§ 302-1Definitions.
§ 302-2Abandonment prohibited.
§ 302-3Identification tags required.
§ 302-4Removal of carts.
§ 302-5Notice to owner.
§ 302-6Redemption by owner.
§ 302-7Public auction.
§ 302-8Disposition of proceeds from sales of carts.
§ 302-9Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- CART
- A hand-drawn or propelled vehicle or wheeled container made of metal, wood or other material such as is generally provided by merchants for the use of their customers in carting or carrying goods, wares and merchandise to automobiles or other vehicles.
- PERSON
- Includes a person of either sex, corporation, partnership, association, joint-stock company, society and other entity capable of being sued.
- STREET
- Includes street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot, public parking area and public places used by the general public.
It shall be unlawful for any person to leave or suffer or permit to be left any cart, either owned by him or her or in his or her possession, custody or control upon any public thoroughfare or upon any private property not his or her own.
Any cart provided or made available for use by any person, his or her agent or employee shall have securely attached thereto a plainly visible metal or plastic identification tag to indicate the owner of said cart.
The Superintendent of the Department of Public Works or any person authorized by him or her shall remove or cause to be removed any cart found upon any street and shall take said cart to a place provided by the Borough where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided in this chapter.
Whenever the Superintendent of the Department of Public Works or any person authorized by him or her shall take any cart into his or her possession bearing identification of ownership or right to possession, a notice shall be sent by regular and/or certified mail to such person advising him or her or it that such cart is being held by the Department of Public Works or such duly authorized person, and that said cart must be redeemed within 10 days of the date of said notice upon payment to the Borough of a fee or charge of as provided in § 302-6.
Such cart may be redeemed by the owner thereof as shown by the identification of ownership at any time prior to sale, dismantling, destruction or disposal thereof, and he, she or it shall be entitled to receive such cart upon payment of the fee or charge of the sum of $25 except as hereinafter specified.
When any cart remains in the custody of the Superintendent of the Department of Public Works or such duly authorized person for six months after coming into possession and with respect to which no person has presented to the Borough proof establishing to its satisfaction such person's ownership or right to possession, the Borough shall give public notice in a newspaper circulating in the Borough that, at a specified time and place, such cart will be sold at public auction. Said sale shall be conducted by the Business Administrator or by such other person as the Administrator shall designate. If, after such notice of sale is given, an owner or other person entitled to redeem any cart prior to the sale may redeem said cart and pay the Borough or its duly authorized agent the sum of $50.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the Borough or in such manner as shall be designated by the Borough Administrator.
