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ARTICLE X

THE COUNCIL

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  General Provisions

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

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Section 1001.  Qualifications of Council Members.--(a)  The council members shall be at least eighteen years of age and shall be elected by the electors at large, subject to the creation of wards pursuant to Article IV.

(b)  Council members shall reside in the city from which elected and shall have resided in the city continuously for at least one year before their election. Prior to being sworn into office and as a condition to qualifying for office, each elected council member shall present a signed affidavit to the city clerk that states the person resides in the city, or, in the case of election to a ward office, the ward, from which elected and has resided in the city or ward continuously for at least one year preceding the person's election.

(c)  No officer of the United States or of the Commonwealth of Pennsylvania (except notaries public or officers of the militia), nor any county officer, nor any officer of any school district embraced in the territory of the city, nor any officer or employe of the city, or of any department of the city, shall serve as a council member while continuing to hold the incompatible office or employment, except as hereinafter provided.

(1001 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1002.  Vesting of Legislative Power.--The legislative power of every city shall be vested in a council composed of the mayor and council members.

(1002 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1003.  Organization of Council.--On the first Monday of January following the regular municipal election, the members of council shall assemble at the usual place of meeting for the purpose of organizing. If the first Monday is a legal holiday, the meeting shall be held the first day following. The mayor shall be the president of the council, and a member of the council, and shall have the same rights and duties, including the introduction of bills and the making of motions, as pertain to other council members. Unless otherwise provided by ordinance in accordance with section 1101, the vice president of city council shall be the member of city council designated as the director of the department of accounts and finance or, if a member of city council is not the director of that department, the member of council appointed by the council as its vice president.

(1003 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1004.  Oath of Council Members; Quorum; Rules.--(a)  The members of council shall take the oath of office provided for in section 905.

(b)  A majority of the whole number of members of council shall constitute a quorum, but a smaller number may compel the attendance of absent members, under penalties to be prescribed by ordinance. Only members physically present at a meeting place within the city shall be counted in establishing a quorum.

(c)  The council may, consistent with law, determine and adopt rules for its procedure and conduct of business.

(1004 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

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Section 1005.  Meetings of Council; Notice; Participation by Telecommunication Device.--(a)  The council shall hold stated meetings at least once in each month, and at such other times as may be fixed by ordinance, and continue them so long as the transaction of the public business demands. The mayor, as president of council, may call special meetings of council. A special meeting of council shall be called by the mayor upon the request of two council members in the case of a five-member council or upon the request of three council members in the case of a seven-member council. In addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to open meetings), twenty-four hours' notice of a special meeting shall be given to each member. A special meeting can be a special purpose meeting or a general purpose meeting, as advertised. Notice of a special meeting shall state the nature of the business to be conducted at the meeting.

(b)  Council may provide for the participation of council members in meetings of council by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, provided that:

(1)  A majority of the whole number of members of council are physically present at the advertised meeting place within the city and a quorum is established at the convening or reconvening of the meeting. If, after the convening or reconvening of the meeting, a member has been disqualified from voting as a matter of law but is still physically present, council members participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.

(2)  The telecommunication device used permits the member or members of council not physically present at the meeting to:

(i)  speak to and hear the comments and votes, if any, of the members of council who are physically present as well as other members of council who may not be physically present and who are also using a telecommunication device to participate in the meeting; and

(ii)  speak to and hear the comments of the public who are physically present at the meeting.

(3)  The telecommunication device used permits members of council and the members of the public who are physically present at the meeting to speak to and hear the comments and vote, if any, of the member or members of council who are not physically present at the meeting.

(4)  Council may only authorize participation by telecommunication device for one or more of the following reasons for physical absence:

(i)  illness or disability of the member of council;

(ii)  care for the ill or newborn in the member's immediate family;

(iii)  emergency;

(iv)  family or business travel.

(5)  Nothing in this subsection may be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.

(c)  All meetings of council, whether regular or special, shall be open to the public. The council shall be a continuous body, and it shall be lawful for any council to complete any unfinished business or legislation begun by the preceding council.

