ARTICLE A - Airport Parking Regulations
ARTICLE B - Permit Parking
ARTICLE A - Airport Parking Regulations
For purposes of this article, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
AUTHORIZED EMERGENCY VEHICLE: Vehicles operated by any fire department, law enforcement agency or an ambulance.
OPERATOR: Every person who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of the vehicle, or to whom the vehicle is registered pursuant to Idaho State Code.
PARK OR PARKING: The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actively engaged in loading or unloading of property or passengers.
PERSON: Any individual, firm, copartnership, association, corporation or political subdivision, including a private, common or contract carrier operating a vehicle on any street.
STREET: Any public street, avenue, road, alley, highway, lane, path or other public place located in Boise City and established for use of vehicles. The term "street" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic.
VEHICLE: Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (1952 Code § 12-16-01; amd. 2019 Code)
8-3A-2: Parking Areas And Time Limits Designated
A. The Airport Director is hereby authorized to establish and designate the following in regard to the parking and unloading of motor vehicles at the Boise Airport (Gowen Field):
1. Public parking areas;
2. Airport employee parking areas;
3. Loading and unloading zones, including taxi stands or taxi queues;
4. Allowable maximum parking time limits applicable thereto.
B. Such areas shall be clearly designated by signs or surface markings. The allowable maximum time limits for parking of motor vehicles shall also be clearly designated by signs in each area. (1952 Code § 12-16-02)
8-3A-3: Parking Tickets And Procedure
8-3A-4: Parking In Loading/unloading Zone
A. Attended Vehicle: It shall be unlawful for a person to park a vehicle while attended in any zone clearly designated as a loading or unloading zone.
B. Unattended Vehicle:
1. It shall be unlawful for a person to park a vehicle and leave it unattended in any zone clearly designated as a loading or unloading zone. (1952 Code § 12-16-05; amd. 2019 Code)
2. "Unattended vehicle" means any vehicle observed by an authorized officer or reported by a member of the public to have been left in a designated loading and unloading zone, without the consent of the Boise Airport, for any period of time, and neither the owner or operator, nor a validly licensed passenger, with authority to move the vehicle, remains in the direct physical presence of the vehicle. An attended vehicle which is parked in a loading or unloading zone must be actively loading or unloading in order to be legally parked. (1952 Code § 12-16-05)
3. If the vehicle is unattended, it shall, following ticketing, be impounded and towed to a suitable and safe place at the Boise Airport where it may be stored at a rate in such amount as established by the City Council, or airport or police personnel may cause the vehicle to be placed in the custody of a tow truck operator for such towing and storage, all reasonable expenses of towing and storage to be the responsibility of the vehicle owner, or the last registered owner of the vehicle, regardless of who left the vehicle unattended. (1952 Code § 12-16-05)
4. Signs shall be posted on or near the property in a clearly conspicuous location in large print, which shall state that unauthorized vehicles will be removed at the owner's expense and designating the name of the towing firm or agent. The signs shall be prominently displayed at the loading and unloading zones, which shall direct owners or operators of unattended vehicles to contact the Boise Airport Parking Office and the location and phone number of such person. Ongoing reasonable efforts shall also be made at the loading and unloading zone to contact the owner or driver of the unattended vehicle to assist in making contact with the Airport Office. (1952 Code § 12-16-05)
C. Impoundment: Unless otherwise stated herein, impoundment of vehicles which violate this section shall otherwise be in accordance with title 3, chapter 16 and title 6 of this Code. (1952 Code § 12-16-05; amd. 2019 Code)
8-3A-5: Employee Only Parking Zones; Display Of Permit
It shall be unlawful for unauthorized persons to park a vehicle in a zone clearly designated for employees only. Persons employed and specifically authorized by regulation of the Airport Director may park in the zone for "employees only", provided the vehicle displays an employee parking permit attached to the window or rear view mirror of the vehicle and complies with all other regulations established by the Airport Director. (1952 Code § 12-16-06)
