Downtown Valet Parking
- 3-11-1: Legal Authority
- 3-11-2: Purpose And Intent
- 3-11-3: Scope
- 3-11-4: General Licensing Provisions Applicable
- 3-11-5: Definitions
- 3-11-6: Valet Permits Required
- 3-11-7: Regular And Special Event Valet Parking Permits
- 3-11-8: Application For Permits
- 3-11-9: Valet Parking Permit Standards
- 3-11-10: Authorized Valet Parking Zones
- 3-11-11: Indemnification
- 3-11-12: Insurance
- 3-11-13: Suspension Of Operations
- 3-11-14: Revocation Or Suspension Of Permit
- 3-11-15: Procedures For Denial, Suspension, Revocation, Appeal
- 3-11-16: Compliance With Applicable Laws
- 3-11-17: Violation; Penalty
3-11-1: Legal Authority
Idaho Code sections 50-301 and 50-307 authorize the City to adopt and enforce ordinances, rules, and regulations governing standards and procedures for licensing persons who engage in or operate a trade or business within the City. (1952 Code § 5-13-01; amd. 2019 Code)
3-11-2: Purpose And Intent
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 downtown public streets and rights-of-way for valet parking operations, while providing a public benefit, may also impede travel, interfere with the rights of others using the downtown streets and rights-of-way, and affect the public safety or create a public nuisance. Therefore, the City Council declares its intent to require valet parking operations to be permitted in the downtown area and to restrict, or otherwise condition, valet parking operations as a special privilege, and not as a matter of right. The approval of any permit under this chapter for the use of the public rights-of-way is on a temporary and nonpermanent basis and is for a nonexclusive use of the public rights-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 rights-of-way. (1952 Code § 5-13-02)
This chapter establishes minimum standards and procedures for licensing and operating a business as a valet parking service within the City. (2019 Code)
3-11-4: General Licensing Provisions Applicable
To the extent not inconsistent with this chapter, the licensing provisions set forth in chapter 1, article A of this title, shall apply with full force and effect to all provisions and sections of this chapter. (2019 Code)
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
ADA COUNTY HIGHWAY DISTRICT (ACHD): The single countywide highway district with the exclusive jurisdiction over the public rights-of-way in the City.
CITY COUNCIL: The City Council of Boise City, State of Idaho.
CITY OFFICIAL: A City representative, department or division with the authority to enforce the rules and regulations set forth within this Code, including, but not limited to, the Parking Services Office, City Clerk's Office, the Code Enforcement Division of Planning and Development Services, the Boise City Police Department, or the Boise City Fire Department.
DOWNTOWN: The section of Boise City which is described by exhibit A on file in the City.
DRIVER: A person who drives, operates or is in actual physical control of a vehicle.
MOTOR VEHICLE: Every vehicle which is self-propelled, but excludes all vessels which are solely solar or human powered and electric or motorized personal assistive mobility devices and wheelchairs.
NONPROFIT VALET PARKING OPERATION: A temporary valet parking service for which no fee is charged and is:
A. Located at a private residence;
B. Operated for a nonprofit organization; or
C. Operated for a public entity.
PARKING SERVICES OFFICE: The Boise City Parking Services Office, or its designee.
SPECIAL EVENT: A preplanned single gathering, or a series of preplanned, related, consecutive, daily gatherings, which include, but are not limited to, concerts, dances, rallies, assemblages, processions, parades, circuses, fairs, festivals, block parties, speeches, sporting exhibitions or competitions, or other organized activity conducted for educational, cultural, political, religious or entertainment purposes.
STREET: The entire width between the boundary lines of every public way for vehicular travel use, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic.
TEMPORARY VALET OPERATION: Any nonrecurring valet parking service which is operated for seven (7) consecutive days or less.
VALET OPERATOR (OPERATOR): Any person engaged in the business of valet parking.
