Ordinance 39-11RECORD OF ORDINANCES
DnIon Legal Blonk, Inc.
39 -11
Ordinaym e No.
Passed
_-form _ 1 1o. 3 0043_
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AN ORDINANCE CREATING SECTION 76.14 OF THE CITY
OF DUBLIN CODIFIED ORDINANCES TO PROHIBIT THE
USE OF CERTAIN CITY -OWNED PARKING LOTS AND
RIGHT -OF -WAY FOR VALET PARKING,
AND DECLARING AN EMERGENCY
WHEREAS, in certain areas of the City, particularly Historic Dublin, the use of
City -owned parking lots by valet parking services has hampered the ability of
the public at large to use the lots; and
WHEREAS, the City has examined limiting in some way the use of City -owned
lots by valet operators; and
WHEREAS, the proposed modification to the Dublin Codified Ordinances
would permit the City Manager to designate certain City -owned parking lots as
permitted valet parking lots; and
WHEREAS, these lots would typically be those less convenient to the public at
large; and
WHEREAS, after consulting with the Prosecutor's Office, the best manner of
dealing with the infractions to obtain convictions would be to issue citations to
the valet parking attendants themselves; and
WHEREAS, the City will undertake a public education process and issue
warnings prior to issuing actual tickets to the valet parking attendants; and
WHEREAS, the penalty for violating the new Code section would be the
general penalty section of the Traffic Code, Section 70.99; and
WHEREAS, Section 70.99 provides for a minor misdemeanor penalty, with
higher misdemeanor penalties if certain previous violations have been
incurred.
NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State
of Ohio, --7— of the elected members concurring that:
Section 1 . Section 76.14 is hereby created as follows:
Prohibition Against Valet Parkin_a in City -Owned Parking Lots and Right -
of -Way
No person shall stand or park a vehicle as part of a valet parking service in the
public right -of -way or in City -owned public parking lots, unless otherwise
specifically authorized by the City Manager.
For purposes of this Section, "valet parking service" shall mean a business or
independent contractor which provides a driver to operate a vehicle to and
from a parking location so that the driver and passengers in the vehicle may
unload and load at their immediate destination regardless of whether a fee is
charged.
Penalty, see §70.99
Section 2 . This ordinance is hereby declared to be an emergency necessary
for the immediate preservation of the public health, safety and welfare. The
reason for such necessity is that this restriction in public lots is necessary to
RECORD OF ORDINANCES
Duvion Legal Blank Inc.
39 -11
11 Ordinance No.
_form No. 30043_
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improve traffic circulation and safety and relieve parking lot congestion for the
citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this u tA day of 2011.
i
MW40iiding Officer
ATTEST:
Clerk of Council
CITY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614- 410 -4490
To: Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: July 1, 2011
Initiated By: Jeffrey Tyler, Director of Building Standards
Memo
Re: Ordinance 39 -11 - Proposed Valet Parking Regulations in Historic Dublin
Summary
On May 5, 2011, a memo was submitted to City Council outlining a program for valet parking in
Historic Dublin. Consistent with the Historic Dublin Parking Study, that memo outlined four
recommendations for a comprehensive valet parking program. The fourth recommendation stated:
If voluntary compliance is not achieved, staff will propose regulatory standards for
Council's consideration that would require valet services to comply with the use of
designated parking spaces. This will require ongoing monitoring and enforcement.
The attached Ordinance provides the necessary regulations to prohibit valet parking in the Darby
Street parking lot and requires said parking in the Indian Run lot or any other future lot so
designated by the City Manager.
Background
In April of 2011, City Council reviewed the Historic Dublin Parking Study recommendations citing
the need to address valet parking as a priority. As previously discussed, staff has met over some
period of time with the various restaurant owners and representatives of the Bridge and High
development to find what synergies can be gained in order to develop a comprehensive valet
parking program. Staff has researched innovative solutions for valet parking used in other
communities. Staff has learned that the success of any valet program and regulations relies on the
provision of designated parking areas and the willingness of the City to monitor and enforce that
program.
Findings
Along with the public improvements that City Council previously approved, and based on the
discussions in previous City Council meetings, it has become evident that the next logical step to
the valet parking program is for the approval of an ordinance that restricts valet operations in the
northwest quadrant to the Indian Run parking lot. Valet parking operations in the northeast quadrant
are handled by a previously approved agreement between the City and the proprietors of Oscar's
Restaurant. The attached ordinance, although simple in its construction, provides the regulations
necessary for enforcement in the northwest quadrant. It also provides the framework for expansion
in the future to the other areas in the District as deemed necessary by the City Manager.
Ordinance 39 -11 — Code Amendment — Valet Parking Regulations in Historic District
July 1, 2011
Page 2 of 2
The proposed regulations will be enforced against the valet parking attendant who would choose to
park in restricted parking areas, such as the Darby Street lot. The ordinance will not be enforced
upon the vehicle owner if he /she was not a direct party to the violation, e.g. directing the valet
attendant to park in restricted parking areas. Thus the ordinance regulates the valet parking operator
and does not place undue harm on the vehicle owner.
Recommendation
Staff recommends that City Council dispense with the public hearing and approve Ordinance 39 -11
by emergency at the July 6, 2011 Council meeting.
I ' ' PENALTY.
(A) Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor
shall be sentenced in accordance with § 130.99 to (G).
(B) Whoever violates any provision of this traffic code for which no penalty otherwise is
provided in the section violated is guilty of one of the following:
(1) Except as otherwise provided in division (13)(2) or (13)(3) of this section, a
minor misdemeanor;
(2) If, within one year of the offense, the offender previously has been convicted
of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of
the fourth degree;
(3) If, within one year of the offense, the offender previously has been convicted
of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a
misdemeanor of the third degree.
(RC. § 4511.99)
Classification
Misdemeanor 3 (M3)
Misdemeanor 4 (M4)
Minor Misdemeanor (M M)
Imprisonment
Maximum Sentence of 60 days
Maximum Sentence of 30 days
None
Maximum Fine
$ 500
$ 250
$ 150