5.38.230 concerning revocation of permits, use, occupation and obstruction of the public right-of-way which is permitted under this chapter may be temporarily suspended, without prior notice or hearing, when, in the discretion of the city manager, the police chief, or the fire chief, any such use, occupation or obstruction may interfere with immediate public safety efforts or programs, street improvements, activities, special events, construction activities, cleaning efforts or other similar activities, or with the health, welfare or safety of the public. In such event, the director shall give such notice as is reasonable under the circumstances and the suspension shall last only so long as necessary, in the judgment of the suspending official.

(Ord. 1563 § 2, 1998)

• (1) Special event valet parking permits may be issued to persons or companies that provide valet parking services for nonrecurring special events where valet parking services are required for thirty calendar days or less.

• (2) Special event valet parking permits are not required for special event valet services entirely on private property.

• (3) Operators must have a current special event valet parking permit and a temporary valet parking permit specific to each valet parking location to operate a special event valet

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.38.260

§ 5.38.280

parking operation in the public right-of-way or on or over public property.

• (4) Insurance and indemnification requirements for a special event valet parking permit shall be as set forth in Sections 5.38.220 and 5.38.225 respectively. A separate certificate of insurance must be submitted to the city by the sponsor of the special event for each valet parking location and each event.

• (5) A temporary valet parking permit application must be submitted for each individual special event and should be filed at least ten calendar days prior to the time that the valet service is required except that the city manager, at his sole discretion, based on a determination that all public safety issues may be adequately addressed, may waive the time requirements of this section. Applications must be accompanied by the temporary valet parking permit processing fee as established by the city's comprehensive fee schedule.

• (6) Temporary special event valet parking operations shall be exempt from the valet parking privilege fee.

• (7) Operators must conform to the temporary valet parking regulations attached to the issued temporary valet parking permit.

• (Ord. 1563 § 2, 1998; Ord. 1601 § 2, 2001)

Employees of downtown merchants shall be allowed to park in designated areas of Indian Canyon Drive and Belardo Road without regard for posted two-hour time restrictions. All such areas shall be posted "Except by Permit." Such spaces are not "reserved" for employees only. If the parking space is available, the permitted vehicle shall be exempt from the posted time restriction. Employee parking permits may be issued to those individuals who have submitted a completed employee parking permit application authorized by the owner/operator of a downtown merchant, a facsimile of the current vehicle registration for the vehicle to be permitted and payment of the employee parking permit fee. (Ord. 1601 § 3, 2001)

Owner/operators, or the designated representative, of downtown merchants shall be allowed to park in those areas of city-owned parking facilities without regard for posted time restrictions. All such areas shall be posted "Parking by Permit Only." Reserved parking permits may be issued to those individuals who have submitted a completed reserved parking permit application authorized by the owner/operator of a downtown merchant, a facsimile of the current vehicle registration for the vehicle to be permitted and payment of the reserved parking permit fee. (Ord. 1601 § 4, 2001)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.40.010

§ 5.40.010