0904
OFFICIAL RECORD
ORDINANCE NO. 904
AN ORDINANCE AMENDING CHAPTER 5, BUSINESSES, OF THE
CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY
ADDING ARTICLE VIII, VALET PARKING, TO PROVIDE FOR THE
LICENSING OF VALET PARKING SERVICES ON PUBLIC STREETS
AND RIGHT-OF-WAYS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENAL TY FOR
VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council possesses, pursuant to section 311.011 of the Texas
Transportation Code, as amended, the exclusive control and power over public streets; and
WHEREAS, the City Council has determined that businesses that desire to use public
streets and right-of-ways for the purposes of providing valet parking services to their customers
pose a significant risk of danger to the public and will likely increase traffic congestion within
the City; and
WHEREAS, the City Council has determined that in order protect the public from harm
and to minimize the traffic congestion associated with such activity, it is necessary to require
businesses to obtain a license from the City to utilize public streets and right-of-ways for the
purposes of providing valet parking services to their customers and to meet certain other
requirements as specified herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 5 of the Code of Ordinances of the City of Southlake, Texas, is hereby
amended by adding Article VIII to read as follows:
ARTICLE VIII. VALET PARKING
Sec. 5-256. Definitions.
For the purposes of this article:
Director means the director of the city's public works department or the director's
designated representative.
Licensee means a person licensed under this article to operate a valet parking service.
The term includes any employee, agent, or independent contractor of the person in whose name
the valet parking permit is issued.
Valet parking permit means a permit issued by the director authorizing a valet parking
service to use the city's streets or right-of-ways.
Valet parking service means a service provided by a business located within the city
limits in which a person operates a vehicle to and from a parking location so that the driver and
any passengers in the vehicle may unload and load at their immediate destination.
Sec. 5-257. Purpose.
This article applies only to a valet parking service provided in connection with a
commercial establishment or commercial activity and does not apply to occasional valet parking
services provided at a private residences or in connection with a social or fund raising activity.
Sec. 5-258. Valet parking permit required; application; issuance.
(a) A business that desires to operate a valet parking service on a public street or right-of-
way within the city limits, or on private property which would require the use of a public street
or right-of-way, shall apply in writing to the director for a valet parking permit and pay the
applicable fee prescribed in section 5-260 for the permit. One application per site must be made
to the director. The application must be made by the owner or lessee of the premises benefiting
from the proposed valet parking service or the valet parking service and must contain the
following information:
(1) The names, addresses, and telephone numbers of:
a. The applicant;
b. If the applicant is a lessee, the property owner; and
c. The independent contractor, if any, the applicant will use to provide the valet
parking service;
(2) The proposed location of the valet parking service and any valet parking service
stands;
(3) The number of spaces requested to be reserved for the valet parking service, each
space being 25 feet long, if parallel to the curb, or 9 feet wide, if head in to the curb; a
minimum number of 2 spaces must be reserved unless the director determines that
because of special traffic conditions, a greater number of spaces is needed to efficiently
operate the valet parking service;
(4) The proposed hours and days of operation of the valet parking service;
(5) The location of off-street parking, if off-street parking is to be used, and a signed
agreement or other documentation showing that the applicant has a legal right to park
vehicles at such off-street location;
(6) Proof of insurance as required by section 5-266; and
(7) Copies of written notification to all property owners, or their representatives, located
within 100 feet of, on the same side of the street as, and within the same block as the
valet parking service location. The applicant is not required to notify property owners
that are on the opposite side of the street or across the same block as the valet parking
service location, even if such property owners are within 100 feet of such location.
(8) A site map showing location of valet parking, placement of valet stand, and off-site
valet parking. This map shall also include the placement of any traffic cones to be used.
(b) The director shall forward a copy of any completed application to any person required
to be listed under subsection (a)(7) of this section and to the Department of Public Safety and
any other department that might be affected by the operation of the proposed valet parking
service. Each office or department, and any other notified persons, shall review the application
and return it to the director with any comments within 30 days of receipt.
