HomeMy WebLinkAboutR92-008 adopting rules/regs for ground transportation at airportCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 6S ADOPTING RULES AND REGULATIONS FOR GROUND TRANSPORTATION AT THE EAGLE COUNTY REGIONAL AIRPORT WHEREAS, C.R.S. 30 -11 -107 (1)(j), and C.R.S. 41 -4 -106, grant the power and jurisdiction to the Eagle County Board of Commissioners (hereinafter "the County ") to regulate the receipt, deposit, and removal and the embarkation of passengers or property to or from the Eagle County Regional Airport; and to exact and require charges, fees, and tolls; and to lease or assign for operation such space or area, appurtenances, appliances or other conveniences necessary or useful in connection therewith; and to provide rules and regulations governing the use of such airport and facilities and the use of other property and means of transportation within or over the Airport; and WHEREAS, the Board previously adopted on October 4, 1982, "Re- Established Rules and Regulations Governing the Operation of the Eagle County Airport" (hereinafter "Rules and Regulations "), amending said Rules and Regulations by Resolution No. 89 -52; and WHEREAS, the Eagle County Regional Airport continues to attract a volume of traffic that requires supervision, regulation and control to insure the best interests of the County, its citizens, and the beneficiaries of the Airport facilities; and WHEREAS, the Board desires to further amend the Rules and Regulations to provide for the orderly and equitable operation of ground transportation at the Airport, finding as follows: 1. The costs born by the County for construction and operation of the Eagle County Regional Airport are significant. 2. The fees and revenues contemplated within the regulations are reasonable, they do not unduly burden business, and they do not constitute a special tax. 3. The assessment of revenue to be collected from Off - Airport Rental Car Agencies constitutes an access fee which is necessary in order to allow the Airport to be self - supporting. 4. Off - Airport Rental Car Agencies use the airport for economic benefit and are thereby obligated to pay their fair share towards the general operation of the Airport. 5. The County has an interest in protecting existing and future revenues from On -site Rental Car Providers and to deter the relocation of on -site companies due to unfair competitive advantages. WHEREAS, on December 23, 1991, January 6 and January 13, 1992, the Board conducted work sessions and received public comment on the proposed ground transportation rules and regulations, notice of the initial work session having been published in several newspapers of general circulation within the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Rules and Regulations be and are hereby amended to include the adoption of the "Ground Transportation Rules and Regulations" attached hereto and incorporated herein by this reference. THAT, the entirety of the Rules and Regulations, as amended, is hereby readopted. THAT, should any section, clause, provision, sentence or work of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, the "Ground Transportation Rules and Regulations" shall be effective as of January 20, 1992. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. :W= � COUNTY By and COMM' By: 5 t C i MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the dg7 day of January, 1992. ounty Commissioners OF EAGLE, STATE OF COLORADO, Through Its BOARD OF COUNTY Donald V Commissioner Commissioner -tl) seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch ay,� This Resolution passed by I,tZ&j�j vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 1 -A -7 -3- Georg A. Ga es, Commissioner b C /` EAGLE COUNTY REGIONAL AIRPORT Ground Transportation Rules and Regulations The following rules and regulations apply to all owners and drivers of all taxicabs, vans, limousines, buses, courtesy vans, and Off - Airport Rental Car Agencies providing passenger pickup service to the Eagle County Regional Airport. These Rules and Regulations supplement the Airport regulations found in Eagle County Board of Commissioners Resolution Nos. 89 -52 and 82 -87. Section I. Definitions Airport Eagle County Regional Airport. Bus A vehicle providing ground transportation for a fee with a seating capacity of at least 21 persons, including the driver. Courtesy Van A vehicle providing ground transportation to its guests or customers as a courtesy service only, not for hire. Limousine /Van A vehicle providing ground transportation for a fee with a seating capacity of 9 to 20 persons, including driver. Off - Airport Rental Car Agencies All persons, firms, agencies, or companies providing rental car services to passengers arriving at the Eagle County Airport from locations based outside the Airport. Taxicab A vehicle providing ground transportation with a seating capacity of 8 or less persons including the driver. Section II. Permits 1. Owners and drivers of all taxicabs, vans, limousines, buses, courtesy vans, and Off - Airport Rental Car Agencies providing passenger pickup service to the Eagle County Regional Airport (hereinafter "Owners and Drivers ") shall strictly comply with all Federal, State and County laws and regulations and the written and verbal directives thereunder. 2. Each Owner and Driver shall obtain a permit from the Airport Manager which allows operation at the Eagle County Regional Airport. (Owners and Drivers with a valid permit are herein- after " Permitees.") All information as may be required on the application for a permit shall be submitted prior to issuance of the permit and shall be updated as changes occur. 3. Each Permittee shall file and keep current with the Airport Manager a list of drivers' names, dates of birth and current Colorado Driver's license numbers and any other information required under the application process. All drivers must have and carry a current, valid Colorado license for his /her class of operation. 