8-3A-6: Exemptions For Authorized Emergency Vehicles
Authorized emergency vehicles are exempt from the provisions of this article. (1952 Code § 12-16-07)
Any peace officer under the direction of the Airport Director or the Chief of Police shall enforce the provisions of this article. (1952 Code § 12-16-08)
Except as otherwise indicated, any owner or operator who shall park a vehicle in violation of any of the provisions of this article shall be deemed to have committed a parking violation. The administrative procedure for payment of parking tickets for violations is set out in sections 6-10A-26 and 6-10B-11 of this Code. Violations of subsection 8-3A-4A of this article shall be punishable by an infraction penalty of twenty five dollars ($25.00). A violation of subsection 8-3A-4B of this article shall be punishable by an infraction penalty of one hundred dollars ($100.00). In the event of nonpayment in accordance with administrative procedures set out herein, an infraction citation or complaint for a parking violation or failure to pay a parking penalty may be filed in the Magistrate Division of District Court. (1952 Code § 12-16-09)
ARTICLE B - Permit Parking
The purpose of this article is to provide for the regulation of commercial ground transportation service at the Boise Airport, to ensure a high quality of service, and to establish fees and charges for commercial vehicles using the Boise Airport. (1952 Code § 12-19-02)
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
COMMERCIAL VEHICLE: Taxicabs, revenue shuttles, off airport parking shuttles, hotel/motel courtesy vehicles and regularly scheduled and chartered buses not publicly funded and operating on a fixed route.
COMPANY: Any person engaged in the business of operating one or more commercial vehicles, or whose business includes the operation of one or more commercial vehicles.
COURTESY VEHICLE: Any motor vehicle having eight (8) passenger or greater capacity which, on behalf of a business, transports airport patrons or passengers, who are patronizing the vehicle's business, to the business. Such vehicles are not for hire by the general public at any time, and shall be clearly marked with the business' name or logo, owned by, leased by, or contracted for by the business, and exclusively dedicated to serve the business and patrons of the business or other contracting businesses, at no charge to the patron. Courtesy vehicles may not provide transportation to any passenger for a charge.
DIRECTOR: The Director of the airport or the Director's designee, who must be an employee of the City.
DWELL TIME: The time during which a shuttle or other commercial vehicle (excluding a taxicab) is stationary in any shuttle lane or space, beginning at the time of arrival at the revenue shuttle loading area.
OFF AIRPORT PARKING SHUTTLE: Any motor vehicle transporting persons to or from the airport and a fixed off airport location which charges for vehicle parking.
OTHER VEHICLES: Any vehicle not specifically referenced in this section, including, but not limited to, delivery vehicles, construction/repair vehicles and government vehicles, engaged in commercial activity at the airport.
REVENUE SHUTTLE: Any motor vehicle which is for hire by passengers for transport to or from the airport and any number of locations or destinations, and charges passengers on the basis of time, or by a fixed rate depending upon the destination, or some other method rather than distance traveled. This definition shall apply regardless of whether a name, logo or company designation is displayed, and shall therefore include "limousines" within its definition. Taxicabs, off airport parking shuttles, and courtesy vehicles are not considered revenue shuttles for purposes of this chapter or title.
REVENUE SHUTTLE LOADING AREA: The area on the Boise Airport grounds set aside and designated for the loading of shuttle passengers. This loading area is for shared use by commercial vehicles and shall be as clearly marked and designated for use by commercial vehicles or otherwise by the Airport Director pursuant to section 8-3B-15 of this article.
TAXICAB: Any motor vehicle that is equipped with a taximeter and licensed by Boise City pursuant to title 3, chapter 13, article A of this Code to transport passengers for hire.
TAXICAB HOLDING AREA: The area on the Boise Airport grounds set aside and designated for the parking of taxicabs waiting to enter the taxicab loading area, as designated by the Airport Director pursuant to section 8-3B-15 of this article.
