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HomeMy WebLinkAbout15601ORDINANCE NO. 15,601 AN ORDINANCE PROVIDING SPECIFIC REGULATIONS RELATING TO OPERATION OF COMMERCIAL GROUND TRANSPORTATION AT LITTLE ROCK REGIONAL AIRPORT; PROVIDING FOR USAGE FEES; PROVIDING FOR THE ENFORCEMENT THEREOF; PROVIDING FOR AN EFFECTIVE -DATE THEREOF; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Little Rock ( "City "), acting by and through the Little Rock Municipal Airport Commission ( "Commission ") has the right and power to own, operate, improve and maintain facilities at the Little Rock Regional Airport ( "Airport ") and rights of ways therefor; WHEREAS, the Little Rock City Board of Directors ( "Board of Directors "), as the governing body of the City, has the power to appropriate and raise, by taxation or enactment of reasonable fees or charges, sufficient monies to exercise effectively and efficiently, in the public interest, its right and power to own, operate, improve and maintain the Airport and rights of way therefor; WHEREAS, those persons who conduct business at the Airport should be regulated in the public interest to provide for the safe, effective and efficient movement of the air traveling public at the Airport, and said persons further should be required to assist in reasonably defraying the expenses of operation, maintenance and improvement of the Airport; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 564 U'3S 565 Section 1. That Title of the Little Rock Revised Ordinances be and the same is hereby amended to read and be codified as follows: SECTION STATEMENT OF POLICY AND PURPOSE A. The Board of Directors finds that, in order to retire existing debts incurred by the City or for its benefit, in the construction and improvement of the Airport and related facilities; pay for Airport equipment; protect the public; preserve order; provide for public health, safety and welfare; and enhance the welfare and operational capabilities of the Airport, it is necessary to fix reasonable and uniform charges, fees and regulations for those persons who do not have leases or concession contracts with the City or the Commission to operate commercial vehicles on the Airport, but who desire to obtain and exercise the privilege of commercially transporting goods, commodities, things or services, including, without limitation, the transportation of persons to and from the Airport. B. In establishing and fixing these charges, fees and regulations, the City gives due regard to the Airport properties and improvements used and the expenses of operating the Airport and regulating commercial operations on the Airport by Off- Airport Businesses. C. The City finds that the charges and fees established and fixed herein are for the use of the Airport, including —2— 0602g /hrc 120288 improvements, facilities and roads, needed to help defray the costs of maintenance and improvement of said 566 related thereto, and are administration, operation, properties. SECTION DEFINITIONS AND CONSTRUCTION A. Definitions. Unless specifically defined otherwise in this chapter, or unless a different meaning is apparent from the context, the terms used in this chapter shall be defined as follows: 1. "Airport" shall mean and include the Little Rock Regional Airport which is an airport managed, maintained, operated and controlled by the Commission for the benefit of the City, its agents, agencies, and /or employees, together with all properties, real or personal, located at, used therefor and relating thereto. 2. "Airport Trip" shall mean a single operation of a commercial vehicle traveling to a public area at the Airport for commercial purposes of an Off - Airport Business. 3. "Cargo /freight forwarding business" shall mean any Off - Airport Business which carries cargo or freight to or from the Airport. 4. "City" shall mean the City of Little Rock, Arkansas, a municipal corporation within the State of Arkansas. 5. "Commercial vehicle" shall mean any self - propelled, wheeled, or tracked vehicle or trailer hitched -3- 0 6 0 2 g / h r c 120288 M M M M 56 onto a motor vehicle used for the transportation and /or convenience of persons or goods to, from or on the Airport, or for the service and maintenance of equipment or property, by an off - Airport Business. 6. "Commission" shall mean the Little Rock Municipal Airport Commission, an agency of the City of Little Rock established pursuant to the City's ordinances and laws of the State of Arkansas. 7. "Manager" shall mean the chief administrative officer of the management of the Airport. 8. "License" shall mean (1) the privilege authorized by this chapter granted to operate a commercial vehicle in public areas at the Airport; and (2) the certificate or document representing the privilege stated. 9. "Licensee" shall mean a person licensed to operate under this chapter. 10. "Management" shall mean those employees of the Commission charged with day -to -day operation and maintenance of the Airport. 