Chapter 10.30
AIRPORT PATRON TRANSPORTATION SYSTEM

Sections:

10.30.010    Definitions.

10.30.020    Vehicles at the airport.

10.30.030    Airporter operations.

10.30.040    Issuance of a certificate.

10.30.050    Outstanding airporter certificates.

10.30.060    Insurance required.

10.30.070    Rates.

10.30.080    Enforcement authority.

10.30.090    Denial, suspension or revocation of certificate.

10.30.100    Penalties and remedies.

10.30.010 Definitions.

When used in this chapter:

“ADA accessible transportation vehicle” means a vehicle which is specifically equipped with a wheelchair lift, is in compliance with all requirements to be fully wheelchair accessible, and is used to transport physically challenged and elderly persons and their companions.

“Airport” means the Airport Reserve for the Ketchikan International Airport on Gravina Island.

“Airporter” means a vehicle which transports persons between the Ketchikan International Airport terminal and the airport ferry terminal on Revillagigedo Island on a schedule designed to meet each scheduled arriving and departing flight of every scheduled air carrier serving the Ketchikan International Airport.

“Bus” means any vehicle used to transport passengers for hire in connection with the borough’s mass transit system.

“Certificate” or “airporter certificate” means a certificate of public convenience and necessity issued by the borough manager or designee allowing an individual to operate a vehicle providing airporter service as regulated by this title.

“Certificate of public convenience and necessity” means a written certificate of public convenience and necessity authorizing the holder thereof to conduct business as an airporter at the Ketchikan International Airport.

“Child transport vehicle” means a vehicle used to transport children to or from their schools, babysitters, day-care centers, churches, recreational centers, latchkey centers, homes, parents or other child care.

“Operate” means to drive, pick up, transport or discharge passengers.

“Prearranged group transportation service” means transporting an organized group of eight (8) passengers or more where such services are arranged in advance of the vehicle’s arrival at the point of departure and where the holder, vehicle owner, or driver has not directly or indirectly formed or organized the group. The transportation of all passengers in a “prearranged group transportation service” must either begin or end at the same location.

“Public vehicle” means a vehicle which operates pursuant to a certificate issued by the city of Ketchikan which offers commercial passenger service on public streets in which the driver is furnished by the owner or holder. The term “public vehicle” includes, but is not limited to, taxicabs, sightseeing vehicles, limousines, airporters, child transport vehicles, ADA accessible transport vehicles, and includes nonmotorized vehicles. Vehicles operated by or providing services under contract to the city, borough, or the School District are not included in this definition and are not subject to the provisions of this chapter. Courtesy vehicles, which are operated by or under contract with a business which is not otherwise engaged in commercial passenger service on public streets and which are used solely to provide incidental transportation for the business’ customers or employees to or from the place where the primary business or employment occurs, are not public vehicles unless the customer or employee is separately charged for such transportation. Vehicles operated by or under contract with nonprofit organizations are not public vehicles when such vehicles are directly used in the course of providing religious, educational or charitable services which are exempt from the borough’s sales tax. A vehicle is offered for commercial passenger service if the owner or operator advertises for, solicits or otherwise seeks out passengers or receives compensation.

“Rate” means every rate, toll, fare, rental charge, or other form of compensation demanded, charged or collected by a certificate holder or driver for its services.

“Scheduled air carrier” means an air carrier utilizing aircraft having passenger seating of more than thirty (30) seats.

“Scheduled flight” means a flight scheduled by a scheduled air carrier, regardless of its actual arrival or departure time.

“Sightseeing service” means a vehicle which provides prearranged group transportation service or which transports passengers on guided tours of cultural, natural, or historic sites. Tour passengers must be transported in groups with no passengers added after the tour begins and no passengers departing until the tour is completed. A shuttle service or other transportation which primarily transports passengers to or from commercial areas or transportation facilities is not a sightseeing vehicle.

“Taxicab” means a vehicle licensed by the city of Ketchikan under a taxicab certificate of public convenience and necessity.

“Vehicle” means every device in, upon or by which any person may be transported or drawn upon a highway excepting vehicles used exclusively upon stationary rails or tracks. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.010.]

10.30.020 Vehicles at the airport.

(a)    No person may operate an airporter at the Ketchikan International Airport without first obtaining a certificate of public convenience and necessity from the borough manager or designee.