(c) After reviewing the application and comments of the departments and of any person
notified in accordance with subsection (a)(7) of this section, and upon receiving payment of all
fees required by this division, the director shall issue a valet parking permit if the applicant meets
the requirements of this article.
(d) A licensee desiring to change the location or hours of operation of a valet parking
service must submit a new application to the director in accordance with this section.
(e) A valet parking permit expires 1 year from the date of issuance unless sooner
terminated by the director or renewed as provided by this subsection. A valet parking permit
must be renewed at least 30 calendar days before expiration through a renewal application in
which the licensee must disclose any changes related to the valet parking service and payment of
all necessary fees. If renewal is denied by the director, then the licensee may appeal in
accordance with section 5-262. Failure to apply for renewal of valet parking permit shall
necessitate initiation of a new application.
Sec. 5-259. Violations.
(a) It shall be an offense to operate a valet parking service within the city on a public
street or right-of-way without an unexpired valet parking permit issued by the director.
(b) It shall be an offense to operate a valet parking service within the city on a public
street or right-of-way in a manner that is outside the scope of the valet parking permit or to
commit any act or omission that violates the requirements section 5-263 ofthis article.
(c) An offense under this section is a Class C misdemeanor, punishable by a fine not to
exceed $500.00.
(d) Citations may issue for the offenses described in subsections (a) and (b) of this
section no more than once per day. Only one citation may issue per offense.
Sec. 5-260. Fees.
(a) The licensee must pay an annual fee of $500 for each approved application.
(b) If the director determines that more than 2 spaces are necessary, the fee shall be $50
per additional space per year.
(c) Nonprofit organizations shall be exempt from these fees. Documentation acceptable
to the director showing the nonprofit status shall be submitted with the application.
Sec. 5-261. Denial or revocation of valet parking permit; temporary suspension.
(a) The director shall deny a valet parking permit if:
(1) The applicant fails to comply with the requirements of this article or other applicable
law;
(2) The applicant makes a false statement of material fact or omission on an application
for a valet parking permit; or
(3) The director determines that the operation of the valet parking service would:
a. Endanger the safety of persons or property or otherwise not be in the public
interest;
b. Unreasonably interfere with pedestrian or vehicular traffic;
c. Unreasonably interfere with the use of a pole, traffic sign, traffic signal,
hydrant, mailbox or other object permitted at or near the proposed location of the
valet parking service; or
d. Unreasonably interfere with an existing use or other license permitted at or near
the proposed location of the valet parking service.
(b) The director shall revoke a valet parking permit if:
(1) The licensee fails to comply with the requirements of this article or other applicable
law;
(2) The licensee made a false statement or omission of material fact on an application for
a valet parking permit; or
(3) The director determines that the operation of the valet parking service:
a. Endangers the safety of persons or property or is otherwise not in the public
interest;
b. Unreasonably interferes with pedestrian or vehicular traffic;
c. Unreasonably interferes with the use of a pole, traffic sign, traffic signal,
hydrant, mailbox, or other object permitted at or near the location of the valet
parking service; or
d. Unreasonably interferes with an existing use or other license permitted at or
near the location of the valet parking service.
(c) After receipt of notice of revocation, the permit holder shall immediately discontinue
providing valet parking service using the public street or right-of-way.
(d) The director may temporarily suspend the operations of a valet parking service if the
public street or right-of-way reserved by the valet parking service or the utilities running thereon
or thereunder are scheduled for construction, maintenance, or repair.
(e) The police or fire chief, or their designated representatives, may temporarily suspend
the operations of a valet parking service if the public street or right-of-way reserved by the valet
parking service is needed for an emergency or temporary use.
(f) If the director revokes, denies or suspends a permit, licensee shall receive written
notice of his action, the reason for the revocation, denial or suspension and that the licensee has
the right to appeal directors decision in accordance with section 5-262. The decision of the
director is final unless a timely appeal is made.
