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                                                       PRINTER'S NO. 319

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 289 Session of 1997


        INTRODUCED BY BUXTON, CAWLEY, ROONEY, ARMSTRONG, SANTONI,
           STETLER, DEMPSEY, BELARDI, STABACK, RUBLEY, BROWNE, ARGALL,
           STURLA, MELIO, BOSCOLA, MIHALICH, CAPPABIANCA, SAYLOR,
           WOJNAROSKI, SHANER AND SCRIMENTI, FEBRUARY 5, 1997

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 5, 1997

                                     AN ACT

     1  Amending the act of July 15, 1957 (P.L.901, No.399), entitled
     2     "An act giving cities of the third class the right and power
     3     to adopt one of several plans of optional charters and to
     4     exercise the powers and authority of local self-government
     5     subject to certain restrictions and limitations; providing
     6     procedures for such adoption and defining the effect
     7     thereof," authorizing the adoption of property maintenance
     8     ordinances; and further providing for fines and penalties.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 303 of the act of July 15, 1957 (P.L.901,
    12  No.399), known as the Optional Third Class City Charter Law,
    13  amended October 3, 1988 (P.L.736, No.105), is amended to read:
    14     Section 303.  Each city governed by an optional form of
    15  government pursuant to this act shall, subject to the provisions
    16  of and limitations prescribed by this act, have full power to:
    17     (1)  Organize and regulate its internal affairs, and to
    18  establish, alter, and abolish offices, positions and employments
    19  and to define the functions, powers and duties thereof and fix
    20  their term, tenure and compensation;

     1     (2)  Adopt and enforce local [police] ordinances [of all
     2  kinds and impose penalties of fine not exceeding one thousand
     3  dollars ($1,000) for a violation of a building, housing,
     4  property maintenance, health, fire or public safety code or
     5  ordinance, and for water, air and noise pollution violations,
     6  and not exceeding six hundred dollars ($600) for a violation of
     7  any other ordinance, or imprisonment for any term not exceeding
     8  ninety days, or both; to construct];
     9     (2.1)  Impose penalties of fine not exceeding one per month
    10  and limited to no more than one thousand dollars ($1,000) for
    11  the first two violations and not exceeding ten thousand dollars
    12  ($10,000) for the third and subsequent violation of the same
    13  subsection of a building, housing or property maintenance
    14  ordinance;
    15     (2.2)  Impose penalties of fine not exceeding one thousand
    16  dollars ($1,000) for violations of any section of any other
    17  ordinance or a term of imprisonment of ninety days or both;
    18     (2.3)  Construct, acquire, operate or maintain any and all
    19  public improvements, projects or enterprises for any public
    20  purpose, subject to referendum requirements otherwise imposed by
    21  law, and to exercise all powers of local government in such
    22  manner as its governing body may determine;
    23     (3)  Sue and be sued, to have a corporate seal, to contract
    24  and be contracted with, to buy, sell, lease, hold and dispose of
    25  real and personal property, to appropriate and expend moneys,
    26  and to adopt, amend and repeal such ordinances and resolutions
    27  as may be required for the good government thereof;
    28     (4)  Exercise powers of condemnation, borrowing and taxation
    29  in the manner provided by general law applicable to cities of
    30  the third class.
    19970H0289B0319                  - 2 -

     1     Section 2.  This act shall take effect in 60 days.




















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