Okaloosa County BOCC — September 20, 2016 — Proposed-Ground Transportation Ordinance with Policy without annotation — reading text

OFFENSIVE LANGUAGE: Obscene, vulgar, abusive language or language which could be offensive to others is prohibited. 9.5 GAMBLING: No gambling of any kind is allowed. 9.6 USE OF INTOXICANTS: Operators are prohibited from using/ingesting any intoxicant or any substance that may impair the driver’s judgment or ability to operate a motor vehicle for eight (8) hours before reporting for work and during any work period. 9.7 ILLEGAL/CONTROLLED SUBSTANCES: No Operator shall consume, possess, purchase, sell or knowingly allow any of his/her passengers to consume, possess, purchase or sell any illegal or controlled substance while in the Commercial Vehicle or on County property. 20  9.8 TOBACCO PRODUCT USE: No Operator shall use tobacco products of any kind while transporting passengers. Smoking on Airport property is allowed in designated areas only. 9.9 PROHIBITED ACTIVITIES: Solicitation, advertising or similar activities are prohibited. 9.10 WEAPONS: Operators are authorized to have a weapon in their vehicle if the driver has a valid concealed weapons permit and it is in compliance with their company’s policies. Operators must comply with FL Statute Chapter 790 at all times. 9.11 VEHICLE OCCUPANTS: While on Airport (working) operators are not allowed to have family or friends in their vehicles. ARTICLE 10 ADVERTISEMENTS ON VEHICLES 10.1 ADVERTISEMENTS: Companies may pursue advertising on vehicles. Advertisements must be from reputable businesses. There shall be no advertisements that could be offensive to any other person or group as determined by the Airports Director or designee. Any aggrieved Company may appeal the Airports Director’s decision to the County Administrator within five (5) business days. If the Company is not satisfied with the County Administrator’s decision, the Company may appeal to the Board of County Commissioners at the next regular scheduled meeting. 10.2 APPROVALS: Companies must submit a request for approval to the Airports Director or designee prior to posting an advertisement on any vehicle. Requests for approval must include a complete sample of the proposed advertisement. 10.3 DISPLAY: Display of advertisements must not interfere with the signage that is required under Article 2.19 of this Ordinance. Display must also adhere to County and State requirements/laws pertaining to covering of vehicle windows. 21  ARTICLE 11 COMMERCIAL OPERATORS PERFORMING FOR CHARITABLE AND RELIGIOUS EVENTS Commercial Vehicle Operators sometimes provide Ground Transportation for charitable and religious events by transporting VIP’s and celebrities from the Airport to their destination without charge. In this event, Operators shall comply with the following: 11.1 PERMIT EXCEPTIONS: Permit is not required when transportation is without charge. 11.2 APPLICATIONS: Operator shall apply to the Airports Director or designee for prior approval to pick up the persons involved in the event. The application shall identify the event, name of the passenger, flight, and arrival time. 11.3 WAIVER: The Airports Director or designee shall be authorized to grant a waiver of permit if it is determined that events are charitable or religious. 11.4 APPLICATION REQUEST MINIMUM TIME: Application for a waiver of permit shall be made three (3) or more days in advance of passenger arrival. 11.5 PARKING: The designated parking space for this activity shall be in the short/long term parking area or any place so designated by the Airports Director or designee. 11.6 COORDINATION: Operator shall coordinate with Airport Police on each pick up. ARTICLE 12 BACKGROUND CHECKS The Ground Transportation Company is responsible to provide Airport Administration a background check on all of its Operators (including owners) before issuance of the identification badge. This has to be accomplished before the Operator can operate at the Airport. The background check shall include a criminal record for all fifty states (Department of Corrections Records, County Records, Court Records, and Sheriff Records) databases, convictions only, which shall include felonies, misdemeanors, parole, supervision and incarceration. The background check shall also include a sexual offender/predator search. A Florida Driver’s License history is required 22 initially (a three year report) and annually. Please see disqualifications under Article 13. Background checks shall be updated every three (3) years or whenever an individual has taken extended time off from driving and turned into Airport Administration. Operators are required to report to Airport Administration any arrests on any Operators immediately. The Airports Director or designee reserves the right to request a background check on any Operator at any time. ARTICLE 13 DISQUALIFICATIONS Any felony conviction for any crime or prior conviction or revocation of a license anywhere shall disqualify any Operator from operating a Commercial Vehicle at the Airport. If the felony is over ten (10) years old and the Operator’s record has been clean since, they may work at the Airport. ARTICLE 14 SUSPENSION AND REVOCATION 14.1 CONDUCT: Operators shall be governed by all rules, regulations, ordinances, and laws in effect at the Airport. 