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(A) If it is determined that a violation has occurred the Office of Environment, Energy and Open Space shall issue a warning notice to the retail establishment for the initial violation.
(B) If an additional violation of this Section has occurred within one year after a warning notice has been issued for an initial violation, the Chief shall issue a notice of violation and shall impose a penalty against the retail establishment.
(C) The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:
(1) Fifty dollars for the first offense; and
(2) One hundred dollars for the second offense and all subsequent offenses. Payment of such fines may be enforced through civil action in the commonwealth District Court.
(D) Whoever violates any provision of this Section may be penalized by a noncriminal disposition as provided in M.G.L. Chapter 40, Section 21D. For purposes of this Section, the Chief of Environment, Energy and Open Space, or his or her designee, shall be the enforcing person.
(CBC 1985 17-20.4; Ord. 2017 c. 9)
(A) The Chief may exempt a retail establishment from the requirements of this chapter for a period of one year upon a finding by the Chief that the requirements of this chapter would cause undue hardship to a retail establishment. An “undue hardship” shall be found only in:
(1) Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to bags that are not recyclable paper bags, compostable plastic bags or reusable bags;
(2) Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right; or
(3) Circumstances where a retail establishment requires additional time in order to draw down an existing inventory of single-use plastic check out bags. Any retail establishment receiving an exemption shall file with the Chief monthly reports on inventory reduction and remaining stocks.
(B) Any retail establishment shall apply for an exemption to the Chief using forms provided by the Department, and shall allow the Chief, or his or her designee, access to all information supporting its application.
(C) The Chief may approve the exemption request, in whole or in part, with or without conditions.
(D) The Chief, by regulation, may establish a fee for exemption requests.
(CBC 1985 17-20.5; Ord. 2017 c. 9)
It is the intention of the Boston City Council that each separate provision of this Section shall be deemed independent of all other provisions herein, and it is further the intention of the Boston City Council that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this Section shall remain valid and enforceable.
(CBC 1985 17-20.7; Ord. 2017 c. 9)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY COMMITTEE. The Small Vehicle Sharing Business Advisory Committee.
COMMISSIONER. The Commissioner of the Boston Transportation Department, or his or her designee.
SMALL VEHICLE. Any wheeled device used for transporting persons or goods, whether or not powered in any part by a motor; any electric vehicle; any vehicle powered by autonomous technology; or such other similar vehicles as may be defined by regulation. A SMALL VEHICLE does not include a vehicle that must by law be registered with the commonwealth. Nor does it include electrical personal assistive mobility devices as defined by Subsection 16-12.38A et seq.
SMALL VEHICLE SHARING BUSINESS. A business that provides access to a fleet of ten or more small vehicles available for rent or delivery service on a self-service basis at geographically distributed locations, including the public right-of-way. SMALL VEHICLE SHARING BUSINESSES do not include publicly-maintained or publicly owned small vehicle sharing systems.
VEHICLE SHARING BUSINESS.
(1) The business of making available to all pre-approved members access to a network of vehicles that are required to be registered with the commonwealth:
(a) In exchange for an hourly, daily or weekly rate (or fractions thereof) and/or at rates that vary by time or by time and distance; and
(b) In geographically distributed locations and available for pick-up by members on a self-service basis without assistance, key exchanges or hand-offs with the vehicle owner, operator, lot, stations or garage or any other paid or contracted personnel.
(2) VEHICLE SHARING BUSINESSES. shall not include “Transportation Network Companies” as defined by M.G.L. Chapter 159A½.
(CBC 1985 17-21.1; Ord. 2019 c. 3 § 1)
(A) No person or entity shall operate a small vehicle sharing business except pursuant to a license issued by the Commissioner. A license to operate such a business may be issued upon:
(1) Completion of such application as required by the Commissioner setting forth the required information to determine qualification under any standards and requirements as may be established; and
(2) Determination by the Commissioner that the applicant’s proposal meets such standards and requirements, which may take into account the applicant’s past conduct in the city prior to the passage of this Section, and that the issuance of such license complies with applicable law and contractual arrangements.
(B) Small vehicle sharing businesses shall ensure that their small vehicles comply with all applicable federal and commonwealth law and regulations.
(CBC 1985 17-21.2; Ord. 2019 c. 3 § 1)
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