Regular Session 2015-2016 Senate Bill 0775 P.N. 0834

PRINTER'S NO. 834

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

775

Session of

2015

INTRODUCED BY EICHELBERGER, HUTCHINSON, McGARRIGLE, WOZNIAK AND

BLAKE, MAY 1, 2015

REFERRED TO LOCAL GOVERNMENT, MAY 1, 2015

AN ACT

Amending Title 11 (Cities) of the Pennsylvania Consolidated

Statutes, consolidating The Third Class City Code; making

revisions concerning records of ordinances maintained by the

city clerk, bond, insurance and salary, qualifications for

office of city treasurer, committee preparation of uniform

financial report forms, observances, celebrations and

recognition, selection of appointee from certified list of

applicants and support of Pennsylvania National Guard units;

making an editorial change; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 11 of the Pennsylvania Consolidated

Statutes is amended by adding parts to read:

PART I

PRELIMINARY PROVISIONS (Reserved)

PART II

FIRST CLASS CITIES (Reserved)

PART III

SECOND CLASS CITIES (Reserved)

PART IV

SECOND CLASS A CITIES (Reserved)

PART V

THIRD CLASS CITIES

Chapter

101. Preliminary Provisions

102. Procedures for Incorporation

103. Change of Corporate Title

104. Creation and Division of Wards

106. City Boundaries

107. Elected Officers and Elections

108. Vacancies in Office

109. City Officers and Employees

110. Council

111. Executive Department

112. Mayor

112A. City Administrator

114. City Treasurer

115. City Engineer

116. City Solicitor

117. City Controller and Independent Auditor

118. Accounts and Finances

119. Contracts

120. Police Force

121. Fire Bureau

122. Surveys and Surface Support in Coal Mining Areas

123. Public Health

124. Corporate Powers

125. Taxation

126. Licenses and License Fees

127. Real Estate Registry

127A. Nuisance Abatement

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128. Eminent Domain

129. Streets

130. Sidewalks

131. Bridges

132. Sanitary Sewers

134. Watercourses, Flood Protection Projects and Storm Water

Systems

135. Utility Service

136. Public Buildings and Works

137. Parks, Playgrounds and Recreation Centers

141A. Uniform Construction Code, Property Maintenance Code

and Reserved Powers

142. Aeronautics

143. Pensions

144. Civil Service

144A. Veterans' Affairs

145A. Assessments for Public Improvements

146. Collection of Municipal Claims and Compromise of Claims

147. Miscellaneous Provisions

CHAPTER 101

PRELIMINARY PROVISIONS

Sec.

10101. Short title of part.

10102. Definitions.

10103. Excluded provisions.

10104. Construction of part.

10105. Constitutional construction.

10106. (Reserved).

10107. Applicability and ability.

10108. (Reserved).

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10109. Publication of notices.

§ 10101. Short title of part.

This part shall be known and may be cited as the Third Class

City Code.

§ 10102. Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bill." A proposed ordinance introduced in council.

"City." A city of the third class.

"Council." A council of a city.

"Highway." A State highway of the Commonwealth.

"Home Rule Charter and Optional Plans Law." The provisions

of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and

optional plan government) and, where applicable, the former act

of April 13, 1972 (P.L.184, No.62), known as the Home Rule

Charter and Optional Plans Law.

"Municipal authority" or "municipality authority." A body

politic and corporate created under any of the following:

(1) 53 Pa.C.S. Ch. 56 (relating to municipal

authorities).

(2) The former act of May 2, 1945 (P.L.382, No.164),

known as the Municipality Authorities Act of 1945.

(3) The former act of June 28, 1935 (P.L.463, No.191),

known as the Municipality Authorities Act of one thousand

nine hundred and thirty-five.

"Municipal Claim and Tax Lien Law." The act of May 16, 1923

(P.L.207, No.153), referred to as the Municipal Claim and Tax

Lien Law.

"Municipal corporation." A city, borough, incorporated town

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or township.

"Municipalities Planning Code." The act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code.

"Municipality." A county, city, borough, incorporated town

or township.

"Newspaper of general circulation." As defined in 45 Pa.C.S.

§ 101 (relating to definitions).

"Pennsylvania Construction Code Act." The act of November

10, 1999 (P.L.491, No.45), known as the Pennsylvania

Construction Code Act.

"Pennsylvania Election Code." The act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code.

"Street." Any of the following:

(1) A street, avenue, boulevard, parkway, road, lane,

court, alley or public square within a city.

(2) A highway within a city to the extent that the city

is legally responsible for it, pursuant to agreement or by

other means.

§ 10103. Excluded provisions.

This part shall not be construed to repeal an act relating

to:

(1) The collection of municipal and tax claims by lien.

(2) The method of incurring and increasing city

indebtedness.

(3) The conduct of an election.

(4) A public school, except for the collection of a

school tax by the city treasurer.

(5) (Reserved).

(6) A constable.

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(7) The provision of municipal consent to a public

utility.

(8) A weight and measure.

(9) A validation of an election, bond, ordinance and act

of a corporate officer.

(10) A joint city and county building.

(11) A library.

(12) A highway.

(13) A joint or several authority or duty which applies

to a city and to other classes of political subdivisions by

virtue of general acts of Assembly .

§ 10104. Construction of part.

(a) Existing law.--

(1) The provisions of this part that are the same as the

provisions of existing laws are intended as a continuation of

the existing laws and not as new enact ments.

(2) The repeal under this part of a statutory provision

shall not revive a repealed or superseded statutory provision

or affect the corporate existence of an incorporated city.

(3) The provisions of this part shall not affect any of

the following:

(i) An act that was taken, a liability that was

incurred or a right that accrued or vested.

(ii) A suit or prosecution that is pending or to be

instituted to enforce a right or penalty or punish an

offense under the authority of the repealed law.

(4) Each ordinance, resolution, regulation and rule made

under a statute repealed under this part shall continue with

the same force and effect as if the statute had not been

repealed.

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(5) An individual holding an office or position under or

by virtue of a statute repealed under this part shall

continue to hold the office or position until the expiration

of the term of office, subject to the conditions and tenure

attached to the office or position prior to July 1, 1931.

(b) Powers.--A city shall possess, and council and other

city officials may execute, the corporate powers and duties as

provided in this part a nd in other laws to the extent that the

powers and duties are not repealed by this part .

§ 10105. Constitutional construction.

The provisions of this part are severable. If any provision

of this part or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this part which can be given effect without

the invalid provision or application .

§ 10106. (Reserved).

§ 10107. Applicability and ability.

(a) Applicability.--This part shall apply to:

(1) All cities which have been incorporated under or

which have accepted the provisions of the act of May 23, 1874

(P.L.230, No.152), entitled "An act dividing cities of this

State into three classes; regulating the passage of

ordinances; providing for contracts for supplies and work for

said cities; authorizing the increase of indebtedness, and

the creation of a sinking fund to redeem the same; defining

and punishing certain offenses in all of said cities; and

providing for the incorporation and government of the cities

of the third class."

(2) All cities which have been incorporated under the

provisions of the former act of May 23, 1889 (P.L.277,

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No.247), entitled "An act providing for the incorporation and

government of cities of the third class."

(3) All cities which have been incorporated under the

provisions of the former act of June 27, 1913 (P.L.568,

No.367), entitled "An act providing for the incorporation,

regulation, and government of cities of the third class;

regulating nomination and election of municipal officers

therein; and repealing, consolidating, and extending existing

laws in relation thereto ."

(4) All cities formed by the consolidation of boroughs

having voted separately to become cities in accordance with

the provisions of the former act of May 24, 1917 (P.L.262,

No.143), entitled "An act to enable two or more boroughs that

are contiguous or in close proximity to be united and to

become one city, wherever each of said boroughs shall have

hereto fore voted or shall hereafter vote to become a city of

the third class, under laws now enact ed or which may

hereafter be enact ed; and wherever each of said boroughs has

duly received or shall hereafter duly receive letters patent

constituting it a city of the third class, but where

sufficient time shall not have elapsed after the granting of

such letters patent for the holding of a municipal election;

providing for the consequences of such consolidation, the

government of such consolidated city, the payment of the

indebtedness of each of the united territories and the

enforcement of debts and claims due to and from each, and

fixing the jurisdiction over the said consolidated city in

the courts of the county in which the majority of its

inhabitants shall reside."

(5) All cities incorporated under the provisions of the

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former act of June 23, 1931 (P.L.932, No.317), known as The

Third Class City Code.

(6) All cities incorporated under the provisions of this

part .

(b) Ability.--This part shall not be construed as a

limitation on the ability of a city to do any of the following:

(1) To continue operating under the form of government

previously selected and exercising powers previously acquired

by the city in accordance with the act of July 15, 1957

(P.L.901, No.399), known as the Optional Third Class City

Charter Law.

(2) To adopt or continue utilizing a form of government

and to acquire or continue exercising powers pursuant to an

optional plan or a home rule charter which has been or may be

adopted in accordance with the Home Rule Charter and Optional

Plans Law.

§ 10108. (Reserved).

§ 10109. Publication of notices.

(a) General newspaper.--

(1) If advertisement, notice or publication is required

to be published in a newspaper under this part, the

publication must be made one time, unless the provision

requiring publication specifies other times, in at least one

newspaper of general circulation published in the city. If a

newspaper of general circulation published in the city does

not exist, publication must be made in a newspaper of general

circulation in the city.

(2) If notice is required to be published in more than

one newspaper, it must be published in at least one newspaper

of general circulation published in the city. If a newspaper

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of general circulation published in the city does not exist,

publication must be made in a newspaper of general

circulation in the city.

(b) Legal newspaper.--

(1) Except as provided under paragraph (2) and in

addition to the requirements of subsection (a), if a notice

relates to a proceeding or matter in a court, the holding of

an election for the increase of indebtedness or the issue and

sale of bonds to be financed by taxation, the notice must be

published in the legal newspaper designated by the rules of

court of the proper county for the publication of legal

notices and advertisements, unless publication is not

required by special order of court.

