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Legislation #: 180495 Introduction Date: 7/12/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 70, Code of Ordinances, by enacting Section 70-569, Authorizing the establishment of Valet Parking Zones on such public streets and in such places and in such number as shall be determined by the Director of Public Works; and granting authority to regulate and permit use of those Valet Parking Zones to the Director of Public Works.

Legislation History
DateMinutesDescription
7/9/2018 Filed by the Clerk's office
7/12/2018 Referred to Transportation & Infrastructure Committee
7/19/2018 Hold On Agenda (7/26/2018)
7/19/2018 Hold On Agenda (7/26/2018)
8/2/2018 Do Pass as a Committee Substitute
8/2/2018 Assigned Third Read Calendar as Substituted
8/16/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180495.pdf Authenticated 213K Authentication
pw presentation 080218.pdf Advertise Notice 1855K Powerpoint presentation
Meter Revenues_FY 2018_per space.xlsb Other 11K Valet Parking Fee Schedule
Fiscal Note 2018_Valet Parking Zones_Final 6-14-18.pdf Fiscal Note 94K Valet Fiscal Note .
Fact sheet 2018_Valet Parking Zones_Final.pdf Fact Sheet 188K Fact sheet 2018 Valet Parking Zones Final .
Valet Ordinance_Final_Revisions_6-14-18.pdf Other 160K Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180495

 

Amending Chapter 70, Code of Ordinances, by enacting Section 70-569, Authorizing the establishment of Valet Parking Zones on such public streets and in such places and in such number as shall be determined by the Director of Public Works; and granting authority to regulate and permit use of those Valet Parking Zones to the Director of Public Works.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances, is hereby amended by enacting a new section to read as follows:

 

Sec. 70-569. Authority of director to establish valet parking zones; authority to

regulate and permit use of valet parking zones.

 

(a)    Definitions.

 

(1)               Annual Administration Fee – A fee paid by the Valet Operator upon issuance of an Annual Valet Parking Zone Permit. The Annual Administration Fee shall be based on the fees generated annually per parking space.

 

(2)               Annual Valet Parking Zone Permit – A Permit issued by the City, at the direction of the director, which grants a Valet Operator the right to operate a Valet Parking Zone within city right-of-way reoccurring at any time for one year, subject to the limitations imposed in this section.

 

(3)               Application Fee – A non-refundable fee for a Valet Parking Zone Permit.

 

(4)               Part-Time Annual Administration Fee – A fee paid by the Valet Operator upon issuance of a Part-Time Annual Valet Parking Zone Permit. The Part-Time Annual Administration Fee shall be equivalent to one-half of the Annual Administration Fee.

 

(5)               Part-Time Annual Valet Parking Zone Permit - A Permit issued by the City, at the direction of the director, which grants a Valet Operator the right to operate a Valet Parking Zone within city right-of-way reoccurring nights (weekdays from 5pm to 3am) and weekends (Saturday and Sunday) for one year, subject to the limitations imposed in this section.

 

(6)               Temporary Valet Administration Fee – A daily fee paid by the Valet Operator upon issuance of a Temporary Valet Parking Zone Permit.

 

(7)               Temporary Valet Parking Zone Permit - A non-reoccurring Permit issued by the City, at the direction of the director, which grants a Valet Operator the right to operate a Valet Parking Zone within city right-of-way for a single day, subject to the limitations imposed in this section.

 

(8)               Valet Operator – An individual or entity permitted to operate a Valet Parking Zone.

 

(9)               Valet Parking Zone – The space within City right-of-way (street and adjacent sidewalk) utilized for valet parking operations. The director shall determine the location and length of all valet parking zones based on factors including, but not limited to, traffic flow, pedestrian safety, the number of zones already in the area where the zone is requested, the hours of operation requested, and the impact on the overall streetscape. Generally, the Valet Parking Zone shall be comprised of one or more than one consecutive twenty foot length spaces along City right-of-way; the approximate size of a standard parking space.

 

(10)           Valet Parking Zone Permit – Term inclusive of Annual Valet Parking Zone Permits, Part-Time Annual Parking Zone Permits, and Temporary Valet Parking Zone Permit.

 

(b) Valet Parking Zones Established. The director or his or her designee is hereby authorized to establish Valet Parking Zones on such city right-of-way and in such places and in such number as shall be determined by the director to be in the best interest of the City, its citizens and visitors. Valet Parking Zones shall not be established (1) within a portion of City right-of-way also utilized by a streetcar system or (2) in such areas which would, in the discretion of the director, cause interference with streetcar operations.

 

(c) Permit Application. A Valet Parking Zone shall be established upon written request for a Valet Parking Zone by a Valet Operator of the proposed Valet Parking Zone and upon issuance by the director of a Valet Parking Zone Permit. The Valet Operator requesting the Valet Parking Zone Permit shall submit the request on a form provided by the director. Each request is subject to a nonrefundable permit Application Fee.

 

(d) Grant of Permit. The director shall have the authority to establish reasonable regulations for the issuance, use, revocation and denial of Valet Parking Zone Permits. Each Valet Parking Zone Permit issued by the director shall obligate the Valet Operator to operate the Valet Parking Zone and perform all obligations, duties and responsibilities set forth by the director. No person shall engage in any business of operating a Valet Parking Zone within city right-of-way without first obtaining a Valet Parking Zone Permit.