TAXICAB LOADING AREA: The area on the Boise Airport grounds set aside and designated for the loading of taxicab passengers, as designated by the Airport Director pursuant to section 8-3B-15 of this article.
TRIP FEE: A per entrance fee paid to the airport in accordance with this title, allowing the operator of a commercial vehicle or other vehicle to access restricted areas of the airport which are designated by the Airport Director for the purpose of loading or unloading passengers or goods. (Ord. 3-17, 2-7-2017)
8-3B-3: Permit Required
It shall be unlawful for any person or company to operate a commercial vehicle at the Boise Airport, or own such a vehicle there operating, without a valid Boise Airport parking permit. (1952 Code § 12-19-03)
8-3B-4: Application For Permit
Application for said Boise Airport parking permit shall be made to the Airport Director upon forms provided by the Director. All applicants for a permit to operate a taxicab must provide proof of a valid City taxicab license issued under title 3, chapter 13, article A of this Code. The Airport Director must, within thirty (30) days of application, either grant or deny the requested permits. Appeal from a denial of a permit may be taken as provided in title 3, chapter 1, article A of this Code. (1952 Code § 12-19-04)
A. Commercial Vehicles: Each owner or operator of a commercial vehicle shall pay applicable fees as in such amounts as established by the City Council. (1952 Code § 12-19-05; amd. 2019 Code)
B. Term: All permits issued hereunder shall continue for a term of one year or three (3) months. All annual permits shall expire on December 31 of each year; all quarterly permits shall expire on March 31, June 30, September 30 or December 31. In the event an application for a permit under this article is denied, the fees accompanying the application shall be returned to the applicant.
C. Other Vehicles: The City expressly reserves the right to impose fees and require permits for other vehicles upon amendment to this article. (1952 Code § 12-19-05)
Upon approval by the Airport Director, and payment of a transfer fee in such amount as established by the City Council, a Boise Airport parking permit may be transferred to another vehicle. The transferee must possess and maintain all of the qualifications and conditions applicable to an applicant for initial license. Denial of a permit transfer may be appealed in the manner provided for denial of a permit under section 8-3B-4 of this article. (1952 Code § 12-19-06; amd. 2019 Code)
Taxicabs operating at the Boise Airport may add an additional charge to the fare limits specified in section 3-13A-14 of this Code for fares departing from the Boise Airport, which amount shall be equal to and shall not exceed the fee for use of the taxicab loading area established pursuant to section 8-3B-5 of this article. (1952 Code § 12-19-07)
8-3B-8: Compliance With Regulations
Every permit issued pursuant to this article shall be conditioned upon strict compliance with all laws, including, but not limited to, this article, the rules and regulations and lawful orders of the Boise Airport and, with respect to taxicabs, the provisions of title 3, chapter 13, article A of this Code. (1952 Code § 12-19-08)
8-3B-9: Taxicab Operation
A. Quality Of Service: Taxicab companies shall at a minimum operate their taxicabs, while on the Boise Airport, in a manner consistent with title 3, chapter 13, article A of this Code. The Airport Director shall have the right to call to the attention of a company or a driver any violation of the rules and regulations required to be observed under section 8-3B-8 of this article.
B. Right To Accept Passengers: No taxicab shall accept passengers at the Boise Airport unless it shall:
1. Proceed to the taxicab loading area;
2. Pay the fee for use of the taxicab loading area established under section 8-3B-5 of this article;
3. Be in the proper position in the taxicab loading area according to the rotation of taxicabs based upon the order of arrival, except that passengers may be accepted other than in the proper rotation if by passenger direction or choice.
C. Taxicab Parking Area Operation: A maximum of eleven (11) taxicabs will be permitted in the taxicab loading area. When the taxicab loading area is full, any taxicab arriving at the Boise Airport must wait in the taxicab loading holding area until a vacancy is created in the taxicab loading area. The order of taxicabs in the holding area will be in the order of arrival.
