Last year a non-binding vote to ban mopeds received 85 per cent support.
Timothy Johnson

Oak Bluffs to Vote on Home Rule Petition to Ban Mopeds

<p>On April 10, Oak Bluffs voters will decide whether to petition the Massachusetts legislature for special home rule legislation that would allow the town to ban mopeds rentals and leases in town.</p>

On April 10, Oak Bluffs voters will consider the next step toward banning moped rentals at their annual town meeting.

The question before voters is whether to petition the Massachusetts legislature for special home rule legislation that would allow Oak Bluffs to ban mopeds rentals and leases in town.

A home rule petition allows towns to expand their governing authority. Oak Bluffs does not currently have the power to unilaterally prohibit mopeds due to a Massachusetts state statute, so a home rule petition is required to make an exception to state law, according to town counsel Ronald H. Rappaport.

If approved by a majority of voters, it would be one step closer to getting rid of mopeds altogether in Oak Bluffs, where three out of four moped rental companies on the Island are located. At a last year’s town meeting, voters overwhelmingly voted in favor of a non-binding petition to ban mopeds in town, and about 85 per cent of voters supported a non-binding moped ban at the ballot box.

The home rule petition was drafted by Mr. Rappaport in the spring of last year following a series of public meetings about moped safety and put on this spring’s town meeting warrant by selectmen.

Mr. Rappaport said that if voters accept the petition, it will be immediately sent to the Massachusetts state legislature for consideration. If the legislature passes the amendment and Gov. Charlie Baker signs it into law, then the town has the power to hold a vote on the moped ban at the following town meeting.

He added that home rule petitions generally pass the legislature easily.

“We are hopeful within the next year that action can be taken on it,” Oak Bluffs town administrator Robert Whritenour told the Gazette. “It won’t be in time for 2018 season.”

The fight over moped use on the Island has brewed for years, exacerbated by numerous accidents. The effort to ban mopeds was renewed in 2016 after a young woman was seriously injured in an accident in Oak Bluffs. The accident prompted a group of citizens to file a complaint against the town alleging that all three moped rentals in town failed to comply with the town bylaws.

Selectmen declined to renew the licenses, and the effort ended up in court, with a superior court judge ruling that the town could not decline to approve licenses for moped rental companies because Massachusetts law allows mopeds the right to use public roads.

An islandwide survey conducted by the Vineyard Gazette early last year found that out of 2,400 respondents, 90 per cent would support eliminating moped rentals if it were legally possible to do so. Oak Bluffs and Vineyard Haven are the only Island towns where it is possible to rent a moped or obtain a moped license. Oak Bluffs currently allows only up to 308 mopeds and five licenses.

Nicole Friedler, a member of the Mopeds Are Dangerous Action Committee, said she was glad to see that selectmen were moving forward with the petition. The group has been on the forefront of calling for a moped ban and Ms. Friedler said that she’s encouraged that the group’s efforts were possibly influential.

“I think people will be very receptive to it,” Ms. Friedler said, referring to the article.

Ms. Friedler noted that the petition process is slow and moped dangers still exist, though attention has waned.

“People don’t get fired up about this stuff until something bad happens,” said Ms. Friedler. “Once an accident happens this season, people will wonder why mopeds are still allowed.”

Retired Chilmark police chief Timothy Rich agreed that voting on the petition is a major step forward for advocates.

“I think it’s perfect,” he said. “We’ve been working on the moped issue for a really long time.”

Mr. Rich said he has been battling moped use on the Island for decades as a first responder and then police chief. He said he has no qualms with licensed drivers, but would like to see rental companies require a motorcycle license to rent a moped.

He said that though some people paint opponents of moped use as those who just want the road to themselves, he doesn’t judge on the morals of it. He said the surveys speak for themselves and that he’s hopeful that a ban will be passed by next year.

“Oak Bluffs residents now have the ability to put something in place to address the problem,” Mr. Rich said. “It’s not political or personal. It’s reality.”

Jason Leone, who is registered with the town as owner or co-owner of the three dealerships in Oak Bluffs and one dealership on Vineyard Haven, has defended his right to operate his businesses in the past. His wife, Erin Leone, told the Gazette this week that he no longer owns the Oak Bluffs businesses, which have been taken over by an off-Island business partner.

Mr. Leone told the Gazette last summer when he owned all four Island moped dealerships that he had willingly complied with the town’s strict moped regulations and was frustrated by the divisiveness of the issue. “People spent time trying to put someone out of business, instead of just talking with them,” he said at the time. “I go further than what I’m asked to do.”

Former selectman and Oak Bluffs businessman Todd Rebello, who has defended Mr. Leone’s right to operate his businesses, told the Gazette that the past year has been successful from a safety standpoint, and one of the safest years on record in terms of the number of moped accidents.

“We shouldn’t want to force a business that’s been around for 30 years to shut down,” said Mr. Rebello. “We don’t do that to people. It shouldn’t be in our nature to do that to neighbors.”

Mr. Rebello added that he believes the town is taking the ethical course of action in calling for a town vote over the home rule petition, but worries that if a ban is passed in Oak Bluffs it could have a domino effect on other towns with high moped use.

“My advice to business owners is that if this were my business I would contact the manufacturers and anyone else in the business in the state to fight for this,” said Mr. Rebello. “If one town is granted one form of exemption, others will soon follow.”