(2) An ordinance, auditor's statement, summary of an

auditor's statement, advertisement inviting a proposal for

public contract and for bid for material and supplies or a

list of delinquent taxpayers shall be published only in

newspapers of general circulation.

CHAPTER 102

PROCEDURES FOR INCORPORATION

Sec.

10200. Definitions.

10201. Creation of cities.

10203.1. Incorporating resolution.

10204. Resolution certification and form.

10204.1. Notice of election.

10205. Returns of election.

10206. Vote against i ncorporating as city.

10207. Letters patent and boundaries.

10208. Property of entities vested in city.

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10209. Temporary preservation and city organization.

10210. Existing liabilities, debts and claims.

§ 10200. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Incorporation resolution." A resolution to submit at a

general or municipal election a referendum question to the

registered voters of a municipal corporation.

"Municipal corporation." A borough, a township of the first

class, a township of the second class or an incorporated town.

"Referendum question." The question of whether a municipal

corporation shall become incorporated as a city of the third

class to be known as the "City of ........................."

§ 10201. Creation of cities.

A city shall be chartered as follows:

(1) A single municipal corporation having a population

of at least 10,000 according to the last preceding United

States census may be incorporated as a city in accordance

with this chapter if a majority of the registered voters in

the municipal corporation cast an affirmative vote in favor

of the referendum question.

(2) Two or more contiguous municipal corporations having

a combined population of at least 10,000 according to the

last preceding United States census may, under 53 Pa.C.S. Ch.

7 Subch. C (relating to consolidation and merger),

incorporate as a city and determine whether the newly

incorporated city shall be governed by this part and other

general laws applicable to and governing cities.

§ 10203.1. Incorporating resolution.

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(a) Governing body.--The governing body of a municipal

corporation may adopt an incorporation resolution.

(b) Petition.--If at least 200 registered voters of a

municipal corporation petition the governing body of the

municipal corporation for the adoption of an incorporation

resolution, the governing body shall adopt the incorporation

resolution.

§ 10204. Resolution certification and form.

The governing body of a municipal corporation that adopts an

incorporation resolution shall certify the incorporation

resolution to the county board of elections of each proper

county. The county board of elections shall, at the general or

municipal election in the manner required by the Pennsylvania

Election Code, submit a referendum question to the registered

voters of the municipal corporation that has certified an

incorporation resolution.

§ 10204.1. Notice of election.

Notice of the election at which registered voters of a

municipal corporation will be voting on a referendum question

shall be given by the secretary or other person designated by

the municipal corporation. The notice required under this

section shall be published once a week for four successive weeks

in a newspaper of general circulation in the municipal

corporation in which the referendum question will be submitted

to the registered voters.

§ 10205. Returns of election.

In each county in which a referendum question is submitted to

the registered voters of a municipal corporation, the county

board of elections shall return the vote cast on the referendum

question to the following:

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(1) The clerk of the court for the county.

(2) The governing body of the municipal corporation in

which registered voters voted on a referendum question.

(3) If a majority of the votes cast by the registered

voters of the municipal corporation are in favor of

incorporating as a city, the Secretary of the Commonwealth

and the Department of Community and Economic Developme nt.

§ 10206. Vote against i ncorporating as city.

If the returns of an election under section 10204.1 (relating

to notice of election) show that a majority of registered voters

in a municipal corporation voted "no" on the referendum

question , further proceedings may not occur and another election

on the referendum question may not be held in the municipal

corporation until the third ensuing general or municipal

election.

§ 10207. Letters patent and boundaries.

If the returns of an election under section 10204.1 (relating

to notice of election) show that a majority of registered voters

in a municipal corporation voted "yes" on the referendum

question, within 60 days after the election the governing body

of the municipal corporation shall furnish to the Secretary of

the Commonwealth the necessary information with respect to the

boundaries of the new city and the Governor shall issue letters

patent, under the Great Seal of the Commonwealth, reciting the

facts, defining the boundaries of the city and constituting the

city as a body corporate and politic by the name of the City

of.........................

§ 10208. Property of entities vested in city.

The property and estates of the municipal corporations which

have become a city in accordance with this chapter are severally

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and respectively vested in the corporation or body politic of

the city for the use and benefit of the citizens of the city.

§ 10209. Temporary preservation and city organization.

(a) Existing government.--The government of the municipal

corporation shall continue in full force and operation until the

first Monday of January next succeeding the municipal election

under section 10702 (relating to first elections in newly

created cities). On the first Monday of January next succeeding

the municipal election under section 10702, the officers of the

city chosen at the municipal election shall begin their terms of

service and the city government shall be organized under this

part .

(b) Service.--If, in the organization of the city government

of a newly incorporated city, an individual is appointed by

council to an office which, under this part, has a definite term

and a definite time for the election of an individual to the

office, the individual appointed shall serve only for the time

intervening between the individual's appointment and the day set

under this part for the regular election or appointment of the

officer for a full term.

§ 10210. Existing liabilities, debts and claims.

If a municipal corporation is incorporated as a city in

accordance with this part , the following shall apply:

(1) Each suit, prosecution, debt and claim shall be

transferred to the newly incorporated city.

(2) Each pending suit involving the municipal

corporation shall be under the management and control of the

newly incorporated city which shall be substituted as a party

in the suit.

(3) Each valid claim and demand existing against the

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municipal corporation shall be enforceable against the city.

(4) Each bond and floating indebtedness and the interest

on a bond and floating indebtedness existing at the time a

municipal corporation became incorporated as a city in

accordance with this part must be paid by the newly

incorporated city in a manner that taxes are uniform

throughout the territorial limits of the whole city.

CHAPTER 103

CHANGE OF CORPORATE TITLE

Sec.

10301. Resolution and petition.

10302. Hearing and decree.

10303. Recording decree.

10304. Existing rights and liabilities.

§ 10301. Resolution and petition.

Council may initiate proceedings to change the corporate

title of a city by doing all of the following:

(1) Adopting a resolution proposing to make the change

in the corporate title of a city.

(2) Presenting to the court of common pleas of the

county in which the city is located a petition, along with a

certified copy of the resolution, requesting the change in

the corporate title of the city.

§ 10302. Hearing and decree.

(a) Date and publication.--Upon presentation to the court of

the petition and resolution under section 10301 (relating to

resolution and petition), the court shall set a day for a

hearing on the question of the change in the corporate title of

the city and shall direct that notice of the hearing be

published once a week for three weeks in a newspaper of general

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circulation.

(b) Testimony.--A court shall permit a resident of the city

to give testimony at the hearing in support of or in opposition

to the change of the corporate title of the city.

title of the city in accordance with the petition and resolution

of council or dismiss the petition.

§ 10303. Recording decree.

A change in the corporate title of a city that is ordered in

accordance with section 10302(c) (relating to hearing and

decree) may not take effect until a certified copy of the decree

of court is filed in the office of the Secretary of the

Commonwealth and is recorded in the office of the recorder of

deeds of the county in which the city is located.

§ 10304. Existing rights and liabilities.

A change in the corporate title of a city shall not affect

any of the following:

(1) A liability incurred.

(2) A right accrued or vested.

(3) An obligation issued or contracted.

(4) A suit or prosecution pending or instituted to

enforce a right or penalty accrued or to punish an offense

committed prior to the change.

CHAPTER 104

CREATION AND DIVISION OF WARDS

Sec.

10401. General power of council.

10401.1. Petition of registered voters.

10402. (Reserved).

10403. Appointment of commission.

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10403.1. Expenses of commissioners.

10403.2. Report.

10404. Election.

10405. Notice of election and review of report.

10406. Election laws.

10407. Voting procedures.

10408. Change of ward lines by council.

10409. Pennsylvania Election Code.

§ 10401. General power of council.

(a) Power.--In addition to reapportionment of wards under 53

Pa.C.S. Ch. 9 (relating to municipal reapportionment) and

section 11 of Article IX of the Constitution of Pennsylvania, a

council may, with or without a petition as provided under

section 10401.1 (relating to petition of registered voters) and

subject to approval by the registered voters as provided under

section 10407 (relating to voting procedures), create a new

ward, divide a ward or detach part of a ward and attach it to

another ward, in accordance with this chapter .

(b) Registered voter requirement.--A new ward must contain

at least 300 registered voters according to the last general or

municipal election.

composed of compact and contiguous territory as nearly equal in

population as practicable and as officially and finally reported

in the most recent Federal decennial or special census.

§ 10401.1. Petition of registered voters.

(a) Initiation of proceedings.--Registered voters may

petition council to initiate proceedings under section 10401

(relating to general power of council) to create new wards,

divide a ward or wards or detach part of a ward and attach it to

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another ward as follows:

(1) One hundred registered voters may petition council

to create or divide a ward if:

(i) In the case of a petition proposing to create a

ward, the petitioners reside in the portion of the city

which the petition proposes to create as a ward.

(ii) In the case of a petition proposing to divide a

ward, the petitioners reside in the ward which the

petition proposes to divide.

(2) Twenty-five registered voters may petition to detach

part of one ward and attach the detached part to another ward

if the petitioners reside in the part of the ward that is

proposed to be detached.

(b) Council.--Council shall determine, by motion approved by

a majority of council and within 90 days of presentment of the

petition, whether to initiate proceedings under section 10401.

If the motion is in favor of initiating proceedings, council

shall appoint a commission in accordance with section 10403

(relating to appointment of commission).

motion within 90 days after the presentment of a petition under

sub section (a), 10 registered voters may petition the court of

common pleas and contest the existing apportionment as violating

section 10401. The proceedings before the court shall be

conducted in accordance with 53 Pa.C.S. §§ 906 (relating to

contest of reapportionment by governing body) and 907 (relating

to costs and expenses of contest).

§ 10402. (Reserved).