(1005 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1006.  Ordinances; Resolutions; Rules and Regulations; Imposition of Fines.--(1006 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1007.  Voting; No Veto; Vote Necessary to Pass Ordinance.--(1007 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1008.  Journal of Proceedings; Recording and Withholding of Vote.--(1008 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1009.  Disclosures of Interest by Councilman.--(1009 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1010.  Ordinances and Resolutions; Signing by Mayor and City Clerk.--(1010 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1011.  Bills; Titles.--(1011 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1012.  Reading of Bills; Final Passage.--(1012 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1013.  Payments not Authorized by Law.--(1013 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1014.  Time of Taking Effect of Ordinances; Publication; Recording; Proof and Evidence; Notice of Building, Housing, Fire Prevention, Electrical, Plumbing and Zoning Ordinances and Other Standard or Nationally Recognized Codes, Maps and Plans.--(1014 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1014.1.  Codification of Ordinances.--(1014.1 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1015.  Attendance of Witnesses and Production of Books Before Council or Committee of Council.--(a)  The council of any city may compel the attendance of witnesses and the production of books, papers and other evidence at any meeting of the body or any committee of the council. For that purpose, subpoenas may be issued, signed by the mayor or the chairperson of the committee, in any pending case of inquiry or investigation, and the subpoenas may be served and executed in any part of this Commonwealth. Any member of council and the city clerk shall have power to administer oaths to the witnesses. If any witness shall refuse to testify as to any fact within the witness' knowledge, or to produce any books or papers within the witness' possession or under the witness' control required to be used as evidence in the case, the city clerk shall report the facts relating to the refusal to the court of common pleas. All questions arising upon the refusal, and also upon any new evidence not included in the clerk's report (which new evidence may be offered in behalf of or against such witness), shall at once be heard by the court. If the court determines that the testimony or evidence required by the witness is legal and properly competent and ought to be given or produced by the witness, then the court shall make an order commanding the witness to testify or produce books or papers, or both, as the case may be. If the witness shall thereafter, in disobedience of the order of the court, refuse to testify or to produce the books or papers, then the court shall have power to order the commitment of the witness for contempt.

(b)  Any person so called as a witness and examined under oath shall be liable to indictment, conviction and punishment for perjury in the same manner and to the same extent as if the witness had been called and examined before any committee of the Legislature, or in any judicial proceeding before any of the courts of record, in accordance with existing laws. A person outside of the city, subpoenaed under this section, shall be entitled to be reimbursed for mileage to and from the city at the maximum mileage rate periodically established by the United States Internal Revenue Service, and a per diem allowance as established by council for the person's time in the city.

(1015 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1016.  Salaries.--(a)  Council members shall receive for their services during their term of service annual salaries, to be fixed by ordinance, payable in regular installments. Councils may, by the ordinance fixing the salaries, provide for the assessment and retention from the salaries of reasonable fines for absence from regular or special meetings of council or committees of the council.

(b)  As an alternative to the annual salary method for establishing the compensation payable to members of the city council, the council may provide that the members of council will receive compensation on a per-meeting-attended basis, provided that the compensation shall only be payable for duly advertised public meetings in which a council member participated. If council has provided that members of council will receive compensation on a per-meeting basis, council may provide for the forfeiture of up to one-twelfth of the annual compensation of any council member or impose another appropriate penalty for each unexcused absence from regularly scheduled legislative council sessions.

(c)  The salary paid to any council member shall be in accordance with this subsection:

(1)  For the term of city council members in newly created cities, and until changed by ordinance, each council member may receive a salary as follows:

(i)  not more than one thousand eight hundred seventy-five dollars per year in cities having a population of less than five thousand;

(ii)  not more than two thousand five hundred dollars per year in cities having a population of five thousand or more, but less than ten thousand;

(iii)  not more than three thousand two hundred fifty dollars per year in cities having a population of ten thousand or more, but less than fifteen thousand;

(iv)  not more than four thousand one hundred twenty-five dollars per year in cities having a population of fifteen thousand or more, but less than twenty-five thousand;

(v)  not more than four thousand three hundred seventy-five dollars per year in cities having a population of twenty-five thousand or more, but less than thirty-five thousand; and

(vi)  not more than five thousand dollars per year in cities having a population of thirty-five thousand or more.