11. "Off- Airport Business" shall mean any commercial business, firm, corporation, partnership, sole proprietorship, person or other entity not located on the Airport premises which uses Airport facilities. The defined term shall specifically be limited to: (1) hotels, motels, rental car, and parking businesses; (2) businesses which have tenant facilities at the ,4- 0 6 0 2 g / h r c 120288 M M M 560 Airport, but also operate an Off - Airport Business as defined herein; and (3) all persons who act as representatives of such businesses during operation of commercial vehicles in public areas at the Airport. The defined term shall specifically exclude taxicab and limousine companies whose operation at the Airport is regulated by ordinance. The final decision regarding the categorization of a particular Off - Airport Business shall be made by the Management. 12. "Ordinances" shall mean the Revised Ordinances of the City of Little Rock. 13. "Permit" shall mean the certificate or document representing the privilege authorized by this chapter for a particular commercial vehicle to be operated in public areas at the Airport. 14. "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, group or any trustee, receiver, agency or similar representative thereof. 15. "Public Areas" shall mean the access roads to the Airport Terminal Building and the departure roads therefrom, together with all rights of way and facilities incident thereto which are used by the general public. All other areas are to be considered operational or restricted areas with access regulated by the commission. 0 6 0 2 g / h r c 120288 e —5— 06029 /hrc 120288 16. "Representative" shall mean, without limitation, employees, agents, directors and officers. 17. "Tenant Facilities" shall mean those facilities directly leased from the Commission or those facilities which are otherwise leased or subleased pursuant to the prior written consent of Commission. B. Construction. Throughout this chapter, the singular shall include the plural and vice versa; the word "all" means "any and all "; the word "any" means "any and all "; the word "including" means "including without limitation "; the word "he" or any other masculine pronoun includes any individual regardless of sex. SECTION LICENSE AND VEHICLE PERMIT REQUIRED M A. License. All persons who own commercial vehicles which operate in Public Areas at the Airport shall obtain a License from the Management for such operation. The operation of a commercial vehicle in Public Areas at the Airport without a license is prohibited and is a violation of this chapter. B. Vehicle Permit. In addition to the License, all persons who own commercial vehicles shall obtain a Permit for each vehicle operated in Public Areas at the Airport. An Airport decal shall be provided by the Management to the owner of the commercial vehicle after determination that said owner is licensed hereunder and upon issuance of a Permit. The Airport -6- 56d� decal shall be displayed in either the front or rear windshield on the driver's side of the permitted commercial vehicle for which the Airport decal was issued. Operation of a commercial vehicle in Public Areas at the Airport without the Airport decal properly affixed shall be a violation of this chapter; provided, however, vehicles licensed by the ICC and regulated taxicabs and limousines shall be exempt from the Permit requirement. SECTION GENERAL REGULATIONS A. Restricted Operational Activities. It shall be unlawful for persons operating commercial vehicles licensed hereunder to: 1. Operate or drive a commercial vehicle in Public Areas at the Airport, unless such person has a current and valid driver's license issued by the State of Arkansas; 2. Cruise the premises of the Airport for the purposes of soliciting business or fares; 3. Make repairs to a vehicle, unless such repairs are for an emergency, i.e. flat tire or dead battery; 4. Park to load or unload passengers in any areas other than those designated by the Manager; 5. Fail to obey promptly any lawful command by any City police officer, Commission or Management representative, or other duly authorized representative of the Commission or City; _7_ 0602g /hrc 120288 570 571 6. Fail to provide identification, upon request, by any duly authorized representative of the City, Commission or Management; 7. Fail to provide for inspection by any duly authorized representative of the City, Commission or Management, of any books, records, trip logs or other documentation which may be required to be kept by an Off- Airport Business operating under this chapter; 8. Litter; 9. Solicit or attempt to solicit, persuade or urge, by words, gestures or otherwise, any person or persons to use or hire a vehicle or accept transportation in a commercial vehicle; 10. Violate any of the laws of the State of Arkansas, the United States, the Ordinances, or any laws, rules and /or regulations of any governmental body exercising jurisdiction over a particular type of Off- Airport Business. B. Designated Areas. The Manager may designate certain areas which shall be reserved for temporary parking of commercial vehicles operating hereunder. Upon designation of such areas, the Manager shall provide written notice to be mailed or otherwise delivered to Licensees. Any Licensee or representative of a Licensee who, without authorization, operates a commercial vehicle in any area not designated by the Manager shall be in violation of this chapter, and said -8- 0 6 0 2 g / h r c 120288 0 572 unauthorized operation shall constitute grounds for revocation and /or non - renewal of the Licensee's License. Use of any designated areas hereunder shall be non - exclusive and on a first - come - first -serve basis. C. Compliance with Laws. All persons operating commercial vehicles hereunder must be properly licensed by the State of Arkansas and City for the type of business in which they are engaged, and all commercial vehicles must be operated in compliance with all other governmental laws, ordinances, rules and regulations relating to such business. Furthermore, all commercial vehicles operating hereunder must bear a valid safety inspection decal as required by the State of Arkansas. SECTION EXEMPTIONS The following persons shall be specifically exempt from compliance with this Ordinance, including the License fee requirements herein set forth: A. Local, state or federal governmental entities, agencies, departments or public trusts and persons operating vehicles owned or operated for said governmental entities. B. Persons operating taxicabs, limousines or other vehicles whose operation is regulated by ordinance. C. Persons owning and /or operating commercial vehicles that forward cargo or freight and utilize only the Cargo Buildings and do not serve the Terminal Building at the Airport. I= 0 6 0 2 g / h r c 120288 �w w w �w w ■w �■ w� w w w w w w 573 SECTION CLASSIFICATIONS OF OFF- AIRPORT BUSINESSES For the purposes of this chapter, Off- Airport Businesses shall be divided into the following classes: Class A: Non - Tenant Rental Car Businesses and Off- Airport Businesses operating parking facilities for the air travelling public. Class B: Other Off- Airport Businesses including hotels and motels that transport persons to and from the Airport. SECTION RATES, FEES AND CHARGES AMOUNTS Fees for Licenses and Permits are established as hereinafter set forth. All funds received under this chapter shall be paid into the Airport revenue fund, to be used only for Airport purposes. A. Licenses. Classs A and Class B Off- Airport Businesses shall apply to the Manager for original and renewal Licenses to operate at the Airport. All applications shall be accompanied by a payment of $15.00 as a non - refundable application fee. B. Permit Fees. 1. Class A. Each Class A vehicle permitted under this Chapter shall pay $.50 per trip each time that vehicle makes an Airport Trip. The operator of the permitted vehicle shall deposit the $.50 at a gate designated for such vehicle's use. -10- 06028 /hrc 120288 574 2. Class B. Each Class B Off- Airport Business shall pay $15.00 per month for each vehicle it operates at the Airport; provided that, no Class B Off - Airport Business shall be required to pay in excess of $500 between January 1 and December 31 of any year. Payment of the $15.00 License fee required by this chapter shall entitle a Class B License applicant to one Permit and Airport decal for one vehicle which will entitle that vehicle to operate at the Airport for one month. Additional Permits may ne obtained for commercial vehicles owned by the licensed Off - Airport Businesses at a cost of $15.00 per vehicle, per month. Upon payment of the vehicle Permit fee, the Management shall deliver to the Licensee an Airport decal to be used as required by this chapter. C. Rates Subject to Review. The Commission will review the rate structure established hereunder in the third quarter of each calendar year. The Commission is hereby empowered to recommend modifications of such rates as shall be necessary in the Commission's opinion to fulfill the purposes of this chapter. Any rate recommended by the Commission will be subject to review and approval by the Board of Directors within thirty (30) days after the rate is recommended. The Commission will give written notification to the Board of Directors of its decision to recommend a modification of such rates. -11- 570- SECTION LICENSE AND VEHICLE PERMIT APPLICATIONS AND RENEWALS: INSURANCE REOUIREMENT A. License Application. Application for a License must be in writing, verified by the applicant or his duly authorized . agent and filed with the Manager on an application form approved by the Commission. The determination of the Off- Airport Business classification for any applicant shall be made by the Manager based upon all available information, including, without limitation, the completed License application. B. License Renewal. Between January 1 and January 31 of each year, a Licensee may renew its License by submitting any required reports and by payment of the required fees, unless the Manager notifies said Licensee thirty (30) days prior to the expiration date of the current certificate of the Manager's intention to recommend to the Commission denial of renewal based upon the Manager's determination of supported facts that: 1. The Licensee is not in compliance with the License and applicable provisions of this chapter, or other law; or 2. The Licensee is not fit, willing, or able to operate its commercial vehicles in accordance with the provisions of this chapter or other law. C. Permit Application and Renewal. Permits shall only be issued to Licensees and may be obtained at the time