VALET PARKING OPERATION: A business which receives or takes possession of, driving, moving, parking or leaving standing, within the downtown area described by exhibit A on file in the City, any vehicle that is left at one public, on street, metered parking location to be driven to another location for parking, whether or not a charge is levied, and whether done under contract to the business or organization for which the vehicles are being parked, or done independently. It does not include operators of public or private off street parking operations or facilities where customers park their own vehicles and remove the key themselves.
VALET PARKING PLAN: A written plan describing the location where a valet parking operation will be performed, 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 Development Code.
VALET PARKING SERVICE: A parking service provided to accommodate patrons of any business establishment, which service is incidental to the business of the establishment and by which an attendant on behalf of the establishment takes temporary custody of the patrons' motor vehicle and moves, parks, stores or retrieves the vehicle for the patrons' convenience.
VALET PARKING SIGN: A temporary or permanent sign, approved by the City, which designates the location and hours of an authorized valet parking operation.
VALET SPONSOR (SPONSOR): Any person who signs a statement that a need for valet service exists, and who seeks to operate, or causes to be operated, a valet parking operation at the sponsor's downtown residence, place of business, or function. (1952 Code § 5-13-03; amd. 2019 Code)
3-11-6: Valet Permits Required
A. Requirements: 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 downtown public street, sidewalk or other City owned or operated right-of-way, unless that person:
1. Has been issued a current operator's valet parking permit stating the terms and conditions of such operation.
2. Posts an official valet parking sign authorized for the location.
3. Has and maintains all the qualifications and none of the disqualifications provided herein and in chapter 1, article A of this title, throughout the permit period.
4. Maintains a telephone number, to be provided in the application, which shall be answered during the hours of the valet operation.
5. Obtains the written consent of the Capital City Development Corporation for any proposed valet locations on 8th Street between Bannock and Main Street, and submits such with a valet permit application.
B. Abandonment: The permit of any valet operation not in service for fifteen (15) consecutive days shall be deemed abandoned and such permit shall revert to the City for reissue. (1952 Code § 5-13-04; amd. 2019 Code)
3-11-7: Regular And Special Event Valet Parking Permits
All regular valet parking permits and special event valet parking permits regulated under this chapter shall be issued, maintained and renewed by the City Clerk's Office.
A. Hour, Time Limits: All permits will include standard conditions which limit the hours of operation and the time allowed for the unloading and loading of vehicle occupants using the valet services.
1. At a minimum, the standard conditions will prohibit valet operations before six o'clock (6:00) P.M. and after five o'clock (5:00) A.M.
2. Special conditions may also be included which further restrict the six o'clock (6:00) P.M. and five o'clock (5:00) A.M. time of day limits on operations.
3. Unloading and loading of vehicle occupants at valet operations shall not exceed three (3) minutes.
B. Conflicts: No permitted valet parking operations may cause a conflict with an authorized and permitted special event or other authorized use of the public right-of-way. Where any use, occupation or obstruction of the public right-of-way by an operator, permitted or not, may interfere with public safety efforts or programs, street improvement activities, special events, construction activities, cleaning efforts or other similar activities, or with the health, welfare or safety of the public, that use may be suspended in accordance with the provisions contained in this chapter.
C. Regular Valet Parking Permits: All regular valet parking permits are issued only for valet parking locations which shall operate on a daily or regularly scheduled basis.
D. Special Event Valet Parking Permits: All special event valet parking permits are issued only for valet parking locations which shall operate for a limited time period of seven (7) calendar days or less. Special event permits are not required for special event valet services conducted entirely on private property. (1952 Code § 5-13-05; amd. 2019 Code)
3-11-8: Application For Permits
A. Required: All applications for valet parking permits shall be made to the City Clerk's Office as set forth in section 3-1A-6 of this title.