14.2 SUSPENSION: a. Upon establishment of facts indicating an owner, Operator or driver’s failure to comply with the provisions of this Article while at the Airport, a Law Enforcement Officer is authorized to order the person to depart the Airport, issue a citation to such a person, or arrest such person for violation of this Policy. A detailed report shall be submitted to the Airports Director setting forth the circumstances of the ordered departure, citation or arrest. b. The Airports Director or designee is hereby authorized to suspend any Airport Permit for violation of this Ordinance. Such suspension to last for a period of not more than thirty (30) days; provided, however, that the Airports Director or designee provide the permit holder with a written statement of the reason for suspension and a reasonable opportunity to respond prior to the effective date of suspension. 14.3 REVOCATION: The Airports Director or designee is authorized to revoke any Airport Permit for failure to comply with the provisions of this Ordinance. However, a permit may not be revoked unless the Operator has received written notice of intent to revoke and has had an opportunity to present evidence on their behalf to the Airports Director within three (3) working days. Any aggrieved permit holder may appeal the Airports Director’s decision to the County Administrator within five (5) business days. If the permit holder is not satisfied with the County 23 Administrator’s decision, the permit holder may appeal to the Board of County Commissioners at the next regular scheduled meeting. ARTICLE 15 ENFORCEMENT 15.1 AUTHORITY: The requirements of this Ordinance are established by the Okaloosa County Florida Board of County Commissioners and enforced by its appointed or authorized representatives, Airport Police, County Courts or other Courts of the State of Florida. The Airport Police duties include the enforcement of Florida Statutes, the inspection and enforcement of this Policy relative to monitoring all Commercial, Public, and Private Ground Transportation at the Destin-Fort Walton Beach Airport and has the authority to inspect all vehicles, permits, insurance, licenses, vehicle registrations, and all company dispatch and driver logs. All Operators shall be required to surrender for inspection all documents requested by any officer or designated representative, relating to the routine operation and control of all vehicles on County property. Prohibited activities as addressed in this Ordinance may be enforced by any sworn Law Enforcement Officer, County Code Enforcement Officer, or other designated individual specially empowered by the Board of County Commissioners, to enforce the contents of this Ordinance. The power to confiscate permits, decals, and licenses, shall be vested in any sworn Law Enforcement Officer. Individuals or companies whose permits, licenses or vehicles have been impounded, will be cited and required to appear before a Judge of the County Court, Okaloosa County, for disposition of the offense. Penalties for violation of this Ordinance shall be in accordance with Laws of the State of Florida, its Motor Vehicle Statutes, and any County Ordinance. Penalties may include fines, suspension of licenses, and/or incarceration at the Okaloosa County Department of Corrections. 15.2 PENALTIES: A violation of any part of this Ordinance is a misdemeanor, except as provided for in Florida Statutes. A violation may result in a warning, a fine and/or suspension from serving the Airport, a notice to appear, and/or suspension or revocation of the Operator’s Airport Permit for any subsequent violation. Officers may, for the first violation send the violator off the premises for two (2) hours, second offense for eight (8) hours and third offense for twenty four (24) hours. 24  ARTICLE 16 AUTHORITY OF AIRPORTS DIRECTOR TO ESTABLISH ADDITIONAL RULES, REGULATIONS, AND FINES The Airports Director is hereby authorized to establish additional rules, regulations, and fines governing the operational procedure of vehicles conducting business at the Airport. The rules and regulations so established shall become effective on approval by the Board of County Commissioners, copies of which shall be placed on file with the Airports Director. Notification by telephone to the company, verbal communication to Operators, or written notification by mail or e-mail shall constitute adequate notification of changes. Copies of rule changes shall be available in Airport Administration during normal business hours. Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) rules and regulations shall take precedence over this Ordinance. All Ground Transportation Companies shall be notified of any changes in writing. 25  Attachment “A” ACKNOWLEDGEMENT ________________________ Date To: Airport Administration From: _________________________ Company _________________________ Valid Driver’s License No. __________________________ Individual’s Name (Printed) Re: Destin – Fort Walton Beach Airport Ground Transportation Policy I hereby acknowledge that I have read the Ground Transportation Policy and agree to comply with its policies and procedures. ______________________________ Signature 26  Attachment “B” IDEMNIFICATION AND HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, PERMITTEE shall indemnify and hold harmless OKALOOSA COUNTY, its officers and employees from liabilities,