[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights in 1964 by Ord.
No. 417 (Ch. 13, Part 3, of the 1988 Code of Ordinances).
Amendments noted where applicable.]
When used herein, the following terms shall have the meanings
indicated:
Those pushcarts of the type or types which are commonly provided
by grocery stores and markets for the use of the public in transporting
commodities in stores and markets and incidentally from the store
to a place outside the store.
It shall be unlawful for any cart to be upon the sidewalks,
streets, or ways of the Borough, under any circumstances, without
identification and authorized by a license as hereinafter provided.
It shall be unlawful for any owner, operator, or manager of
any store, shop, or market to permit a cart to be taken or removed
from the same onto the sidewalks, streets, or ways of the Borough
without having first obtained a license therefor, as hereinafter provided,
and if any such cart is removed or taken from such store, shop, or
market onto the streets, sidewalks, or ways of the Borough during
regular store hours, it shall be presumed that the said owner, operator,
or manager permitted the same to be done.
It shall be unlawful for any owner, operator, or manager of
any store, shop, or market to collect, store, or keep carts upon the
sidewalks, streets, or ways of the Borough, or permit the same to
be done, with or without a license therefor.
It shall be unlawful for any individual or person to abandon
a cart on the sidewalk, streets or ways of the Borough under any circumstances.
[Amended 8-15-1988 by Ord. No. 682]
Every owner, operator, or manager of any store, shop, or market
in the Borough desiring to use or permit others to use the carts provided
or available at his store, shop, or market on the streets, sidewalks,
or ways of the Borough shall obtain a license for such use, which
license shall be provided by the Borough of Clifton Heights upon filing
application therefor, and payment of a fee as established from time
to time by the Borough Council; such license shall not be transferable
to any other owner, operator, or manager, nor to any other location,
store, shop, or market; otherwise, such license shall be valid until
revoked as hereinafter provided.
Application for a license shall include, together with such
other pertinent information as the Chief of Police may require:
A.
The name, address, and ownership of such store, shop, or market;
B.
The name, address and position of the applicant, who must be the
owner, operator, or manager;
C.
The method or means by which his carts are and will be kept identified;
minimum identification shall be a metal tag measuring at least three
inches by five inches, provided by the applicant, properly marked
and securely affixed to each cart;
D.
An agreement that the license shall not apply to unidentified carts;
and
E.
An agreement that all carts left unattended upon the streets, sidewalks,
or ways of the Borough may be picked up and removed by the police
and that, upon notice, he will redeem the same within 48 hours, paying
$5 for each cart identified and redeemed.
The Chief of Police of the Borough of Clifton Heights shall
be in charge of the licensing herein and shall, upon receipt of the
fee and a proper application therefor, issue a certificate of license
to the applicant.
All carts found upon the streets, sidewalks, or ways of the Borough in violation of § 273-2 hereof are declared to be a public nuisance and may be removed by the Borough of Clifton Heights and disposed of in such manner as the Council of the Borough of Clifton Heights may determine.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Every day that a violation of this chapter continues shall constitute
a separate offense.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any applicant or licensee violating any of the terms or provisions of the application, as set forth in § 273-7 hereof, shall have his license revoked by the Chief of Police, and any such applicant or licensee failing to redeem a cart or carts, as provided for in § 273-7 hereof, shall be in violation of this chapter and shall, upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine of not less than $10 nor more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
Any person having a license revoked may, within 10 days, file
a request in writing for a hearing by the Council of the Borough of
Clifton Heights. The decision of the Council of the Borough of Clifton
Heights shall be final, and no person may be granted a license after
a revocation for a period of 60 days thereafter, and only upon satisfactory
proof that the cause for revocation is corrected.
