[Rev. Ords. 1989, § 8-76; Ord.
of 6-28-2006(1), § 8-76]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor-driven cycle with a motor rated not more than 4.9
horsepower and not greater than 50 cubic centimeters, which is capable
of a maximum speed of not more than 30 miles per hour.
Two wheel vehicles which may be propelled by human power
or helper power, or both, with a motor rated not more than 4.9 horsepower
and not greater than 50 cubic centimeters, which are capable of a
maximum speed of not more than 30 miles per hour.
Tricycles which may be propelled by human power or helper
motor, or by both, with a motor rated no more than 1.5 brake horsepower
which is capable of a maximum speed of not more than 30 miles per
hour.
The use of motorized bicycles, motorized tricycles or motor
scooters where compensation in any form is received directly or indirectly
by the person who is the registered owner, lessor or sublessor of
such vehicle from the person using, hiring, leasing or renting such
vehicle.
[Rev. Ords. 1989, § 8-77; Ord.
of 6-28-2006(1), § 8-77]
No person, firm, or corporation shall, or offer for rent or
lease or allow to be rented or leased any motorized bicycle, motorized
tricycle or motor scooter within the Town unless and until the Town
Council issues a license in accordance with the provisions of this
article. Each licensee and applicant shall comply with all applicable
Town ordinances and laws of state.
[Rev. Ords. 1989, § 8-78; Ord.
of 10-21-1992(1); Ord. of 6-28-2006(1), § 8-78;
amended 2-19-2020 by Ord. No. 2020-01; 3-4-2021 by Ord. No. 2021-02]
Any person requesting a license hereunder shall make application
to the Town Council upon the following form, to be supplied by the
Town Clerk:
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License Application — Rental of Motorized Bicycles, Motorized
Tricycles and/or Motorized Scooters
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1.
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Applicant:_________________
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( ) Natural person(s)
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( ) Corporation
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( ) Partnership
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( ) Other _________________
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(Specify)
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2.
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Business address: _____________________________________________________
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3.
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If applicant is a corporation:
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State of incorporation ___________________________________________________
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Officers:
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President ____________________
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Vice President ________________
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Secretary ____________________
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Treasurer____________________
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Directors
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Shareholders (and percent interest of each shareholder):
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If applicant is a Rhode Island Corporation, attach a certificate
of good standing from the Rhode Island Secretary of State. If applicant
is a foreign corporation, attach a certificate of good standing from
the state of incorporation and a certificate of authority to transact
business in Rhode Island from Rhode Island Secretary of State.
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4.
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If applicant is a partnership, list all general and limited
partners:________________________
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5.
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Operating location:______________________________________________________
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a. The operating location shall be identified by submitting
a site plan, drawn to an acceptable engineering scale and containing:
parcel identification (Tax Assessor’s Map and Lot); ownership;
zoning classification; and identification of the exact location on
the premises and a GIS map of the premises where vehicles are to be
rented or leased. If applicant has entered into a lease for the property
from which mopeds, tripeds, and scooters are to be rented, attach
a copy of the lease agreement. (Note: If license is issued, it will
be issued for this location only.)
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b. The vehicle proficiency area shall be identified by submitting
a site plan, drawn to an acceptable engineering scale and containing:
parcel identification (Tax Assessor’s Map and Lot); ownership;
zoning classification; and identification of the exact location on
the premises and a GIS map of the premises where the applicant proposes
to operate a vehicle proficiency area where renters practice using
the vehicle before going onto state or Town roads.
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c. The applicant's plan for the off-season storage of vehicles
that complies with state law and Town ordinances.
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6.
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Insurance coverage for operators of rented mopeds, tripeds,
and scooters and insurance coverage for any liability of the applicant/lessor
for personal injury and/or property damage by reason of the rental
of the applicant's/lessor mopeds, tripeds, or scooters, not less than
$10,000 coverage for property damage per accident, $25,000 for injury
or death sustained by one person, and $50,000 for all personal injuries
or deaths resulting from one accident:
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Name of insurance carrier______________________________________
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Property damage_____________________________________________
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Personal damage_____________________________________________
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7.
