[Adopted 9-22-1998 (§ 12-30 of the 1988 Code)]
No person shall use, and no parent or guardian of a minor shall knowingly permit a minor to use, any bicycle, skateboard, roller skates (in-line or other type) or roller blades on any public sidewalk or on any publicly or privately owned property on which signs have been posted prohibiting the use of such bicycles, skateboards, roller skates or roller blades as such streets or areas are listed in §
110-4 hereof.
[Amended 10-7-2014]
Any person who violates the provisions of this
article, and the parent or guardian of any minor charged with such
a violation, shall be given a written notice of violation for a first
offense. Willful violations of this article shall be subject to arrest
under the provisions of MGL c. 272, § 59, and the skateboard
and bicycle may be seized. Upon arrest and/or criminal complaint for
a second or subsequent offense of which any person, or parent or guardian
of a minor, is found guilty, the penalty shall be $50.
[Amended 10-7-2014]
Any person who violates the provisions of this article may be penalized by noncriminal disposition as provided under §
1-6 of the Code and MGL c. 40, § 21D, as amended. This article shall be enforced by a police officer of the City of Lowell who shall issue a notice to appear in court. The penalty for the first violation shall be $50, and any subsequent violation shall be $100.
As used in this article, the following terms shall have the
meanings indicated:
BIKE SHARE SERVICE
Any for-profit or nonprofit enterprise which provides unsupervised
bicycle rentals to individual consumers for short-term uses, including
commuting, tourism, recreation, and other point-to-point travel, utilizing
membership programs, mobile device applications, or unstaffed rental
equipment including docking stations.
DOCK-BASED BIKE SHARE
Any bike share service which operates by providing access
to inventory at fixed dock locations where shared bicycles (and only
the operator's shared bicycles) are secured and may be accessed and
returned by users through appurtenant unstaffed pay stations or mobile
devices.
FREESTANDING BIKE SHARE
Any bike share service which operates by providing access
to inventory at any specifically permitted or otherwise authorized
public or private property location within the City of Lowell independent
of a dedicated dock station, including public ways and public and
private bicycle racks.
PUBLIC WAY
For the purposes outlined herein, any public street, sidewalk,
or path owned, controlled, or operated by the City of Lowell.
As a novel commercial enterprise utilizing the public way and
likely public areas for storage/access to its inventory, applicants
shall only be considered for a license following a competitive procurement
process consistent with the requirements of MGL c. 30B.
Applicants shall pay an annual $300 fee for a license for bike
share operation after the conclusion of the pilot program.