§ 10403. Appointment of commission.

(a) Report and recommendation.--If council initiates

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proceedings under section 10401 (relating to general power of

council), council shall appoint as commissioners five impartial

registered voters who are residents of the city to make a report

and recommendation concerning the necessity, desirability and

feasibility of proposed wards.

(b) Residency.--Except as provided under sub section (c), a

commissioner under subsection (a) may not be a resident of a

ward which will be affected by the petition.

commissioner appointed under sub section (a) must be selected

from the city at large and may be a resident of a ward which

will be affected by the petition.

§ 10403.1. Expenses of commissioners.

Council must make an appropriation for reasonable expenses

incurred by commissioners for service under this chapter . Each

commissioner shall submit for approval an itemized account of

the commissioner's expenses to the city controller .

§ 10403.2. Report.

(a) Contents.--

(1) The commissioners appointed by council under section

10403(a) (relating to appointment of commission) shall

examine the premises and prepare a report which shall include

a draft of each ward affected by the proposed creation,

division or detachment showing the following:

(i) The division or change or the lines of each ward

as affected by the separation and attachment.

(ii) The population contained within each affected

ward using figures officially and finally reported in the

most recent Federal decennial or special census.

(2) The report under paragraph (1) shall be submitted to

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council and shall include a recommendation reflecting the

decision of a majority of the commissioners concerning the

proposed creation, division or detachment of a ward.

(b) Territory.--Consistent with the standards applied in

municipal reapportionment under 53 Pa.C.S. § 903(b) (relating to

reapportionment by governing body), a report under subsection

(a) may not recommend the creation, division or detachment of a

ward unless the result of implementing the report and

recommendation would be that each ward in the city is composed

of compact and contiguous territory as nearly equal in

population as practicable as officially and finally reported in

the most recent Federal decennial or special census.

(a), council shall, by motion, determine whether to submit the

question of the proposed creation, division or detachment of a

ward as provided in the report to the registered voters of the

city in accordance with section 10404 (relating to election).

§ 10404. Election.

(a) Certification.--If, based upon the report under section

10403.2 (relating to report), council decides to proceed,

council shall certify to the county board of elections the

question of the creation, division or detachment of the ward to

be submitted to the registered voters of each ward which are the

subject of the report at the general or municipal election

occurring not less than 90 days after the report was approved by

council.

(b) Ballot.--The county board of elections shall place the

question of approving the creation, division or detachment of a

ward on the ballot in each ward or parts of a ward that will be

affected by the question at the appropriate election in the

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manner provided under the Pennsylvania Election Code.

§ 10405. Notice of election and review of report.

(a) Publication.--A city must publish a notice of election

in a newspaper of general circulation at least 15 days prior to

the date that the question of approving the creation, division

or detachment of a ward is to be presented at the specified

general or municipal election.

(b) Contents.--An election notice under subsection (a) must

contain a statement of the issue to be submitted to the

registered voters at the election, including each ward or parts

of a ward to be affected and the date on which the election is

to be held. The notice shall reference the report and specify

that it is available for review and copying as a public record

under the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

§ 10406. Election laws.

Each matter relating to the election at which the question of

approving the creation, division or detachment of a ward or is

to be presented to the voters shall be governed by the

Pennsylvania Election Code.

§ 10407. Voting procedures.

(a) Publication.--The county board of elections must

tabulate and publish the results of the referendum in a

newspaper of general circulation within 30 days of the election.

A certified copy of the results shall be placed on record with

the minutes of council.

(b) Positive vote.--If a majority voted in favor of creating

or dividing a ward or the detachment of a part of a ward to be

attached to another ward, council shall proceed to create or

divide a ward or detach a part of a ward to be attached to

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another ward in accordance with the report and shall number the

new wards if necessary.

dividing a ward or the detachment of a part of a ward to be

attached to another ward, further action may not be taken and a

new petition on the same question may not be resubmitted until

two years from the date of the election.

§ 10408. Change of ward lines by council.

If council determines during proceedings for the division or

creation of a ward that any of the boundaries or divisions are

uncertain, council must determine the relocation of the line to

conform as nearly as possible to the previously determined

boundary lines so that each ward in the city is composed of

compact and contiguous territory as nearly equal in population

as practicable as officially and finally reported in the most

recent Federal decennial or special census.

§ 10409. Pennsylvania Election Code.

Nothing under this chapter shall be construed as affecting

the powers and duties of the court of common pleas or the county

board of elections and restrictions on alteration of election

districts as provided under Article V of the Pennsylvania

Election Code.

CHAPTER 106

CITY BOUNDARIES

Sec.

10601. Navigable stream boundaries.

10602. Court establishment of disputed boundaries.

10603. Petition, commissioners and report.

10604. Exceptions and procedure.

10605. Pay and expenses of commissioners.

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10606. Boundary monuments.

§ 10601. Navigable stream boundaries.

If a city is bounded by the nearest margin of a navigable

stream and an opposite municipal corporation is bounded by the

nearest margin of the same stream, the boundaries of the city

shall extend to the center line of the stream. Nothing under

this section shall be construed to repeal a local or special law

providing for a different boundary.

§ 10602. Court establishment of disputed boundaries.

(a) Establishment.--If a city or a municipal corporation

contiguous to a city disputes the boundary between the city and

the municipal corporation, the court of common pleas, after

petition of the city or the contiguous municipal corporation,

may establish the disputed boundary.

(b) County boundary.--In a dispute involving the boundary of

a county, this chapter shall not supersede the application of

the the act of August 9, 1955 (P.L.323, No.130), known as The

County Code, the act of July 28, 1953 (P.L.723, No.230), known

as the Second Class County Code, or any other law applicable to

the fixing of county boundaries.

§ 10603. Petition, commissioners and report.

(a) Appointment.--After petition under section 10602(a)

(relating to court establishment of disputed boundaries), the

court shall appoint three impartial commissioners who may employ

a professional engineer or surveyor.

(b) Hearing.--After giving notice to interested parties by

publication once in at least one newspaper of general

circulation or as directed by the court, the commissioners shall

hold a hearing and view the disputed boundaries.

20150SB0775PN0834 - 23 -

report and recommendations to the court, accompanied by a plot

or draft of the lines and boundaries proposed to be established

if the lines and boundaries cannot be fully designated by

natural lines or boundaries.

(d) Order.--After the filing of the report, it shall be

confirmed nisi, and the court may make a further order.

§ 10604. Exceptions and procedure.

(a) Filing.--An exception to the report under section

10603(c) (relating to petition, commissioners and report) may be

filed by an interested person or municipal corporation within 30

days after the filing of the report.

(b) Date and notice.--The court must set a date for the

hearing of an exception under subsection (a) and must provide

notice of the hearing.

(1) After completion of the hearing under subsection

(b), the court may sustain or dismiss the exceptions and

confirm the report or refer the report back to the same or

new commissioners with the authority to make another report.

(2) If no exceptions are filed within 30 days after the

filing of the report, the court must confirm the report in

its entirety.

(3) If a report is confirmed in its entirety, the court

must enter a decree establishing the lines and boundaries as

shown in the report.

§ 10605. Pay and expenses of commissioners.

Each commissioner shall receive reasonable compensation as

established by the court and reasonable expenses incurred for

surveying services, which must be paid equally by the city and

any interested municipal corporation.

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§ 10606. Boundary monuments.

If a boundary, ascert ained and established under this

chapter, cannot be fully d escribed by natural lines, the court

must enter an order requiring the boundary to be marked with

permanent monuments, placed at intervals of not more than 1,500

feet and at the end of a course. The expense of placing the

monuments, as approved by the court, shall be paid equally by

the city and any interested municipal corporation.

CHAPTER 107

ELECTED OFFICERS AND ELECTIONS

Sec.

10701. Elected officers, term, reelection and vacancy.

10702. First elections in newly created cities.

10703. Nominations and elections.

10704. Certificates of election.

§ 10701. Elected officers, term, reelection and vacancy.

(a) Elected officer and term.--

(1) Except as provided under sub section (c), the elected

officers of a city shall be a mayor, four council members, a

controller and a treasurer.

(2) Except as provided under section 10702 (relating to

first elections in newly created cities) with respect to the

first election of members of council, each elected officer

shall serve for a term of four years from the first Monday of

January next succeeding the officer's election.

(3) An officer shall be eligible for reelection.

(b) Disqualification.--A individual elected to a city office

who fails to qualify in accordance with section s 10904 (relating

to offices to be held until qualification of successors) and

10905 (relating to oath of office, violation of oath and

20150SB0775PN0834 - 25 -

penalty) and, as applicable, section 11101 (relating to

executive departments), 11201 (relating to qualifications),

11401 (relating to qualifications) or 11701 (relating to

qualifications, bond and compensation) shall be ineligible to

qualify. A vacancy shall exist in the office and a individual

shall be appointed to fill the vacancy in the manner provided

under this part.

members may be elected to form a seven-member council comprised

of six council members and the mayor, as follows:

(1) After petition of at least 5% of the registered

voters of the city or pursuant to a resolution of council,

and approval by a majority of voters at the next municipal or

general election, two additional council members shall be

elected.

(2) The referendum petition or resolution of council

certified by the city clerk must be filed with the county

board of elections not later than the thirteenth Tuesday

before the next municipal or general election. The county

board of elections must place the question before the

electors as provided under the Pennsylvania Election Code.

The form of the question shall be as follows:

Should two additional council members be elected to serve

in this city, so that council shall be comprised of six

council members and the mayor?

Yes No

(3) The county board of elections must tabulate and

publish in a newspaper of general circulation the results of

the referendum within 30 days of the election.

(4) The question of additional council members may not

20150SB0775PN0834 - 26 -

be voted on more than once in a three-year period.

(5) The terms of a council member elected under this

subsection shall be as follows:

(i) At the first municipal election following

approval at a general election of the question providing

for the election of two additional council members, one

of the additional council members shall be elected for a

term of four years and one for a term of two years. Each

council member shall serve from the first Monday of

January after the election.

