16-12.38A.5 Limited Use of EPAMDs for Disabled Persons for Mobility Purposes.

   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)

16-12.38A.6 Use of EPAMDs for Advertising.

   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)

16-12.38A.7 Penalties.

   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)