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Resolution 330-1997 Community Services RESOLUTION NO. 330-1997 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REPEALING RESOLUTION NO. 122-1995 (THE EXISTING MARATHON AIRPORT GROUND TRANSPORTATION RESOLUTION); PROVIDING FOR DEFINITIONS; PROVIDING FOR THE REGULATION OF BUSES, COURTESY VEmCLES, TAXIS AND MOTOR VEmCLES FOR 1llRE; PROVIDING FOR PERMITS AND FEES; PROVIDING FOR PENALTIES FOR VIOLATIONS OF TmS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. ; '} ..., '--. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT ----j c, Section I. Resolution No. 122-1995 is hereby repealed. I,) Section 2. Definitions .> I . ;---. ,-<) a) Airport means the Marathon Airport terminal area. b) Airport Director or Director means the County employee charged with managing the Airport or his designee. c) Bus means a motor vehicle that is operated on a regular scheduled route or is chartered for a specific prearranged purpose and is designed to transport more than fifteen persons, including the driver. d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel, motel, resort facility, marina, off-site car rental company, or local attraction, without a fee charged directly to the passenger. e) Unattended vehicle means that the driver is not within the Airport area. f) Taxi or vehicle for hire means a motor vehicle designed to transport persons which does not operate on a regular schedule and which normally charges passengers a fee for transportation. g) Delivery Vehicle means a vehicle delivering goods or services to County personnel or tenants at the airport terminal building. h) Operator means the owner or the driver of a bus, courtesy vehicle, taxi, vehicle for hire, or delivery vehicle. i) Gross revenues mean the total charges for time, mileage and personal accident insurance, received 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 th~ operator to customers 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. j) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by mere physical presence, if a potential customer desires transportation. Section 3. - Exhibits Exhibit A is a map depicting the various parking and no parking areas at the Airport. Exhibit B contains the insurance requirements for the types of vehicles operating at the airport under the terms of this Resolution. Exhibits A and B are attached to this resolution and made a part of it. Section 4. - Courtesy Vehicles Only the operators of courtesy vehicles with a current Airport permit issued under this Resolution, may stop, stand, park, load, unload, or pick up passengers, at the Airport area reserved for courtesy vehicles shown on Exhibit A. The use ofthe area reserved for courtesy vehicle permittees by anyone other than the operators described in this section is prohibited. Non-rental car Courtesy vehicles without a permit are prohibited from picking up or loading passengers anywhere at the Airport. Upon request, the driver of a courtesy vehicle operating under this section must provide the Airport Director with the names of passengers with reservations or other information reasonably necessary to determine compliance with this Resolution. Courtesy vehicle operators may only meet their passengers in the areas designated by the Airport Director. Section 5. - Buses and Delivery Vehicles Only the operators of buses or delivery vehicles may stop, stand, park, load, unload or pick up passengers at the Airport areas reserved for buses or delivery vehicles as shown on Exhibit A. The use of the area reserved for buses or delivery vehicles by anyone other than bus or delivery vehicle operators is prohibited. Chartered buses must have a current Airport permit to use the area reserved for buses as shown on Exhibit A. Section 6. - Taxis and motor vehicles for hire Only the operators of taxis and vehicles for hire with a current Airport permit issued under this Resolution may stop, stand, park, load, unload, or solicit passengers at the Airport area reserved for taxis and vehicles for hire shown on Exhibit A. Taxis or vehicles for hire without a permit are prohibited from picking up, soliciting or loading passengers anywhere at the Airport. The solicitation of persons at the Airport by anyone other than a taxi or vehicle for hire operator is prohibited. Taxi and vehicle for hire operators may only solicit in the area reserved for taxis depicted on Exhibit A. Drivers are prohibited from soliciting within the terminal building. Section 7. - Public loadin~ and unloading areas Members of the public may only load, pickup and unload passengers at the Airport areas reserved for general loading and unloading as shown on Exhibit A. The use of the general unloading area is available to anyone. This includes the operators described in Section 8. The 2 use of-the gen~ralloading area by anyone other than a member of the public or a rental car used as a courtesy vehicle is prohibited. Section 8. - Unpermitted operators The operators of: a) taxis and vehicles for hire without an Airport permit, b) courtesy vehicles without an airport permit, c) chartered buses