[Adopted 3-29-1988 STM by Art. 23, approved 7-28-1988[1]]
[1]
Editor's Note: This bylaw repealed former
Art. III, Renting of Mopeds, adopted 4-4-1978] ATM by Art. 15, approved
8-21-1978, and former Art. IV, Licensing of Rental Agencies, adopted
4-3-1984 ATM by Art. 23, approved 8-24-1984.
The purpose of this Article III is to limit or prevent serious injuries to persons and to property, as has happened in the past on Nantucket Island, resulting from the unregulated rental of motorized bicycles, as defined by Chapter 90 of the General Laws, and to direct and manage the prudential affairs of Nantucket, to preserve the peace and good order, to maintain the internal police and to enhance and protect the public health and welfare of the citizens of Nantucket and visitors to Nantucket Island.
The following words shall, for the purposes of this Article III, have the following meanings:
Any protective headgear conforming with such minimum standards
of construction and performance as the Registrar of Motor Vehicles
prescribes.
The definition as set forth in MGL c. 90, § 1.
A person, business or corporation engaged in the business
of renting, leasing or keeping for rent any motorized bicycle.
To grant or obtain the use, possession or enjoyment of a
motorized bicycle 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.
A.
No person, business or corporation shall engage in
the business of renting, leasing or keeping for rent any motorized
bicycle without first being issued annually a one-year license by
the Select Board of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
The initial application filing fee shall be $25; the
license fee, upon approval of application, will be $2,500.
C.
All licenses shall issue on or before April 30 of
each year and expire April 30 of the succeeding year.
D.
The application, when filed, shall contain the following
information:
(1)
A certificate of inspection from the Building Commissioner.
(2)
A certificate indicating that all such motorized bicycles
that will be offered for rental have been registered as of the date
of application and listing each such motorized bicycle, stating the
total number of such bicycles, color, make, model and identification
numbers (company/manufacturer's serial number or Massachusetts decal
registration number).
(3)
A certificate of insurance indicating the existence
of at least 10-20-10 compulsory insurance for each such motorized
bicycle or production of letters from two duly established insurance
suppliers which verify that such insurance is not available.
[Amended 11-13-1990 STM by Art. 36, approved
3-19-1991]
(4)
A written description of planned operations for the
year's activities, including a description of planned training programs
for renters and other safety-related plans.
E.
No such license shall issue unless the Select Board
is satisfied, after investigation, that the applicant has a place
of business suitable for such a purpose and has an operation that
provides for the safety of the operators of such motorized bicycles.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
F.
The license herein described shall not be transferable,
and licenses not used during one year's time shall be null and void.
All persons engaged in the business of renting
motorized bicycles to members of the public shall:
A.
Maintain an inventory of helmets equivalent to the
inventory of motorized bicycles maintained by such persons.
B.
Supply a number of helmets to each person renting
a motorized bicycle as is equivalent to the passenger-carrying capacity
of said motorized bicycle.
C.
Require each person renting a motorized bicycle to
execute, as part of the agreement setting forth the terms and conditions
as part of the rental thereof, a clause by which said person agrees:
D.
Affix to each motorized bicycle available for rental
a numbered Nantucket rental agency registration decal on the rear
fender.
E.
Maintain a register of rentals, including records
of all accidents involving each such rental.
F.
Post conspicuously at the rental agency's premises the license issued pursuant to § 57-9 hereof and also a copy of MGL c. 90, § 1B, as such statute may then read, and any Special Act of the Legislature that includes any regulation of motorized bicycles within the limits of the Town or County of Nantucket.
G.
Supply each operator with a map of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Prior to June 1 of each year, the Chief of Police shall designate a Moped Enforcement Officer assigned for law enforcement with respect to motorized bicycles, if such personnel is available. Each license holder shall pay as an additional license fee, in addition to the fee of $2,500 described in § 57-9 of this article, an amount determined by the Select Board annually on the basis of a determined fee per motorized bicycle. Such additional fee shall be held by the Town Treasurer and expended for this purpose only.
[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
Criminal violations of this section may be enforced
as provided by MGL c. 40, § 21. A penalty of $300 shall
be imposed for each criminal violation. As an alternative to initiating
criminal proceedings, violations of this article may be enforced,
in the manner provided in MGL c. 40, § 21D, by any state
or local law enforcement official, in which case a penalty of $25
shall be imposed for each violation of this article. Each day that
a violation occurs shall be deemed a separate violation; each rental
transaction made in violation of this article shall be deemed a separate
offense. In addition to such penalties, any violation of these regulations
may result in the suspension or revocation of the agency license,
in accordance with the following: first offense, one-week suspension
of license; second offense, two-week suspension of license; third
offense, three-week suspension of license; fourth offense, one-year
suspension of license.