of the License application or at any other time prior to operation of the commercial vehicle in public areas at the Airport. Permits -12- 0602g /hrc 120288 57u shall be renewed at the same time and in the same manner as renewals of Licenses hereunder; provided, however, commercial vehicles permitted hereunder must meet the minimum standards for Airport commercial vehicles, as promulgated by the Commission. C. Insurance. Licenses and Permits shall not be issued or renewed unless the applicant for a License ( "Applicant ") or Licensee maintains insurance in a form approved by the Arkansas Insurance Department, covering all owned, hired and non -owned vehicles operated on the Airport, as follows: 1. (a) Comprehensive public liability insurance in the amounts of not less than $250,000 per person; bodily injury not less than $500,000 per occurrence; and property damage not less than $100,000 per occurrence; or a combined single limit policy in an amount of not less than $500,000; (b) Automobile liability insurance in the amounts of not less than $250,000 per person; bodily injury not less than $500,000 per occurrence; and property damage not less than $100,000 per occurrence; or a combined single limit policy in an amount of not less than $500,000; (c) The amounts of insurance required may be established annually by the Commission. 2. An Applicant or Licensee shall file with the Manager a certificate of insurance issued by the insurer which evidences the required coverage. The certificate of insurance and insurance policies shall provide that they may —13— 0602g /hrc 120288 not be cancelled or amended without ten (10) days prior written notice to the Manager and shall be in a form as approved by the Arkansas Insurance Department. 3. If within ten (10) days following notification to the Manager that the insurance required by this section has been cancelled or amended, and Licensee shall fail to provide another policy of the like kind, then the License and all Permits issued hereunder shall be automatically suspended. 4. It shall be the duty of the Licensee promptly to notify the Manager of any modification, expiration, termination or renewal of insurance policies required hereunder by submission of a new certificate of insurance. 5. Licensee shall pay any judgment for loss or damage to any party resulting from the operation or use of a commercial vehicle at the Airport within ninety (90) days after the judgment is final. 6. An Applicant or Licensee shall submit proof to the Manager of having complied with all applicable financial responsibility laws of the State of Arkansas prior to receiving an original or renewal License. SECTION ADMINISTRATIVE ENFORCEMENT For the purpose of this Section, the term "revocation" includes denial of Licenses and renewals thereof and, to the -14- 0602g /hrc 120288 577 • • 570 extent applicable, denial of Permits and renewals thereof. For purposes of this Section the term "suspend" means the total or partial restriction of the privilege to operate a commercial vehicle in public areas of the Airport or, in appropriate cases, the restriction of privileges granted under a license under this Ordinance. A. Warnings Suspension and Revocation. 1. Whenever the Manager reasonably determines that a driver or a Licensee has violated any rule, regulation or ordinance of this City or commission, the Manager in his discretion may permanently or temporarily suspend the privileges of any driver of a Licensee and /or immediately issue a warning to the Licensee that a violation has occurred. The warning shall inform the Licensee of the nature of the violation and inform the Licensee that further enforcement action will occur if the violation is repeatedly not corrected. 2. Whenever a Licensee defaults on the payment of any fees and charges required by this Chapter, or whenever the Manager upon reasonable investigation, which will include consultation with the Licensee or its representative, finds serious or repeated violation(s) of any state, municipal, or Commission law, rule, regulation or ordinance, the Manager may suspend a license for a period of up to ten (10) days. The Manager shall notify in writing the Licensee or its -15- 0 6 0 2 g / h r c 120288 575 authorized representative of the suspension by either hand delivery or certified mail. The suspension shall become effective upon the sending or mailing of the notice of suspension. 3. If after receiving a notice of suspension, a Licensee fails to pay any fee or charge required by this Chapter, or if a Licensee or its employees repeatedly violates the rules, regulation or ordinance of the City or Commission, or if a violation of any rule, regulation or ordinance, in the opinion of Manager, results in a threat to the public health, safety or welfare the Manager may take the following actions: (a) Immediately suspend the privileges of any driver or a Licensee pending further investigation; or (b) Upon reasonable investigation, including consultation with the Licensee or its representative, give written notice of revocation of the license by either hand delivery or certified mail. B. Effective Date. Revocation shall be effective immediately upon the sending of the notice of revocation. C. Hearing on Revocation. In the event of a suspension or revocation, a Licensee charged with or alleged to be in violation of any rule, regulation or ordinance of the City or Commission, may, within ten (10) days after receipt of the _16_ 0602g /hrc 120288 M 580 notice of suspension or revocation, file with the Manager a signed, written demand for a hearing. D. Time of Hearin. 