[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.]
[1]
Editor's Note: The home rule petition was
approved by the General Legislature 7-24-1989, Ch. 266 of the Acts
of 1989.
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]
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.
[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]
[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.
[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).
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.
[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.
[Added 4-10-2000 ATM by Art. 52, approved
8-2-2000; amended 4-15-2003 ATM by Art. 65, approved 6-30-2003]