(b)    Vehicles other than the authorized airporter may not solicit passengers or accept passengers at the airport unless the passenger(s) have prearranged for such transportation at least thirty (30) minutes in advance. This limitation shall not apply if one (1) of the following circumstances is present:

(1)    The vehicle has transported a paying passenger to the airport and remains to return to the Revillagigedo side with a paying passenger;

(2)    The airporter is unable to transport the passenger(s) due to insufficient seating or inadequate equipment such as may be required for ADA accessible passengers;

(3)    The transportation is furnished without charge; or

(4)    The holder of the airporter certificate has requested assistance in transporting passengers or baggage.

(c)    Rules and Regulations. Airporters and vehicles operating at the Ketchikan International Airport shall be subject to such rules and regulations designed to assure the orderly and safe operation of the airport and airport ferries as may be established and amended from time to time by the borough manager or designee. Such rules and regulations may include, but are not limited to, restricting the number of priority boarding vehicles on certain ferries, requiring adherence to certain time restrictions in order to priority board certain ferries, accommodating airport emergency operations, and accommodating emergency vehicles. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.020.]

10.30.030 Airporter operations.

(a)    All persons engaged in the airporter business under the provisions of this chapter shall provide for an overall safe service to the public desiring to use such vehicles, and such service shall be designed to meet all scheduled arriving and departing flights of all scheduled air carriers. Holders of airporter certificates shall provide service transporting persons and baggage between the Ketchikan International Airport terminal and the airport ferry parking lot on Revillagigedo.

(b)    The airporter shall file with the borough manager or designee, post in a public place at the airport to be designated by the borough manager or designee, and with each airline servicing the airport, and adhere to a schedule of rates and times of service and daily transportation services to be provided by the airporter.

(c)    The airporter shall provide not less than thirty (30) days’ prior written notice to the borough manager or designee before any modification of any rates or schedules.

Such notice may be less than thirty (30) days if it is a result of a change in airline schedules. In such cases notice of schedule change shall be provided within five (5) days after the announcement of the change in airline schedules.

(d)    The airporter shall procure, maintain and provide proof of bodily injury and property damage insurance from a company authorized to write insurance in the state of Alaska for the limits of liability and property damage as required by KGBC 10.30.060.

(e)    The airporter must notify the borough manager or designee no later than sixty (60) days before the date of expiration of the certificate that the certificate holder intends to continue providing such service for the following year.

(f)    The airporter shall provide daily scheduled transportation service to the general public between the Ketchikan International Airport terminal and the airport ferry terminal on Revillagigedo Island for the life of the airporter permit and meet each scheduled arriving and departing flight of every scheduled air carrier serving the Ketchikan International Airport.

(g)    Airporter vehicles shall have priority boarding rights on airport ferries for up to two (2) vehicles and shall be charged published ferry passage fares for a driver, all passengers and the vehicle. Passengers on the airporter shall pay the applicable ferry fare.

(h)    If an airporter ceases to operate prior to expiration of its certificate, the certificate holder shall be liable to the borough for the borough’s costs to secure and provide replacement airporter service for the unexpired term of the certificate. This subsection shall not apply in the event that service is terminated by the borough.

(i)    The airporter shall provide a monthly report to the borough manager or designee which includes passenger and cargo revenues, as well as total miles driven by any of the airporter vehicles while providing airporter services. The report shall be submitted no later than twenty (20) days following the last day of the month. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.030.]

10.30.040 Issuance of a certificate.

(a)    At any time when there is no active airporter certificate or airporter certificate operator the borough manager or designee may solicit proposals for provision of airporter services from persons seeking award of an airporter certificate. The invitation for proposals shall select a provider based upon the most financially beneficial proposal which meets the minimum performance and qualification requirements. The minimum requirements shall include all items required of an airporter under this chapter, and shall also require that any proposer provide the following information verified under oath:

(1)    The name and address of the proposer and all principals.

(2)    The financial status of the proposer, including amounts of all unpaid judgments against the proposer and the nature of the transaction or acts giving rise to the judgment.

(3)    The experience of the proposer in the transportation of passengers.

(4)    The quantity of vehicles to be operated or controlled by the proposer and the location of the proposed depots and terminals, if any.

