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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
17-1 LICENSING AND REGULATION OF ABORTIONS AND ABORTION CLINICS.
17-2 GASOLINE SERVICE STATIONS.
17-3 HAYMARKET-BLACKSTONE MARKET.
17-4 JUNK DEALERS, WEIGHERS AND MEASURERS.
17-5 MINORS’ LICENSES.
17-6 MISREPRESENTATION IN CONNECTION WITH JOB INCENTIVE PROGRAMS.
17-7 REAL ESTATE; REGULATION OF CERTAIN ACTIVITIES.
17-8 REGISTRATION OF KEEPERS OF SHOPS FOR BARTER, RENTAL OR SALE OF PRINTED MATTER OR MOTION PICTURE FILMS RESTRICTED TO ADULTS.
17-9 RECOMBINANT DNA TECHNOLOGY; USE REGULATIONS.
17-10 PERMITTING AND REGULATION OF MOBILE FOOD TRUCKS.
17-11 RESERVED.
17-12 SAFETY CONTROL MEASURES IN EVENT OF GAS LEAK OR OTHER EMERGENCIES.
17-13 THEATRICAL EXHIBITIONS AND PUBLIC AMUSEMENTS.
17-14 TRANSIENT VENDORS.
17-15 TRANSPORTATION OF HAZARDOUS MATERIALS BY MOTOR VEHICLE; REGULATIONS.
17-16 TRANSPORTATION OF HAZARDOUS MATERIALS BY RAIL; NOTIFICATION OF FIRE COMMISSIONER.
17-17 PRUDENTIAL AFFAIRS AND INTERNAL POLICE; REGISTRATION OF CERTAIN ARMED SECURITY GUARDS AND LICENSURE AS SPECIAL POLICE OFFICERS OPERATING IN A PUBLIC PLACE.
17-18 REGULATING THE PRACTICE OF BRINGING THEIR OWN ALCOHOLIC BEVERAGES ONTO THE PREMISES.
17-19 REGULATING ACOUSTIC LIVE ENTERTAINMENT.
17-20 REDUCTION OF CHECKOUT BAGS BY RETAIL ESTABLISHMENTS.
17-21 LICENSING AND REGULATING SHARED MOBILITY BUSINESSES.
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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17-21.5   Authority over Small Vehicle Sharing Businesses.
   (A)   Limits on small vehicles. The Commissioner may by regulation limit the total number of types of small vehicles available for rent by small vehicle sharing businesses based upon issues such as safety, accessibility of the public way, geographic availability and usage rates. The Boston Transportation Department shall evaluate this limit, from time to time, to determine whether the limit should be adjusted.
   (B)   Limits on licenses. The Commissioner may, from time to time, set a limit on the number of total licenses that may be issued or renewed per year. The Commissioner’s authority to limit the total number of licenses shall also include the ability to issue licenses for a defined period of time as “pilot licenses”, in order to assess the impact of small vehicle sharing businesses and inform the promulgation of regulations.
   (C)   Licensing. In the city, small vehicle sharing businesses shall be subject to licensure by Commissioner and the minimum requirements provided in this chapter. The minimum requirements shall be as follows.
      (1)   Small vehicles for rent by small vehicle sharing businesses shall not obstruct crosswalks, curb ramps, fire hydrants, building ingress or egress, public utilities or as otherwise directed within the city’s Traffic Rules and Regulations.
      (2)   Small vehicle sharing business applicants shall submit a safety plan, which outlines their plan to inspect, maintain and replace, when appropriate, their small vehicles and how they plan to meet applicable federal and commonwealth laws. The safety plan shall also include a proposal to educate the public on proper and safe usage of their small vehicles. The safety plan shall also include a proposal and commitment to ensure safe parking of such small vehicles. The safety plan must be presented to the Advisory Committee and approved by the Boston Transportation Department.
      (3)   Small vehicle sharing business applicants shall submit their proposed area(s) of service. Such proposed area(s) shall be subject to approval and revision by the Boston Transportation Department.
      (4)   Small vehicle sharing businesses shall have the ability to remove their small vehicles in advance of a snow emergency or other extreme weather, in advance of major events or as otherwise directed by the Boston Transportation Department.
      (5)   Small vehicle sharing businesses shall have the ability to remotely lock-down individual small vehicles when they are deemed or reported to be unsafe, in advance of a snow emergency or other extreme weather, in advance of major events, when located outside approved service areas or as otherwise directed by the Boston Transportation Department.