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Describe type of (a) mopeds, (b) tripeds and (c) motor scooters
applicant intends to rent:
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8.
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(a) Number of vehicles and registration numbers as issued by
the State of Rhode Island and the Vehicle Identification Number as
issued by the manufacturer of each vehicle applicant intends to rent:_______________
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(b) As to each such vehicle, a certificate by duly authorized
state inspection facility indicating that any such vehicle passed
an annual inspection, as governed by rules promulgated by the Rhode
Island State Department of Transportation.__________________________________________________________
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9.
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Does applicant or any officer, director, shareholder or partner
thereof or any entity in which applicant is an ownership interest
or if applicant is an individual, any member of applicant's immediate
family have any other license to rent mopeds tripeds, or motor scooters
in the Town of New Shoreham or have any interest, direct or indirect,
in any other such license issued or applied for?
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Yes_____________ If yes, give details of license:________________________________
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No_____________
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10.
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If applicant is a corporation, do any shareholders own shares
of, or have any direct or indirect interest in, an existing corporation
licensee, or a corporation for which a license has been applied for?
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Yes_____________ If yes, name existing license:__________________________________
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No______________
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11.
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If applicant is a corporation, is any officer or director thereof,
an officer or director of an existing licensee?
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Yes_________ If yes, name existing license and office or directorship
held.______________
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No_____________
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12.
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Has applicant been convicted of any felony or misdemeanor within
the past five years?
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Yes_____________ If yes, specify: __________________________________________
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No_____________
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13.
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Has applicant been found to have violated any motor vehicle
law or code within the past five years?
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Yes_____________ If yes, specify:__________
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No_____________
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14.
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Has applicant been found to be in violation of any ordinances
of New Shoreham within the past five years?
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Yes_____________ If yes, specify:________________________________________
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No______________
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15.
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Does applicant give the Town Council permission to contact state
municipal authorities and applicant's insurance agent, broker, or
carrier to obtain information relating to this application? Yes__________
No__________
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16.
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If applicant has been issued a license by the State of Rhode
Island or the Town Council hereunder to rent motorized bicycles, motorized
tricycles or motor scooters the previous year, attach a copy of applicant's
financial statements. If applicant has been previously issued a license
by the State of Rhode Island or by the Town Council hereunder, attach
a copy of the license. If applicant has not previously been issued
a license, attach a copy of applicant's pro forma financial statements.
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17.
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Is this an ( ) original application?
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( ) renewal application?
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[Rev. Ords. 1989, § 8-79; Ord.
of 6-28-2006(1), § 8-79]
(a)
Within 30 days of the filing of an application for a license hereunder,
whether an original or renewal license, the Town Council shall take
action on the application pursuant to G.L. 1956, § 31-19.3-6
et seq. The Town Council shall consider the applications in the order
in which they are completed in accordance with this article.
(c)
In determining the fitness of the applicant to be licensed, hereunder, the Town Council shall consider all information set forth in the application to be filed pursuant to § 8-78 and the solvency, financial standing, insurance coverage and any other matter which the Town Council deems pertinent to safeguard the public interest, including without limitation, the condition of the applicant's premises for which a license is sought, the applicant's compliance with Town ordinances and the laws of Rhode Island and the safety record of persons renting mopeds, tripeds, or motor scooters from the applicant.
(d)
Each license shall permit the rental or lease of such vehicles at
one geographic location in which the rental of such vehicles is a
permitted use. Each license issued by the Town Council shall be valid
unless sooner revoked or suspended until the end of the calendar year
for which it is issued.
[Rev. Ords. 1989, § 8-80; Ord.
of 6-28-2006(1), § 8-80]
Upon the filing of an application for a license hereunder or
renewal thereof, the Town Clerk shall determine whether the application
is complete in accordance with the terms of this chapter. If the application
is incomplete, the Town Clerk shall forthwith notify the applicant
at the address contained in the application. When the application
is complete, the Town Clerk shall forward it to the Town Council for
action.