 

(e)    Additional Approval and rate of fees for a grant of a Permit on the right of way of Parkways and Boulevards. The applicant for an annual valet parking zone permit must obtain additional approval from the Board of Parks and Recreation Commissioners if the valet parking zone is on a parkway or boulevard that is under the jurisdiction of the Parks Board. The Parks Board shall have the authority to set fees and other requirements in establishing and regulating valet parking zones on parkways and boulevards.

 

(f) Valet Parking Zone Permits may be granted on an annual or temporary basis. Annual Valet Parking Zone Permits may be renewed upon request by the Valet Operator and upon approval by the director thirty (30) days prior to the expiration of the Valet Parking Zone Permit. The term for renewal of the Annual Valet Parking Zone Permit shall also be one year. Valet Operators seeking renewal of an Annual Valet Parking Zone Permit shall remit an Application Fee (as defined below). In determining whether to renew an Annual Valet Parking Zone Permit, the director shall consider the manner in which the Valet Parking Zone has been operated and the degree to which the Valet Operator has complied with the requirements set forth in this section.

 

(g) Fees. The director shall have the authority to set fees to defray the various costs incurred by the city in establishing and regulating Valet Parking Zones. Those fees shall include an Application Fee, Annual Administration Fee, Part-Time Annual Administration Fee, and Temporary Administration Fee.

 

(1) The fees shall be determined annually by the director, as determined on May 1st of each year and posted on the city’s street & traffic permits webpage. The director shall also provide the current fees to any permittee seeking to establish a Valet Parking Zone.

 

(h) Insurance. The director shall determine the types and coverage limits of insurance that shall be required of all Valet Operators. No Valet Parking Zone Permit shall be issued or continued in operation, and no Valet Operator shall operate valet parking unless and until such owner shall file with the director a written certificate of insurance showing that the policy or policies as required by the director are in full force and effect. The policies shall name the City of Kansas City, Missouri as additional insured.

 

(i) Responsibilities of Valet Operators. Valet Operators shall, at their own cost and expense, operate the Valet Parking Zones as required by this section and otherwise directed by the director.

 

(1)               The Valet Operator shall install and maintain, at each location established as a valet parking zone, signage consistent with the requirements of the City of Kansas City, Missouri and the Manual on Uniform Traffic Control Devices.

 

a.                   The City shall provide permanent signage to be used by Valet Operators receiving Annual Valet Parking Permits or Part-Time Annual Valet Parking Permits.

 

b.                  Costs of providing signage for those receiving Temporary Valet Parking Permits shall be borne by the Valet Operator. The Valet Operator shall create, manufacture, deploy and retrieve signage used in connection with the temporary valet permit.

 

(2)               Keep the Valet Parking Zone in a neat and clean condition. The valet Operator shall:

 

a.                   Keep the Valet Parking Zone free from nuisance and filth and provide for removal of snow, ice, trash and waste therefrom.

 

b.                  At all times allow a minimum clearance of 4’ within City sidewalks for free and uninterrupted passage of pedestrians.

 

c.                   Not obstruct or interfere with the passage, ingress, or egress of motorized vehicles, streetcars, bicycles, and any other mode of transport, within City streets.

 

d.                  Utilize Valet Parking Zones only for drop-off or pick-up of vehicles.

 

c.   Only relocate vehicles to the location specified in the Valet Parking Zone Permit.

 

e.                   Only utilize the number of parking spaces specified for drop-off and pick-up in the Valet Parking Zone Permit.

 

f.                   Not allow for any vehicle to be parked for more than ten (10) minutes in a Valet Parking Zone.

 

g.                  Not allow for “double parking” in the Valet Parking Zone.

 

h.                  Not place any cones, traffic control devices or temporary structures of any type in the Valet Parking Zone at any time.

 

(3)               Only operate on days and times specified in the Valet Parking Zone Permit.

 

(4)               At all times possess a valid business license from the city.

 

(j) Penalties. A Valet Operator or its agents or employees who violates or fails to comply with any of the provisions of this section shall be subject to a fine of triple the amount of the Temporary Administration Fee for every day of non-compliance. The director may also suspend or revoke a Valet Parking Zone Permit upon a Valet Operator’s failure to comply with any requirements of this section.

 

(k) Modifications. The director may add, modify, or eliminate Valet Parking Zones or adjust times of operation at any time in order to protect pedestrian traffic, provide for the issuance of permits for right of way users, and improve conditions for the flow of motor vehicular traffic. Any permit issued hereunder may be suspended or revoked for any reason that would justify a refusal to issue the permit originally or by reason of any failure by the permittee to comply with the provisions of this code, or any condition imposed by the director upon issuance of the permit. The Valet Parking Zone Permit may also be suspended if the designated Valet Parking Zone is necessary for city use. Unless there is an emergency as defined by city ordinance, the permittee is entitled to a minimum of two days’ advance notice of the city's intent to temporarily suspend, or a minimum of 30 days advance notice to revoke the valet parking zone permit. Areas no longer utilized as Valet Parking Zones shall revert to their prior use.

 

(l) Waiver. At the sole discretion of the director, all or part of the fees mentioned in this section may be waived if unique or unusual circumstances, as determined by the director, so warrant.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Dustin E. Johnson

Assistant City Attorney