PRINTER'S NO. 3136
No. 2321 Session of 1990
INTRODUCED BY J. L. WRIGHT, CAPPABIANCA, NAILOR, HAYES, JOHNSON,
FARGO, WASS, REINARD, HALUSKA, NOYE, PESCI, GEIST, HESS,
BILLOW, MELIO, SAURMAN, BARLEY, LASHINGER, E. Z. TAYLOR,
TRELLO, STABACK, BUNT AND ITKIN, MARCH 13, 1990
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 13, 1990
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for the care of certain
5 cemeteries.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause XXVIII of section 702 of the act of May 1,
9 1933 (P.L.103, No.69), known as The Second Class Township Code,
10 reenacted and amended July 10, 1947 (P.L.1481, No.567) and
11 amended July 30, 1975 (P.L.137, No.69), is amended to read:
12 Section 702. Supervisors to Exercise Powers.--The corporate
13 powers of townships of the second class shall be exercised by
14 the township supervisors. Where no specific authority is given
15 for the expenditures incident to the exercise of any power
16 hereinafter conferred, or where no specific fund is designated
17 from which such expenditures shall be made, appropriations for
18 such expenditures shall be made only from the general township
1 fund. In addition to the duties imposed upon them by section 516
2 hereof, they shall have power--
3 * * *
4 XXVIII. Abandoned Cemeteries.--Whenever any cemetery or
5 burial ground incorporated or unincorporated, is abandoned, or
6 is being neglected although occasionally used for burial
7 purposes, either of the following actions may be taken:
8 (1) The township supervisors may give notice to the owner
9 thereof, directing him to remove the weeds, refuse and debris
10 therefrom within thirty days. If the weeds, refuse and debris
11 are not removed within thirty days after such notice, the
12 supervisors shall cause the same to be done by employes of the
13 township or persons hired for the purpose at the expense of the
14 township. In no case shall the township supervisors expend more
15 than [five hundred dollars in any one year on any one cemetery.]
16 a reasonable sum, as determined by costs and the size of the
17 cemetery. All costs and expenses of such removal shall be a debt
18 owed to the township by the owner of the cemetery or burial
19 ground, and may be collected therefrom as like debts are
20 collected, or (2) the court of common pleas of the county, upon
21 petition of twenty-five residents of the township wherein such
22 cemetery is located, may direct the supervisors to care for such
23 cemetery at a cost of not more than [five hundred dollars in any
24 one year.] a reasonable sum, as determined by costs and the size
25 of the cemetery. The supervisors shall expend moneys from the
26 general township fund for such purpose. Such cemetery shall
27 remain open to the public under the regulation and control of
28 the supervisors.
29 * * *
30 Section 2. This act shall take effect immediately.
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