D. Loading Areas: There shall be no loading except in the taxicab loading zone, other areas designated for loading in the Airport Rules and Regulations, or areas specified by the Airport Director or his or her designee. Taxi will-call spaces (for prearranged trips) may be provided at the sole discretion of the Airport Director or his/her designee. Taxi will-call spaces, if provided, shall be excluded from the eleven (11) spaces designated in subsection C of this section.
E. Excessive Charges: It shall be unlawful for a taxicab driver or company to charge a passenger a fare that is excessive or otherwise in violation of section 3-13A-14 of this Code, as modified by section 8-3B-7 of this article. (1952 Code § 12-19-10)
8-3B-10: Revenue Shuttle Operation
A. Quality Of Service: Revenue shuttle companies shall at a minimum operate their vehicles, while on the Boise Airport, in a clean and orderly manner, and consistent with this Code and the Boise Airport Rules and Regulations. The Airport Director shall have the right to call to the attention of a company or a driver any violation of this Code or the rules and regulations required to be observed under section 8-3B-8 of this article or the Boise Airport Rules and Regulations.
B. Right To Accept Passengers: No revenue shuttle shall accept passengers at the Boise Airport unless it shall:
1. Payment Of Fee: Pay the fee for use of the revenue shuttle loading area established under section 8-3B-5 of this article;
2. Proper Position: Be in the proper position in the revenue shuttle loading area according to the Airport Director's designations;
3. Manifest: Be in possession of a manifest or other documentation of prearranged or prebooked passenger identities.
C. Revenue Shuttle Parking Area Operation: These spaces will be clearly designated for use by the Airport Director pursuant to section 8-3B-15 of this article for shared use by courtesy vehicles, revenue shuttles and regularly scheduled and chartered buses not publicly funded and operating on a fixed route.
1. Designated Parking: No revenue shuttle may dwell or park in the revenue shuttle parking area unless it is located in a space or area designated for that specific type of commercial vehicle use.
2. Dwell Time: No commercial vehicle may exceed forty five (45) minutes in dwell time in the revenue shuttle parking area; owners or operators whose vehicles exceed the maximum dwell time will be assessed a penalty of fifty cents ($0.50) per minute in excess of the maximum dwell time, an amount which shall be paid within thirty (30) days of written notice of the violation.
3. Number Permitted: No company may be allowed to have more than one revenue shuttle in the revenue shuttle loading area at one time, unless otherwise negotiated by contract.
D. Loading Zone: There shall be no loading except in the revenue shuttle loading zone. (1952 Code § 12-19-11)
8-3B-11: Driver Conduct
It shall be prohibited for any driver of a commercial vehicle to do any of the following:
A. Litter in or about the Boise Airport.
B. Solicit, induce or encourage passengers to accept transportation by any visual or manual device, unless the driver is seeking to establish contact with a prearranged or prebooked passenger or group of passengers.
C. Engage in verbal, uninvited solicitation of customers or passengers.
D. Park a commercial vehicle in any area other than that designated for that type of vehicle.
E. Loiter in the Boise Airport building, except that a driver may assist a passenger with luggage, or use the Boise Airport restaurant and restroom facilities.