(2)  The compensation to be received by council members and elected officials in cities other than newly created cities shall be fixed by ordinance of council finally enacted at least two days prior to the last day fixed by law for candidates to withdraw their names from nominating petitions previous to the day of the municipal election.

(1016 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1016.1.  Appointment of City Clerk.--(a)  The council of each city shall appoint a city clerk who shall be an at-will employe with no property interest in the city clerk's position and whose compensation shall be fixed by ordinance.

(b)  Council may by ordinance or resolution prescribe duties of the city clerk in addition to those established by law. The city clerk shall have the power of a notary public to administer oaths in any matter pertaining to the business of the city or in any legal proceeding in which it is interested.

(c)  The records of council shall be in the actual or constructive custody of the city clerk and shall be subject to inspection and copying in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(1016.1 added Mar. 19, 2014, P.L.52, No.22)

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Section 1017.  Enforcement of Ordinances; Recovery and Payment Over of Fines and Penalties.--(1017 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1018.  Cost of Maintenance of Prisoners in County Jails.--(1018 repealed Mar. 19, 2014, P.L.52, No.22)

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(a.1)  Ordinances

((a.1) added Mar. 19, 2014, P.L.52, No.22)

 

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Section 1018.1.  Ordinances and resolutions.

(a)  Ordinances.--With regard to ordinances, the following shall apply:

(1)  The council of every city shall enact ordinances, in accordance with the provisions of this act, as may be necessary to carry out the requirements of this act, and may impose fines and penalties for the violation of the ordinances, recoverable in the manner provided in this act for the recovery of fines and penalties for the violation of city ordinances and subject to limitations as to the amount of the fines and penalties.

(2)  Every legislative act of the council shall be by ordinance, and the legislative acts shall include, but not be limited to, tax ordinances, general appropriation ordinances and all ordinances that exercise the police power of the city; regulate land use, development and subdivision; impose building, plumbing, electrical, property maintenance, housing and similar standards; and otherwise regulate the conduct of persons or entities within the city; and impose penalties for the violation of the ordinances.

(3)  A proposed ordinance may be introduced by any council member, and council may require that the introduction of a proposed ordinance by a council member be by motion.

(b)  Resolutions.--With regard to resolutions, the following shall apply:

(1)  The council of every city shall adopt resolutions in accordance with the provisions of this act.

(2)  The purposes for which resolutions may be adopted shall include, but not be limited to, ceremonial or congratulatory expressions of the good will of the council, statements of public policy of the council, approval of formal agreements of the city, except when the agreements arise under a previously approved purchasing system of the city, approval of the acquisition, disposition and leasing of real property and the approval, when required, of administrative rules and regulations arising under State statutes or city ordinances.

(3)  When eminent domain proceedings are instituted by resolution, notice of the resolution, including a description of the subject properties, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.

(1018.1 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.2.  Voting; no veto; vote necessary to enact ordinances or adopt resolutions.

(a)  Voting generally.--Members of council present or participating via a telecommunication device shall vote on all questions coming before the council, except as may be required by the provisions of any public official ethics law which may, from time to time, be applicable to members of city council and except as may be excused by a simple majority vote of the members of council present at any meeting of the council for such cause as they may determine to be appropriate and which cause shall be entered upon the journal.

(b)  Veto.--The mayor shall have no right of veto.

(c)  Majority vote.--Except as otherwise provided in this act, no ordinance may be enacted or resolution adopted by the council without an affirmative vote of a majority of the whole number of the members of council.

(1018.2 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.3.  Journal of proceedings; recording and withholding of vote.

The council shall keep a journal of its proceedings, which shall be in the possession of the city clerk and which shall at all times be open to public inspection. Upon every vote, the yeas and nays shall be called and recorded by the city clerk. An ordinance shall and a resolution may be reduced to writing before the vote is taken on the ordinance or resolution. A member of council shall not withhold the member's vote on any question coming before the council, unless permitted to do so in accordance with section 1018.2(a).

