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                                                      PRINTER'S NO. 1920

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1413 Session of 2002


        INTRODUCED BY MADIGAN, WENGER, O'PAKE, THOMPSON, HELFRICK,
           COSTA, KITCHEN, MURPHY, GERLACH, LOGAN, WOZNIAK, CORMAN,
           ROBBINS, ARMSTRONG, RHOADES, D. WHITE, PUNT, KASUNIC, MUSTO,
           STOUT, M. WHITE AND LEMMOND, APRIL 17, 2002

        REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 17, 2002

                                     AN ACT

     1  Amending the act of June 10, 1982 (P.L.454, No.133), entitled
     2     "An act protecting agricultural operations from nuisance
     3     suits and ordinances under certain circumstances," further
     4     providing for limitation on local ordinances.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 3 of the act of June 10, 1982 (P.L.454,
     8  No.133), entitled "An act protecting agricultural operations
     9  from nuisance suits and ordinances under certain circumstances,"
    10  amended March 19, 1992 (P.L.17, No.6), is amended to read:
    11  Section 3.  Limitation on local ordinances.
    12     (a)  Every municipality shall encourage the continuity,
    13  development and viability of agricultural operations within its
    14  jurisdiction. Every municipality that defines or prohibits a
    15  public nuisance shall exclude from the definition of such
    16  nuisance any agricultural operation conducted in accordance with
    17  normal agricultural operations so long as the agricultural
    18  operation does not have a direct adverse effect on the public

     1  health and safety.
     2     (b)  Direct commercial sales of agricultural commodities upon
     3  property owned and operated by a landowner who produces not less
     4  than 50% of the commodities sold shall be authorized,
     5  notwithstanding municipal ordinance, public nuisance or zoning
     6  prohibitions. Such direct sales shall be authorized without
     7  regard to the 50% limitation under circumstances of crop failure
     8  due to reasons beyond the control of the landowner.
     9     (c)  (1)  No municipality shall adopt any ordinance or
    10     implement any policy that is contrary to this act and its
    11     purposes or any other laws of this Commonwealth. Local
    12     regulation shall be consistent with this act and shall not
    13     unfairly discriminate against agricultural operations.
    14         (2)  Any person aggrieved by a violation of this
    15     subsection may institute an action in a court of proper
    16     jurisdiction to invalidate any ordinance or policy in
    17     violation of this subsection.
    18         (3)  If the court determines that a municipality
    19     willfully or with wanton disregard violated a provision of
    20     this act, in whole or in part, the court may award the
    21     prevailing party reasonable attorney fees and costs of
    22     litigation or an appropriate portion of the fees and costs.
    23     If the court finds that the legal action was of a frivolous
    24     nature or was brought with no substantial justification, the
    25     court may award the prevailing party reasonable attorney fees
    26     and costs of litigation or an appropriate portion of the fees
    27     and costs.
    28     Section 2.  This act shall take effect immediately.


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