4. All vehicles operated by Permittee for passenger conveyance must have current complying PUC and /or ICC inspections and markings. A current copy of a certificate of authority shall be kept on file with the Airport Manager. 5. Non - profit churches, schools, agencies or political subdivi- sions of the State of Colorado and agencies or military ser- vices of the United States shall be exempt from this permitting process but must otherwise comply with these regulations. 6. Insurance Permittee shall maintain a comprehensive general liability insurance policy and automobile insurance coverage with limits not less than $150,000 per person, $400,000 per occurrence and $150,000 property damage. Eagle County and Vail /Beaver Creek Jet Center, Inc. (hereinafter " VBCJC"), the Fixed Base Operator at the Airport, shall both be endorsed on said policy as additional insureds. Permittee shall furnish a certificate to the County and to VBCJC, prior to commencing operations, evidencing that said insurance is in full force and effect during the term of the permit. The County and VBCJC shall be notified in writing by the insurer as least ten days prior to any cancellation of said policy. Permittee shall maintain the statutorily required workman's compensation insurance coverage on all employees. 7. Indemnification Permittee shall execute a written indemnifica- tion agreement. Permittee shall indemnify, defend and save the County and VBCJC, their respective agents, officers, represen- tatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney's fees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of Permittee, its agents, employees or servants or through any injury or casualty occurring on the Airport as a result of said acts. -2- 8. A valid permit must be displayed in the front passenger window of each registered vehicle. 9. The Board of County Commissioners may from time to time dele- gate authority to the Airport Manager to act on its behalf in administering the Airport, regulating the use of the facilities and services of the Airport, determining and collecting use charges therefor, and in carrying out such other duties and responsibilities as may be determined. 10. The permit year shall run from December 1 through November 30. Section III. Ground Transportation Fees 1. Each person, firm or agency providing ground transportation to and /or from the Eagle County Regional Airport shall pay an annual fee of $100 to maintain a file. 2. All persons, firms or agencies providing ground transportation to and /or from the Eagle County Regional Airport shall pay annual permit fees as follows: Bus $ 150.00 per vehicle Van /Limousine 1 - 10 vehicles 10 - 25 vehicles 26 + vehicles $ 125.00 per vehicle 75.00 per vehicle 25.00 per vehicle Taxicab 1 - 10 vehicles 11 + vehicles Courtesy Van $ 50.00 per vehicle 25.00 per vehicle No per- vehicle charge A fifty - percent reduction in the fees will be given to annual permits issued after the first day of June. A daily fee may be charged to those transportation providers who do not wish to acquire an annual permit, and who serve the Airport on an "on- call" basis, and who provide passenger pickup service to the Airport less than ten days per year. The daily fees are as follows: Bus $ 20.00 per vehicle Van /Limousine $ 15.00 per vehicle Taxicab $ 7.50 per vehicle Courtesy Van $ 5.00 per vehicle -3- 3. Off - Airport Rental Car Agency shall pay to the Airport County six percent (6%) of all gross revenues derived by said Off- Airport Rental Car Agency from the rental of vehicles to customers picked up by said Off- Airport Rental Car Agency from any point within the Airport. For purposes of this sub- paragraph, gross revenues shall mean all amounts received by the Off- Airport Rental Car Agency, or which the Off- Airport Rental Car Agency is entitled to receive for the rental and servicing of vehicles, to any person picked up by the Off - Airport Rental Car Agency from any point on the Airport, including but not limited to the Airport Terminal Building, any premises leased by the Airport to a third party doing business on the Airport, or from any other location within the Airport. Off- Airport Rental Car Agencies shall not be required to pay additional permit fees for courtesy vans which they operate. The Airport Manager shall adopt a procedure for collecting said amount on a monthly basis. Payment of said amount shall be a prerequisite to car rental companies' having continued access to the Airport. Section IV. Driver /Employee Conduct 1. Drivers shall remain in their vehicles at all times, except: a. when eating, or using terminal bathroom or telephone facilities (and thereafter shall promptly return to his /her vehicle without lingering in the terminal or in front of the terminal) b. when assisting curbside loading and unloading of passen- gers and their baggage; or C. when picking up delayed baggage. 2. No driver or employee of any ground transportation company may porter passenger baggage unless curbside porter service is not reasonably available; and the passenger has, without solicita- tion from the driver, so requested such assistance, and leaving an unattended vehicle for this purpose would not cause or aggravate traffic congestion; or the driver or employee is claiming and delivering delayed baggage under contract. 3. Solicitation of ground transportation services is strictly prohibited, except that reasonable and professional solicita- tion shall be allowed in Areas 2 and 3, as identified on Exhibit A. A driver is restricted to solicitations in that Area in which he /she is allowed to park under these regula- tions. Whistling, hawking, and light - flashing are deemed unprofessional solicitation. Any solicitation made by adver- tisement attached to a vehicle is specifically allowed. -4- 4. Fights, foul language, gestures, threats, threatening displays or any loud or rude displays are prohibited. 5. Horseplay, games and contests are prohibited. 6. Use or possession of alcoholic beverages or controlled sub- stances is prohibited by drivers and employees while on duty, and while in or around Company vehicles on the Airport. Consumption of alcoholic beverages within the terminal is prohibited except on the premises of the Airport food and beverage vendor. 