Comments

Darrell King Edgartown/Belmont

In Amsterdam bicycles rule the road, not mopeds.

Home Rule Petition is extremely effective in allowing towns with special circumstances which make them unique, such as the Vineyard, to make an exception to state laws. That is exactly what is needed here. I hope voters support this effort enthusiastically. It is your opportunity to makes the roads safer for everyone.

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 09:58

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Greg Boston

I can see both sides to the story, and more so from the residents as it is their backyard these mopeds are operating. However, if someone is injured or even dies, while unfortunate, this should not be enough to shut a business down. If there were hundreds being injured or dying each year, then obviously yes. But that is clearly not the case here. When have we become afraid of everything? Everyday we take risks, and this one is no different.

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 12:44

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Jason OB

Oak Bluffs, and the entire island, will be a better place when moped rentals are finally banned.

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 12:56

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Jesse Dennerlein Clearwater

In my humble opinion, Scooters/Mopeds are a fantastic form of transportation especially in overcrowded areas. The traffic on the Island in the summer is very heavy and it is my opinion that the expansion of scooters and mopeds would help reduce the traffic problem. I would support going the other way, expanding the use of Scooters/Mopeds and restricting the use of automobiles and trucks. It is, after all, the heavy vehicle doing the killing not the small light one. I also support the idea of people receiving proper training on scooters and moped usage.

KerryJ Edgartown

Let’s see. On one hand are your humble opinions. On the other hand are the words of a retired Island police chief who has dealt with moped carnage. I know who’s advice I would value.

Nopeds On island

Not sure about in Clearwater but the roads are small and sandy here, the mopeds don't keep up with traffic and are difficult to pass. They create a dangerous situation when they are practically forced on people walking off the boat in flip flops for the first time and not knowing what to do. For $100 a day, see the island on a moped, heck, you can even ride double, yippee, bad idea, people do die, ban moped rentals.

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 14:07

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Brad

There has always been a snarky approach to "all mopeds are dangerous". Dangerous moped drivers are dangerous if you do not use them properly. The highest speed limit on the island is 45. The island is one of the few places where mopeds are useful and they provide an environmentally friendly option. I wish I could better understand exactly how mopeds upset so many. I don't use them and they slow me down when driving is not a good enough reason. Share the road; they are popular for 1/6th of the year.

JAR NYMV

Brad, if instead of mopeds, Vespas or similar type motor scooters that can go 45 mph were rented, which could drive properly in auto traffic, not to the side of it, the matter could be resolved. Mopeds are fast enough to get in trouble but too slow to flow with auto traffic. So barring the dreadful thought of putting special moped roads all over the island mopeds must go or the carnage will continue.

No offense to you Brad. Your comment just piqued mine.

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 14:19

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Marty Milner Tallahassee

I know Island roads pretty well. Any competent driver knows that when you get two strings of vehicles passing one another- even at 25 mph- there is barely room for a very careful, experienced bicycle on the edge of many roads and turns. This isn't about business, or even the right of cyclists. It is about the laws of physics.The moped operators do not have the sense of quiet urgency or awareness required to prevent an accident. When a collision occurs heads will be banged- arms and legs may be severed. At the intersection of momentum and mass, human flesh is not a barrier. Compassionate preventive empathy does not need further evidence or statistics. Like lung cancer there is one question. What number is going down?

Submitted by Anonymous (not verified) on Fri, 03/30/2018 - 19:54

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Nicole Friedler Brisson Edgartown

Todd Rebello himself stated that the moped bylaws were written when he was a Selectman so that the businesses would be gone if the licenses changed hands or the businesses were sold. It’s a revelation to me, one of the most concerned members of Mopeds Are Dangerous Action Committee, that Mr. Leone no longer owns the OB businesses, (and he was the sole name on the licenses. If that is true, the vote is moot as the bylaws clearly state that there will be no more moped businesses. How was that missed by the OB government? And if Mr. Leone sold his VH business, that same bylaw applies in Tisbury. Just stating the facts.

Against Mopeds Edgartown

I think I remember there was a transfer of license a few years before this and it was addressed by town counsel. The opinion was that enforcing that part of the bylaw would be illegal because it would effectively ban mopeds, which are legal in Massachusetts. There was a court case or two that helped justify this reasoning. The opinion said a homerule petition would be needed. Otherwise the taxpayers of Oak Bluffs would be writing a big check to anyone denied a license. So now the town is presenting the petition to voters, which will allow a moped ban with legislative approval. The vote is most definitely not moot. I hope this passes. Residents of other island towns will benefit without having had to pay for all the legal work that oak bluffs taxpayers have paid. I think we should be thanking the current voters and current government for attempting to fix something the previous government and voters got wrong. Todd Rebello's intent was almost certainly good, but it was and is moot.

Submitted by Anonymous (not verified) on Sun, 04/01/2018 - 04:04

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Bob Ob

Mopeds are here to stay,if we spent as much time trying to get the drugs off our streets,look at the water front,full of drugs down there in oak bluffs

Ken Edg.

I agree. We realize wherever you put a trash bin it gets filled, the problem is someone has to pay for it. Garbage is a major problem on the island. more time should be devoted to that.

Submitted by Anonymous (not verified) on Sun, 04/01/2018 - 09:08

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Mike Edgartown

Everything is dangerous.... drinking impaired texting etc... We need a common sense approach. Texting and driving kills more teenagers everyday why don't we ban cell phones or have a walk outs etc???

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