Resolution 122-1995
Community Services
RESOLUTION NO
122 -1995
A RESOLUTION PROVIDING FOR THE REGULATION OF PARKING, TAXIS,
LIMOUSINES, COURTESY VEHICLES, BUSES, OTHER PASSENGER VEHICLES
FOR HIRE, AT THE MARATHON AIRPORT; PROVIDING DEFINITIONS;
PROVIDING FOR PERMITS AND FEES FOR THOSE PERMITS; PROVIDING
FOR PENALTIES: AND PROVIDING FOR AN EFFECTIVE DATE.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERs::OE.MO~OE r=
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Section 1.
Definitions.
b)
Courtesy vehicle means a vehicle carrying
passengers
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a)
Airport means the Marathon Airport.
reservations at a hotel, motel, resort facility, marina, or off-site car rental company,
to that hotel, motel, resort facility, marina, or off-site car rental company, without a
fee charged directly to the passenger.
c) Taxi means a sedan, or van with a capacity of ten passengers or less,
that:
i) is held open at the Airport for hire by any member of the
general public;
ii) does not follow any fixed routes; and
iii) charges passengers a fee based on the time or distance
traveled.
d) Limousine means a sedan, or a van with a capacity of ten passengers
or less, that transports persons for a fee and is not open for hire at the Airport to any
member of the general public but only to those persons who contacted the
operator before their arrival and arranged for transportation.
e) Bus means a vehicle that has a capacity of more than ten passengers
and is used for the transportation of persons for a fee.
f) Operator means the owner or the driver of a taxi, courtesy vehicle,
limousine or bus.
g) 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 the operator to
customers picked up at the airport for an in connection with the rental of a motor
vehicle regardless of where the payment is made or where the vehicle is returned.
h) Solicit or solicitation means asking a person if he or she desires
transportation by vehicle.
Section 2.
Exhibits. Exhibit A is a map depicting the various parking and no
parking areas at the Airport. Exhibit B contains the insurance requirements for various
categories and 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 3. Taxis. Only the operator(s) of taxi(s) with a lease or license
agreement with Monroe County may stop, stand, park, or load or pick up or unload
or solicit passengers, at the Airport area reserved for taxis as shown on Exhibit A. The
use of the area reserved for taxis by anyone other than the taxi operator(s) described
in this section is prohibited.
2
Limousines and Courtesy Vehicles. Only the operator(s) of
Section 4.
Iimousine(s) with a lease or license agreement with Monroe County for Airport service
or the operator(s) of courtesy vehicle(s) with a current Monroe County permit issued
under this Resolution, may stop, stand, park or load or unload or pick up passengers,
at the Airport area reserved for limousines and courtesy vehicles as shown on Exhibit
A. The use of the area reserved for limousine lessee(s) or Iicensee(s) and courtesy
vehicle permittees by anyone other than the operator(s) described in this section is
prohibited. Limousines without a Monroe County lease or license and courtesy
vehicles without a permit, are prohibited from picking up or loading passengers
anywhere at the Airport. The driver of a limousine or courtesy vehicle operating
under this section must provide the Airport manager (or his designee) with the names
of passengers with reservations or other information reasonably necessary to
determine compliance with this Resolution.
Section 5.
Buses. Only the operator(s) of busIes) may stop, stand, park or
pick up or unload passengers at the Airport area reserved for buses as shown on
Exhibit A. The use of the area reserved for buses by anyone other than bus operators
is prohibited.
Section 6. Restrictions on solicitation. The solicitation of persons at the
Airport by anyone other than taxi operator(s) with a lease or license agreement with
Monroe County is prohibited. Taxi operator lessee(s) or Iicensee(s) may only solicit
persons in the area reserved for taxis depicted on Exhibit A. Solicitation of persons by
taxi operator(s) other than as provided by this section and section 3, is prohibited.
Section 7.
Public loading and unloadina. Members of the public may only
load, pick up and unload passengers at the Airport areas reserved for general
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loading and unloading as shown on Exhibit A. The use of the general unloading area
by anyone other than a member of the public or the operators described in section 8
is prohibited. The use of the general loading area by anyone other than a member
of the public is prohibited.
Section 8.
operators of:
a) taxis without a Monroe County lease or license,
b) limousines without a Monroe County lease or license,
Unlicensed and unpermitted operators unloadina.
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c) Courtesy vehicles without a Monroe County 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, or load or
pick up passengers, at the Airport area reserved for courtesy vehicles and limousines
must obtain a County permit for that privilege. Courtesy vehicle permit applicants
must fill out a courtesy vehicle registration form, provide evidence that the applicant
is in compliance with state laws and County ordinances that apply to the applicant's
operation, provide proof of the insurance as required in section 13, and pay the fee(s)
described in the following subsection.
b) The courtesy vehicle permit fees are:
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i) Courtesy vehicles, except for rental car courtesy vehicles, $100
per month per vehicle, payable in advance. Only month to month permits
are available under this subsection 9(b) (i).
ii) 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.
