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 street or highway, or upon any private
property not his or her own.
The Police Department 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.
[Amended 4-13-1992 by Ord. No. 1992-4]
Whenever the Police Department shall take any cart into its
possession bearing identification of ownership or right to possession,
a courtesy call shall be placed to such person advising him or it
that such cart is held by the Police Department and that said cart
may be redeemed upon payment to the Borough of a fee of $10. A $1
per day storage fee will be charged for each day after the initial
twenty-four-hour notification.
[Amended 4-13-1992 by Ord. No. 1992-4]
Such cart may be redeemed by the owner thereof as shown by the
identification of ownership or right to possession at anytime prior
to a sale, dismantling, destruction or disposal thereof, and he or
it shall be entitled to receive such cart upon payment of the fee
or charge of the sum of $10.
[Amended 4-13-1992 by Ord. No. 1992-4]
When any cart remains in the custody of the Police Department
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 place and time, not less than seven
days after such notice is published, such cart will be sold at public
auction. Said sale shall be conducted by the Borough Clerk or by such
other person as the Mayor and Council shall designate. After such
notice of sale is given, an owner or other person entitled to redeem
may redeem any cart prior to the sale and shall pay to the borough
for redemption the sum of $10.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the borough.
[Repealed 9-27-2004 by Ord. No. 2004-15]