(1018.3 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.4.  Signing and attesting ordinances.

Every legislative act of the council shall be by ordinance, and every ordinance enacted by council shall be signed by the mayor and attested by the city clerk.

(1018.4 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.5.  Proposed ordinances; titles.

All proposed ordinances shall be presented to council in written form as bills and shall be numbered serially for the calendar year. No ordinances, except general appropriation ordinances, may be enacted containing more than one subject, which shall be reasonably identified in its title. No ordinance shall be so altered or amended upon enactment by council as to change the original purpose. The title of an ordinance shall not be considered in the construction or interpretation of the ordinance by a court of competent jurisdiction.

(1018.5 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.6.  Reading of proposed ordinances; final enactment.

(a)  Reading.--The title of every proposed ordinance shall be read at least twice, once when introduced and again before final enactment by council. Amendments or other changes to the proposed ordinance shall be read at length.

(b)  Public availability.--A complete copy of every ordinance introduced shall be available for public inspection at the clerk's office during regular office hours.

(c)  Time frame.--No ordinance shall be finally enacted by council on the same day on which it was introduced, and at least three days shall intervene between its introduction and its final enactment by council.

(d)  Numbering.--Upon enactment, ordinances shall be numbered serially.

(1018.6 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.7.  Payments not authorized by law.

No ordinance may be enacted nor resolution adopted providing for the payment of any money by the city without previous authority of law. Any officer executing a document authorizing payment or passing a voucher for a payment not authorized by law, or making the payment, commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $5,000 and to imprisonment for not more than one year.

(1018.7 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.8.  Time of taking effect of ordinances.

All ordinances, except those pertaining to the subjects set forth in section 1050(b), and unless otherwise provided by law, shall take effect on the tenth day after enactment, upon being signed by the mayor and attested by the city clerk.

(1018.8 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.9.  Publication of proposed ordinances.

(a)  Publication required.--Every proposed ordinance, except as otherwise provided in this act, shall be published in a newspaper of general circulation not more than 60 days nor fewer than seven days prior to enactment.

(b)  Contents.--Except as otherwise provided by law, the publication of a proposed ordinance shall include either the full text or the title and a summary of the ordinance setting forth the provisions in reasonable detail and a reference to a place within the city where copies of the proposed ordinance may be examined. If the full text is not published, the newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the ordinance.

(c)  Readvertisement.--In the event substantial amendments are made in the proposed ordinance, before voting upon enactment, council shall within ten days readvertise in one newspaper of general circulation a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

(1018.9 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.10.  Filing of proposed ordinances.

(a)  Place of filing.--If the full text is not published, an attested copy of the proposed ordinance shall be filed when the summary of the ordinance is published in the county law library or other county office designated by the county commissioners who may impose a fee no greater than that necessary to cover the actual costs of storing the proposed ordinances. Filing with the county may be completed by the submission of an electronic copy of the ordinance through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances. Upon request by the city, the county shall notify the city of the method by which electronic copies may be submitted. The county may store the ordinance electronically, provided that the public is able to access the electronically stored city ordinances during regular business hours at the office or at a remote location. The city shall retain a printed copy of the e-mail and ordinance as transmitted.

(b)  Date of filing.--The date of filing the proposed ordinance with the county shall not affect the effective date of the ordinance or the validity of the process of enactment of the ordinance.

(1018.10 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.11.  Records of ordinances maintained by city clerk.

(a)  Records.--All ordinances shall, within one month after their enactment, be certified and recorded by the city clerk in a book provided by the city for that purpose which shall be at all times open to the inspection of citizens. A standard or nationally recognized code or any portion of the standard or nationally recognized code enacted by reference need not be recorded in or attached to the ordinance book, but shall be deemed to have been legally recorded if the ordinance by which the code was enacted by reference is recorded, with an accompanying notation stating where the full text of the code is filed. A failure to record within the time provided shall not be deemed a defect in the process of the enactment or adoption of such ordinance.

(b)  Compilation or codification.--At the close of each year, with the advice and assistance of the city solicitor, the city clerk shall bind, compile or codify all the ordinances of the city, or true copies of the ordinances, which then remain in force and effect.