Section 10. All permits 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 11. Insurance. Taxis operating under a lease or license, limousines
operating under a lease or license, and permitted courtesy vehicles, must obtain the
insurance described in Exhibit B before beginning operation at the Airport.
Section 12. Standards of conduct and operation.
a) Drivers of all vehicles operating under a lease, license or 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 or sandals bound securely to the feet.
b) Non-rental car courtesy vehicles operating under a permit must display
a permanently affixed company name or operation logo in a professional business
graphic design.
c) The owner of any vehicles operating under a lease, license or permit.
must provide the County with an inspection certificate every six months certifying that
his vehicles are in a safe mechanical condition.
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d) Vehicles operating under a lease, license or 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; and
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.
Section 13. Violations and penalties.
a) The Airport Manager may impose the following penalties for violations
of the terms of this Resolution by operators with leases, licenses or permits issued
under the Resolution.
i) A lapse, or reduction in, insurance coverage for any vehicle
required to be insured under Section 11 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.
ii) For the first violation of this Resolution, other than an insurance
lapse/reduction, by an operator with a lease, license or 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 lease, license or permit
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granted under this Resolution, in a consecutive 12 month period, authorizes the
suspension of the operator's Airport access for all his vehicles for a period of
three days. If the suspension is because a vehicle did not comply with Section
12, 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 lease, license or permit granted under
this Resolution, in a consecutive 12 month period, authorizes the suspension of
the operator's Airport access for the month in which the violation occurred or
the revocation of the operator's permits 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 13, the vehicle may
be denied Airport access until the violation is corrected.
All decisions made by the Airport Manager under this section must be in
writing and delivered to the operator before they become effective.
b) The Airport Manager'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 days of the operator's
receipt of the Manager's written decision. The County Administrator or his designee
(who may not be anyone employed in the Airport Manager'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 Manager 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
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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 Manager's decision within 10 days after the hearing. The
County Administrator's (or designee's) decision is the final administrative action of the
County.
Section 14.' Parkina prohibitions.
No person may stop, stand or park a vehicle in any 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 is not authorized to
stop, stand or park either because of the vehicle's type or because the vehicle has
no lease, license or permit.
Section 15. Additional penalties.
In addition to any penalties provided elsewhere in this Resolution or County
ordinances, any violation of this Resolution may also be prosecuted as a
misdemeanor of the second degree, punishable as provided in Secs. 775.082 or
775.03, Fla. Stat.
Section 16. 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 said Board held on the 15th day of
March
, AD, 1995.
Mayor Freeman
Mayor Pro T em London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
absent
yes
not present
yes
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
B~(}~
Deputy Clerk
EFFECTIVE DATE
jresair
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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COK~~rY of ~Lge~A~~oE
(305) 294-4641
James J. Shimkus
Manager, Marathon Airport
9400 Overseas Highway
Marathon, Fl 33050
Tel: 305-289-6060
May 8, 1995
Mr. Danny Kolhage
Clerk of The Court
500 Whitehead Street
Key West, Fl 33040
Dear Sir:
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
This letter is to certify that a copy of Monroe County
Resolution No 122-1995, has been posted for four consecutive
weeks inside the Marathon Airport Terminal. The document was
posted on a wall by the main exit door from the baggage claim
lobby, on April 7, 1995.
My office also sent copies of the resolution to the County
Courthouse in both Marathon and Plantation Key. Included were
instructions to post in accordance with the provisions of
section 16 of the resolution.
Sincerely,
~s
Manager, Marathon Airport
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Exhibit 'B '
April 22. 199.1
ISll'rinling
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
'-
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· D1anket Contractual Liability "
· PersonaJ.Injury Liability. . ,
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
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$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or afler the eflective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shaH be named as Additional Insured on all
policies issued to satisfy the above requirements,
Adnlini~livc 1~1ru<.1ion
H470?1
GLI
54
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
8E'lWEEN
MONROE COUNTY, FLORIDA
AND
April 22. 19')]
ISll'rinling
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
pllor to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
....p.;.
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
I f 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.
Administrative In'<tn<<.1ion
"470'),1
VL2
76
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April 22. I9'JJ
Il<tl'rin'inl:
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
'"
CONTRAcr
BETWEEN
MONROE COUNTY, FLORII)A
AND
Prior to the commencement of work governed by this contract, the Contractor shall ohtain
Workers' Compensation Insurance with limits suflicient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employer.c;' Liability Insurance with limits of not less than:
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$100,000 Bodily Injury by Accident
$500,000 130diiy Injury by Disease, policy limits
$100,000 llodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of .Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
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Ifthe Conlraclor participates in a self-insurance fund, a Certificate oflnsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
......
Administrative ~1ion
114709.1
WCI
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