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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)
(A) Definition of pedicabs. For the purpose of this Subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PEDICAB. A bicycle-like vehicle that has at least three wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is propelled by an individual or individuals and that is used for transporting passengers for hire.
(B) Operation of pedicabs.
(1) Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to ride or operate a pedicab upon public property in the city without a license for the vehicle from the Boston Police Department’s Hackney Division. The vehicle’s license must be renewed annually and a fee as determined by the Boston Police Commissioner shall apply. Public property includes, but is not limited to, all streets, sidewalks, parks, plazas or any area under the care, custody and control of the city. Notwithstanding the above, an additional license from the Parks Commission may be required to operate within certain public property.
(2) Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to ride or operate a pedicab upon public property in the city without a license to operate a pedicab from the Boston Police Department’s Hackney Division. The operator’s license must be renewed annually and a fee as determined by the Boston Police Commissioner shall apply.
(3) No person may operate a pedicab in the city unless the person possesses a valid driver’s license.
(4) No person may operate a pedicab in the city unless the proposed route and times of operation have been approved by the Boston Transportation Department.
(5) No person may place into service or operate any pedicab or other like vehicle, three wheeled or otherwise, with a fixed bench or trailer, unless approved by the Police Commissioner and inspected for condition and proven to be safe and roadworthy.
(C) Penalties. An individual who violates division (B) above shall be subject to a fine of $500 for a first offense and $1,000 for any subsequent offense, but a court may authorize public service in lieu of all or part of this fine. Depending upon the severity of the offense, a violation of any rule or regulation regarding the operation of such a pedicab may also result in suspension or revocation of the pedicab owner’s license to operate from the Boston Police Department’s Hackney Division.
(D) Enforcement. The Boston Transportation Department and the Boston Police Department shall have the authority to enforce those Sections. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce this Section. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections.
(E) Regulatory authority. 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.
(F) Severability. The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of the court shall not affect or impair any remaining Section, part of portion thereof.
(CBC 1985 16-12.39; Ord. 2007 c. 6)
(A) Definition of party bikes. For the purpose of this Subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PARTY BIKE. A bicycle-like vehicle that has at least three wheels, where some seats are not facing the direction of travel, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is propelled or is capable of being propelled, by more than one individual, that has a frame that is more than 5 feet in width, and that is used for transporting passengers for hire.
(B) Operation of party bikes prohibited. Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to use, ride or operate a party bike upon public property in the city. Public property includes, but is not limited to, all streets, sidewalks, parks, plazas or any area under the care, custody and control of the city.
(C) Penalties. An individual who violates division (B) above shall be subject to a fine of $500 for a first offense and $1,000 for any subsequent offense, but a court may authorize public service in lieu of all or part of this fine.
(D) Enforcement. 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 this Section. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections.
(E) Regulation authority. 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.
(F) Severability. The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of the court shall not affect or impair any remaining Section, part or portion thereof.
(CBC 1985 16-12.40; Ord. 2007 c. 6)
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