(5)    A statement that the proposer has not been convicted of any felony for which they have not been unconditionally discharged.

(6)    The passenger capacity (number of seats) and luggage capacity of the vehicles that will be used to provide the service.

(b)    In addition to the information to be provided under oath with the proposal, a successful proposer must provide the following prior to issuance of the certificate:

(1)    A statement that the motorized vehicles to be used in the proposed operation are in a safe and legal operating condition together with evidence that the vehicles have passed a commercial vehicle inspection in Alaska within the past sixty (60) days.

(2)    The proposer shall designate whether the proposed service period is seasonal or year-round, and demonstrate ability to meet each arriving and departing flight with adequate seating capacity to satisfy anticipated demand during the period of service. Should the request for proposals solicit proposals for only year-round service, the proposer shall specifically identify any proposed charge or subsidy included in the proposal for providing the service.

(3)    The proposer shall demonstrate proof of ownership or right to use and operate an ADA accessible vehicle, designed to hold a minimum of two (2) wheelchairs. If the proposer intends that the borough provide one (1) or more of these vehicles, the proposer shall so provide in its proposal and shall identify the cost impact on the proposal if such vehicles are not provided by the borough.

(4)    Proof of compliance with the insurance requirements of this chapter.

(5)    Such further information as the borough manager or designee may require.

(c)    Every certificate holder or transferee shall sign a statement concurring with KGBC 10.30.030(h) regarding penalty for ceasing operations and KGBC 10.30.050(c)(2) regarding certificate value.

(d)    The notice of intent to renew filed sixty (60) days prior to the expiration of a certificate shall be on a form prescribed by the borough manager or designee and shall include a report of passenger loads for the preceding twelve (12) months. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.040.]

10.30.050 Outstanding airporter certificates.

(a)    There shall be only one (1) airporter certificate active at one time for any portion of the year. Airporter certificates which are issued only for a partial year or limited duration will not preclude issuance of another limited airporter certificate for the remainder of the year, or a portion thereof.

(b)    A new certificate will not be issued a proposer who is delinquent in terms of payment of sales, real and personal property taxes, or interest and penalties for such taxes. Certificates will not be renewed unless all sales, real and personal property taxes, interest and penalties have been paid to the city and borough, and the holder submits a signed statement that each of the motorized vehicles operated under the certificate are in safe and legal operating condition, evidence that the vehicles have passed a commercial vehicle inspection in Alaska within the past sixty (60) days, and proof of compliance with the insurance requirements of this chapter.

(c)    Airporter Certificate Transferability and Value.

(1)    No airporter certificate may be sold, assigned, leased, or otherwise transferred without the consent of the borough assembly. Any sale, assignment, lease or transfer of such a certificate without the consent of the borough assembly is void, and the certificate is forfeited. Prior to forfeiture of any certificate under this section, the parties to any such sale, assignment, lease or transfer shall be sent notification and shall have an opportunity to be heard by the borough assembly.

(2)    An airporter certificate shall have a value of one hundred dollars ($100.00). Any additional amount paid by a transferee to a transferor may only be attributed to the equipment and business value. The borough reserves the right to cancel, suspend or modify the airporter certificate program and shall not be responsible for compensation to a certificate holder except to the extent of the certificate fee paid to the borough.

(3)    When an airporter certificate issued under the provisions of this chapter has been transferred subject to a financing agreement in which the current certificate holder promised to transfer the certificate back to a former holder in the event of a default in payment for property or business assets conveyed as part of the earlier transfer of the certificate, any former holder which previously has filed with the borough manager or designee a notice of its financing agreement and of its address shall be sent notice, addressed to the address filed with the borough manager or designee, of any proceeding to revoke or suspend the certificate. Said notice shall be sent at the same time notice is given to the current holder.

(4)    Upon revocation of a certificate as to which notice of the revocation proceeding was required to be given to the former holder pursuant to subsection (c)(3) of this section, the borough manager or designee shall issue the certificate to the former holder, or to the former holder’s assignee, provided:

a.    The former holder requests that the certificate be issued to the former holder or to the former holder’s assignee;

b.    The former holder shows that the debt that is the subject of the financing agreement has not been paid in full;

c.    The former holder or its assignee is qualified to hold a certificate; and

d.    The earlier transfer of the certificate was approved by the borough assembly. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.050.]

