It shall be unlawful for any person to ride or to park a pedalcycle on the sidewalk along the following portions of the streets in the Borough set forth in § 305-110 (Schedule XXVII).
A.
The word "pushcart," as used in this section, shall
mean a vehicle, including a pedalcycle, propelled solely by human
power and used or intended for use for the display, transport, exhibit
or sale of goods, wares or merchandise.
B.
It shall be unlawful for any person to propel a pushcart upon any sidewalk in any business district except as necessary to move the pushcart to a location from which it is to be loaded or unloaded or from which goods, wares or merchandise are to be sold or dispensed under permit from the Borough Council as provided in Subsection C of this section.
C.
It shall be unlawful for any person to park a pushcart
upon any sidewalk except for the purpose of selling or dispensing
from that pushcart goods, wares or merchandise to passersby under
permit from the Borough Council. Every such permit shall be issued
to the person making application for the permit, upon payment of a
fee, which shall be for the use of the Borough, set by the Borough
Council pursuant to a resolution.[1] The permit shall be granted to the applicant upon payment
of the fee and upon his or her signing an agreement with the Borough
Council that he or she shall be bound by the conditions imposed by
the Borough Council and made a part of the permit, dealing with the
following matters:
(1)
Restricting or limiting the parking of the pushcart
to one or more stated locations upon the sidewalk and to stated days
and hours at each location.
(2)
Stating requirements to be adhered to in connection
with the disposal of garbage and refuse resulting from the operations
carried on.
(3)
Requiring that there be no violation of any law, ordinance
or regulation pertaining to health, sanitation and the handling of
food or drink.
[1]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
A.
No person who resides in the Borough shall ride or
propel a pedalcycle on any street, sidewalk or pedalcycle path in
the Borough unless that pedalcycle has been licensed with the Borough
according to provisions in this Article and a license plate is attached
to the pedalcycle as provided in this Article.
B.
An owner of a pedalcycle shall ensure that all pedalcycles
owned by him or her to be licensed with the Borough and that the license
plate is properly attached to the correct pedalcycle. If a pedalcycle
is owned by a person under the age of 18, the parent or guardian of
that juvenile shall be responsible for ensuring that the provisions
of this Article are fulfilled.
No person, not a resident of the Borough, shall
ride or propel a pedalcycle ordinarily kept within or rented from
any place in the Borough on any street, sidewalk or pedalcycle path
in the Borough unless that pedalcycle has been licensed and a license
plate is attached to the pedalcycle as provided in this Article.
A.
The Mayor and Chief of Police are authorized and directed
to issue pedalcycle license plates. The license plates shall be provided
by the Borough Council and shall be serially numbered, and the Mayor
and Chief of Police shall keep an accurate record of them, which record
shall include the name and address of the person to whom each license
plate is issued and a proper identification of the pedalcycle for
which it is issued.
B.
Pedalcycle license plates shall be issued to owners
of pedalcycles on a permanent basis. When a pedalcycle has been purchased,
either new from a dealer or store or from a private party, the purchaser
shall have five days to license the pedalcycle with the Borough according
to provisions of this Article. The license plate that is issued for
that pedalcycle will be valid for that pedalcycle for the period of
time that the pedalcycle is owned by the individual for whom the license
plate. was issued. A fee established from time to time by resolution
of the Borough Council[1] shall be charged for all license plates, which shall be
for the use of the Borough.[2]
C.
In the event that a pedalcycle does not come from
the manufacturer with an identification number engraved on the frame,
the owner of the pedalcycle shall engrave his or her operator's number
on the frame of the pedalcycle. The identification number shall be
engraved legibly on the underside of the pedal assembly.
D.
In the event that the owner of the pedalcycle does
not have a valid operator's number, a parent, guardian or another
family member's operator's number will be used.
E.
The Mayor shall properly account for and pay over
to the Borough Treasurer, monthly, all fees received by him or her
under this Article for licenses or replacements.
The license plates issued under this Article
shall not be transferred from one person to another, nor may it be
transferred to another pedalcycle.
Each pedalcycle license plate shall be attached
to the frame of the pedalcycle or the bar that connects the seat and
the pedal assembly. The license plate shall also be attached at least
15 inches from the ground and in such a manner as to be clearly visible
from any position five feet away from the pedalcycle. It shall be
unlawful for any person to remove a license plate from a pedalcycle
except upon transfer of ownership or when the pedalcycle is dismantled
and no longer operated upon any street, sidewalk or pedalcycle path
in the Borough.
Holders of licenses shall promptly replace license
plates which have been lost or which have become disfigured to such
an extent as to be illegible. Replacement license plates shall be
obtained from the Mayor or Chief of Police in the same manner provided
in this Article for original plates, and an additional fee as established
from time to time by resolution of the Borough Council[2] shall be paid for the replacement.
Upon the expiration of any pedalcycle license,
the license shall be renewed by its holder upon following the same
procedure and paying the same fee as prescribed in this Article in
the case of the application and issuance of the original license.
Upon the sale or other transfer of ownership
or the dismantling of a licensed pedalcycle, the holder of the license
shall remove the license plate and surrender it to the Mayor or Chief
of Police.
No rental agency located in the Borough shall
rent any pedalcycle or offer any pedalcycle for rent unless that pedalcycle
has been licensed as required by this Article.
B.
If a Borough police officer confiscated a pedalcycle
for any lawful reason, he or she shall not release the pedalcycle
to the owner until he or she is sure the pedalcycle is licensed according
to this Article. If the pedalcycle is not licensed according to this
Article, it will not be released to the owner until it is licensed
according to this Article.[1]