(ii) At the first general election following

approval at a municipal election of the question

providing for the election of two additional council

members, one of the additional council members shall be

elected for a term of three years and one for a term of

one year. Each council member shall serve from the first

Monday of January after the election.

(iii) After the term listed under subparagraph (i)

or (ii), each additional council member shall be elected

for a term of four years beginning service from the first

Mond ay of January after the election.

(6) I n a city divided into wards, each council member

elected under paragraph (5) shall represent the city at

large. No earlier than four years after the election adding

two additional council members, the city may change the

representation of either or both of the two additional seats

from at large to ward representation in accordance with

Chapter 104 (relating to creation and division of wards) or

any other law.

(d) Reduction of council members.--A city that has opted for

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a seven-member council may reestablish a five-member council

comprised of four council members and the mayor, as follows:

(1) In a city in which the electorate has opted for a

seven-member council, comprised of six council members and

the mayor, the city must return to a five-member council,

including the mayor, upon petition of at least 5% of the

registered voters of the city or pursuant to a resolution of

council and after approval by a majority of electors voting

at the next municipal or general election. The referendum

petition or resolution must be filed with the county board of

elections not later than the thirteenth Tuesday before the

next municipal or general election. The county board of

elections shall place the question before the electors as

provided under the Pennsylvania Election Code. The form of

the question shall be as follows:

Should this city return to a five-member council,

comprised of four council members and the mayor?

Yes No

(2) The county board of elections shall tabulate and

publish in a newspaper of general circulation the results of

the referendum within 30 days of the election. The question

of reducing the seven-member council may not be voted on more

than once in a five-year period.

(3) The following shall apply:

(i) At the first municipal election following

approval of the question providing for the return to a

five-member council, comprised of four council members

and the mayor, four council members shall be elected to

serve from the first Monday of January after the

election.

20150SB0775PN0834 - 28 -

(ii) The terms of the six council members serving on

the seven-member council shall cease on the first Monday

of January after the election under subparagraph (i).

(iii) The four candidates receiving the highest

number of votes for the office of council member shall be

elected.

(iv) The two candidates receiving the first and

second highest number of votes shall serve for a term of

four years.

(v) The two candidates receiving the third and

fourth highest number of votes shall serve for a term of

two years.

(vi) After the terms listed under subparagraphs (iv)

and (v), a council member shall serve a term provided

under sub section (a).

§ 10702. First elections in newly created cities.

(a) Election.--At the first municipal election occurring at

least 90 days after the date of the letters patent issued by the

Governor incorporating the city, the registered voters of the

city shall elect city officials as provided under section

10701(a)(1) (relating to elected officers, term, reelection and

vacancy).

(b) Highest votes.--The two candidates for council receiving

the highest number of votes at the election shall serve for a

term of four years from the first Monday of January next

succeeding the candidate's election.

receiving the next highest number of votes shall serve for a

term of two years from the first Monday of January next

succeeding the election.

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§ 10703. Nominations and elections.

Each matter relating to a nomination of a candidate and

election of a city officer shall be governed by the

Pennsylvania Election Code.

§ 10704. Certificates of election.

After the election of city officers under this chapter , the

county board of elections must issue and the officer-elect must

procure a certificate of election. The officer-elect must

present the certificate of election to council on the date and

time provided under law for council's organization. The

certificate must be filed with the city archives and the

certificate's presentation must be noted in the minutes.

CHAPTER 108

VACANCIES IN OFFICE

Sec.

10801. Council and office of mayor.

10802. Controller and treasurer.

§ 10801. Council and office of mayor.

(a) Appointment.--Within 30 days of a vacancy in the office

of mayor or other member of council or if an elected mayor or

council member has failed to qualify under section 10701

(relating to elected officers, term, reelection and vacancy)

prior to taking office, council must, by a majority of council's

remaining members, appoint a qualified individual to fill the

vacant office.

(b) President judge.--If a council does not fill a vacancy

within 30 days under sub section (a) or if a vacancy exists in

the offices of at least a majority of the members of council,

including the position of mayor, the president judge of the

court of common pleas having jurisdiction within the city, must

20150SB0775PN0834 - 30 -

fill each vacancy upon either the petition of at least 10

qualified electors of the city or the petition of a majority of

the remaining members of council.

(b) shall serve for the lesser of the following terms:

(1) The remainder of the unexpired term of the office to

which the individual is appointed.

(2) Until the first Monday of January after the next

municipal election occurring at least 30 days after the

vacancy occurred.

(d) Unexpired term.--If necessary to fill the unexpired term

of the individual originally elected to an office that has

become vacant, an individual shall be elected at the municipal

election referred to under sub section (c)(2) to serve from the

first Monday of January after the election for the remainder of

the unexpired term.

§ 10802. Controller and treasurer.

(a) Appointment.--Within 30 days after a vacancy occurs in

the office of city controller or in the office of city treasurer

or if an elected city controller or city treasurer has failed to

qualify under section 10701 (relating to elected officers, term,

reelection and vacancy) prior to taking office, council must

appoint a qualified individual to fill the vacant office.

(b) President judge.--If a council does not fill a vacancy

within 30 days under sub section (a), the president judge of the

court of common pleas having jurisdiction within the city must

fill the vacancy upon the petition of at least 10 registered

voters of the city.

(b) shall serve for the lesser of the following terms:

20150SB0775PN0834 - 31 -

(1) For the remainder of the unexpired term of the

controller or treasurer whose office has become vacant.

(2) Until the first Monday of January after the next

municipal election occurring at least 200 days after the

vacancy occurs.

(d) Unexpired term.--If necessary to fill the unexpired term

of the controller or treasurer whose office has become vacant,

an individual shall be elected at the municipal election

referred to under sub section (c)(2) to serve from the first

Monday of January after the election for the remainder of the

unexpired term.

(e) Bond.--If an individual is elected or appointed to fill

an office for which a bond is required and if within 14 days of

the date the individual is scheduled to take the oath of office

at the organizational meeting of council the individual fails to

post a bond, the office shall be deemed to be vacant and the

resulting vacancy shall be filled as provided under this

chapter .

CHAPTER 109

CITY OFFICERS AND EMPLOYEES

Sec.

10901. Appointment, removal and prohibition.

10902. Number, duties and compensation.

10903. Salary, compensation and emoluments of officers.

10904. Offices to be held until qualification of successors.

10905. Oath of office, violation of oath and penalty.

10906. Bond to be given by officers and agents.

10907. Surety bonds, insurance and premiums.

10908. Officers not to become surety on bonds given to city and

penalty.

20150SB0775PN0834 - 32 -

10909. Money and accounts to be delivered by officer to

successor.

10916. Pennsylvania municipal league and other municipal

affairs organizations.

10917. Powers of subpoena and compelling testimony.

10918. Consolidation or integration of fire and police

personnel prohibited.

§ 10901. Appointment, removal and prohibition.

(a) Powers and duties.--Council:

(1) May appoint and dismiss any city officer and

employee, except for an elected officer.

(2) Shall provide for the removal of an officer of the

city whose office is established by ordinance, except as

provided under this chapter .

(b) Elective city office.--The following shall apply to an

individual holding an elective city office:

(1) The individual must be removed from office in

accordance with the Constitution of Pennsylvania as follows:

(i) by impeachment;

(ii) by the Governor for reasonable cause after due

notice and full hearing on the advice of two-thirds of

the Senate; or

(iii) upon conviction of misbehavior in office or of

any infamous crime.

(2) This chapter and other provisions of law requiring a

forfeiture of office upon the conviction of a crime shall

apply only if the court determines that the conviction is for

misbehavior in office or for an infamous crime.

(3) Nothing under this section shall prevent title to an

elected city office from being tried by proceedings of quo

20150SB0775PN0834 - 33 -

warranto as provided under law.

to an individual who is appointed to a city office or position,

except for elective offices:

(1) The individual may be removed by the appointing

power, except as limited under law or the Constitution of

Pennsylvania.

(2) The individual must be removed on conviction of

misbehavior in office or of an infamous crime.

(d) Prohibition.--Except as otherwise provided under law, an

individual may not concurrently hold elective city office and be

an employee of the same city.

§ 10902. Number, duties and compensation.

(a) Prescription.--Except as otherwise provided under this

chapter , council may prescribe, by ordinance, the number, duties

and compensation of the officers and employees of the city.

(b) Limitations.--The following shall apply to compensation

paid to an officer or employee of the city:

(1) A payment may not be authorized from the city

treasury to an officer or employee of the city unless that

officer or employee has been elected or appointed in

accordance with law.

(2) Unless previously authorized under law, an ordinance

may not give extra compensation to an officer or employee of

the city.

document authorizing payment or passing or paying a voucher

contrary to this section commits a misdemeanor and shall, upon

conviction, be:

(1) subject to forfeiting office in accordance with

20150SB0775PN0834 - 34 -

section 10901(b)(2) (relating to appointment, removal and

prohibition); and

(2) sentenced to pay a fine of not more than $5,000 or

to imprisonment for not more than one year, or both.

§ 10903. Salary, compensation and emoluments of officers.

(a) Prohibition.--A city may not increase or diminish the

salary, compensation or emoluments of an elected officer after

the officer's election. A change in salary, compensation or

emoluments of an elected office shall take effect at the

beginning of the next term of the member of council or other

elected official.

(b) Retirement benefits.--Nothing under sub section (a) shall

be construed to limit retirement benefits applicable to each

employee and officer.

§ 10904. Offices to be held until qualification of successors.

(a) Successor.--An officer of a city, who has been elected

or appointed and has qualified under this chapter, shall hold

office until the officer's successor meets all of the following:

(1) Is elected or appointed and takes the oath of

office.

(2) Provides the necessary bond.

(3) Takes other necessary actions required by law to

qualify to assume office.