(c)  Indexing.--The city clerk shall also properly index the record books, compilation or codification of ordinances.

(d)  Retention.--The retention of ordinances shall be in accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

(e)  Attachment.--A city ordinance or portions of a city ordinance, the text of which prior to the effective date of this act is attached to the city ordinance book, shall be considered in force as if the ordinance or portions of the ordinance were recorded directly upon the pages of the ordinance book.

(1018.11 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.12.  Proof and evidence.

All ordinances, resolutions, motions or other proceedings of council may be proved by the certificate of the city clerk under the corporate seal and, when printed or published in book or pamphlet form by authority of the city, shall be read and received as evidence in all courts and elsewhere without further proof.

(1018.12 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.13.  Standard or nationally recognized codes.

(a)  Authority to enact.--In the same manner as other ordinances, and except as otherwise provided in this act or the Pennsylvania Construction Code Act, council may enact, by reference to a standard or nationally recognized code, all or any portion of the standard or nationally recognized code as an ordinance of the city. Three copies of the proposed standard or nationally recognized code, portion of the code or amendment to the code shall be filed in the office of the city clerk at least ten days before the city council considers the proposed ordinance and upon enactment shall be kept with the ordinance book and available for public use, inspection and examination.

(b)  Time frame.--

(1)  Except as otherwise provided by the Pennsylvania Construction Code Act, and regulations adopted pursuant to the act, an ordinance adopting by reference any standard or nationally recognized code shall be enacted within 60 days after its introduction and shall encompass subsequent changes in the code unless otherwise specified in the ordinance.

(2)  An ordinance which incorporates standard or nationally recognized code amendments by reference shall become effective after the same procedure and in the same manner as is specified in this section for original adoption of the code.

(c)  Technical regulations or code.--An ordinance that incorporates by reference standard technical regulations or code shall be subject to the provisions of the Pennsylvania Construction Code Act, if applicable.

(1018.13 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.14.  Maps, plans or drawings.

Except as may be otherwise provided under the Municipalities Planning Code, if maps, plans or drawings of any kind are to be adopted as part of an ordinance, the council may, instead of publishing the maps, plans or drawings as part of the ordinance, make reference in publishing the ordinance or a summary of the ordinance to the place where the maps, plans or drawings are on file and may be examined. Once enacted as part of an ordinance, a map, plan or drawing shall be amended by ordinance.

(1018.14 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.15.  Codification of ordinances.

(a)  Preparation authorized.--City council may prepare a consolidation or codification of the general body of city ordinances or the ordinances on a particular subject. City council may adopt the consolidation or codification as an ordinance of the city in the same manner prescribed for the adoption of its ordinances, except as follows:

(1)  A consolidation or codification to be enacted as a single ordinance shall be introduced in the city council at least 30 days before its final enactment; and, at least 15 days before final enactment, notice of introduction of the consolidation or codification specifying its general nature and content shall be given by advertisement in a newspaper of general circulation.

(2)  The required advertised notice of the proposed adoption of the consolidation or codification shall include a listing of its table of contents, and the advertisement shall indicate a place within the city where a copy of the proposed consolidation or codification may be examined.

(b)  Additional procedure.--The procedure for the consolidation or codification of city ordinances as a single ordinance may also be followed in enacting a complete group or body of ordinances repealing or amending existing ordinances as may be necessary in the course of preparing a consolidation or codification of the city ordinances, except that the advertisement giving notice of the proposed adoption shall list, in lieu of a table of contents, the titles only of each of the ordinances in the complete group or body of ordinances.

(c)  Adoption by reference.--The consolidation or codification may contain matter, which, when it becomes effective as an ordinance, will operate to adopt by reference any building, fire prevention or other standard or model code or zoning ordinance and zoning map in accordance with section 1018.13 and, if applicable, section 1018.14.

(1018.15 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.16.  Enforcement of ordinances; recovery and payment of fines and penalties.

(a)  Enforcement.--Actions, prosecutions, complaints and proceedings for the violation of the ordinances of the city and for fines, penalties and forfeitures imposed shall be instituted in the corporate name of the city and be conducted in the manner prescribed by law.

