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Resolution 257-1993 Community Services RESOLUTION NO. 257 -1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 405-1990 IN ORDER TO PROVIDE NONRENTAL CAR COURTESY VEHICLE PERMITS SHALL BE $200 PER MONTH PER OPERATOR AND AVAILABLE ON A MONTHLY BASIS ONLY; PROVIDING THAT TAXICAB AND LIMOSINE PERMIT FEES SHALL BE $100 PER MONTH PER VEHICLE AND AVAILABLE ON A MONTHLY BASIS ONLY; PROVIDING FOR DESIGNATED PARKING AND LOADING SPACES FOR FIVE 6'S CAB CO., MAXI-TAXI CAB CO., FRIENDLY CABS OF KEY WEST, INDEPENDENT CAB OPERATORS AND COURTESY VEHICLES; ALLOWING ISLAND COACHES TO CONTINUE TO OPERATE IN THE SAME MANNER AS IT DID ON AND BEFORE MAY 17, 1993; PROVIDING FOR THE IMPOSITION OF A $100 PENALTY AND SUSPENSION OF AIRPORT ACCESS FOR DRIVERS WHO VIOLATE THE TERMS OF THIS RESOLUTION CONCERNING AIRPORT SERVICE AND PROVIDING FOR A $100 FINE OR THE SUSPENSION OR REVOCATION OF AN OPERATOR'S VEHICLE PERMITS FOR VIOLATIONS OF THIS RESOLUTION BY THE OPERATOR'S VEHICLES; PROVIDING FOR A PENALTY, SUSPENSION AND REVOCATION PROCEDURE; AND PROVJ_DING AN. -q EFFECTIVE DATE. ,~. ~~- Pl :::'1 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONE~S OF --' v, Section 1. Section 3(d) of Resolution No. , -"\ 405-1 ~~O is; :-~'J '-0 t~J 'J "1 MONROE COUNTY, FLORIDA: 1..(:.l hereby amended to read as follows: (d) No person shall furnish airport courtesy vehicle service without first obtaining a permit therefor. All persons desiring to furnish courtesy vehicle airport service to the airport shall execute a courtesy vehicle registration form, provide evidence of compliance with all state laws and county ordinances applicable to its operation, supply a certificate of insurance, obtain a courtesy 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 additional certificates in the event of changes in such insurance. Upon the expiration of courtesy vehicle permits issued under the prior version of this section, the non-rental car courtesy vehicle permit fee shall be $200 per vehicle per month due on the first day of each month. This permit may only be purchased on a monthly basis. 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 or revoked or drivers suspended from providing airport service until after the suspension(s) or revocation(s) expire. Section 2. Section 3(e) of Resolution No. 405-1990 is hereby repealed. 2 Section 3. Section 4(c) of Resolution No. 405-1990 is hereby amended to read as follows: (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 operation, 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 Automo- bile 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. Upon the expiration of taxicab and limousine permits issued under the prior version of this section, the taxicab and limousine permit fee shall be $100 per vehicle per month and due on the first day of each 3 month. The permit may only be purchased on a monthly basis. The airport director shall prepare decals or stickers to be affixed to each cab or limousine to indicate that the permit fee for that vehicle has been paid for that month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to comply with any other applicable requirement of this resolution or state law, then the offending vehicle shall not provide any passenger service at the airport until the permit fee has been paid and, if applicable, any other violation of this resolution or state law has been corrected. Section 4. Section 4(d) of Resolution No. 405-1990 is hereby amended to read as follows: (d) Temporary permits shall be available on a daily basis according to the following schedule: Taxi and limousines. $10 per day per vehicle Vans ...... $15 per day per vehicle Buses and trolleys . $20 per day per vehicle. Vehicles issued temporary permits shall only load, unload and wait for passengers at those areas so designated on the map attached as amended Exhibit "A." Section 5. Section 5 of Resolution No. 405-1990 is hereby amended to read as follows: Section 5. Adoption of Loading, Unloading and No Parking Areas; Island Coaches to Continue Operating in its Current Manner. 4 (a) 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 attached as amended Exhibit "A" which is incorporated and made a part of these regulations. There shall be eight spaces allocated for taxicabs waiting to pick up passengers in the area immediately in front of the terminal building. The spaces shall be allocated among the various taxicab operators as follows: 2 spaces - Five 6's Cab Co.; 2 spaces - Maxi-Taxi Cab Co.; 2 spaces - Friendly Cabs of Key West; 2 spaces independent cab operators. Courtesy vehicles not actually loading or off-loading passengers shall wait in the area so designated on amended Exhibit "A." Such designated areas shall not be effective, however, until they have been properly posted or otherwise marked. (b) Anything contained elsewhere in this resolu- tion