B. Additional Information Required: All valet parking permit applications shall additionally require the following information:
1. A copy of the valet parking plan, which shall include a signed statement by the owner or lessee of any location or facility designated as the parking or storage location, or an agreement for parking at the location or facility;
2. The name and location of the sponsor's property or site and a signed statement from the sponsor that a need for valet services exists;
3. The hours of operation and the minimum number of employees of the operator engaged for the operation at the specific site;
4. The name, location and telephone number where a responsible person, employee or agent of the operator and of the sponsor will be available at all times during hours of operation;
5. The routes to be used between any passenger loading zone or other vehicle pick up point and the parking or storage location, and back to the initial pick up point;
6. A copy of a written contract, license or lease between the sponsor or operator, and the operator of any parking facility or storage area designated as the parking or storage location, which contract or covenant shall contain a provision that it cannot be canceled without at least thirty (30) days' written notice to the other party and to the City; and
7. The location of any proposed signs or attendants' stands.
8. Proof that a valid State driver's license is held by each driver who is employed by or contracted to an operator shall be required.
C. Regular Valet Parking Permit Specific Application Requirements: In addition to all of the valet application requirements listed above, all regular valet parking permit applications must additionally be completed and submitted at least twenty (20) business days prior to the proposed commencement of operation. Failure to comply with this twenty (20) business day requirement may result in delays in processing and permit renewal and may cause an interruption in the operation.
D. Special Event Valet Parking Permit Specific Application Requirements: In addition to all of the valet application requirements listed above, all special event valet parking permits must additionally be completed and submitted at least ten (10) business days prior to the proposed commencement of operation. Failure to comply with this ten (10) business day requirement may result in delays in processing and permit renewal and may cause an interruption in the operation.
E. Permit Conditions: Permits will contain standard conditions, and may contain special conditions to protect the public safety, to protect the public's right to equal access of public property and to ensure noninterference with normal pedestrian or vehicle traffic flow. Any application may be denied and any permit revoked if the City determines at any time that these conditions have not been or cannot be met.
F. Insurance: No valet operator permit, or renewal thereof, shall be issued unless the applicant provides proof to the City Clerk's Office that they have obtained the required liability insurance coverage as set forth in section 3-11-12 of this chapter.
G. Decision: A decision on the requested permit will be made by the Parking Services Office upon the information submitted by the applicant, subject to the required findings and, if issued, subject to conditions placed upon a permit by the Parking Services Office. Based on the findings, the Parking Services Office shall approve, partially approve, disapprove the application, or approve the application subject to standard or special conditions, including, without limitation, standard or special conditions restricting the hours of valet operation. A notice of the decision shall be mailed to the applicant. (1952 Code § 5-13-06; amd. 2019 Code)
3-11-9: Valet Parking Permit Standards
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. No permit may be issued which does not so conform.
A. Parking Plan: All operators or sponsors must submit a valet parking plan for each location. The sponsor and operator shall be responsible for providing adequate vehicle storage to accommodate all valet parked vehicles, without using streets or other public property. A plan may not be required if all driving and parking is entirely on private property. Should any portion whatsoever of any public street, public sidewalk or other public right-of-way be utilized or driven upon, a plan shall be required. This plan, and any modifications thereof, must be approved in advance and in writing by the City.
B. Signs: No more than two (2) moveable signs may be utilized by an operator. One may be a business sign at the location where an operator takes possession of a vehicle, and one may be placed near the drop off space so long as it in no way impedes pedestrian or vehicular traffic. All valet signs must comply with any and all required approvals for placement of objects or signs within the public right-of-way, including the payment of any required fees. Valet signs must in all circumstances conform to the following requirements:
1. Contents: If only one sign is used, it must be a business sign identifying the name, address and telephone number of the operator, the rates charged and the hours of operation. If a second sign is used, it may contain the same information, but may also identify the availability of valet parking.
2. Dimensions: Sign face shall not exceed eighteen inches (18") in width and twenty four inches (24") in height.
3. Location: Specific locations shall require approval of the City.
4. Times: Sign may only be posted during operator's business hours. Any signs utilized shall be removed during hours the valet parking is not in operation.