(b)  Proceedings.--Unless otherwise provided by law, proceedings for the violation of the ordinances of the city shall be conducted as summary conviction proceedings, or proceedings for the recovery of penalties, before magisterial district judges with the same right of appeal from any final judgment entered.

(1018.16 added Mar. 19, 2014, P.L.52, No.22)

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Section 1018.17.  Penalty.

A person who violates any ordinance enacted under the authority of this act for which no penalty is otherwise specified commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than 90 days, or both, at the discretion of the court.

(1018.17 added Mar. 19, 2014, P.L.52, No.22)

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(b)  Initiating Ordinances by Electors

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

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Section 1030.  Initiation of Proposed Ordinances by Petition; Exceptions.--(a)  Except as provided in subsection (b), a proposed ordinance may be submitted to the council by a petition signed by the electors of any city in accordance with this subdivision.

(b)  The following proposed ordinances may not be submitted to council by petition in accordance with this subdivision:

(1)  Proposed ordinances dealing with the subjects set forth in section 1050(b).

(2)  Proposed ordinances to repeal, amend or modify an ordinance which took effect after having been subject to the provisions of the referendum for reconsideration of the ordinance.

(1030 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1031.  Petition; Notice.--If the city clerk receives a written request for the preparation of a petition for the submission of a proposed ordinance to the city council by at least one hundred qualified electors of the city and the request is accompanied by a copy of the proposed ordinance, the city clerk shall, within ten days after receiving the request, do each of the following:

(1)  Prepare the requested petition.

(2)  Publish notice at least one time in a newspaper of general circulation that provides, at a minimum, the following information:

(i)  The date on which the request for the petition was received and that the petition will be ready for signing at the expiration of ten days from that date.

(ii)  The purpose for which the petition is made.

(iii)  The place at which and the dates and times during which the petition may be signed, with fifteen days, exclusive of Saturdays, Sundays and holidays, being allowed for signatures.

(1031 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1032.  Signing; Oath.--A petition for the submission of a proposed ordinance shall be signed in the city clerk's office only. The petition shall be retained in the city clerk's office at all times for a period of fifteen days. Each signer shall add to the signer's signature the signer's place of residence by street and number and shall make oath before the city clerk that the signer is a qualified elector of the city and resides at the address given. The city clerk shall keep the city clerk's office open for the purpose of permitting voters to sign the petition at least from nine o'clock ante meridian through seven o'clock post meridian, prevailing time, Monday through Friday, except holidays. The city clerk shall not permit any person to sign petitions after seven o'clock post meridian, prevailing time, on the last day for signing the same.

(1032 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1033.  Number of Signatures; Examination and Certificate by City Clerk.--Within ten days after the period of time for signing the petition has elapsed, the city clerk shall examine the petition and, from the record of registered voters of the city, ascertain whether or not the petition is signed by voters equal to twenty per centum of all votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council may allow the city clerk extra help for the purpose of complying with this section. The city clerk shall attach to the petition the clerk's certificate showing the result of the examination. If less than the required twenty per centum is certified, the petition shall fail and shall be filed in the office of the city clerk.

(1033 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1034.  Submission to Council.--If the petition is certified to contain signatures equalling the required twenty per centum of said votes cast as aforesaid, the clerk shall submit the same to the council without delay.

(1034 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1035.  Actions by Council; Notices.--If the petition accompanying the proposed ordinance is signed by electors equal in number to twenty per centum of the votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected, the council shall either:

(a)  enact the proposed ordinance without alteration within twenty days (except as otherwise provided herein) after attachment of the clerk's certificate to the accompanying petition; or

(b)  call for a referendum to be held at the time of the next general, municipal or primary election occurring at least ninety days thereafter, and at which election the proposed ordinance shall be submitted without alteration to the vote of the electors of the city, after attachment of the clerk's certificate to the accompanying petition. Notice of the election and the text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.

(1035 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1036.  Form of Ballot on Submission to Vote.--The question to be submitted to the electors on the proposed ordinance shall be framed to state the nature of the proposed ordinance, followed by the words "yes" and "no," and the question shall be placed on the ballots which shall be counted, returned and computed in accordance with section 1062 and the election laws of the Commonwealth.