Sec. 5-262. Appeal of denial or revocation of a valet parking permit.
(a) A person may appeal a denial, suspension or revocation of valet parking permit if he
or she requests an appeal, in writing, and such request is received by the city manager not more
than 10 days after notice of the action of the director is received by the applicant.
(b) The city manager or his designated representative shall act as the appeals hearing
officer in an appeal under this section. The hearing officer shall give the appealing party an
opportunity to present evidence and make argument in his or her behalf. The formal rules of
evidence shall not apply to an appeal hearing under this section, and the hearing officer shall
make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify or reverse all or part of the director's action
being appealed. The decision of the hearing officer is final.
(d) All notices required under this article shall be in writing and sent via certified or
registered mail, return receipt requested, through the United States Postal Service.
Sec. 5-263. Standards for operation of a valet parking service.
(a) A licensee shall:
(1) Allow only employees and independent contractors who hold a valid Texas driver's
license, and who are covered by the insurance required by section 5-266 of this article, to
operate any vehicle in connection with the valet parking service;
(2) Require all persons engaged in the valet parking of vehicles to wear retroreflective
safety vests or other retroreflective material while working during the nighttime hours;
(3) Keep a copy of the valet parking permit readily available at the establishment where
the valet parking service is being provided, and produce a copy of such permit upon the
request ofthe director or any law enforcement officer.
(4) Be responsible for the security of keys left with the operator by a customer and keep
such keys in a secure location;
(5) Place no more than 1 valet parking service stand per block on the public street or
right-of-way;
(6) Use only an off-street parking location to park a vehicle accepted for valet parking
servIce;
(7) Notify the director within 10 days of a change in the location of off-street parking and
provide the director with a signed agreement or other documentation showing that the
licensee has a legal right to park vehicles at the new location; and
(8) Immediately inform a customer of a parking citation issued to the customer's vehicle
during the time the vehicle was parked by the business or independent contractor
providing the valet parking service.
(b) A licensee shall not:
(1) Operate the valet parking service in a manner as to:
a. Use or occupy more of the public right-of-way than is permitted by the valet
parking permit;
b. Obstruct a pedestrian's use of a sidewalk;
c. Obstruct a vehicle operator's ability to see any part of an intersecting road; or
d. Injure, damage, or create a hazard to persons or property;
(2) Place or allow the placement of a sign advertising the valet parking service in the
public street or right-of-way, except as provided for under section 5-264.
(3) Park or allow the parking or standing of a vehicle in a valet parking service space;
said space shall only be used for loading and unloading passengers. Vehicle shall not be
allowed to remain in a valet parking service space for more than 5 minutes, except that
after authorized hours of operation, licensee may allow up to 3 vehicles to remain in a
valet parking service space overnight;
(4) Double park a vehicle or park a vehicle on a public street or right-of-way except
where authorized by the valet parking permit or park a vehicle on private property unless
written authorization has been obtained from the owner or lessee of such property; and
(5) Violate a law related to the operation or parking of motor vehicles.
(c) Except for the authorized hours of operation of a valet parking service, spaces
reserved by the valet parking service shall be available for use by the general public on a first-
come, first-served basis in accordance with posted signs and other traffic control devices,
provided that the city reserves the right to restrict or prohibit parking in such spaces in its sole
discretion.
(d) A licensee may allow attended vehicles of the licensee's customers to temporarily
queue in the traffic lane adjacent to the designated drop-off area if the queuing does not:
(1) cause traffic behind the queue to obstruct an intersection;
(2) block public access to a business or residence; or
(3) create a safety hazard.
Sec. 5-264. Valet parking service stands and signage.
(a) A licensee may place no more than 1 valet parking service stand per block on the
public street or right-of-way at a location approved by the director. The valet parking service
stand must be necessary to the general conduct of the valet parking service and shall be used for
such purposes, including, but not limited to, the dispatch of valets and the storage of keys,
umbrellas and other necessary items.