C. Claim Check: The operator shall, upon the receipt of each vehicle accepted for valet parking, give a claim check to the vehicle's driver. The claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.
D. Proof: Copies of the operator and sponsors' valet parking permits, business licenses, insurance and route diagram, must be maintained at every valet parking operation site and readily available upon request by a City official or police officer.
E. Operator Changes: In the event a sponsor changes operators, a sponsor's permit continues to be valid at the approved site. Any new operator at the site must possess a valid operator's permit. Neither permit type is transferable.
F. Valet Parking Fees: Fees may be charged by the City for valet parking operations. Any City fees will be established and maintained in the City Clerk fee schedule.
G. Fees Charged By Operator: An operator with a regular permit or special event 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 sponsor has agreed in writing that fees may be charged of such owners and drivers; and further provided, that the operator shall provide both the owner and driver advance notice of the applicable fees to be charged.
H. Suspension Of Use Of Public Right-Of-Way By Operator: 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 Parking Services Office, or any other City department or outside entity with jurisdiction, it is determined that such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, special events, construction activities, cleaning efforts or other similar activities, or with the health, welfare or safety of the public. While no prior notice or hearing is required, when possible the City shall endeavor to notify operator or valet sponsors, who may be affected by the temporary suspension either verbally or in writing.
I. Additional Conditions: The City may, in its sole discretion, place additional conditions upon the issuance of the permit in order to ensure the protection of the public right-of-way, the rights of all adjoining property owners, and the health, safety and welfare of the public.
J. Determination Of Appropriateness: The City shall, in its sole discretion, determine the appropriateness of the proposed area for valet parking services. The City shall consult with ACHD to determine any traffic operations, motorist or traffic safety issues associated with the permit. The City may consult with the Downtown Boise Association, or other downtown tenants or landlords in considering the appropriateness of the proposed area. Under no circumstances may a valet parking operation take place in a travel lane or interfere with pedestrian traffic.
K. No Property Interest: Permits for the use of the public right-of-way shall be considered temporary and revocable, and permittees shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.
L. Legal Compliance: Permits and activity pursuant to permits shall comply with all other applicable governmental restrictions or requirements. (1952 Code § 5-13-07; amd. 2019 Code)
3-11-10: Authorized Valet Parking Zones
A valet parking operation may be conducted only at a location and during the hours approved by the City and indicated by official valet parking signs. Permits shall designate the specific location for which a valet parking operation is approved. Valet parking operations are permitted as a special privilege, not as a matter of right, and thus are considered temporary and revocable, and are for a nonexclusive use of the specific location. Only one valet parking operation will be allowed in any downtown block face and no more than one operator will be allowed use of the space as contracted with the associated sponsor. (1952 Code § 5-13-09; amd. 2019 Code)
As a condition of any license governed under this chapter, the licensee, his employees, agents, subcontractors, representatives and any person acting under or pursuant to an operator's permit, agrees to the maximum extent permitted by law to indemnify, defend and hold harmless the City and ACHD, and all their elected officials, officers, commission members, employees and representatives, against any and all liability, suits, causes of action, claims or injuries, damages, costs and expenses to persons or property, whether public or private, that may arise out of, or be occasioned by, the operation of a valet parking service on the public right-of-way or other property, or any act, omission or misconduct of the licensee or his employees, agents, subcontractors or representatives. (1952 Code § 5-13-10; amd. 2019 Code)
A. Types Identified: Every valet operation governed under this chapter shall be continuously insured and have the following types of insurance:
1. Commercial General Liability: Every valet operation shall carry no less than a one million dollar ($1,000,000.00) limit, commercial general liability policy of insurance, issued by an insurance carrier duly authorized to do business in the State.