(b) Failure to appear.--If an elected official fails to

appear at the organizational meeting of council to demonstrate

the official's qualifications for office and to take the oath of

office either:

(1) the official must fully qualify for office and take

the oath of office within 14 days of the date of the

organizational meeting of council; or

20150SB0775PN0834 - 35 -

(2) the office of that elected official shall be deemed

to be vacant and the vacancy shall be filled in the manner

provided by this chapter.

expired and who are to be replaced shall draw lots to determine

which of the members shall continue to serve on council until

the member's successor duly qualifies or takes the oath of

office when all of the following apply:

(1) The terms of office of more than one council at-

large member expire.

(2) More than one seated council member is to be

replaced as the result of an election.

(3) Only one of the newly elected council members fails

to qualify to assume office.

(d) Continuing to hold office.--An individual continuing to

hold office under this section after the first Monday of

January, which would have marked the end of the individual's

term, may not participate in:

(1) The deliberations concerning the individual's

successor.

(2) A vote appointing the individual's successor.

§ 10905. Oath of office, violation of oath and penalty.

(a) Oath required.--Each officer of the city, whether

elected or appointed, shall, before entering upon the officer's

respective duties, take and subscribe an oath or affirmation of

office pursuant to 53 Pa.C.S. § 1141 (relating to form of oaths

of office).

(b) Oath as qualification.--An individual who refuses to

take the oath shall be deemed not to have met the qualifications

to hold office.

20150SB0775PN0834 - 36 -

oath:

(1) commits a misdemeanor; and

(2) upon conviction shall be:

(i) sentenced to pay a fine of not more than $1,000

or to imprisonment for not more than one year, or both;

and

(ii) subject to forfeiting office in accordance with

section 10901 (relating to appointment, removal and

prohibition).

§ 10906. Bond to be given by officers and agents.

(a) Bond.--In addition to the requirements for bonding that

may be imposed by this chapter or any other law, council may

require from each elected or appointed officer and agent of the

city a lawful bond with corporate surety for the faithful

performance of his or her duties.

(b) Requirement.--An officer or agent required by law or

ordinance to give bond may not be sworn into office or enter

upon the duties of office until the bond has been approved by

the proper authority.

§ 10907. Surety bonds, insurance and premiums.

(a) Bonds.--Unless otherwise provided by this chapter or any

other provision of law, the following shall apply when an

elected or appointed officer or employee of a city is required

to give a bond:

(1) The bond shall be for the faithful performance of

the duties of the elected or appointed officer or employee.

(2) The bond shall be endorsed by a surety or other

company that is:

(i) Authorized by law to act as a surety.

20150SB0775PN0834 - 37 -

(ii) Qualified to do business in this Commonwealth.

(3) The bond of an elected or appointed officer or

employee shall be with a corporate surety and not with an

individual or personal surety.

(4) The city shall pay the premium on the bond, unless

either:

(i) all or a portion of the premium on the bond is

to be paid by the Commonwealth or political subdivisions

other than the city; or

(ii) provisions are otherwise made in law for

payment of the premium on the bond, in which case the

city shall pay the unpaid portion of the premium.

(5) The bond shall be approved by the city solicitor.

(6) In addition to any other conditions required by law,

the bond shall be in the sum and with conditions as council

may direct.

(b) Exception.--Except as may be otherwise provided in

section 11402 (relating to bond, insurance and salary), when an

elected or appointed officer or employee of a city is required

to give a bond for the faithful performance of the officer's or

employee's duties, in lieu of the bond council may:

(1) Purchase one or more blanket bonds for elected or

appointed officers or employees.

(2) Purchase insurance provided that the insurance

covers the same events of loss and insures the city against

the same misconduct as the bond required under this chapter.

chapter or insurance in lieu of the bond, council may require

insurance in accordance with the following:

(1) A city officer or employee who as part of their

20150SB0775PN0834 - 38 -

official duties handle money or have money in their

possession may be required to be covered by adequate

insurance which provides the types of protection against loss

as may be designated by council.

(2) Council may require the insurance to include

protection against loss through robbery, burglary or larceny.

(3) The cost of the insurance shall be paid by the city

and the amount of the insurance shall be fixed by council.

§ 10908. Officers not to become surety on bonds given to city

and penalty.

(a) Surety.--A city officer or member of council may not

become the surety on a bond or obligation given to the city by

an agent or contractor for the faithful performance of a trust,

agency or contract.

(b) Penalty.--An individual violating a provision of this

section commits a misdemeanor and shall, upon conviction, be:

(1) Subject to forfeiting office in accordance with

section 10901 (relating to appointment, removal and

prohibition).

(2) Sentenced to pay a fine of not more than $100.

§ 10909. Money and accounts to be delivered by officer to

successor.

(a) Delivered.--All money, accounts, property, documents or

effects belonging to the city in the possession of an officer of

the city shall be either:

(1) returned to the city upon the officer's termination

of office; or

(2) delivered to the officer's qualified successor.

(b) Violation.--An individual violating the provisions of

this section shall be subject to prosecution in accordance with

20150SB0775PN0834 - 39 -

the applicable provisions of 18 Pa.C.S. (relating to crimes and

offenses).

any other remedies at law or in equity available to the city.

§ 10916. Pennsylvania municipal league and other municipal

affairs organizations.

(a) Unification.--A city may:

(1) unite with:

(i) one or more city;

(ii) cities of two or more classes; and

(iii) one or more municipality;

(2) form and organize a league of cities and

municipalities; and

(3) hold annual conventions for the study and

consideration of municipal affairs of concern that pertain to

the cities and municipalities comprising the league.

(b) Delegates.--A city that is a member of the league may do

the following:

(1) Send delegates to the league.

(2) Pay the necessary expenses, including:

(i) Incidental expenses to attend the annual

convention.

(ii) Dues to the league.

(iii) Appropriate money to join and participate in

any of the various business and training programs of the

league designed to address municipal needs in a cost-

efficient manner.

(3) Provide a fund for the necessary costs and expenses

of the league and league conventions.

20150SB0775PN0834 - 40 -

controller for approval an itemized account of the delegate's

expenses to be paid under the authority of this section.

(d) Appropriation.--Council is authorized to appropriate

money for support of and participation in other organizations at

the national and State level concerned with municipal affairs.

§ 10917. Powers of subpoena and compelling testimony.

(a) Applicability.--This section shall apply to any of the

following which are specifically empowered to conduct hearings

and investigations:

(1) an officer or official of the city; or

(2) a city agency created or authorized to be created by

this part .

(b) Issuance.--For the purposes of a hearing or

investigation, the officer, official or city agency under

subsection (a) shall have the authority to issue subpoenas for

the following:

(1) attendance and giving of testimony by witnesses as

are subject to the subpoenas of the courts of record of this

Commonwealth; and

(2) as duces tecum as to the witnesses.

shall be issued in the name of the city and of the agency upon

the signature of the presiding officer of the city and the

official seal, if any, of the agency.

(d) Service.--Subpoenas shall be served by an individual 18

years of age or older as directed by the city or city agency, in

accordance with the Rules of Civil Procedure, and return of

service shall be filed in accordance with law and applicable

rules of court.

(e) Enforcement.--Subpoenas issued by an officer or official

20150SB0775PN0834 - 41 -

of the city or a city agency shall be enforced in the same

manner, and violations of a subpoena shall be subject to the

same penalties, as provided by general law for subpoenas of the

courts of common pleas of the Commonwealth.

§ 10918. Consolidation or integration of fire and police

personnel prohibited.

A city may not consolidate, integrate or reorganize the paid

members of the fire force and the paid members of the police

force into one bureau or organization.

CHAPTER 110

COUNCIL

Subchapter

A. General Provisions

A.1. Ordinances

B. I nitiating Ordinances by Electors

C. Reconsidering Ordinances by Electors

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

11001. Qualifications of council members.

11002. Vesting of legislative power.

11003. Organization of council.

11004. Oath of council members, quorum and rules.

11005. Meetings of council, notice and participation by

telecommunication device.

11015. Attendance of witnesses and production of books before

council or committee of council.

11016. Salaries.

11016.1. Appointment of city clerk.

§ 11001. Qualifications of council members.

20150SB0775PN0834 - 42 -

(a) Requirements.--A council member shall:

(1) Be at least 18 years of age.

(2) Be elected by the electors at large, subject to the

creation of wards pursuant to Chapter 104 (relating to

creation and division of wards).

(b) Residency.--

(1) A council member shall reside in the city from which

elected and shall have resided in the city continuously for

at least one year before their election.

(2) 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 either:

(i) states the individual resides in the city and

has resided in the city continuously for at least one

year preceding the individual's election; or

(ii) in the case of election to a ward office,

states the individual resides in the ward from which

elected and has resided in the ward continuously for at

least one year preceding the individual's election.

serve as a council member while continuing to hold the

incompatible office or employment, except as provided in this

chapter:

(1) An officer of the United States or of the

Commonwealth, except notaries public or officers of the

militia.

(2) A county officer.

(3) An officer of a school district located in the city.

(4) An officer or employee of the city or of a

department of the city.

20150SB0775PN0834 - 43 -

§ 11002. Vesting of legislative power.

The legislative power of every city shall be vested in a

council composed of the mayor and council members.

§ 11003. Organization of council.

(a) Organization.--On the first Monday of the January

following the regular municipal election, the members of council

shall assemble at the usual place of meeting for the purpose of

organizing.

(b) Holiday.--If the first Monday is a legal holiday, the

meeting shall be held the first day following.

(1) Be the president of council.

(2) Be a member of council.

(3) Have the same rights and duties, including

introducing bills and making motions, as pertain to other

council members.

(d) Vice president.--Unless otherwise provided by ordinance

in accordance with section 11101 (relating to executive

departments), the vice president of council shall either be:

(1) the member of council designated as the director of

the department of accounts and finance; or

(2) the member of council appointed by council as its

vice president, if the member of council is not the director

of the department of accounts and finance.