(1036 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1037.  Effect of Majority Vote.--If the majority of the qualified electors voting on the proposed ordinance shall vote in favor of the ordinance, the ordinance shall become a valid and binding ordinance of the city.

(1037 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1038.  No Repeal Within Two Years.--An ordinance so proposed by petition, whether enacted by council or adopted by a vote of the electors, shall not be repealed or amended within two years of its effective date except by a vote of the electors.

(1038 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1039.  Number of Proposed Ordinances to be Submitted; Elections Limited.--Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this subdivision. Proposed ordinances on the same subject matter shall not be submitted by petition more frequently than once every three years.

(1039 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1040.  Submission for Repeal by Council.--The council may submit a proposition for the repeal or amendment of an ordinance to be voted upon at any succeeding municipal, general or primary election occurring at least ninety days after council's submission of the proposition. Should the submitted proposition receive a majority of the votes cast on the proposition at the election, the ordinance shall be repealed or amended accordingly.

(1040 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1041.  Publication of Proposed Ordinance; Repeal or Amendment.--Whenever any proposed ordinance is to be submitted to the voters of the city at any election, or any ordinance is submitted by council for repeal or amendment, notice of the election and text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.

(1041 amended Mar. 19, 2014, P.L.52, No.22)

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(c)  Reconsidering Ordinances by Electors

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

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Section 1050.  Time Ordinances Go Into Effect.--(a)  Except as provided in subsection (b), no ordinance enacted by council shall go into effect before ten (10) days from the time of its final enactment by council.

(b)  Ordinances dealing with the following subjects may be made effective upon final enactment:

(1)  Ordinances expressly required to be enacted by the general laws of the State or by the provisions of any act of Assembly, or the provisions of which and the matters to be carried out under the ordinance are subject to the approval of an officer or tribunal of the Commonwealth.

(2)  Ordinances providing for tax levies or fees, annual and other appropriations and for the exercise of the right of eminent domain.

(3)  Ordinances for the preservation of the public peace, health, morals, safety and in the exercise of the police powers of the city government, and for the prevention and abatement of nuisances.

(4)  Any ordinance providing for an election to increase indebtedness, and any other ordinance which by law must be submitted to an election before it shall take effect.

(5)  Ordinances for the opening, paving, grading or other improvement of streets or highways, when the improvement is petitioned for by a majority in number or interest of the abutting property owners.

(6)  Ordinances for the construction of sewers and for the purpose of keeping the streets, highways and sidewalks in good order and repair and in a safe and passable condition.

(c)  (Deleted by amendment)

(d)  (Deleted by amendment)

(e)  (Deleted by amendment)

(f)  (Deleted by amendment)

(1050 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1051.  Petition; Reconsideration of Ordinance.--With the exception of ordinances dealing with the subjects set forth in section 1050(b), an ordinance shall be suspended from going into operation and shall be reconsidered by council if, within ten days after its final enactment, there is presented to council, in accordance with this subdivision, a petition protesting against enactment of the ordinance which shall be signed by electors of the city equal in number to at least twenty per centum of the entire vote cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected.

(1051 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1052.  Preparation of Petition by City Clerk; Notice.--A petition under section 1051 shall be prepared by the city clerk immediately upon receipt by the clerk of the written request of one hundred qualified electors of the city asking that the petition be prepared. Upon its preparation, the clerk shall give notice by publication in a newspaper of general circulation that the petition is ready for signing and the purpose of the petition, giving the place where and time when it may be signed. The signing shall be done only in the city clerk's office, where the petition shall be retained during the period of ten days after the enactment of the ordinance.

(1052 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1053.  Additional Petitions.--In order to facilitate the signing of the petition, the city clerk shall cause to be made at least two additional similar petitions for signing by the qualified electors, and the signing of the additional similar petitions shall have the same force and effect as the signing of the original petition. The city clerk is hereby authorized to employ at least two persons to take charge of the additional petitions. The city clerk and the persons hired are hereby empowered to administer the oath required to be taken by the electors. This section also shall apply to petitions initiating ordinances under subdivision (b).