without an Airport permit may unload passengers at the Airport area reserved for general unloading. The operators described in this section are prohibited from unloading passengers elsewhere at the Airport, and are prohibited from loading, picking up, or soliciting passengers anywhere at the Airport. Section 9. - Courtesy vehicle permits and fees a) Courtesy vehicle operators who wish to stop, stand, park, load, or pick up passengers at the Airport area reserved for courtesy vehicles must obtain an Airport permit from the Airport Director for that privilege. Courtesy vehicle permit applicants must fill out a courtesy vehicle permit form required by the Airport Director, provide evidence that the applicant is in compliance with state laws and any County ordinances and resolutions that apply to the applicant's operation, provide proof of the insurance required by this Resolution, and pay the fee described in the following subsection. b) The courtesy vehicle permit fees are: (i) Except for off-site rental car courtesy vehicles, $25.00 per month per vehicle, due the first of each month, but payable up to fifteen (15) days in advance. Only month to month permits are available under this subsection. (ii) Except for off-site rental car courtesy vehicles, an occasional use permit fee of $5.00 per day, payable on the date of use or in advance. (iii) Off-site rental car courtesy vehicles, any number, 8% per month of the monthly gross revenue, due by the 5th day of each month following the month that generated the revenue. c) The courtesy vehicle permit decal must be affixed by the operator to the vehicle in the right rear window. Expired permit decals will be removed from the vehicle. d) Before the Airport Director issues a monthly or occasional use courtesy vehicle permit decal, he may choose to visually inspect the vehicle for exterior and interior damage. If he determines that the vehicle does not meet the standards set forth in Section 14, he may refuse to issue the permit and may remove the current permit decal. The vehicle is thereafter barred from the Airport until repairs to the vehicle are made sufficient to bring it up to the standards of Section 14. Further, if at any time the Airport Director reasonably believes that the vehicle is mechanically unsound, he may require the vehicle to be inspected, and repairs made if 3 necessary, by a motor vehicle repair shop registered with the State Department of Agriculture and Consumer Services. The Director may remove the current permit decal and bar the vehicle from the Airport until proof of repairs is furnished to the Director or a report provided by the repair shop that the vehicle is mechanically sound. e) When a rental car is used as a courtesy vehicle for an off-site rental car agency, the provisions of section 9, paragraphs, a), c), and d) do not apply, however, the fee required in paragraph b) must be paid. Further these rental car courtesy vehicles must only use the public loading and unloading areas as described in Section 7. Section 10. - Charter Bus permits and fees a) Charter bus operators who wish to stop, stand, park, load, or pick up passengers at the Airport area reserved for buses must obtain an Airport permit from the Airport Director for that privilege. Charter bus permit applicants must fill out a charter bus permit form required by the Airport Director, provide evidence that the applicant is in compliance with state laws and any County ordinances and resolutions that apply to the applicant's operation, provide the proof of the insurance required by the Resolution, and pay the fee described in the following subsection. b) The charter bus permit fees are: (i) $25.00 per vehicle per month, due the first of each month, but payable up to fifteen (15) days in advance. Only month to month permits are available under this subsection. in advance. (ii) An occasional use permit fee of$5.00 per day, payable on the date of use or c) The charter bus permit decal must be affixed by the operator to the vehicle in the right rear window. Expired permit decals will be removed from the vehicle. d) Before the Airport Director issues a monthly or occasional use charter bus permit decal he may choose to visually inspect the vehicle for exterior and interior damage. Ifhe determines that the vehicle does not meet the standards set forth in Section 14, he may refuse to issue the permit and may remove the current permit decal. The vehicle is thereafter barred from the Airport until repairs are made to the vehicle sufficient to bring it up to the standards of section 14. Further, if at anytime the Airport Director reasonably believes that the vehicle is mechanically unsound, he may require the vehicle to be inspected, and repairs made if necessary, by a motor vehicle repair shop registered with the State Department of Agriculture and Consumer Services. The Director may remove the current permit decal and bar the vehicle from the Airport until proof of repairs is furnished to the Director or a report provided by the repair shop that he vehicle is mechanically sound. Section 11. - Taxi and vehicle for hire permits and