[Rev. Ords. 1989, § 8-81; Ord.
of 6-28-2006(1), § 8-81]
(a)
Each license issued by the Town Council shall specify:
(1)
The name and address of the license holder;
(2)
The type of vehicle(s) which the licensee is authorized to rent or
lease;
(3)
The location of the premises from which the licensee is authorized
to rent or lease vehicles;
(4)
The total number of motorized bicycles, motorized tricycles, and/or
motorized scooters which the licensee is authorized to rent or lease;
and
(5)
Such provisions or stipulations which shall be included in the lease
agreement that the lessee has been informed of the Town's ordinance
prohibiting use of the vehicle on unpaved roads and other applicable
Town ordinances and state laws and regulations relating to operation
of motorized bicycles, motorized tricycles, and motorized scooters.
(b)
Prior to issuance of the license, the licensee shall present to the Town Clerk a certificate stating that the licensee has insurance coverage in effect in the amounts required by § 8-78. If such coverage is cancelled by the licensee's insurer, the licensee or its insurer shall promptly notify the Town Clerk.
[Rev. Ords. 1989, § 8-82; Ord.
of 6-28-2006(1), § 8-82]
Each licensee shall be issued an identification tag for each
authorized motorized bicycle, motorized tricycle, or motorized scooter
which tag shall be affixed to an authorized vehicle in a conspicuous
place. Each tag shall contain the Town license number and, at the
option of the Town, the name of the licensee and the licensee's vehicle
number. No vehicle shall be rented or leased unless one of the tags
is affixed thereto.
[Rev. Ords. 1989, § 8-83; Ord.
of 6-28-2006(1), § 8-83;
amended 2-19-2020 by Ord. No. 2020-01]
(a)
Each license may be renewed on or after the first of each year, by
application made as provided in (b) below. An applicant who is granted
a license shall obtain the license from the Town Clerk within 30 days
of the granting of same or May 1 of the year for which the license
is granted, whichever is later. Otherwise the license may be revoked
by the Town Council.
(b)
Each licensee who seeks to renew a license shall submit an application in the form set out in § 8-78 between November 15 and December 1 of the year in which the license was issued. Licensees seeking renewal of their licenses and who comply with this section in a timely fashion shall be given preference for the following year over applicants on the waiting list.
(c)
In determining the fitness of the applicant to have the applicant's license renewed hereunder, the Town Council shall consider all information set forth in the application to be filed pursuant to § 8-78 and the solvency, financial standing, insurance coverage and any other matter which the Town Council deems pertinent to safeguard the public interest, including without limitation, the condition of the applicant's premises for which a license is sought, the applicant's compliance with Town ordinances and the laws of Rhode Island and the safety record of persons renting mopeds, tripeds, or motor scooters from the applicant.
[Rev. Ords. 1989, § 8-84; Ord.
of 6-28-2006(1), § 8-84]
Upon issuance of any new license or renewal of any license,
the licensee shall pay to the Town a fee which is on file in the Town
Clerk's office per authorized motorized bicycle, motorized tricycle
and motorized scooter.
[Rev. Ords. 1989, § 8-85; Ord.
of 6-28-2006(1), § 8-85]
The Town shall maintain a waiting list of applicants for licenses
under this article. Applicants who are denied licenses because of
the unavailability of additional licenses to be issued under this
article shall be placed on the waiting list in the order in which
applications are acted upon by the Town Council. When a license becomes
available, the applicant first on the waiting list shall be considered
next for a license, subject to the provisions of this article limiting
the number of licenses which may be issued hereunder as shall then
be effective. During the month of November of each year, the Town
Clerk shall contact each applicant on the waiting list at the address
as given on the application to determine whether the applicant still
seeks a license. The application shall be updated each year on or
before December 1.
[Rev. Ords. 1989, § 8-86; Ord.
of 2-21-1996(2); Ord. of 6-28-2006(1), § 8-86]
The number of licenses for rental of motorized bicycles, motorized
tricycles, and motorized scooters to be issued by the Town shall not
exceed five per year.