(b) A valet parking service stand shall:
(1) Not occupy an area ofthe public street or right-of-way exceeding 4 feet in width and
4 feet in depth;
(2) Be secured on the public street or right-of-way with a padlock or other appropriate
locking device;
(3) Be removed from the public street or right-of-way when the valet parking service is
not being operated; and
(4) Not unreasonably interfere with pedestrian or vehicular traffic.
(c) Names and/or logos may be placed on a valet parking service stand for the sole
purpose of identifying the project, establishment and/or valet parking service. The identification
of the project, establishment and/or valet parking service shall not have dimensions greater than
4 feet high and 4 feet wide.
(d) Only 2 directional signs are permitted per stand
(1) Location of the directional sign must be approved by the Public Works Director
(2) Directional signs must adhere to the following:
(a) Shall not exceed a maximum height of 4 feet;
(b) Shall not exceed a maximum area of 8 feet;
(c) Shall be removed everyday after the service closes;
(d) Shall not exceed 2 feet in width;
(e) Shall be placed on the sidewalk and 4' of sidewalk must remain clear.
Sec. 5-265. Location of a valet parking service.
(a) Spaces and stands for a valet parking service may not:
(1) Be within 10 feet of a crosswalk;
(2) Be within 10 feet of a fire hydrant, fire call box, police or other emergency facility;
(3) Be within 5 feet of a driveway;
(4) Be within 3 feet in front of or 15 feet behind a sign marking a designated bus stop;
(5) Be within 5 feet of a bus bench; or
(6) Reduce the unobstructed space for the passage of pedestrians to less than 4 feet.
(b) The director may require greater distances than those prescribed in subsection (a) of
this section when warranted by special vehicular or pedestrian traffic conditions.
Sec. 5-266. Insurance.
(a) A licensee shall procure, or cause to be procured, and keep in full force and effect,
and shall keep on file with the director, a policy of garage liability and garage keepers liability
insurance, as evidenced by a certificate of insurance issued by a casualty insurance company
authorized to do business in this state and accepted by the risk management division of the
finance department. The insured provisions of the policy must name the City of Southlake, and
its employees and representatives, as additional insureds and the coverage provisions must insure
the public from loss or damage that may arise to any person or property by reason of the
operation of a valet parking service by the licensee. Such policy may contain exclusions for acts
of God and conduct by third parties.
(b) The garage liability insurance shall provide liability for bodily injury and property
damage resulting from the garage operations or operations of any auto whether or not owned by
the insured and shall be in the minimum limit of $1,000,000.00; other than garage operations
which shall be $1,000,000.00 per occurrence and an aggregate of $2,000,000.00.
(c) In addition, the garage keepers insurance must provide a limit of liability for property
damage of not less than $1,000,000.00 for vehicles in the care custody and control of the
licensee. Maximum deductibles shall not exceed $5,000.00 per unit, $5,000.00 per loss
comprehensive, and $5,000.00 for collision.
(d) The insurance policy required by subsection (a) of this section shall contain an
endorsement which provides for 10 days notice to the director in the event of any material
change or cancellation of the policy.
(e) Upon the director's approval, an exception to the following requirements may be
made if the exclusion of garage liability is waived and endorsed by the commercial general
liability insurance policy to include garage operations.
(f) This section does not preclude additional or more stringent requirements for valet
parking services operated under a contract with the City.
Sec. 5-267. Indemnification and hold harmless.
A licensee, and any independent contractor used by the licensee, must execute a written
agreement to indemnify and hold harmless the City of Southlake and its employees and
representatives against all claims for injury or damage to persons or property arising out of the
operation of the valet parking service by the licensee.
Sec. 5-268. Signs and markings.
The director, or his designated representative, is authorized to place city signs or curb
markings at a location licensed for a valet parking service pursuant to this article. The signs and
markings shall:
(1) Indicate that the location is restricted for use by a valet parking service; and
(2) State the days and hours of operation of the valet parking service; and
(3) Include a tow away sign.