fees a) Taxi and vehicle for hire operators who wish to stop, stand, park, load, pick up and solicit passengers at the Airport must obtain an Airport permit from the Airport Director for that privilege. Taxi and vehicle for hire permit applicants must fill out the taxi/vehicle for hire permit form required by the Airport Director, provide evidence that the applicant is in compliance with state laws and any County ordinances and resolutions that apply 4 to the applicant' s operation, provide the proof of the insurance required by the Resolution, and pay the fee described in the following subsection. b) The taxi and vehicle for hire permit fees are: (i) $25.00 per vehicle per month, due the first of each month, but payable up to fifteen (15) days in advance. Only month to month permits are available under this subsection. (ii) An occasional use permit fee of$5.00 per day, payable on the date of use or in advance. c) The taxi/vehicle for hire permit decal must be affixed by the operator to the vehicle in the right rear window. Expired permit decals will be removed from the vehicle. d) Before the Airport Director issues a monthly or occasional use taxi/vehicle for hire permit decal he may choose to visually inspect the vehicle for exterior and interior damage. Ifhe determines that the vehicle does not meet the standards set forth in Section 14, he may refuse to issue the permit and may remove the current permit decal. The vehicle is thereafter barred from the Airport until repairs are made to the vehicle sufficient to bring it up to the standards of Section 14. Further, if at any time the Airport Director reasonably believes that the vehicle is mechanically unsound, he may require the vehicle to be inspected, and repairs made if necessary, by a motor vehicle repair shop registered with the State Department of Agriculture and Consumer Services. The Director may remove the current permit decal and bar the vehicle from the Airport until proof of repairs is furnished to the Director or a report provided by the repair shop that the vehicle is mechanically sound. Section 12. All permit fees charged under this Resolution do not include any state sales or use tax. That tax, if applicable, is the responsibility of, and chargeable to, the operator. Section 13. - Insurance a) Taxis, vehicles for hire, courtesy vehicles, or chartered buses operating under an Airport Permit, must obtain the insurance described in Exhibit B before beginning operation at the Airport. b) All taxis and vehicles for hire, regardless of how their operators choose to denominate the vehicles, must obtain taxi class insurance. Section 14. - Standards of conduct and o..peration a) Drivers of all vehicles operating under an Airport permit must: ( i) be clean and appropriately attired; (ii) wear a shirt that has either the company logo or an attached company identification badge; and (iii) wear shoes. 5 . b) Taxis and non-rental car courtesy vehicles operating under an Airport permit must display a permanently affixed company name or operation logo in a professional business graphic design. c) All vehicles operating under an Airport permit must: (i) have factory installed lights in proper operating condition; (ii) have factory installed safety equipment (seat belts, shoulder harnesses and air bags) in proper operating condition; (iii) maintain all vehicle body panels or parts in the originally intended design condition, including the repair or replacement of any dented areas that distort the design shape and the elimination of any areas of corrosion larger than nine square inches; and (iv) otherwise be safe and mechanically sound. d) All unattended vehicles left in the areas reserved for courtesy vehicles, buses, taxis, vehicles for hire, or delivery vehicles may be towed and impounded at the order of the Airport Director. e) The interference by an operator with the conduct of business of any other operator is prohibited. Violation of this subsection may result in the operator being barred from the Airport, and may include a trespass warning and subsequent arrest and prosecution for that criminal offense. Section 15. - Parkin~ prohibitions No person may stop, stand or park a vehicle in an area of the Airport where that is shown as prohibited on Exhibit A. No person may stop, stand or park a vehicle in an area of the Airport depicted on Exhibit A where that vehicle exceeds the allotted time allowed or is not authorized to stop, stand or park either because of the vehicle's type or because the vehicle has no permit. When an on-site rental car agency customer chooses to park a rental car in a prohibited area, for the purpose of returning the rental car to the agency, the vehicle will not be considered to be in violation of the provisions of this resolution, as long as the rental car agency removes the vehicle from the prohibited area immediately after the completion of the turn-in transaction. Section 16. Violations and Penalties. a) The Airport Director may impose the following penalties for violations of the terms of this Resolution by operators with permits issued under the Resolution. i) A lapse, or reduction in, insurance coverage for any vehicle required to be insured under Section 13 and Exhibit B authorizes the operator of that vehicle to be barred from picking up or loading passengers at the Airport until the insurance is restored. This prohibition on Airport service extends to all the operator's vehicles and not just those with the lapsed or reduced insurance coverage. 