§ 11004. Oath of council members, quorum and rules.

(a) Oath.--The members of council shall take the oath of

office provided for in section 10905 (relating to oath of

office, violation of oath and penalty).

(b) Quorum.--

(1) A majority of the number of members of council shall

20150SB0775PN0834 - 44 -

constitute a quorum.

(2) A smaller number may compel the attendance of absent

members, under penalties to be prescribed by ordinance.

(3) Only members physically present at a meeting place

within the city shall be counted in establishing a quorum.

and adopt rules for procedure and conduct of business.

§ 11005. Meetings of council, notice and participation by

telecommunication device.

(a) Meetings.--

(1) Council shall hold stated meetings at least once

each month, and at other times as may be fixed by ordinance,

and continue them so long as the transaction of the public

business demands.

(2) Special meetings must be held in accordance with the

following:

(i) The mayor, as president of council, may call

special meetings of council.

(ii) A special meeting of council shall be called by

the mayor upon the request of:

(A) Two council members in the case of a five-

member council; or

(B) three council members in the case of a

seven-member council.

(iii) In addition to any notice required by 65

Pa.C.S. Ch. 7 (relating to open meetings), 24-hour notice

of a special meeting shall be given to each member.

(iv) A special meeting can be a special purpose

meeting or a general purpose meeting, as advertised.

(v) Notice of a special meeting shall state the

20150SB0775PN0834 - 45 -

nature of the business to be conducted at the meeting.

(b) Telecommunication.--Council may provide for the

participation of council members in meetings of council by means

of telecommunication devices, including telephones or computer

terminals which permit audio communication, between locations

if:

(1) A quorum under section 11004 (relating to oath of

council members, quorum and rules) 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

votes, if any, of the member or members of council who are

not physically present at the meeting.

20150SB0775PN0834 - 46 -

(4) Council may only authorize participation by

telecommunication device for any 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 protection and prohibition contained in any law or

regulation relating to the rights of the disabled.

or special, shall be open to the public.

(d) Previous councils.--Council shall be a continuous body

and it shall be lawful for a council to complete unfinished

business or legislation begun by the preceding council.

§ 11015. Attendance of witnesses and production of books before

council or committee of council.

(a) Subpoenas.--Council may compel the attendance of

witnesses and the production of books, papers and other evidence

at a meeting of the body or a committee of council. A subpoena

signed by the mayor or the chairperson of the committee may be

issued in a pending case of inquiry or investigation. The

subpoena may be served and executed in this Commonwealth.

(b) Oaths.--A member of council and the city clerk shall

have power to administer oaths to the witnesses.

(1) If a witness refuses to testify as to a fact within

the witness' knowledge, or to produce a book or paper within

the witness' possession or under the witness' control

20150SB0775PN0834 - 47 -

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. The court:

(i) May hear new evidence which may be offered on

behalf of or against the witness.

(ii) Shall hear all questions arising from the

refusal and new evidence not included in the clerk's

report.

(2) If the court determines that the testimony or

evidence required by the witness is legal, properly competent

and ought to be given or produced by the witness, the court

shall order the witness to testify or produce books or

papers, or both, as the case may be.

(3) If the witness refuses to testify or to produce the

books or papers, the court shall have power to hold the

witness for contempt.

(d) Penalties and reimbursement.--An individual called as a

witness and examined under oath shall be liable to indictment,

conviction and punishment for perjury as if the witness had been

called and examined before a committee of the General Assembly

or in a judicial proceeding before a court of record, in

accordance with existing laws. An individual outside of the city

subpoenaed under this section, shall be entitled to:

(1) Be reimbursed for mileage to and from the city at

the maximum mileage rate periodically established by the

United States Internal Revenue Service.

(2) A per diem allowance as established by council for

the individual's time in the city.

§ 11016. Salaries.

(a) Salary.--Except as provided in subsection (b), a council

20150SB0775PN0834 - 48 -

member shall receive an annual salary for the member's service

during the member's term. The salary shall be fixed by ordinance

and payable in regular installments. Council may, by an

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

council.

(b) Compensation.--As an alternative to the annual salary

method in subsection (a), council may provide that a member of

council will receive compensation, based on attendance, on a

per-meeting basis. 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 1/12th of the annual

compensation of a council member or impose another appropriate

penalty for each unexcused absence from a regularly scheduled

meeting.

accordance with the following:

(1) Until changed by ordinance, for the term of council

members in newly created cities, each council member may

receive a salary as follows:

(i) Not more than $1,875 per year in cities having a

population of less than 5,000.

(ii) Not more than $2,500 per year in cities having

a population of 5,000 or more but less than 10,000.

(iii) Not more than $3,250 per year in cities having

a population of 10,000 or more but less than 15,000.

(iv) Not more than $4,125 per year in cities having

20150SB0775PN0834 - 49 -

a population of 15,000 or more but less than 25,000.

(v) Not more than $4,375 per year in cities having a

population of 25,000 or more but less than 35,000.

(vi) Not more than $5,000 per year in cities having

a population of 35,000 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.

§ 11016.1. Appointment of city clerk.

(a) Appointment.--Council shall appoint a city clerk, whose

compensation shall be fixed by ordinance, who meets all the

following criteria:

(1) Is an at-will employee.

(2) Has no property interest in the city clerk's

position.

(b) Powers and duties.--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 a legal proceeding in which the

city is interested.

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.

SUBCHAPTER A.1

ORDINANCES

Sec.

20150SB0775PN0834 - 50 -

11018.1. Ordinances and resolutions.

11018.2. Voting, no veto and vote necessary to enact ordinances

or adopt resolutions.

11018.3. Journal of proceedings, recording and withholding of

vote.

11018.4. Signing and attesting ordinances.

11018.5. Proposed ordinances and titles.

11018.6. Reading of proposed ordinances and final enactment.

11018.7. Payments not authorized by law.

11018.8. Time of taking effect of ordinances.

11018.9. Publication of proposed ordinances.

11018.10. Filing of proposed ordinances.

11018.11. Records of ordinances maintained by city clerk.

11018.12. Proof and evidence.

11018.13. Standard or nationally recognized codes.

11018.14. Maps, plans or drawings.

11018.15. Codification of ordinances.

11018.16. Enforcement of ordinances, recovery and payment of

fines and penalties.

11018.17. Penalty.

§ 11018.1. Ordinances and resolutions.

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

shall apply:

(1) Council shall enact ordinances a s may be necessary

to carry out the requirements of this part and i mpose fines

and penalties for the violation of the ordinances,

recoverable in the manner provided in this part and subject

to limitations as to the amount of the fines and penalties.

(2) Every legislative act of council shall be by

ordinance and the legislative acts shall include:

20150SB0775PN0834 - 51 -

(i) Tax ordinances.

(ii) General appropriation ordinances.

(iii) All ordinances that:

(A) Exercise the police power of the city.

(B) Regulate land use, development and

subdivision.

property maintenance, housing and similar standards.

(D) Otherwise regulate the conduct of persons

within the city.

(iv) Imposition of penalties for the violation of

ordinances.

(3) A proposed ordinance may be introduced by a 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) Council shall adopt resolutions in accordance with

the provisions of this part.

(2) The purposes for which resolutions may be adopted

shall include, but not be limited to, the following:

(i) Ceremonial or congratulatory expressions of the

good will of council.

(ii) Statements of public policy of council.

(iii) Approval of formal agreements of the city,

except when an agreement arises under a previously

approved purchasing system of the city.

(iv) Approval of the acquisition, disposition and

leasing of real property.

(v) Approval of administrative rules and regulations

20150SB0775PN0834 - 52 -

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, must be published once in a

newspaper of general circulation not more than 60 days but at

least seven days prior to adoption.

§ 11018.2. Voting, no veto and vote necessary to enact

ordinances or adopt resolutions.

(a) Voting generally.-- Members of council present or

participating via a telecommunication device shall vote on each

question before council, except:

(1) As may be required by the provisions of a public

official ethics law which may be applicable to members of

council.

(2) As may be excused by a simple majority vote of the

members of council present at a council meeting, for cause,

which shall be entered in the journal, as may be deemed

appropriate.

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

part, an ordinance may not be enacted and a resolution may not

be adopted by council without an affirmative vote of a majority

of the number of the members of council.

§ 11018.3. Journal of proceedings, recording and withholding of

vote.

(a) Journal.--Council shall keep a journal of the

proceedings. The journal shall be in the possession of the city

clerk and shall, at all times, be open to public inspection.

(b) Recording.--For every vote, the yeas and nays shall be

called and recorded by the city clerk. An ordinance shall and a

20150SB0775PN0834 - 53 -

resolution may be reduced to writing before the vote is taken on

the ordinance or resolution.

member's vote on a question before council, unless permitted to

do so in accordance with section 11018.2(a) (relating to voting,

no veto and vote necessary to enact ordinances or adopt

resolutions).

§ 11018.4. Signing and attesting ordinances.

A legislative act of council shall be by ordinance. An

ordinance enacted by council shall be signed by the mayor and

attested by the city clerk.

§ 11018.5. Proposed ordinances and titles.

(a) Format.--A proposed ordinance shall be presented to

council in written form as a bill and shall be numbered

sequentially for the calendar year.

(b) Single subject.--An ordinance, except for a general

appropriation ordinance, may not be enacted containing more than

one subject, which shall be reasonably identified in the title.

amended upon enactment by council as to change the original

purpose.

(d) Title.--The title of an ordinance shall not be

considered in the construction or interpretation of the

ordinance by a court of competent jurisdiction.

§ 11018.6. Reading of proposed ordinances and 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 in their entirety.

(b) Public availability.--A complete copy of every ordinance

20150SB0775PN0834 - 54 -

introduced shall be available for public inspection at the city

clerk's office during regular office hours.

council the same day it was introduced. At least three days

shall intervene between the ordinance's introduction and final

enactment by council.

