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Resolution 405-1990 r Division of Community Services <::) C'J fb en ~ .. RESOLUTION NO. 405 -1990 A RESOLUTION PROVIDING FOR THE REGULATION OF COURTESY VEHICLES, LIMOUSINES, \VHICH INCLUDES TROLLEYS AND SIGHTSEEING VEHICLES, AND TAXICABS AT THE KEY WEST INTERNATIONAL ~IRPORT; PROVIDING FOR DEFINITIONS; PROVIDING w :FOR THE REGULATION OF THE PARKING OF VEHICLES ~ . LiAT THE AIRPORT; PROVIDING FOR PICK-UP AREAS :x: t; ~OR COURTESY VEHICLES, LIMOUSINES AND TAXI- c; . ~ABS AND RULES GOVERNING THE CONDUCT OF ~ ~ 4)RIVERS THEREOF; PROVIDING FOR PERMITS FOR ~ . ~9URTESY VEHICLES, LIMOUSINES AND TAXICABS ~ ~ c.')ING THE AIRPORT AND FEES AND CONDITIONS % 0 !HEREFOR; PROVIDING FOR THE SUSPENSION OF ~ !UCH PERMITS FOR VIOLATIONS OF THE TERMS OF tHIS RESOLUTION; PROVIDING FOR A HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR ANY PERMIT HOLDER SUSPENDED BY THE AIRPORT DIRECTOR; PROVIDING FOR PENALTIES FOR ANY OTHER VIOLATIONS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. o ex: o o w ex: ex: o LA- c W .-J - "'- i:i o ...... e: a: WHEREAS, it is desired to establish uniform regulations governing the operation of courtesy vehicles, limousines and taxicabs at the Key West International Airport and the annual permit fees for such vehicles, and WHEREAS, it is desired to establish certain parking and no parking areas at the airport, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions. a) Airport means the Key West International Airport. b) Courtesy vehicle shall mean a vehicle regularly carrying passengers with reservations at a hotel, motel, resort facility or off-site car rental agency to that hotel, motel, resort facility or off-site car rental agency from the airport at no charge to the passenger. c) Motor vehicles or vehicles shall mean any and all motor driven vehicles. d) Operator shall mean a person granted a permit or permits under this ordinance to furnish airport courtesy vehicle, taxicab or limousine service. e) Passenger Vehicle for Hire shall mean any motor vehicle that carries passengers for fare, and shall include taxis, limousines, trolleys and sightseeing vehicles. f) Person shall mean any individual, partnership or corporation. g) Solicit shall mean the asking of an individual if he desires the use of a motor vehicle. h) Gross revenues shall mean the total charges for time, mileage, and personal accident insurance, re- ceived or receivable, whether by cash or credit, before any federal, state or local tax and after any discount specifically shown on the car rental agreement for the rental of all motor vehicles by the operator to custom- ers picked up at the airport for and in connection with the rental of a motor vehicle regardless of where the payment is made or where the vehicle is returned. Section 2. Parking of Vehicles. No person shall stop, stand or park a motor vehicle for the loading or unloading of passengers and luggage other than in an area specifically designated for such use and then only in the manner prescribed by signs, lines or other directional markers, and only for the length of time posted. Section 3. Courtesy Vehicles. a) In waiting for, and in loading and unloading of passengers and luggage, courtesy vehicles shall only use the areas designated for their use and shall not utilize areas designated for the loading or unloading of passengers by others or areas where parking or standing is prohibited. b) Drivers of courtesy vehicles or accompanying personnel shall not solicit business in any manner whatsoever anywhere at the airport and shall not accept 2 for transport any individual without a reservation or a reservation request at the hotel. motel, resort facili- ty or car rental agency for which the courtesy vehicle provides transportation. Upon request of the airport director, or his designee, the driver of a courtesy vehicle, or accompanying personnel, shall furnish the director or designee with the names of passengers with reservations and any other information reasonably necessary to determine compliance with this subsection. c) Courtesy vehicles shall display the name of the operator's logo. The display shall be affixed to the vehicle in a professional business graphic design. d) No person shall furnish airport courtesy vehicle service without first obtaining a permit therefor. All persons desiring to furnish courtesy vehicle airport service shall execute a courtesy vehicle registration form, provide evidence of compliance with all state and county ordinances applicable to its operations, supply a certificate of insurance, obtain a courtesy vehicle permit and pay the permit fee as set forth herein prior to airport opera- tion. The permit shall be in a form adopted by resolu- tion of the Board of County Commissioners. Insurance policies that shall be carried and kept in force are: adequate Workmen's Compensation Insurance, if required by law, and Automobile Liability Insurance with minimum limits of $100,000/$300,000 for bodily injury and $100,000 for property damage. The County shall be named co-insured as owner/operator of the Airport in all such policies, shall be furnished with proper certification that such insurance is in force, and shall be furnished additional certificates in the event of changes in such insurance. The courtesy vehicle permit fee, except for rental car courtesy vehicles, is based on a one year schedule ':) oJ but may be paid in advance annually or monthly, at the election of the operator, in the following amounts: $2400.00 per year per operator, or $200.00 per month per operator. Rental car courtesy vehicle permit fee is based on a percentage of annual gross revenues at a rate of 8%, payable monthly on the fifth business day of the month following the activity for which payment is being made. No new permits shall be issued to an operator who has any courtesy vehicle permits suspended under subsection (e) until after the suspension(s) expire. A suspension under subsection (e) shall not entitle the operator to a refund or extend the life of a permit. e) In the event of more than three violations of this Section 3 within a 30 day period