1. If a hearing is properly demanded, the Manager, shall, as soon as practicable after the demand is filed, issue a notice of hearing which shall be sent by Certified Mail to the affected Licensee at its last known address, and which shall state: a. The time and place of hearing; b. A reference to the particular rule, regulations or ordinance involved; and C. A plain or concise statement of the facts upon which suspension or revocation is based. 2. The hearing shall be held before a hearing officer designated by the Manager. 3. The hearing shall be held within thirty (30) days after written demand therefor is filed. E. Form of Hearing-. 1. At the hearing the affected Licensee may be represented by counsel or anyone of its choosing. 2. Testimony shall be taken upon oath or affirmation of the witnesses from whom received. The hearing officer shall administer oaths or affirmations to witnesses. 3. A verbatim oral, written or mechanical record shall be made of the entire proceedings, and the record _17_ 0602g /hrc 120288 • 581 shall include any written statement on behalf of the affected Licensee, all evidence received or considered, stipulations, and any final ruling by the hearing officer. 4. A copy of the findings of fact and the final ruling of the hearing officer shall forthwith be sent certified mail to the Licensee at its last known address. F. Appeal from Hearinq to Authority. 1. An aggrieved Licensee may seek review of the ruling of the hearing officer by filing with the Manager, within fifteen (15) days after receipt of the copy of the ruling, a signed written request for review by the commission. 2. After requesting review, the aggrieved Licensee shall submit to the commission a transcript of the record before the hearing officer. 3. A Licensee requesting review shall bear the cost of transcribing the record. If, however, the commission reverses or remands the hearing officer's order, the commission shall reimburse the licensee for its cost of transcribing the record. 4. Any review of the final ruling of the hearing officer shall be confined to the factual record made at the hearing. The review panel shall consist of not less than a majority of the commission members. The review panel shall not substitute its judgment for that of the hearing officer 151-M 0 6 0 2 g / h r c 120288 on any issue of fact and shall reverse or remand an order only if it finds that the order is not supported by reliable probative and substantial evidence in the whole record, or that the order is legally incorrect. The decision of a majority of the review panel shall rule on the appeal. SECTION PAYMENT A. Class A: Payment of fees required hereunder from Class A Off- Airport Businesses shall be made in full to the Commission immediately prior to the time of issuance of Licenses or Permits and at the time of each Airport Trip. Actual payment shall constitute a condition to validity of any such License or Permit or Airport Trip. B. Class B: Payment of fees required hereunder from Class B Off- Airport Businesses shall be made in full to the Commission immediately prior to the time of issuance of Licenses or Permits and either monthly or annually thereafter. Actual payment shall constitute a condition to validity of any such License or Permit or Airport Trip. SECTION VIOLATION AN OFFENSE It is hereby declared to be unlawful and a public offense for any person to commit a violation of any provision of this chapter. -19- 0602g /hrc 120288 582 G. 583 SECTION PENALTY Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500.00. Each day, or part of a day, in which such violation is committed shall constitute a separate offense. SECTION 2. Effective Date. The effective date and the applicability of this ordinance as herein set forth shall be the 1st day of January, 1989. SECTION 3. Severability. The provisions of this Ordinance shall be severable, and, if any of the provisions hereof shall be held in contravention of the laws or Constitution of the United States or the State of Arkansas, such decision by a Court of competent jurisdiction shall not affect the validity of the remaining portions, if any. It is hereby declared to be the intention of this ordinance that the same would have been adopted had such unlawful or unconstitutional provisions, if any, not been included herein. SECTION 4. Emergency. Inasmuch as it is necessary that this Ordinance begin operating January 1, 1989 and that it is important to have consistency in the operation of ordinances, we declare, therefore, that an emergency exists for the preservation of the public peace, health and safety, by reason whereof this ordinance shall take effect immediately upon its passage, approval and publication. _20_ 0602g /hrc 120288 APPROVED, this 8th day of December, 1988. ATTEST: APPROVED: J Cit Clerk Jane Czech ayor Lottie Shacke ford (SEAL) -21- 584