6 ii) For the first violation of this Resolution, other than an insurance lapse/ reduction, by an operator with a permit granted under this Resolution, in a consecutive 12 month period, authorizes the imposition of a $100 penalty, payable to the Airport fund. iii) For the second violation of this Resolution, other than an insurance lapse/ reduction, by an operator with a permit granted under this Resolution, in a consecutive 12 month period, authorizes the imposition ofa $100 penalty and the suspension of the operator's Airport access for all his vehicles for a period of seven days. If the suspension is because a vehicle did not comply with Section 14, the vehicle may be denied Airport access until the violation is corrected. iv) For the third violation of this Resolution, other than an insurance lapse/reduction, by an operator with a permit granted under this Resolution, in a consecutive 12 month period, authorizes the imposition of a $100 penalty and the suspension of the operator's Airport access for all his vehicles for a period of 30 calendar days and the forfeiture of the permit fees for the month in which the violation occurred. If the suspension or revocation is based on the failure of a vehicle to comply with Section 14, the vehicle may be denied Airport access until the violation is corrected. All decisions made by the Airport Director under this section must be in writing and delivered to the operator before they become effective. b) The Airport Director's decision to impose a fine or deny Airport access may be appealed by the operator to the County Administrator by filing a request for a hearing with the County Administrator's Office within five (5) days of the operator's receipt of the Director's written decision. The County Administrator or his designee (who may not be anyone employed in the Airport Director's department or division) must conduct the hearing within 21 days of the County Administrator's receipt of the hearing request. The hearing must be informally conducted. The operator and the Airport Director may offer such evidence as they deem necessary to support their respective positions although the County Administrator (or designee) need not entertain immaterial, irrelevant or repetitious evidence. All other evidence of a type commonly relied on by reasonably prudent persons in the conduct of their affairs may be entertained. The County Administrator (or designee) must, in writing, affirm, reverse or modify the Airport Director's decision within ten (10) days after the hearing. The County Administrator's (or designee's) decision is the final administrative action of the County. Section 17. - Additional penalties In addition to any penalties provided elsewhere in this Resolution or County ordinances, any violation of this Resolution may be prosecuted as a misdemeanor of the second degree, punishable as provided in Sees. 775.082 or 775.03, Fla.Stat. Violations of this Resolution may also be prosecuted pursuant to the citation procedure of Chapter 162, Part II, Florida Statues. 7 Section 18. - Severability If any section, subsection, sentence, clause, item, or provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity. Section 19. - Inconsistency All Resolutions or parts of a Resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 20. - Effective date This Resolution will take effect after 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 the Board held on the 17th day of September , 1997. Mayor Douglass yes Mayor Pro Tern London yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST:D~L.KOLHAGE,CLERK BY ~C. ~~ Deputy Clerk 8 8 . . . I . , . . ~ . . . .~. , ::: J . .... : .. ' , ' ... . , . :- . : ! . : ',' ::: ::: :;: . :::, . :.:.... : .:. I:: ~ .:.- " . ii:" , :::. k " . .: . ;: ~' " " :: ........ :r :=::t ::~ :i II; ,: ~ .' " 1l :' " I: :i :: i: .' " :i i~ .' .i \~ ~t .' :~ " " :: .' " .' " .' .' .' .' .' .' .' " " " " .' " " " .' .' .' .' .;: .' .' .' .' :: .' " :: .' " .' " " .' " .' " :' .' .' " " ~: " .' .' .':: , i l . . : i I . . j .:i ; . : . . . . . . . . . . . . ! .r : . i . ..... :vi :::) E : ,~;~:::~::" .r if '-: .' ' " . ~~ : ::. . -,' . :1; .' " " .' a: .' " " .' " :! '. :: i: .' .' " " \~ .' .' " " " .' .' ~: " I: .~ t: 1l , . .. ,. ,. ., " " .. .. ,. .. o. " .. o. .. .. ,. ,. ., .. ., ., .. .. 1996 Edition VEHICLE LIABILITY INSURANCE REQillREMENTS FOR - GROUND TRANSPORTATION RESOLUTION MARATHON AIRPORT Recognizing that the Resolution authorizes the use certain vehicies at the Airport, the Operator, as defined in the Resolution, shall obtain Vehicle Liability Insurance as outlined below. . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Modified by Risk Management 5/7/97 VL2 Administration Instruction #4709.2 82 EXHI BIT 8