      (6)   The maximum speed of small vehicles made available by a small vehicle sharing business shall not exceed 15 mph.
      (7)   Small vehicles for rent by small vehicle sharing businesses shall clearly display a unique, permanent identification number that is provided to the city.
      (8)   Small vehicle sharing businesses shall maintain a website that explains the terms of service, including user instructions, privacy policies and all fees, costs, penalties and charges, including those specific to the city. Such information shall be available in the languages required by the Communications Access Coordinator, as established in Section 6-10. The website shall include the phone number for a 24-hour, seven-day-a-week customer service hotline.
      (9)   Small vehicle sharing businesses shall indemnify and hold harmless the city from and against any and all loss arising out of or resulting from their small vehicles. Small vehicle sharing businesses shall also hold insurance, as may be required by the Commissioner.
      (10)   Small vehicle sharing businesses shall be required to meet with community and business groups, as directed by the Commissioner in consultation with the Advisory Committee, ahead of launching service.
   (D)   Application fee. The application fee for a license or a renewal of a license for the operation of a small vehicle sharing business shall be $500.
   (E)   Annual fee. An annual fee as set by the Commissioner shall be required for the issuance or renewal of a small vehicle sharing business license.
   (F)   Transfers. No person holding a small vehicle sharing business license shall sell, lend, lease or in any manner transfer such license for value. However, a license holder may transfer the license as part of the sale of a majority of the stock in a corporation holding such license, as part of the sale of a majority of the membership interests of a limited liability company holding such license, or as part of the sale of a business or substantially all of its assets; provided that prior to any such transfer, the transferor shall notify the Boston Transportation Department in writing and the transferee shall submit an application for approval pursuant to Subsection 17-21.2(A).
   (G)   Regulatory authorities. The Commissioner may, by regulation, establish any standards and requirements for safe and responsible operation of small vehicle sharing businesses deemed necessary for reasonable management of the public right-of-way. Such regulations may include, but are not limited to:
      (1)   Standards for safety of equipment, responsible operation and aesthetics;
      (2)   Requirements to remove or promptly repair any vehicle determined by the city to present an impermissible risk to health or safety;
      (3)   Standards designed to promote compliance with parking and storage requirements, including the establishment of penalties and fines in connection with small vehicles and small vehicle sharing businesses;
      (4)   Requirements to notify customers of legal or other requirements applicable to use of vehicles under the program;
      (5)   Standards regarding the area of service;
      (6)   Requirements to label vehicles with identifying information;
      (7)   Requirements regarding insurance, security and indemnification of the city;
      (8)   Requirements regarding the regular provision of data to the city regarding vehicles used by the business, such as usage rates and vehicle condition;
      (9)   Requirements regarding the total number of shared vehicles in the city, or in any area of the city;
      (10)   Standards for the suspension and revocation of a license;
      (11)   Rules and procedures concerning renewal of a license; and
      (12)   Such other standards or requirements as may be necessary for safe and reasonable management of the public right-of-way, and compliance with the licensing provisions of this Section.
   (H)   Revocation, suspension, modification. Once a license has been issued, it may be revoked, suspended, modified or not renewed by the Boston Transportation Department for failure to comply with the provisions of this Section or any rules and regulations promulgated.
   (I)   Enforcement. The provisions of this Section or any rules and regulations promulgated thereof may be enforced by the Boston Transportation Department.
(CBC 1985 17-25.5; Ord. 2019 c. 3 § 1)
17-21.6   Vehicle Sharing Businesses.
   The Commissioner shall have the authority to permit and issue regulations for vehicle sharing businesses.
(CBC 1985 17-25.6; Ord. 2019 c. 3 § 1)
17-21.7   Enforcement.
   (A)   The Commissioner shall have the authority to impound and/or contract with a third-party towing service to impound small vehicles of unlicensed small vehicle sharing businesses and impose fees related to the city’s efforts to collect, store and track such small vehicles.
   (B)   The Commissioner shall also have the authority to impound small vehicles of licensed small vehicle sharing businesses that are stored or parked on the public right-of-way in a manner that is inconsistent with this chapter or the city’s Traffic Rules and Regulations and impose fees accordingly.
(CBC 1985 17-21.7; Ord. 2019 c. 3 § 1)
17-21.8   Severability.
   If any provision of this Section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 17-21.8)