[Rev. Ords. 1989, § 8-87; Ord.
of 10-17-1994; Ord. of 7-24-1997; Ord. of 6-28-2006(1), § 8-87]
The number of motorized bicycles, motorized tricycles or motorized
scooters which a licensee shall be permitted to rent or lease shall
not exceed 34 in total.
[Rev. Ords. 1989, § 8-88; Ord.
of 10-5-1992; Ord. of 6-28-2006(1), § 8-88;
amended 2-19-2020 by Ord. No. 2020-01]
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Editor's Note: Pursuant to case # WC-2021-0063, Ord. No. 2021-02
was removed from this section.
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Motorized bicycles, motorized tricycles and motorized scooters
may be rented or leased only between the hours of 9:00 a.m. and 6:00
p.m. and operation of these vehicles may only occur between the hours
of 9:00 a.m. and 8:00 p.m.
[Rev. Ords. 1989, § 8-89; Ord.
of 6-28-2006(1), § 8-89]
All motorized bicycles, motorized tricycles, and motorized scooters
offered for rent or lease by a licensee hereunder shall be registered
in the Town at the licensee's business address on Block Island.
[Rev. Ords. 1989, § 8-90; Ord.
of 11-18-1992; Ord. of 6-28-2006(1), § 8-90;
amended 2-19-2020 by Ord. No. 2020-01]
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Editor's Note: Pursuant to case # WC-2021-0063, Ord. Nos. 2021-02
and 2021-03 were removed from this section.
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Each licensee shall make available to persons renting motorized bicycles, motorized tricycles, and motorized scooters eye protection and helmets of the type approved by the state as set forth in rules and regulations promulgated in accordance with G.L. 1956 § 31-10.1-4. Each licensee shall comply with § 18-24 of this ordinance, and all applicable laws and regulations of the State and its agencies including Rhode Island General Laws §31-41.1-4, which provides: any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate foot-rest, and an appropriate handlebar or grip for his or her use, and must wear a properly fitting helmet of a type approved by the division of motor vehicles. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger on it wears a helmet and is able to rest his or her feet upon a foot-rest. Any passenger on a motorcycle, motor scooter, or motor-driven cycle under twelve (12) years of age must have a properly secured back-rest or equivalent, shall have his or her feet placed upon the foot-rest, and shall be seated behind the operator unless a side car is provided. When, however, a side car is provided this age requirement shall not apply to any passenger(s) in the side car. Violations of this section are subject to fines enumerated in § 31-41.1-4.
[Rev. Ords. 1989, § 8-91; Ord.
of 6-28-2006(1), § 8-91]
No person shall rent or lease a motorized bicycle, motorized
tricycle, or motorized scooter unless they have a valid operator's
license under G.L. 1956, § 31-10-1 or similar laws of another
jurisdiction.
[Rev. Ords. 1989, § 8-92; Ord.
of 6-28-2006(1), § 8-92]
A license issued pursuant to this article is not transferable.
[Rev. Ords. 1989, § 8-93; Ord.
of 6-28-2006(1), § 8-93]
31-19.3-10 shall apply to the denial, suspension or revocation
of licenses. If the Town Council shall deny an application for renewal
of a license or shall suspend or revoke a license, no license in the
place and stead of such license shall be issued until all appeals
from such action of the Town Council shall be finally determined.
[Rev. Ords. 1989, § 8-94; Ord.
of 6-28-2006(1), § 8-94]
No person shall hold more than one license for the rental of
motorized bicycles, motorized tricycles, and motorized scooters. No
officer, director, shareholder, partner or member of the immediate
family of an existing licensee or any person who has an ownership
interest, direct or indirect in an existing license shall be granted
a license hereunder. No license shall be issued to a corporation if
an officer, director or shareholder of the applicant is also an officer,
director or shareholder of an existing corporate license.
[Ord. of 6-28-2006(1), § 8-95]
This ordinance shall take effect upon passage.