by an operator's employees, the failure to pay the fees within 15 days of due date, or the operator's use of unpermitted courtesy vehicles, the airport director may suspend any or all of the operator's courtesy vehicle permits and deny the affected vehicles access to the airport for a period not to exceed 60 days. Section 4. Passenger Vehicles for Hire. a) In waiting for, and in loading and unloading of passengers and luggage, taxicabs and limousines shall only use the areas designated for their use and shall not utilize areas designated for the loading or unloading of passengers by others or areas where stopping, parking or standing is prohibited. b) Only passenger vehicle for hire drivers, operating vehicles with a permit issued under this section, may pick up passengers at the airport. Such drivers shall not at any time solicit customers in the terminal or enter the terminal building except when necessary to carry the baggage of a handicapped passenger upon the request of the passenger and when accompanied by the passenger. Drivers shall stand to 4 the side of any doorway and within the designated area outside the terminal building. Upon request, taxicab or limousine drivers shall courteously inform inquiring members of the public of alternate means of ground transportation, locations where they may be obtained, and their frequency of operation and routes. c) No person shall furnish taxicab or limousine airport service without first obtaining a permit therefor. All persons desiring to furnish taxicab and limousine service to the airport shall execute a taxicab or limousine vehicle registration form, provide evidence of compliance with all state laws and county ordinances and regulations applicable to its operations, supply a certificate of insurance, obtain a taxicab or limousine vehicle permit, and pay the permit fee as set forth herein prior to airport operation. The permit shall be in a form adopted by resolution of the Board of County Commissioners. Insurance policies that shall be carried and kept in force are: adequate Workmen's Compensation Insurance, if required by law, and Automobile Liability Insurance with minimum limits of $100,000/$300,000 for bodily injury and $100,000 for Property Damage. The County shall be named co-insured as owner/operator of the Airport in all such policies, shall be furnished with proper certification that such insurance is in force, and shall be furnished addition- al certificates in the event of changes in such insur- ance. The taxicab and limousine permit fee is based on a one year schedule but may be paid in advance annually or monthly, at the election of the operator, in the following amount: $150.00 per month per parking slot. No new permits shall be issued to an operator who has any taxicab or limousine permits suspended under subsection 3(e) until after the suspension(s) expire. 5 A suspension under subsection (e) shall not entitle the operator to a refund or extend the life of a permit. d) In the event of more than three violations of this Section by an operator, or the failure to pay monthly the permit fee within 15 days of the due date, or the operator's use of unpermitted vehicles, the airport director may suspend the operator's permit and deny the affected operators vehicles access to the airport for a period not to exceed 60 days or until monthly the permit fee is paid as applicable. This penalty shall be in addition to any penalties that may be imposed under Section 7. Section 5. Adoption of Loading, Unloading and No Parking Areas. The designated parking, loading and unloading areas for courtesy vehicles, taxicabs, limousines, and the general public, as well as all no parking areas, are displayed on the map at- tached as Exhibit "A" which is incorporated and made a part of these regulations. Such designated areas shall not be effective, however, until they have been properly posted or otherwise marked. Section 6. Suspension Procedure. When the airport director has determined to suspend' any courtesy vehicle permit under Section 3 (e), or any taxicab or limousine permit under Section 4(d), he shall promptly reduce his decision to writing, stating the reasons therefor, and the commencement date and length of the suspension. A copy of the written decision shall be sent by registered mail, return receipt requested, or by hand delivery, to the business address of the offending operator. A suspended party may obtain a de novo hearing before the Board of County Commissioners by filing a request with the County Administrator within five business days of his receipt of the copy of the suspension notice. Upon the receipt of the request, the County Administrator shall schedule the hearing for the next available regularly scheduled Board meeting. At the hearing the suspended party and the airport 6 director may offer such evidence as they deem necessary to support their respective positions although immaterial, irrele- vant or unduly repetitious evidence shall be excluded by the Mayor. However, all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. At the conclusion of the hearing, the Board shall either affirm, reverse or modify the decision of the airport director and state the reason(s) therefor. Section 7. In addition to the suspension procedure under Section 6, any violation of these regulations may also be pros- ecuted as a misdemeanor of the second degree, punishable as provided in Secs. 775.082 or 775.03, Fla. Stat. Section 8. ~ This Resolution shall take effect following the promulgation required in Sec. 332.08(2)(b), Fla. Stat. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held I/+h day of ~1If...;"r I , A.D., 1990. on the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~ Mayor/Chairman (SEAL) Attest: DANNY 1,. KOI:HAGE, Clerk APP;?~-; V( - .". ..J "(,'i!/~, AN.!' ! ~, ; BY ADOPTED: 9-11- 9tJ EFFECTIVE DATE: 7 J ) f J j ~ I ~ s- /-'. l:::;J~ rt )> ..~~ ( - -'l\::t: , d11 I (~N . . " l~j~ll " " ..... :.:.: I::::: &,,\9 .\~~ ~t::fi1 .... 6\J\\ \It ....0':) ~, ,t .. ,. j "llSJ ~I: ___ "-X , I ~ ,{1Ii~1.i~i:i]:i:m:~::i:M;\t... . :{:I. . .., . . 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