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

sequentially.

§ 11018.7. Payments not authorized by law.

An ordinance may not be enacted and a resolution may not be

adopted providing for the payment of money by the city without

previous authority of law. An officer executing a document

authorizing payment, making a payment or passing a voucher for a

payment not authorized by law commits a misdemeanor. The officer

shall, upon conviction, be sentenced to pay a fine of not more

than $5,000 and to imprisonment for not more than one year.

§ 11018.8. Time of taking effect of ordinances.

Unless otherwise provided by law, an ordinance, except those

pertaining to the subjects set forth in section 11050(b)

(relating to time ordinances go into effect), shall take effect

after:

(1) The tenth day after enactment.

(2) Being signed by the mayor.

(3) Being attested by the city clerk.

§ 11018.9. Publication of proposed ordinances.

(a) Publication required.--A proposed ordinance, except as

otherwise provided in this chapter, shall be published in a

newspaper of general circulation not more than 60 days nor fewer

than seven days prior to enactment.

(b) Contents.--

20150SB0775PN0834 - 55 -

(1) Except as otherwise provided by law, the publication

of a proposed ordinance shall include either:

(i) the full text; or

(ii) 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.

(2) If the full text is not published, the newspaper in

which the proposed ordinance is published shall be furnished

a copy of the ordinance, upon request.

are made in the proposed ordinance, before voting upon enactment

council shall, within 10 days, readvertise in one newspaper of

general circulation a brief summary setting forth all

provisions and amendments in reasonable detail.

§ 11018.10. 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.

The county commissioners may impose a fee no greater than

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

20150SB0775PN0834 - 56 -

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.

§ 11018.11. Records of ordinances maintained by city clerk.

(a) Records.--Within one month after enactment, each

ordinance shall be certified and recorded by the city clerk in a

book provided by the city which shall, at all times, be open to

the inspection of the public. A standard or nationally

recognized code or a 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 the 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 remain in force

and effect.

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).

20150SB0775PN0834 - 57 -

(e) Attachment.--A city ordinance or portion of a city

ordinance which prior to June 6, 1963, 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.

§ 11018.12. Proof and evidence.

(a) Proof.--An ordinance, resolution, motion or other

proceeding of council may be proved by the certificate of the

city clerk under the corporate seal.

(b) Evidence.--When an ordinance, resolution, motion or

proceeding of council is printed or published in book or

pamphlet form by authority of the city, it shall be read and

received as evidence in all courts and elsewhere without further

proof.

§ 11018.13. Standard or nationally recognized codes.

(a) Authority to enact.--In the same manner as other

ordinances, and except as otherwise provided in this chapter or

the Pennsylvania Construction Code Act, council may enact, by

reference to a standard or nationally recognized code, all or a

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

10 days before council considers the proposed ordinance. Upon

enactment, a copy 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, a standard or

20150SB0775PN0834 - 58 -

nationally recognized code shall be enacted within 60 days

after 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.

incorporates, by reference, standard technical regulations or

code shall be subject to the provisions of the Pennsylvania

Construction Code Act, if applicable.

§ 11018.14. Maps, plans or drawings.

(a) Adoption.--Except as otherwise provided under the

Municipalities Planning Code, if maps, plans or drawings are to

be adopted as part of an ordinance, council, instead of

publishing the maps, plans or drawings as part of the ordinance

may make reference in publishing the ordinance or a summary of

the ordinance, the location where the maps, plans or drawings

are on file and may be examined.

(b) Amending.--Once enacted as part of an ordinance, a map,

plan or drawing shall be amended by ordinance.

§ 11018.15. Codification of ordinances.

(a) Preparation authorized.--Council may prepare a

consolidation or codification of the general body of city

ordinances or the ordinances on a particular subject. Council

may adopt the consolidation or codification as an ordinance of

the city in the same manner prescribed for the adoption of an

ordinance, except as follows:

(1) A consolidation or codification to be enacted as a

20150SB0775PN0834 - 59 -

single ordinance shall be introduced in council at least 30

days before its final enactment. At least 15 days before

final enactment, notice of introduction of the consolidation

or codification specifying the 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:

(i) A listing of the table of contents.

(ii) 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. The advertisement giving

notice of the proposed adoption shall list, in lieu of a table

of contents, only the titles of each of the ordinances in the

complete group or body of ordinances.

codification may contain provisions which will operate to adopt,

by reference, a building, fire prevention or other standard or

model code or zoning ordinance and zoning map in accordance with

section 11018.13 (relating to standard or nationally recognized

codes) and, if applicable, section 11018.14 (relating to maps,

plans or drawings).

§ 11018.16. Enforcement of ordinances, recovery and payment of

fines and penalties.

(a) Enforcement.--An action, prosecution, complaint or

20150SB0775PN0834 - 60 -

proceeding for the violation of an ordinance of the city and for

the fine, penalty and forfeiture 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, a

proceeding for the violation of the ordinances of the city shall

be conducted as a summary conviction proceeding, or a proceeding

for the recovery of penalties, before a magisterial district

judge with the same right of appeal from a final judgment

entered.

§ 11018.17. Penalty.

A person who violates an ordinance enacted under the

authority of this chapter for which no penalty is 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.

SUBCHAPTER B

INITIATING ORDINANCES BY ELECTORS

11030. Initiation of proposed ordinances by petition and

exceptions.

11031. Petition and notice.

11032. Signing and oath.

11033. Number of signatures, examination and certificate by

city clerk.

11034. Submission to council.

11035. Actions by council and notices.

11036. Form of ballot on submission to vote.

11037. Effect of majority vote.

11038. No repeal within two years.

11039. Number of proposed ordinances to be submitted and

20150SB0775PN0834 - 61 -

elections limited.

11040. Submission for repeal by council.

11041. Publication of proposed ordinance, repeal or amendment.

§ 11030. Initiation of proposed ordinances by petition and

exceptions.

(a) Submission.--Except as provided in subsection (b), a

proposed ordinance may be submitted to council by a petition

signed by the electors of a city in accordance with this

subchapter.

(b) Exclusions.--The following proposed ordinances may not

be submitted by petition to council in accordance with this

subchapter:

(1) Proposed ordinances dealing with the subjects set

forth in section 11050(b) (relating to time ordinances go

into effect).

(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.

§ 11031. Petition and notice.

If the city clerk receives a written request for the

preparation of a petition for the submission of a proposed

ordinance to council by at least 100 qualified electors of the

city and the request is accompanied by a copy of the proposed

ordinance, within 10 days of receipt the city clerk shall do

each of the following:

(1) Prepare the requested petition.

(2) Publish notice at least once in a newspaper of

general circulation that provides at least the following

information:

20150SB0775PN0834 - 62 -

(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 10 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 15 business

days being allowed for signatures.

§ 11032. Signing and oath.

(a) Petition.--A petition for the submission of a proposed

ordinance shall be signed in the city clerk's office. The

petition shall be retained in the city clerk's office at all

times for a period of 15 days. Each signer shall:

(1) Add to the signer's signature the signer's address.

(2) Make oath before the city clerk that the signer is a

qualified elector of the city and resides at the address

given.

(b) Hours.--The city clerk shall keep the city clerk's

office open, at a minimum, from 9 a.m. through 7 p.m. Monday

through Friday, except holidays, for the purpose of permitting

electors to sign the petition. The city clerk shall not permit

an individual to sign the petition after 7 p.m. on the last day

for signing the petition.

§ 11033. Number of signatures, examination and certificate by

city clerk.

(a) Signatures.--Within 10 days after the period of time for

signing the petition has elapsed, the city clerk shall:

(1) Examine the petition.

(2) Ascertain whether or not the petition is signed by

electors of the city, equal in number to at least 20% of the

entire votes cast by registered electors for all candidates

20150SB0775PN0834 - 63 -

for mayor at the last preceding municipal election at which a

mayor was elected.

(b) Employees.--If necessary, council may allow the city

clerk additional help for the purpose of complying with this

section.

the clerk's certificate showing the result of the examination.

(d) Failure.--If less than the required 20% under subsection

(a)(2) is certified, the petition shall fail and shall be filed

in the office of the city clerk.

§ 11034. Submission to council.

If the petition is certified to contain signatures as

required in section 11033(a)(2) (relating to number of

signatures, examination and certificate by city clerk), the city

clerk shall submit the petition to council without delay.

§ 11035. Actions by council and notices.

If the petition accompanying the proposed ordinance is signed

by electors of the city as required in section 11033(a)(2)

(relating to number of signatures, examination and certificate

by city clerk), council shall do one of the following:

(1) Enact the proposed ordinance without alteration

within 20 days, except as otherwise provided in this chapter,

after attachment of the city clerk's certificate to the

accompanying petition.

(2) Call for a referendum to be held at the time of the

next general, municipal or primary election occurring at

least 90 days thereafter, at which election the proposed

ordinance must be submitted, without alteration, to the

electors of the city for a vote, after attachment of the city

clerk's certificate to the accompanying petition. Notice of

20150SB0775PN0834 - 64 -

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.

§ 11036. 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". The question

shall be placed on the ballot which shall be counted, returned

and computed in accordance with section 11062 (relating to

computing and filing returns) and the election laws of the

Commonwealth.

§ 11037. Effect of majority vote.

If the majority of the qualified electors voting on the

proposed ordinance vote in favor of the ordinance, the ordinance

shall become a valid and binding ordinance of the city.

§ 11038. No repeal within two years.

An ordinance 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 the effective date except by a vote

of the electors.

§ 11039. Number of proposed ordinances to be submitted and

elections limited.

Any number of proposed ordinances may be voted upon at the

same election, in accordance with the provisions of this

subchapter. Proposed ordinances on the same subject matter shall

not be submitted by petition more frequently than once every

three years.

§ 11040. Submission for repeal by council.

