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:
HELMET
Any protective headgear conforming with such minimum standards
of construction and performance as the Registrar of Motor Vehicles
prescribes.
RENTAL AGENCY
A person, business or corporation engaged in the business
of renting, leasing or keeping for rent any motorized bicycle.
RENT or RENTING
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.
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:
(1) To wear helmet at all times of operation of the motorized
bicycle.
(2) Not to operate a motorized bicycle with more than
the passenger-carrying capacity of said motorized bicycle riding thereon.
[Amended 11-13-1990 STM by Art. 36, approved
3-19-1991]
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.