Sec. 5-269. Transfer of Valet Parking Permit.
A licensee may not transfer a valet parking permit to any other person or business
without the written authorization of the director. The director may not approve a licensee's
request for authorization of a transfer of a valet parking permit unless the licensee can
demonstrate that the transferee is willing and able to comply with all the requirements of this
article. If the licensee fails to meet such burden, the director shall provide the licensee with a
written notice of denial, stating the reason or reasons therefor. A director's denial of a licensee's
request under this section is subject to appeal in accordance with section 5-262. The decision of
the director is final unless a timely appeal is made.
SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinance, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 3.
SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remalmng phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than $500.00 for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5.
SA VINGS
All rights and remedies of the City of SoutWake are expressly saved as to any and all
violations of the provision of any other ordinances regulating solicitation or canvassing activities
that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice sitting out the time and place for a
public hearing thereon at least 10 days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance or its caption and
penalty in the official City newspaper one time within ten days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of South lake.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 2Dth DAY OF
WPJ~ ,2007.
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INVOICE
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Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
280532681
FORT WORTH, TX 76102
Invoice Date:
2/17/07
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
Due Date:
2/28/07
Bill To:
PO Number:
PD W/MC
CITY OF SOUTHLAKE
1400 MAIN ST
Order Number:
28053268
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Attn BOBBIE .. MONTGOMERY
Publication Date:
2/17/07
CITY OF SOUTHLAKE Notice is he 13580 1 77 77 LINE $0.81 $62.37
RECEIVED
MAR -62001
OFFICE OF CITY 5ECH
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County a
for the Star -Telegram, published by the Star-Telegra
depose and say that the attached clipping of an a
LEGAL DEPT. STAR TELEGRAM
(817) 390-7320
Signe
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monc
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Any person, . firm or
corporation who vio-
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neglects or refuses to
comply with or who
resists the enforce-
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provisions of this or-
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not . more than
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ense. Each day itthat
a violation is permted
to exist shall consti-
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City of Southlake
Lori Farwell
City Secretary
lay, February 26, 2007
Notary
Net Amount:
CHRISTY L. HOLLAND
I`+P MY COMMISSION EXPIRES
.jE+ ' July 31, 2008
$62.37
ovally p eared Lisa Wessel an, Bid and Legal Coordinator
i Tarl�t ounty, Texas; and ho, after being duly sworn, did
lishe In t e,hbove named per on the listed dates: BIDS &
Thank You For Your Payment
--------------------------------.-..______._..___.._.___.-
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 280532681
Invoice Amount: $62.37
PO Number: PD W/MC
Amount Enclosed:
INVOICE Draft Only
Star-Telegram RECEIVED Customer ID: CIT57
400 W.7TH STREET Invoice Number: 281273261
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 3/9/2007
Federal Tax ID 22-3148254 APR — 3 2007 Terms: Net due in 21 days
Due Date: 3/31/2007
Bill To: OFFICE OF CITY SECRETARY PO Number: PD W/MC
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 28127326
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn:TOM BETTIS Publication Date: 3/9/2007
Description " ° Location Col Depth Linage MU Rate Amount
CITY OF
SOUTHLAKE
CITY OF SOUTHL ORDINA90 NO 44 . NO I3580 1 64 64 LINE $0.81 $51.84
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AMENDING CHAP-
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Before me,a Note of any of the d County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator
provisions of this or-
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say that the attact $soo.00 for each of-rtisement was pu ed in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR
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PASSED AND AP-
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6th DAY OF MARCH
2007 DURING TW
REGULAR RE ME,THIS Tuesday,SUBSCRIBED Al' couNIiL MEET y,March 1 ,2 7
MAYOR: Ar '
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A Lori
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Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 281273261
Invoice Amount: $51.84
PO Number: PD W/MC
Amount Enclosed: $