2. Commercial Auto Liability: Every valet operation shall carry no less than a five hundred thousand dollar ($500,000.00) limit, combined single limits for owned, nonowned and hired vehicles, under a motor vehicle liability policy of insurance issued by an insurance carrier duly authorized to do business in the State.
3. Garagekeeper's Legal Liability: Every valet operation shall carry no less than a one million dollar ($1,000,000.00) per occurrence limit, garagekeeper's legal liability policy, which must include comprehensive perils for the vehicle while being stored by the valet operator.
B. Certificate Required: Every valet operator licensee shall tender to the City Clerk's Office a certificate of insurance certifying that insurance of the type and in the amount required by this chapter is in effect. The certificate of insurance shall list City and the Ada County Highway District separately as additional insureds. Said certificates of insurance shall specify as the certificate holder Boise City, P.O. Box 500, Boise, Idaho 83701-0500.
C. Notice Of Cancellation Or Changes: Every valet operator licensee shall notify the City Clerk's Office in writing of the voluntary or involuntary cancellation of, or changes to, any policy of insurance within two (2) business days of such cancellation or change. (1952 Code § 5-13-11; amd. 2019 Code)
3-11-13: Suspension Of Operations
Any police officer or City official may suspend all operations of an operator in any location, except for retrieval of vehicles already subject to valet parking, for the remainder of the day's hours of operation (which suspension may extend to 8:00 A.M. of the following day), upon the occurrence, in said location, of any traffic accident arising out of operating conditions within or around a valet parking station or valet parking zone, or where otherwise required because of an emergency situation whether or not arising from the operation of the valet parking operation. (1952 Code § 5-13-12; amd. 2019 Code)
3-11-14: Revocation Or Suspension Of Permit
A. Immediate Suspension: The City may immediately suspend any permit, for the protection of the public health, safety or welfare as set forth in section 3-1A-19 of this title. Permits under this chapter may also be immediately suspended, without a hearing, when the continued valet parking operation:
1. Interferes with, or threatens to interfere with, the public's use of the streets or sidewalks, the normal flow of vehicular or pedestrian traffic on any public right-of-way or City owned, operated or managed property, or any special event; or
2. Fails to maintain the minimum levels and standards of liability insurance or claims reserves.
B. Other Reasons To Suspend Or Revoke Permit: In addition to the reasons to deny, suspend or revoke a permit as set forth in section 3-1A-17 of this title, the City may also suspend or revoke any permit whenever the City determines that the permittee, or any of its drivers, employees, agents or subcontractors have:
1. Allowed unlicensed drivers to operate or park vehicles;
2. Failed to comply with or violated any permit conditions, including failure to maintain liability insurance for any period of time;
3. Provided false or incomplete permit application information;
4. Interfered with the public use of the streets or sidewalks, the normal flow of vehicle or pedestrian traffic on any public right-of-way or ACHD or City owned property; or
5. Created an operation which constitutes a public nuisance, including, but not limited to, a visual blight.
C. Notice: All notices of denial, suspension or revocation of permits governed under this chapter shall follow the standards and requirements as set forth in section 3-1A-15 of this title. (1952 Code § 5-13-13; amd. 2019 Code)
3-11-15: Procedures For Denial, Suspension, Revocation, Appeal
Except as otherwise provided herein, the procedures for denial, suspension, revocation and appeal of a license shall be as set forth in chapter 1, article A of this title. (1952 Code § 5-13-14; amd. 2019 Code)
3-11-16: Compliance With Applicable Laws
Nothing in this chapter is intended to authorize the parking of motor vehicles by operators and sponsors in a manner contrary to, and all permittees shall comply with, applicable State laws and local parking and traffic regulations, including this Code. (1952 Code § 5-13-16)
3-11-17: Violation; Penalty
Every violation of this chapter shall constitute a general misdemeanor, and every person deemed guilty thereof shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this Code, unless Idaho Code or this Code provides a specific lesser penalty for the violation set forth in this chapter. (1952 Code § 5-13-17; amd. 2019 Code)