[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 11-21-1957 by Ord. No. 140. Amendments noted where applicable.]
No person, firm, partnership, association or corporation shall move any vehicle while the wheels of which or the traction thereof is equipped with cleats, blocks, studs, flanges or any other protuberance over, along or across any highways, streets or alleys in the Borough without first obtaining a permit from the Borough Secretary.
A person, firm, partnership, association or corporation seeking issuance of a permit hereunder shall file an application for such permit with the Borough Secretary. The application shall be made in writing upon forms provided by the Borough Secretary, and said application shall be filed in the office of the Borough Secretary. The application shall set forth:
A description of the vehicle proposed to be operated, giving the make of the vehicle, the size of the vehicle and the condition of the wheels or traction thereof, as well as the type of wheels and traction.
The highways, streets and alleys over, along or across which the vehicle is proposed to be moved.
The time when said vehicle is proposed to be operated, showing the date and hours.
The name, address and telephone number of the person, firm, partnership, association or corporation making the application.
A statement as to whether the vehicle will merely traverse the highways, streets and alleys of the Borough or whether the applicant proposes to actually operate the vehicle on the said highways, streets and alleys in the performance of the vehicle's usual function.
The number of vehicles proposed to be operated.
Any additional information which the Borough Secretary shall find necessary to a fair determination of whether a permit should be issued.
The application shall be accompanied by a permit fee in the amount of $5 for each vehicle. Said fee shall be deposited by the Borough Secretary to the general account of the Borough of Baldwin. The application hereunder shall be accompanied by a cash deposit in a sum to be determined by the Borough Engineer as an indemnity for any damage which the Borough may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the Borough, which may be caused by or be incidental to the operation of a vehicle when the wheels of which or the traction thereof is equipped with cleats, blocks, studs, flanges or any other protuberance.
Any person, firm, partnership, association or corporation filing an application hereunder may, in lieu of the cash deposit required above, file with the Secretary of the Borough a bond approved as to form by the Borough Solicitor, executed by a bonding or surety company authorized to do business in the Commonwealth of Pennsylvania in an amount determined by the Borough Engineer, conditioned upon the issuance that this chapter and other applicable ordinances and laws shall be complied with. Such bonds shall run to the Borough for the use and benefit of the Borough and shall be conditioned on the payment of any damage to public property from any act in connection with any of the activities or conditions upon which the permit applied for is granted.
The Borough Engineer shall inspect the highways, streets and alleys proposed to be used by the applicant and shall fix the cash deposit or the bond in an amount sufficient to restore the paved surface of the Borough to its normal condition if the said paved surface should be damaged, injured or destroyed by reason of the operation of a vehicle, the wheels of which or the traction thereof is equipped with cleats, blocks, studs, flanges or other protuberances.
The permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The permittee may use the permit granted for the specific term provided for in the application. The permit shall be nonassignable, and in the event of an assignment of the same, the permit shall become immediately void. The permittee may operate the vehicles only upon the highways, streets and alleys designated for such use in the written permit. The permittee shall notify the Borough Secretary in writing of any change in the route proposed or the time proposed in the application. The permittee shall notify the Borough Secretary in writing of any and all damage done to property of the Borough of Baldwin within 24 hours after the injury or damage has occurred.
Any person, firm, partnership, association or corporation aggrieved by the provisions of this chapter shall have the right to appeal the denial of a permit to the Council of the Borough of Baldwin. The appeal shall be taken within five days after notice of the denial, and Council shall act upon the said appeal at or before the next regular meeting of Council following the filing of the appeal. Any person, firm, partnership, association or corporation aggrieved by the decision of Council shall have the right to appeal to the courts of the commonwealth as provided by law.
[Amended 5-19-1958 by Ord. No. 154; 12-19-1985 by Ord. No. 566]
Any person, firm, partnership, association or corporation violating any of the provisions of this chapter, upon conviction thereof before the District Justice, shall be sentenced to pay a fine in an amount not exceeding $300 together with the costs of prosecution or to imprisonment for a period of up to 30 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.