[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.
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.
B.
The highways, streets and alleys over, along or across which the
vehicle is proposed to be moved.
C.
The time when said vehicle is proposed to be operated, showing the
date and hours.
D.
The name, address and telephone number of the person, firm, partnership,
association or corporation making the application.
E.
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.
F.
The number of vehicles proposed to be operated.
G.
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.
