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HomeMy WebLinkAboutORDINANCE 0235-1975CITY OF KENAI Ordinance AMENDINfi KENAI CODE, 1963, TO ADD REC, ULATION OF LI'4OU~INE CARRIERS (FRO}4 KENAI AIRPORT TERIt~INAI, BIJII. I)IN¢;). ~ttEREAS, conflict between limousine carriers and taxicab carriers has resulted in excessive diversion of the tine of the administrative staff of the City of Kenat and regulation of one type of carrier without comparable regulation of another type of passenger carrier for hire appears unfair and inequitable, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1 - The Council finds it is in the public interest to regulate limousine carriers of passengers for hire, as may operate from the Kenai Airport Terminal Building, in order that all such comparable type of passenger transportation will be eouitably regu- lated. The maintenance o£ order and avoidance of conflict between the two types of passenger carriers is important to the overall administration of the Kenai Airport and its terminal facilities. Section 2 - The Code of the City of Kenai 1963, as amended, is hereby further amended to add a code provision, Section 20-15 to read as follows: Limous i!le~ge~u 1 ate~ Sec~n 20-15 (~ A "limousine" shall be defined as common carrier authorized to transport passengers, and their baggage, between terminal facilities such as an airport, a ship dock on the one hand and designated points as set out in the applicable certificate of convenience and necessity issued by the Alaska Trans- portation Commission. -_] (h) Limousines operatln~ from the Kennt ^irport or the City dock in the Kenni River shall be required to comply wit~ all of thc provisions specified in Kenai Code, Sections 20-1 through 20-13, except as exempted therefrom. (c) Exemptions from Sections 20-1 throuffh 20-13 are as follows: (1) the provisions of Kenai Code Section 20-12 (b) shall not apply to limousine operation. Such exemption is not a restriction on the City of Kenai to protest issuance of any new certificates of convenience and necessity as may be applied for to operate from the Kenai Airport or other designated facilities within the City of Kenat. It shall be the policy of the City of Kenai to strongly oppose the issuance of more certifi- cates of convenience and necessity for limousine operations from the Kenai Airport than appear to be economically feasible. Section 3 - The Administration is hereby directed to contact the Alaska Transportation Commission to determine the holders of certi- ficates of Convenience and Necessity authorized to operate in and through the Kenai Airport Terminal Building. Upon ascertaining the number of holders of limousine permits, notice of this concurrent regulation shalI be given to such certificate holders. Such certificate holders shall be granted $0 days from the date of sllch notice to comply with the requirements of the Kenat Code as it regulates taxicabs. -2- i First reading _~//_ day of '/ovem~er, 1973. .Second reading z. day of t SHARON LOOSLI~ - City Clerk ~6~I~$ !1. DOYLE, VIC~ MAYOR Posted after first reading ~__ day o£ November, 1973. Posted after final passage ~ da~, of ~_~, 1973. -3- TO= ~4ayor and Council Regulation of limousine from Kenai Airport 'ferminal ~ecause of the conflict which has occurreu between limousine passenger carriers and taxicabs ill anu around the ~er~i ;~irport Terminal building, the following has be~n ~one: 1. Preparation of a-memorandum to the individual Councilmen suggesting a personal approach to handle requests from the various limousine anu taxicab companies operating at the ~&~ent time £rom the ~ity of ~nai Airport Terminal ~uil~ing. 2. Prepara~ion of a-proposeU am.en~,ent to the ~enai Code for zegulation of limousines. The lizt~uslne regula~ion attempts to do the following: a. Define what a limousine might be. ,~. Attempts tO subject limousine carriers to all of the clearances required by taxicabs within ~he City of Kenai. $oz~ of these clearances such as insuran~e an~ safe~y =an be handled with ~ittle additional effort by a limousine carrier. The licensing of Urivers is a little bit more u~er~oa'~ but shoul~not be too difficult. 4. The enclosed ordinance, in Section 3, which is not intended as a permanent section, directs a procedure for the initial licensing of limousinos operating from the Kenai Airport Terminal Building. 5. It should be remembered there is the possibility of offshore boat operations operating from th~ ~ort of Kenal or the City dock. Sor¥ice by limousine should be preceded by the issuance of a certificate of convenience and necessity by the Alaska Transportation Cot~i~sion. ~. CAUTION: The passage of this regulatory provision, it is implemente~ and is effective will not necessarily stop conflict between limousines and taxicabs. ~owever, it may give a better legal basis for co~trol over limousines than now exists. ¥. There is a possibility that under A.$. 42.x5.38i, that the Kena! Police Department could order out of operation a bus are classified as buses under ~tato law) until it ha~ b~ ~roperly r,e~T~ired to th~~ction of the uepartment. AMENDMENT NO, 1 to pending Ordinance 236-73 It was moved,l~y . ~t~ and seconded by ,_~, ~ and passed by (t~-~..~ that so much of the p~posed pending ordinance as above identified shall be amended in its entirety and inserted in lieu thereof is the proposed ordinance language attached hereto. Amendme~)t adoptedx~t the regular Council meeting of the City of Kenai held on day of. _~_~/~-~5_~.Y_.--~, 1973. !