F. Engage in any conduct or activity upon the Boise Airport grounds which is prohibited by title 5, chapter 2 of this Code, or the provisions of this article. (1952 Code § 12-19-12)
8-3B-12: Commercial Vehicle Condition
All commercial vehicles must be maintained in a clean and mechanically workable condition. Commercial vehicles with substantial body or interior damage are expressly prohibited from the Boise Airport grounds. Permits may be suspended, revoked or not renewed until such conditions are corrected. (1952 Code § 12-19-13)
The driver and company assume all responsibility for the safe and proper carriage and delivery of passengers, their baggage and personal effects, and agree to indemnify and hold the City and all employees harmless from and against any and all liabilities, demands, claims, suits, damages, causes of action, fines or judgments, including costs, attorney and witness fees and expenses incident thereto, for injuries to persons (including death) and for loss, damage or destruction to property arising out of or in connection with the operations permitted by this article, unless caused by the gross negligence or wilful misconduct of the City or its employees. (1952 Code § 12-19-14)
No driver or company shall assign any right granted by any permit issued pursuant to this article, unless the written consent of the Airport Commission is first obtained. (1952 Code § 12-19-15)
8-3B-15: Parking Requirements
All commercial vehicles, including other vehicles, whether or not a permit is required under this article, must stop or park only in the areas designated for such vehicle or class of vehicles by the Airport Director. (1952 Code § 12-19-16)
8-3B-16: Revocation Or Suspension Of Permit
Upon a determination that any permittee or other person has violated any law, rule or regulation established by the Boise Airport, any provision of this chapter, or any condition of a permit governed by this chapter, the Director may:
A. Initiate informal enforcement procedures including, but not limited to, issuing written orders or letters, or engaging in alternative dispute resolution;
B. Revoke or suspend the permit governed by this chapter; or
1. Every permit revocation or suspension shall be effective at twelve o'clock (12:00) midnight on the seventh day following the date written notice of the suspension or revocation is sent to the permittee.
2. Notice of revocation or suspension shall be deemed properly served if sent by United States Postal Service, certified mail, to the address on file with the airport that was provided by the applicant or permittee, or if hand served upon the permittee. A permittee's failure to accept, acknowledge, or receive notification of revocation or suspension shall not invalidate the revocation or suspension, provided notice was served as provided in this section.
3. Notice of revocation or suspension shall include the grounds upon which the revocation or suspension is based, and shall include a statement that informs the permittee of their right to appeal the revocation or suspension.
4. A third suspension in one (1) 12-month period shall be deemed a revocation.
5. Revocation shall be for a period of no more than one year. A permittee who has a permit revoked must reapply for a new permit after completion of the revocation period.
6. Suspension shall not exceed a period of one hundred eighty (180) days.
C. Pursue any other action authorized by law. (Ord. 3-17, 2-7-2017)
8-3B-17: Review Of Revocation Or Suspension Of Permit
A. Request For Review: Upon receipt of a notice of suspension or revocation, a permittee may request a review by the Director within ten (10) business days after the date the notice is mailed or otherwise delivered to the permittee.
B. Information Required: A request for a review shall contain the following information:
1. The name of permittee;
2. The airport permit number; and
3. The reasons for which the review is requested set forth with specificity.
C. Director Review: Upon receipt of a request for review, the Director shall:
1. Review the decision or action and any information submitted by a permittee; and
2. Communicate with the permittee if additional documentation or clarification is required.
D. Refusal To Consider: The Director will refuse to consider any request for review that is not received within ten (10) business days of the date of the notice of suspension or revocation.
E. Failure Of Permittee To Respond: If the permittee fails to respond to communication requests, the revocation or suspension shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.
F. Burden Of Proof: The permittee has the burden of proof and must establish that the decision to revoke or suspend the permit was arbitrary or capricious.
G. Review Decision With Permittee: The Director shall review the decision or action and the reasons therefor with the permittee. The permittee, in person, may present any evidence showing reason why the decision or action was arbitrary or capricious.
H. Failure To Appear: If a permittee fails to appear at the review, the Director shall uphold the suspension or revocation.
I. Written Decision; Time Limit: The Director's written decision will be issued within seven (7) business days of the review. The Director's written decision will include the reasons supporting the decision.
J. Effective Date Of Decision: The Director's decision shall become effective ten (10) business days after the date the written decision is mailed or hand delivered to the permittee.
K. Prohibited Review: The review shall not be conducted by the individual who issued the notice of revocation or suspension. (Ord. 3-17, 2-7-2017)
Any person violating any of the provisions of, or doing any act forbidden by, or failing to perform any act required in this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (Ord. 3-17, 2-7-2017; amd. 2019 Code)