Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 5-17-1988 by Art. 109, approved 9-28-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Moped rental agencies — See Ch. 57, Art. III.
[1]
Editor's Note: The home rule petition was approved by the General Legislature 7-24-1989, Ch. 266 of the Acts of 1989.

§ 58-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BATTERY ELECTRIC VEHICLE
A motor vehicle propelled by a motor powered by electrical energy from rechargeable batteries or other source onboard the vehicle.
[Added 4-4-2011 ATM by Art. 77, approved 7-26-2011]
MOTOR VEHICLE
The same meaning as defined in the General Laws.
RENTAL AGENCY
A person, business or corporation engaged in the Town of Nantucket in the business of renting, leasing or keeping for rent any motor vehicle.
[Amended 4-15-2003 ATM by Art. 65, approved 6-30-2003]
RENTAL or LEASE
To grant or make available the use, possession or enjoyment of a motor vehicle for an agreed period of time in exchange for an agreed payment, whether or not such transaction is a separate agreement in itself or is part of a broader agreement between the parties thereto.
[Amended 4-15-2003 ATM by Art. 65, approved 6-30-2003]

§ 58-2 License required to rent or lease vehicles; sticker required on rental vehicles.

No person, business or corporation shall engage in the business of renting, leasing or keeping for rent or lease any motor vehicle without first being licensed annually by the Board of Selectmen to do so. It shall be unlawful for any motor vehicle to be rented, leased or made available for rental or lease in the Town of Nantucket without such motor vehicle displaying a rental sticker affixed to the rear bumper pursuant to this chapter.

§ 58-3 Annual fee; issuance of licenses and stickers.

[Amended 4-14-1997 ATM by Art. 54[1]]
A. 
Each application for a rental agency license shall be accompanied by a nonrefundable application fee as established by the Board of Selectmen. The application shall include a listing of the registration number of each motor vehicle available or to be available for lease for the year in which the license is to be valid. Licenses for rental agencies shall be issued on a calendar-year basis and shall be issued after payment of an annual fee of $100 per rental motor vehicle; provided, however, that no payment of such fee shall be required for a motor vehicle upon which an excise has been assessed, levied and paid to the Town of Nantucket under the provisions of Chapter 60A of the General Laws. The Board of Selectmen shall issue a license to each approved applicant, which shall be posted in a conspicuous manner at the place of business.
[Amended 4-14-1997 ATM by Art. 55, approved 8-5-1997]
B. 
The total number of motor vehicles available for lease on the island of Nantucket shall not exceed 700. The Board of Selectmen shall issue each rental agency one rental vehicle medallion (RVM) for each motor vehicle listed in its 1996 application and which received a rental sticker. Each RVM constitutes the nonexpiring right to lease one motor vehicle. A rental agency shall possess one RVM for each motor vehicle listed in its application beginning in 1998.
[Amended 4-13-1998 ATM by Art. 54, approved 7-31-1998; 4-10-2000 ATM by Art. 53, approved 8-2-2000]
C. 
Upon issuance of the license, the Board of Selectmen shall provide one annual rental sticker for each motor vehicle listed in the approved application, which shall be affixed by the licensee to the left rear bumper of each motor vehicle so listed. Each sticker shall recite the registration number of the vehicle to which it is affixed.
D. 
RVM's are transferable, with or without consideration, to any other rental agency or entity. Such transfers may be made whenever, and to the extent that, the number of RVM's held by the transferor exceeds the number of unexpired annual stickers issued to the transferor. A transfer shall be effective upon written notice of the transfer, by the transferor, to the Board of Selectmen. Should a rental agency surrender its RVM rights to the Board of Selectmen, or should the Board of Selectmen possess surplus RVM's from any other cause, these RVM's may be retained by the Town and/or may be re-issued at a fee to be established from time to time by the Board of Selectmen. Any RVM's not obtained by any rental agency by the end of any calendar year shall be considered surplus as of January first and may be retired by the Town at that time.[2]
[Amended 4-12-2004 ATM by Art. 53, approved 9-3-2004]
[2]
Editor's Note: Former Subsection E, regarding the expiration date of Subsections B and D above, as amended, which immediately followed this subsection, was repealed 4-15-2003 ATM by Art. 65, approved 6-30-2003.
[1]
Editor's Note: In accordance with MGL c. 40, § 32, these changes became effective by reason of failure of the Attorney General to act.

§ 58-3.1 Licensee to pay fees.

[Added 4-10-1995 ATM by Art. 60, approved 5-22-1995]
No license pursuant to this chapter shall be issued unless or until the applicant shall have paid to the Town all lease or rental transaction surcharges established by MGL c. 90, § 20E(i).

§ 58-4 Nontransferability.

The license shall not be transferable between businesses, persons or corporations, nor between location of business premises; individual motor vehicle stickers shall not be transferable between different motor vehicles.

§ 58-5 Violations and penalties.

[Amended 4-14-2005 ATM by Art. 56, approved 8-5-2005]
Violations of this chapter shall be punishable by a fine of $300, each day being considered a separate offense.

§ 58-6 Vehicles with controls for disabled.

[Added 4-10-2000 ATM by Art. 52, approved 8-2-2000; amended 4-15-2003 ATM by Art. 65, approved 6-30-2003]
Any rental motor vehicle equipped with controls for the disabled and used by a disabled person shall not be required to have a rental vehicle sticker, without regard to the requirements and limitations of § 58-3B, C and D of this Code.

§ 58-7 Electric vehicles.

[Added 4-4-2011 ATM by Art. 77, approved 7-26-2011]
The Board of Selectmen may develop an exemption for up to 10 battery electric vehicles from the rental vehicle sticker, without regard to the requirements and limitations of § 58-3B, C and D of this Code.