7. Drivers must be clean, and neatly attired and groomed. 8. If a driver disagrees with a directive, he /she shall be obli- gated to comply immediately with the directive, but may there- after file a protest with the Airport Manager. The protest will be resolved at the earliest possible time by the Airport Manager. Section V. Traffic Regulations for the Terminal Area Regulations within in this sections shall apply to the operation and parking of all motor vehicles. 1. All vehicles shall be operated from only those areas specific- ally marked, and permitted for passenger unloading, staging, stacking (queueing) and loading as identified on the sketch map of the Fixed Base Operator /Terminal facilities attached hereto as Exhibit A. 2. Shaded areas on the map, including the terminal area, are owned and controlled by VBCJC, the Fixed Base Operator at the Airport. Commercial operations in those areas is limited to Passenger pickup and drop -off in the area immediately in front of the terminal doors, except by separate arrangement with VBCJC. 3. Passenger drop -off Referring to Exhibit A, all departing pas- sengers in commercial vehicles must be delivered in front of the Terminal in the Areas marked Areas 1, 2 and 3 on the Exhibit A. The term "departing passenger" identifies a pas- senger who is involved in departing the Airport in a commercial airline aircraft. Parking (unattended vehicles) is not per- mitted in these areas. Attended vehicles (operative vehicles with a licensed driver inside) in Area 1 are limited to the time required to unload passengers and baggage. No stopping and waiting is allowed in Area 1. -5- 4. Taxicabs, limousines, buses, vans, and courtesy vans operating on the Eagle County Regional Airport and which are waiting to pick up arriving passengers shall park in the area identified as Area 3 on Exhibit A except by separate agreement with VBCJC. 5. Drivers waiting for passengers who have made pre- arranged reservations for services shall arrange to meet said passengers in the baggage claim area. Drivers with pre- arranged reserva- tions shall leave their vehicle parked in Area 3 until such time as all passengers and luggage are ready for loading and may then pull their vehicles to the loading area in front of the terminal. 6. Drivers who are available for hire, without pre - arranged reser- vations, shall remain with their vehicle in the area so desig- nated Area 3 until such time as they receive and accept a specific request for service. When passengers and luggage are ready for loading, drivers may pull their vehicles to the loading area in front of the terminal. Solicitation for services within the passenger terminal, baggage claim area, and -- assenger unloading areas is prohibited, except under arrange - .ent with the VBCJC. 7. All ground transportation vehicles must be at all times clean (internal and external), sanitary and free from trash and debris. 8. Taxicabs and limousines shall arrange themselves, in respective groups, in order of arrival at the Airport. The first in line is entitled to the first fare seeking that type of transporta- tion. If for any reason a vehicle leaves its place in line, it loses such place and must return to the end of the line. 9. All drivers shall comply with all traffic control and parking signage. Unless otherwise marked, the speed limit on the Airport is 20 m.p.h. Section VI. Penalties 1. Owners and /or drivers violating any of the Airport Rules and Regulations or these Airport Ground Transportation Rules and Regulations will be subject to criminal or traffic prosecution or civil penalties as provided by other Colorado law, in addition to any penalties herein.. Penalties imposed under these Airport Regulations will be cumulative for repeat offen- ses and every driver offense will also be recorded as a parent company violation. Any driver or company has the right to request a hearing by the Airport Hearing Officer. 9M. e $ t Y t � . ✓' 2. Permits may be suspended for multiple infractions or for viola- tions considered especially serious, including but not limited to as follows: a. Commission of a violent act against another person or active participation in a violent incident on the Airport. b. Conviction under the Colorado Criminal code of misdemeanor or felony status for conduct taking place on the Airport. C. Conviction or guilty plea on a charge of careless or reckless driving on the Airport. d. Driving a taxicab, limousine, bus or courtesy van while under the influence of alcohol or drugs, or driving the same while ability is impaired by alcohol or drugs on the Airport. e. Operation of vehicles without proper PUC and /or ICC markings, without current PUC and /or ICC inspections or in an unsafe condition on the Airport. f. Violating PUC or ICC regulations with respect to fare and meter displays. g. Failing to pay fees to County. h. Damaging property, equipment, improvements or facilities on the Airport owned by any person. i. Pickup of passengers at other than permitted loading zones on the Airport. j. Behavior indicating disregard of life, health or safety of persons on the Airport. 3. A formal charge of violation of Airport Regulations or these regulations will be commenced by the issuance of a County Court summons for violations of traffic regulations or certain criminal violations, and /or a Notice of Violation, Order to Show cause and Notice of Hearing for non - compliance with violations of Airport Rules and Regulations. Charges of the state or federal criminal statutes may be commenced by arrest. 4. The Airport Hearing Officer shall be the Eagle County Manager, his designee or in the absence of such person, such other person as is appointed by the Board of Eagle County Commissioners. air /ground.reg #1 -A -7 -7- u�r�� zodsusas punozo - 4.1 K lISIFIxa IF ivmrriu ai . ................ 0 Fr o, a 8 d N Ltl MAW n . 2 Z O 9 3 z O r g w 0 N D O V) I C9 Z Y Q CL