[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 12-5-1990 by Ord. No. 90-10 (Ch. 267 of the 1992
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A hand-drawn or -propelled vehicle or -wheeled container
made of metal, plastic, wood or other material, such as provided by
merchants for the use of their customers in carting or carrying goods,
wares and merchandise to automobiles or other vehicles.
Includes any 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 in his 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
agent or employee shall have securely attached thereto a plainly visible
metal or plastic identification tag. The name and address of its owner
and the location of the premises where it is actually available for
use shall be legibly printed on the identification tag.
The Department of Public Works or the ordinance enforcement
official for the Borough shall remove or cause to be removed any cart
found upon any street and shall take the 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 Public Works Department or a Borough ordinance
enforcement official shall take any cart into possession bearing identification
of ownership or right to possession, a notice shall be sent by ordinary
mail to such person advising him of it and that such cart is so being
held and stored and that the cart may be redeemed upon payment to
the Borough of a fee or charge of $25.
When any cart remains in the custody of the Borough for six
months after coming into its 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.
The sale shall be conducted by the Borough Clerk or by such other
persons as the Mayor and Council shall designate. After such notice
of sale is given, an owner or other person entitled to redeem any
cart may, prior to the sale, redeem the cart and pay to the Borough
or its duly authorized agent the sum of $25.
Upon the redemption or sale of a cart, the proceeds shall be
deposited in the general funds of the Borough or in such a manner
as shall be designated by the Mayor and Council.