10.30.060 Insurance required.

(a)    Airporter operators will be required to maintain insurance in accordance with the following provisions:

(1)    Commercial general liability insurance, not excluding explosion, contractual liability or product/completed operation liability insurance in a limit of not less than one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) in aggregate with the Ketchikan Gateway Borough named as an additional insured.

(2)    Commercial comprehensive automobile liability insurance covering all owned, nonowned, and hired automobiles and/or vehicles, in a limit of not less than one million dollars ($1,000,000) combined single limit per accident with the Ketchikan Gateway Borough named as an additional insured. Coverage will include uninsured/underinsured motorist insurance at a limit of not less than one million dollars ($1,000,000) per claim.

(3)    Workers compensation insurance as per Alaska Statutes, with appropriate United States Longshore and Harbor Workers Act coverages, if needed, and employers liability insurance coverage at limits of five hundred thousand dollars ($500,000)/five hundred thousand dollars ($500,000)/five hundred thousand dollars ($500,000).

(b)    The policy or policies of liability insurance shall be approved as to substance and form by the borough manager or designee. Insurance policies shall be issued for periods of not less than the full period of the current airporter certificate.

(c)    Every insurance policy or certificate shall contain a clause obligating the insurer or surety to give the borough manager or designee written notice no less than thirty (30) days before the cancellation, expiration, nonrenewal, lapse or other termination of such insurance. A lapse, cancellation, expiration, nonrenewal or termination of insurance shall work an automatic suspension of any certificate for so long as the certificate holder is without insurance as required by this section, and it shall be a violation of this chapter to provide service with a vehicle not insured as required by this section. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.060.]

10.30.070 Rates.

A statement of actual rates charged by an airporter shall be conspicuously posted on the interior and exterior of every such vehicle in a manner prescribed by the borough manager or designee. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.070.]

10.30.080 Enforcement authority.

The borough manager or designee shall have the power of a peace officer to enforce the terms of this code at the Ketchikan International Airport and to enforce the terms of this chapter by issuing citations or, where authorized, filing a notice of violation or complaint for an administrative hearing under Chapter 2.115 KGBC. [Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.080.]

10.30.090 Denial, suspension or revocation of certificate.

(a)    The borough manager or designee shall have the power to suspend or revoke an airporter certificate. The borough manager or designee may suspend or revoke an airporter certificate upon receipt, at a hearing called for the consideration of such suspension or revocation, of evidence sufficient to cause the borough manager or designee to conclude by a preponderance of the evidence (more likely than not) that the operator has operated in violation of the standards set forth in this chapter or in the operator’s certificate.

(b)    The borough manager or designee may suspend or revoke an airporter certificate upon finding, after a hearing, that the certificate holder:

(1)    Violated any of the provisions of this chapter;

(2)    Discontinued operations for more than seven (7) days without written authorization by the borough manager or designee for good cause shown;

(3)    Violated any ordinances of the borough or the laws of the United States or the state, violations of which reflect unfavorably on the fitness of the holder to offer public transportation; and

(4)    Failed to maintain its vehicles in safe and legal condition.

(c)    Emergency Revocation.

(1)    The borough manager or designee may immediately revoke an airporter certificate upon issuance of a notice of revocation under this subsection if the borough manager or designee determines that continued operation of the certificate will result in immediate and substantial risk to the public health or welfare.

(2)    If the borough manager or designee revokes a permit based upon such determination, the revocation action shall expire in ten (10) days, unless within this time the borough manager or designee holds a hearing and determines that a continued emergency revocation is warranted.

(d)    Violation of the terms of a suspension or revocation imposed by this section is a separate violation of this title.

(e)    A certificate holder aggrieved by a decision of the borough manager or designee under this section may appeal that final administrative decision to the superior court for the state of Alaska in accordance with the Alaska Rules of Court. [Ord. No. 1514S, §1, 4-20-09; Ord. No. 1422, §1, 2-5-07; Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.090.]

10.30.100 Penalties and remedies.

(a)    The violation of any provision of this chapter shall be an infraction, and any person found in violation shall be subject to a fine of not more than three hundred dollars ($300.00).

(b)    Each day during which a violation described in this section occurs shall constitute a separate offense. [Ord. No. 1023, §1, 9-2-97. Code 1974 §15.20.100.]