Loading...
HomeMy WebLinkAboutR06-005 approving modification of Section 16 of Airport Rules and Regulations Commissioner <SION ( moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006-..Qb_5 RESOLUTION APPROVING MODIF~CATION OF SECTION 16 - SUSPENSION AND REVOCATION OF THE EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION WHEREAS, C.RS. 9930-11-107(1)(j) and 41-4-106 grant the power and jurisdiction to the Eagle County Board of Commissioners (hereinafter, "the Board") 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 oftransportation within or over the Airport; and to exercise such powers as may be required or consistent in the promotion of aeronautics and the furtherance of commerce and navigation by air; and WHEREAS, the Board previously adopted on October 4, 1992, by Resolution No. 82-87, "Rules and Regulations Governing the Operation of the Eagle County Airport" hereinafter "Rules and Regulations,"), and amended said Rules and Regulations on April 24, 1989 by Resolution No. 89-52; and WHEREAS, the Board further amended the Rules and Regulations by adopting specific Ground Transportation Rules and Regulations on January 15, 1992 by Resolution No. 92-08; WHEREAS, the Board further amended and restated the Ground Transportation Rules and Regulations on February 11, 1997 by Resolution No. 97-12; and on February 5,2002 by Resolution No. 02-19; and WHEREAS, the Ground Transportation Rules and Regulations provide at Section 1.2 that "( t )hese Rules and Regulations may be changed at any time by action of the Board of County Commissioners.. .. " WHEREAS, the Board desires to further amend the Ground Transportation Rules and Regulations to provide the County Administrator with the authority previously granted to the Airport Manager to conduct post-suspension hearings as well as other matters as set forth in Section Sixteen - Suspension and Revocation of the Ground Transportation Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COIJORADO: THAT, Section 16 Suspension and Revocation of the Eagle County Regional Airport Rules and Regulations for Commercial Ground Transportation shall be deleted in its entirety and replaced with the amended and restated Section 16-Suspension and Revocation attached hereto as Exhibit "A" and incorporated herein by this reference. TH AT, the modifications and amendments set forth herein shall be effective as of January 24, 2006. All ground transportation providers receiving notices of suspension following said date shall be subject to the amended suspension hearing requirements set forth herein. All notices of violations received prior to this date shall remain in full force and effect. THAT, except as expressly altered, modified and changed in this modification, all terms and provisions of the Eagle County Regional Airport Rules and Regulations for Commercial Ground Transportation shall remain in full force and effect. THAT, should any section, clause, provision, sentence or word in 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 Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 24th day of January, 2006. COUNTY OF EAGLE, STATE OF COLORADO nd Through its Board of County ~ iSS~~ ~ ~ /Y' --p; 0 Peter F. Runyon, Chairman By: ToSkge, Eoner By: Am M. Menconi, Commissioner Commissioner tl-vL....-A. 4"~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon t'\'-{lt. Commissioner Tom C. Stone ALtk Commissioner Am M. Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Exhibit A Section Sixteen SUSPENSION AND REVOCATION 16.0 The Airport Manager shall have the power to suspend or revoke the operating privileges of any Commercial Operator or its drivers, employees or representatives for poor behavior or non-compliance with these Ground Transportation Rules and Regulations, provided, however, that such power of suspension and revocation may be exercised only upon the failure of the Commercial Operator or its drivers, employees or representatives to comply with and satisfy the requirements of these ground transportation regulations. 16.1 The Airport Manager may suspend operating privileges with five (5) days prior written notice to the Commercial Operator. 16.2 Notices of Violation Notices of Violation will be issued by the Airport Manager or his designee for infractions/violations of the Airport Rules and Regulations and these Ground Transportation Rules and Regulations. A copy of the Notice of Violation may be delivered to the Commercial Operator by hand delivery; via facsimile (fax); or forwarded via certified mail, federal express, or other method providing delivery confirmation. A Notice of Violation form is attached as Exhibit H. 16.3 A Person Mav be Denied Access to the Airport Notices of Violation will be cumulative. Commercial Operators receiving four (4) Written Violations during a ground transportation year (November 1 - October 31) will have their operating privileges suspended and shall be denied access to the Airport for one calendar year from date of the fourth Notice of Violation. 16.4 A Business Mav be Denied Access to the Airport Each Notice of Violation issued to a Driver/Employee or representative will also be recorded as a Commercial Operator's infraction. After cumulating four (4) Notices of Violation for any Commercial Operator, the Commercial Operator's operating privileges shall be suspended and they shall be denied access to the Airport for the conduct of Ground Transportation business for one calendar year from the date of the fourth (4th) Notice of Violation. 16.5 Notwithstanding the notice provisions hereof, when the Airport Manager has reasonable grounds to believe and finds that the public health, safety or welfare requires emergency action and incorporates such findings in his order, he may summarily suspend operating privileges pending a suspension hearing which shall be promptly instituted and determined. 16.6 Any Commercial Operator or person whose operating privileges are or may become suspended for other than a deliberate or willful violation of such requirements may demonstrate to the County Administrator or his representative, at any time prior to such suspension or after such suspension has been imposed, that such operator or person has remedied its failure to satisfy the requirements of these ground transportation regulations granted to such Commercial Operator. 16.7 If the Commercial Operator or person whose operating privileges are or may become suspended demonstrates that it has remedied its failure to satisfy the said requirements, the County Administrator or his representative may remove the suspension if it has been imposed or shall abandon the procedure to suspend the operating privileges if such suspension has not yet been imposed. 16.8 If the Commercial Operator or person whose operating privileges are or may become suspended demonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the County Administrator or his representative may, in his or her discretion, remove the suspension if such suspension has been imposed or abandon the procedure if such suspension has not yet been imposed. 16.9 Once operating privileges have been suspended they shall remain suspended for the term set forth herein unless such suspension is earlier lifted or until revocation of operating privileges occurs in accordance with the procedure set forth below. Upon suspension of operating privileges all Permit/AVI Tags assigned to the Commercial Operator, or the driver, employee or representative whose privileges have been suspended will be deactivated. 16.10 The Airport Manager may revoke operating privileges of a Commercial Operator or its drivers, employees and representatives only following five (5) days prior written notice to the Commercial Operator or its drivers, employees or representatives whose privileges are to be revoked. 16.11 Operating privileges which have been revoked may not be reinstated. Nonetheless, a Commercial Operator whose operating privileges have been revoked may apply for new privileges after a twelve (12) month period has elapsed following the date of revocation. The County Administrator, in his discretion, may allow an earlier application following revocation where justified by unique circumstances. 16.12 Notwithstanding the notice provisions hereof, the Airport Manager may revoke without notice the operating privileges of any person or entity if, that person or entity is deemed to endanger the health, safety, and welfare of any Airport user, the public, or employees. 16.13 Any ground transportation company or representative shall have the right to a hearing provided by the County Administrator or his representative except where the basis of the violation has been proved in a court of law or before another local, state or federal regulatory or governmental agency. Such hearing must be requested within five (5) days of receipt of the notice of suspension and, except in emergency situations involving the public health, safety, or welfare, no operating privileges shall be suspended or revoked prior to such hearing if requested. The County Administrator shall have the authority to waive the time requirements set forth herein upon good cause shown. The County Administrator's decision following said hearing shall be deemed final agency action.