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The use of EPAMDs are hereby prohibited, based upon the interest of safety, on all public property in the city except as specifically authorized by the provisions of this chapter. Public property, includes but is not limited to, all public ways, sidewalks, parks, plazas, bicycle paths and shared use paths owned by and/or under the care, custody and control of the city.
(CBC 1985 16-12.38A.2; Ord. 2011 c.8)
(A) In the city the use of EPAMDs in tour operations shall be permitted subject to licensure by the Police Commissioner for the city who shall have exclusive authority to license and promulgate regulations for the use of EPAMDs in such tour operations. Subject to such licensure and regulations, tour operators, their employees, customers and users may operate EPAMDs only on public streets in the city on routes approved by the Boston Transportation Department with a license issued by the Boston Police Department’s Hackney Division to use and/or operate EPAMDs under the minimum conditions and requirements as set forth in this Section. The Police Commissioner may establish additional conditions and requirements by rule or regulation consistent with his or her authority as Police Commissioner of the city. Such licenses approved by the Police Commissioner shall be granted for a term not exceeding one year but whenever granted they shall expire annually on March 1; such licenses may be renewed annually by the Police Commissioner and may at any time be revoked or suspended for cause by said Commissioner. The Police Commissioner shall determine appropriate fees for administering such licenses. Such license is nontransferable and authorizes only the named licensee and/or its customers to use and/or operate EPAMDs in accordance with the provisions of this Section. Such license shall be prominently displayed on the front of any EPAMD used and/or operated by a licensee within the city.
(B) Such minimum conditions and requirements shall be as follows.
(1) The proposed tour route and months, days and hours of operation must be pre-approved in writing by the Boston Transportation Department. Thereafter, there shall be no deviations from the approved tour route without prior written approval from the Boston Transportation Department.
(2) The tour operator shall provide an approved site for education and instruction on the operation and use of EPAMDs by its employees and customers. For purposes of this Section, customers shall include all tour patrons and users, whether or not consideration is paid for such use.
(C) All tour users or customers must be shown a safety video and provided with “hands on” EPAMD training by an experienced operator in a controlled area prior to such user physically operating an EPAMD on any public property in the city.
(D) Tour operators shall provide to their customers and/or users of EPAMDs a fact sheet issued by the city summarizing the provisions of this Subsection 16-12.38A and any applicable regulations authorized herein regulating licensed tour operators and EPAMD users. Tour operators shall ensure that every customer and/or user of an EPAMD on its tour shall acknowledge, sign and date the fact sheet prior to his or her use of an EPAMD. Tour operators shall retain such record of acknowledgment in accordance with the rules or regulations authorized to be promulgated hereunder.
(E) The maximum number of EPAMD users that can be included in any single tour is six, and one tour leader.
(F) Tour leaders/operators must be able to communicate with each other through the use of private communication devices (two-way radios, cellular phones or similar devices) and have available the use of rearview mirrors or other mirror device approved by the Boston Police Department.
(G) No rider under 14 years of age and/or 100 pounds in weight, and/or as limited by the applicant’s insurance company requirements, and/or pursuant to the EPAMD manufacturer’s specifications, shall be allowed on any tour.
(H) Tour leaders/operators must be at least 18 years of age and must be experienced in the use and operation of EPAMDs to give tours. Tour leaders or operators shall wear safety reflector vests, or other obviously visible clothing as may be approved by the Boston Police Department.
(I) No EPAMD shall be used or operated in excess of a maximum speed of eight miles per hour.
(J) Tours shall use only the public streets or roads of the city.
(K) No tour will be conducted or operated after dusk.
(L) Tours shall not enter any private property without prior permission from the owner.
(M) Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device.
(N) An EPAMD user shall yield the right-of-way to pedestrians and shall give an audible signal with a sounding device before overtaking and passing a pedestrian.
(O) All users or customers shall wear helmets during training and at all other times during the tour or at any time while on or operating an EPAMD.
(P) Users or customers shall not be permitted to operate an EPAMD while under the apparent influence of alcohol or drugs, including prescription drugs that impair the user’s ability to operate machinery, or in the event that the tour operator or employees have actual knowledge of the fact that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user’s ability to operate machinery.
(Q) All of the above requirements and conditions shall be explained and specifically described by the tour operator or employees to each user or customer prior to the use of an EPAMD by such user or customer.
(CBC 1985 16-12.38A.5; Ord. 2011 c.8)
An EPAMD may be used and operated on public property in the city; provided such EPAMD is used and/or operated by a person disabled for mobility purposes in accordance with all the requirements established in this Section.
(A) Inquiry into use of EPAMDs by persons who are disabled for mobility purposes.
(1) The city may ask any person using or operating an EPAMD on public property in the city to provide evidence that the person’s use or operation of the EPAMD is required because of his or her mobility disability. The city shall accept one or more of the following as evidence that a person’s use or operation of an EPAMD is required because of his or her mobility disability:
(a) A valid disability parking placard or card issued by the commonwealth, presented by a person at the time of his or her use or operation of the EPAMD;
(b) Any other valid proof of disability issued by the commonwealth, presented by a person at the time of his or her use or operation of the EPAMD; and
(c) A verbal representation by the person on, using or operating the EPAMD that his or her use or operation of the EPAMD is required because of his or her mobility disability. However, the city may assess any penalty or take any other action authorized under this Subsection 16-12.38A if such person’s verbal representation that his or her use or operation of the EPAMD is required because of his or her mobility disability is contradicted by observable fact, as determined by the city.
(2) Any person on, using or operating an EPAMD on public property in the city who is unable to present the required evidence of his or her mobility disability at the time of his or her use or operation of an EPAMD as described above and as determined by the city, shall be deemed in violation of the provisions of this Section.
(B) Groups of EPAMDs. Under no circumstances may any individual permitted to use EPAMDs under the provisions of this Subsection travel in a group of more than two on the sidewalks, public ways, parks or pedestrian ways and areas in the city. When traveling in a group of two EPAMDs, such individuals shall travel only in single file and shall not travel side-by-side in the city.
(CBC 1985 16-12.38A.5; Ord. 2011 c. 8)
Except for the advertisement of and dissemination of information about the tour operation, no person or tour operator shall, for the purpose of advertising goods, wares or merchandise for sale, while on and/or using an EPAMD in any street or on other public property in the city, carry and display any show card, placard or sign or distribute to persons for the purpose of advertising goods, wares or merchandise for sale, handbills, cards, circulars or papers.
(CBC 1985 16-12.38A.6; Ord. 2011 c. 8)
Any person violating the provisions of this Section shall be subject to a fine of $50 for a first offense and $100 for a second or any subsequent offense. In addition to the fines stated above, any tour operator violating the provisions of this Section shall be subject to a fine of $500 for each offense. Depending on the severity of the offense, as determined by the Boston Police Department, a violation of any of the provisions of this Section may also result in suspension or revocation of a tour operator’s license to use EPAMDs from the Boston Police Department’s Hackney Division.
(CBC 1985 16-12.38A.7; Ord. 2011 C.8)
The Boston Transportation Department and the Boston Police Department shall have the authority to enforce this Section. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections. The Boston Police Department shall have the authority to impound any EPAMD in violation of these Sections.
(CBC 1985 16-12.38A.8; Ord. 2011 c. 8)
The Commissioner of the Boston Transportation Department and the Commissioner of the Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections. Pursuant to St. 1949, c. 222, the Commissioner of the Boston Police Department may charge an appropriate fee for such services attendant to the registration and licensure process.
(CBC 1985 16-12.38A.9; Ord. 2011 c. 8)
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