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
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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.