(1053 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1054.  Signatures; Oath; Time of Signing.--Each signer of a petition under section 1051 shall add to the signer's signature the signer's place of residence by street and number and shall make an oath before the city clerk, or other person authorized under section 1053, that the signer is a qualified elector of the city and resides at the address given. The city clerk shall keep the city clerk's office open for the purpose of receiving signatures to the petitions at least from nine o'clock ante meridian through seven o'clock post meridian, prevailing time, Monday through Friday. The city clerk shall not permit a person to sign a petition after seven o'clock post meridian, prevailing time, of the tenth day following the enactment of the ordinance on which the referendum vote is requested.

(1054 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1055.  Presentation of Petition to Council.--At the expiration of ten days, the petition shall be filed with and presented to the council, and the city clerk shall present the petition to the council at its first meeting after expiration of the ten-day period.

(1055 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1056.  Ascertainment of Number of Signers; Report.--After presentation of the petition to council, the city clerk shall ascertain from the record of registered voters of the city whether or not the referendum petition is signed by voters equal to twenty per centum of all the votes cast for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council may allow the clerk extra help for that purpose, and, after the clerk has made the examination, the clerk shall report the result to council.

(1056 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1057.  Ordinances Granting Franchises.--(1057 repealed Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 302(d) of Act 177 of 1988, known as the General Association Act of 1988, provided that section 1057 is repealed insofar as it is inconsistent with 15 Pa.C.S § 1511.

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Section 1058.  Petition against Ordinances; Suspension.--(1058 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1059.  Effect of Petition; Submission to Voters.--If in any case it shall appear that the petition provided for in this subdivision has not been signed by the requisite number of voters, no action shall be taken, but the ordinance shall be taken to be in full force from the time or times it would have gone into effect had there been no petition against the ordinance. If the petition is signed by electors equal to twenty per centum of all the votes cast for mayor as aforesaid, the council shall reconsider the ordinance, and, if the ordinance is not entirely repealed by council on reconsideration, the council shall call a referendum to be held at the time of the next general, municipal or primary election occurring not less than sixty days after the reconsideration. At the election, the ordinance shall be submitted without alteration in accordance with the Pennsylvania Election Code.

(1059 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1060.  Certification to County Board of Elections; Ballots or Ballot Labels; Expense of Elections.--The city clerk, after consultation with the city solicitor, shall certify to the county board of elections a copy of the ordinance and the proceedings of council directing the referendum vote, and the county board of elections shall cause the question to be printed for use in the election districts of the city. The preparation of ballots or ballot labels for and the holding of a referendum shall be as provided in the Pennsylvania Election Code. Any number of ordinances may be referred and voted on at the same election.

(1060 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1061.  Form of Ballot or Ballot Label.--The ballot used when voting upon the ordinance shall contain a question stating the nature of the referred ordinance followed by the words "yes" and "no" and shall be as provided in the Pennsylvania Election Code.

(1061 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1062.  Computing and Filing Returns.--The officers holding an election shall keep tally sheets and make returns of votes on the referendum question in the same manner as tally sheets are kept and returns made in elections of officers and the submission of other questions as provided by the Pennsylvania Election Code. The returns shall be filed with the county board of elections which shall compute the returns and certify the results to the city council. The returns and certifications of a referendum question shall be made as provided in the Pennsylvania Election Code.

(1062 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1063.  Effect of the Vote.--If it shall appear that more persons have voted for the ordinance than against it, the ordinance shall take immediate and full effect from the date the results are certified to the city council. If the vote is against the ordinance, the ordinance shall be nullified and of no effect.

(1063 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1064.  Publication of Ordinance Before Election.--Before any referendum is held on any ordinance in accordance with this subdivision, the city shall provide notice of the ordinance which is to be submitted to the vote of the people by publishing a copy of the ordinance in a newspaper of general circulation. Publication in accordance with this section shall be in addition to publication requirements of the Pennsylvania Election Code.

(1064 amended Mar. 19, 2014, P.L.52, No.22)