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        PRIOR PRINTER'S NO. 2661                      PRINTER'S NO. 3314

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2029 Session of 1989


        INTRODUCED BY O'DONNELL, ACOSTA, KOSINSKI, CARN, HAYDEN, OLIVER,
           JOSEPHS, DONATUCCI, WOGAN, JAMES, KENNEY AND HUGHES,
           OCTOBER 23, 1989

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 3, 1990

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for
     3     jurisdiction to enjoin certain nuisances in the City of
     4     Philadelphia.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1123(a) of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a paragraph            <--
     9  PARAGRAPHS to read:                                               <--
    10  § 1123.  Jurisdiction and venue.
    11     (a)  General rule.--Except as otherwise prescribed by any
    12  general rule adopted pursuant to section 503 (relating to
    13  reassignment of matters), the Philadelphia Municipal Court shall
    14  have jurisdiction of the following matters:
    15         * * *
    16         (7)  Actions to enjoin nuisances arising under ANY         <--
    17     NUISANCE CAUSED BY THE OPERATION OF A LICENSEE OR OCCURRING


     1     ON LICENSED PREMISES SUBJECT TO the act of April 12, 1951
     2     (P.L.90, No.21), known as the Liquor Code.
     3         (8)  ANY ACTION TO ENJOIN A COMMON LAW NUISANCE OR A       <--
     4     NUISANCE WHICH INVOLVES A VIOLATION OF ANY CITY ORDINANCE OR
     5     CODE, OR ANY PENAL STATUTE. THE ACTION TO ENJOIN MAY BE
     6     BROUGHT BY ANY PERSON WHO RESIDES OR HAS A PLACE OF BUSINESS
     7     WITHIN 500 FEET OF THE LOCATION OF THE ALLEGED NUISANCE.
     8     * * *
     9     Section 2.  This act shall take effect in 60 days.














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