to the contrary notwithstanding, Island Coaches shall be allowed to continue to operate in the manner in which it operated prior to and on May 17, 1993, until November 17, 1993. This subparagraph shall not alter Island Coaches' obligation to pay the $200 monthly courtesy vehicle permit fee or to wait to pick up passengers in the area so designated for courtesy vehicles on amended Exhibit "A." 5 Section 6. New Section 6 of Resolution No. 405-1990 is hereby created to read as follows: Section 6. Violations. A violation of this resolution may result from either a vehicle not in compliance with the terms of this resolution providing airport service or from the failure of a driver providing airport service to comply with the terms of this resolution. The driver of the vehicle(s) shall be responsible for whatever penalty may apply when the violation involves the failure to provide airport service in compliance with the terms of this resolution and the operator shall be responsible when the violation involves the failure of a vehicle to comply with the terms of this resolution. As a condition for the grant of the privilege of providing service to the airport, and as a condition of all permits issued under this resolution, the following penalties shall apply for violations thereof: (a) For the first violation in a consecutive 12 month period, a $100 penalty. If the violation is based upon the failure of a vehicle to comply with the terms of this resolution, the offending vehicle shall also not be allowed airport access until the violation is corrected. Penalties collected shall be deposited in the airport fund and may be used for any lawful airport purpose. (b) For the second violation in a consecutive 12 month period, the driver's airport service privilege or 6 the operator's vehicle(s) shall be suspended from providing airport service for a period of three days. If the suspension is based upon the failure of a vehicle to comply with the terms of this resolution, the offending vehicle shall not be allowed airport access until the violation is corrected. (c) For the third violation in a period of 12 consecutive months, the driver's airport service privilege shall be suspended for the month in which the violation occurred or the permit(s) of the operator shall be revoked, the permit fees forfeited and the vehicles denied airport access for the month in which the violation occurred. If the revocation is based upon the failure of a vehicle to comply with the terms of this resolution, the offending vehicle shall not be allowed airport access until the violation is corrected. Section 7. Section 6 of Resolution No. 405-1990 is hereby renumbered as Section 7 and amended to read as follows: Section 7. Suspension Procedure. When the airport director has determined to fine any operator or driver or to suspend any driver or to suspend any permit or revoke any permit and forfeit the permit fees under Section 6, he shall promptly reduce his decision to writing, stating the reasons therefor, the fine amount or the commencement date and length of the suspension or revocation. A copy of the written decision shall be sent by registered mail, return 7 receipt requested, or by hand delivery, to the business address of the offending driver or operator. The driver or operator 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 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 driver or operator and the airport director may offer such evidence as they deem necessary to support their respective positions although immaterial, irrelevant 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. The driver or operator's filing of a hearing request shall operate as an auto- matic stay of the airport director's decision unless the director's decision states with particularity facts and conclusions which demonstrate that an automatic stay is necessary to prevent an immediate and irreparable threat to the public health and safety. 8 Section 8. The promulgation required by Section 8 of Resolution No. 405-1990 having been fully performed, the original section is hereby repealed. Section 7 of Resolution No. 405-1990 is hereby renumbered as Section 8. Section 9. This Resolution shall take effect after a copy has been posted at the Key West and Marathon Airports and at the County Courthouse for four consecutive weeks. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6th day of July , 1993. Mayor London Mayor Pro Tem Cheal Commissioner Freeman Commissioner Harvey Commissioner Reich yes yes ves yes yes (SEAL) Attest: DANNY L.KOLHAGE, Clerk By ika-td c. ~~ .. . Deputy Cler~ a1r1tax1 BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FLORIDA 9 .. ., ;~,~. j,; I; . . ,': ;.. ; ----:--J \g) .. t I j G I \ ,& '11 r: , . . , -t- -a' , \ \ ~ , \ ~ :r> , -" I , "- -- ~ .~~~~~~ (- - !1' , " ....................."~ _.......~~~...~~~~~~~~~~ , eo. ...."" I .' f I"