Council may submit a proposition for the repeal or amendment

20150SB0775PN0834 - 65 -

of an ordinance to be voted upon at a succeeding municipal,

general or primary election occurring at least 90 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.

§ 11041. Publication of proposed ordinance, repeal or

amendment.

Whenever a proposed ordinance is to be submitted to the

electors of the city at an election or an 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.

SUBCHAPTER C

RECONSIDERING ORDINANCES BY ELECTORS

Sec.

11050. Time ordinances go into effect.

11051. Petition and reconsideration of ordinance.

11052. Preparation of petition by city clerk and notice.

11053. Additional petitions.

11054. Signatures, oath and time of signing.

11055. Presentation of petition to council.

11056. Ascertainment of number of signers and report.

11059. Effect of petition and submission to electors.

11060. Certification to county board of elections, ballots or

ballot labels and expense of elections.

11061. Form of ballot or ballot label.

11062. Computing and filing returns.

11063. Effect of the vote.

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11064. Publication of ordinance before election.

§ 11050. Time ordinances go into effect.

(a) Timing.--Except as provided in subsection (b), an

ordinance enacted by council may not go into effect before 10

days from the time of the ordinance's final enactment by

council.

(b) Immediate enactment.--The following may be made

effective upon final enactment:

(1) An ordinance:

(i) Expressly required to be enacted by the general

laws of the Commonwealth.

(ii) Expressly required to be enacted by the

provisions of any act of the General Assembly.

(iii) That contains provisions and matters which are

subject to the approval of an officer or tribunal of the

Commonwealth.

(2) An ordinance providing for any of the following:

(i) Tax levies or fees.

(ii) Annual and other appropriations.

(iii) The exercise of the right of eminent domain.

(3) An ordinance providing for any of the following:

(i) The preservation of the public peace, health,

morals and safety.

(ii) The exercise of the police powers of the city

government.

(iii) The prevention and abatement of nuisances.

(4) An 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) An ordinance providing for the opening, paving,

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grading or other improvement of streets or highways if the

improvement is petitioned for by a majority, in number or

interest, of the abutting property owners.

(6) An ordinance providing for either:

(i) the construction of sewers; or

(ii) streets, highways and sidewalks to be kept in:

(A) Good order and repair.

(B) In a safe and passable condition.

§ 11051. Petition and reconsideration of ordinance.

With the exception of an ordinance dealing with the subjects

set forth in section 11050(b) (relating to time ordinances go

into effect), an ordinance shall be suspended from going into

operation and shall be reconsidered by council if all of the

following occur:

(1) A petition is presented to council:

(i) within 10 days after the ordinance's final

enactment;

(ii) in accordance with this subchapter; and

(iii) which protests against enactment of the

ordinance.

(2) The petition must be signed by electors as required

in section 11033(a)(2) (relating to number of signatures,

examination and certificate by city clerk).

§ 11052. Preparation of petition by city clerk and notice.

(a) Petition.--A petition under section 11051 (relating to

petition and reconsideration of ordinance) shall be prepared by

the city clerk immediately upon receipt by the clerk of the

written request of 100 qualified electors of the city asking

that the petition be prepared. Upon preparation of the petition,

the clerk shall give notice by publication in a newspaper of

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general circulation:

(1) That the petition is ready for signing.

(2) The purpose of the petition.

(3) The place and time when the petition may be signed.

(b) Signing.--The signing shall be done only in the city

clerk's office where the petition shall be retained during the

period of 10 days after the enactment of the ordinance.

§ 11053. Additional petitions.

(a) Petitions.--In order to facilitate the signing of the

petition, the city clerk shall make at least two additional

similar petitions for signing by the qualified electors. Signing

an additional similar petition shall have the same force and

effect as signing the original petition. The city clerk is

authorized to employ at least two individuals to take charge of

the additional petitions.

(b) Employees.--The city clerk and employees hired under

this section are empowered to administer the oath required to be

taken by the electors. This section also shall apply to

petitions initiating ordinances under Subchapter B (relating to

initiating ordinances by electors) .

§ 11054. Signatures, oath and time of signing.

(a) Signers.--Each signer of a petition under section 11051

(relating to petition and reconsideration of ordinance) shall

also do all the following:

(1) Include the signer's address.

(2) Make an oath before the city clerk or other person

authorized under section 11053 (relating to additional

petitions) that the signer:

(i) Is a qualified elector of the city.

(ii) Resides at the address given.

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(b) Office hours.--The city clerk shall keep the city

clerk's office open, at a minimum, from 9 a.m. through 7 p.m.

Monday through Friday, except holidays, for the purpose of

receiving signatures to the petitions. The city clerk shall not

permit an individual to sign a petition after 7 p.m. of the

tenth day following the enactment of the ordinance on which the

referendum vote is requested.

§ 11055. Presentation of petition to council.

At the expiration of 10 days, the petition shall be filed

with council and presented by the city clerk at council's next

meeting.

§ 11056. Ascertainment of number of signers and report.

After presentation of the petition to council, the city clerk

shall ascertain whether or not the referendum petition is signed

by a number of registered electors equal to 20% of all the votes

cast for all candidates for mayor at the last preceding

municipal election at which a mayor was elected. Council may

allow the clerk additional help for that purpose. After the

clerk has made the examination, the clerk shall report the

result to council.

§ 11059. Effect of petition and submission to electors.

(a) Petition lacking signatures.--If it appears that the

petition under this subchapter has not been signed by the

required number of electors, no action shall be taken. 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.

(b) Reconsideration.--Council must reconsider an ordinance

if the petition is signed by a number of electors equal to 20%

of all the votes cast for mayor. If the ordinance is not

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entirely repealed by council on reconsideration, council must

call a referendum to be held at the time of the next general,

municipal or primary election occurring at least 60 days after

the reconsideration.

submitted without alteration in accordance with the Pennsylvania

Election Code.

§ 11060. Certification to county board of elections, ballots or

ballot labels and expense of elections.

(a) Certification.--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. The county board of elections

shall cause the question to be printed for use in the election

districts of the city.

(b) Preparation.--The preparation of ballots or ballot

labels for and the holding of a referendum shall be conducted in

the manner as provided in the Pennsylvania Election Code.

voted on at the same election.

§ 11061. Form of ballot or ballot label.

The ballot used when voting on the ordinance shall contain a

question stating the nature of the referred ordinance followed

by the words "yes" and "no" and shall be conducted in the manner

as provided in the Pennsylvania Election Code.

§ 11062. Computing and filing returns.

(a) Computing.--An officer holding an election shall keep a

tally sheet and make a return of votes on the referendum

question in the same manner as a tally sheet is kept and a

return is made in an election of officers and the submission of

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other questions as provided by the Pennsylvania Election Code.

(b) Filing.--A return shall be filed with the county board

of elections which shall compute the return and certify the

results to council. The return and certification of a referendum

question shall be conducted in the manner as provided in the

Pennsylvania Election Code.

§ 11063. Effect of the vote.

If a majority of the electors vote in favor of the ordinance,

the ordinance shall take effect when the results of the election

are certified by council. If a majority of the electors vote

against the ordinance, the ordinance shall be nullified.

§ 11064. Publication of ordinance before election.

Before any referendum is held on any ordinance in accordance

with this subchapter, the city shall provide notice of the

ordinance by publishing a copy of the ordinance in a newspaper

of general circulation. Publication in accordance with this

section shall be in addition to the publication requirements of

the Pennsylvania Election Code.

CHAPTER 111

EXECUTIVE DEPARTMENT

Sec.

11101. Executive departments.

11102. Determination of powers and duties of departments.

11103. Designation of department directors.

11104. Department directors responsible for city property and

supplies and reports.

11105. Quarterly reports from department directors.

§ 11101. Executive departments.

The city may enact an ordinance establishing departments to

implement administrative functions of the city. If the city

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fails to adopt an ordinance, powers and duties of the city shall

be allocated and assigned among the following :

(1) The department of public affairs.

(2) The department of accounts and finance.

(3) The department of public safety.

(4) The department of streets and public improvements.

(5) The department of parks and public property.

§ 11102. Determination of powers and duties of departments.

Council may, by ordinance, do all of the following:

(1) Determine the powers and duties to be performed by

each department.

(2) Prescribe the powers and duties of officers and

employees.

(3) Assign particular officers and employees, including

directors of departments, to one or more of the departments.

(4) Require an officer or employee to perform duties in

two or more departments.

(5) Adopt rules and regulations as deemed necessary for

the efficient and economical conduct of the business of the

city.

§ 11103. Designation of department directors.

(a) Duties of mayor.--

(1) If a department of public affairs is established by

ordinance, the mayor shall be director of the department of

public affairs.

(2) Regardless of whether or not a department of public

affairs is established by ordinance, the mayor shall

supervise city police.

(b) Designations.--

(1) Council shall, at its organization meeting,

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designate, by resolution, a council member to be a director

of any of the following, if established by ordinance:

(i) The department of accounts and finance.

(ii) The department of public safety.

(iii) The department of streets and public

improvements.

(iv) The department of parks and public property.

(2) A designation under paragraph (1) may be changed at

council's discretion.

§ 11104. Department directors responsible for city property and

supplies and reports.

A department director shall be responsible for the property

and supplies of the city within the director's department. The

department director shall prepare and maintain a perpetual

inventory of the property and supplies for which the department

director is responsible and, from time to time during the fiscal

year, file the inventory with the city clerk or other official

designated by council. The city clerk or other designated

official with whom the inventory is filed shall, upon request,

transmit a copy of the inventory to the chief fiscal officer and

council.

§ 11105. Quarterly reports from department directors.

(a) Report.--At the close of each quarter of the fiscal

year, a department director shall prepare and submit to the

director of the department of accounts and finance, if a

department of accounts and finance is established by ordinance,

or to the business administrator or other official designated by

council, a comprehensive and detailed report of all expenditures

and operations of the director's department during the quarter.

(b) Review.--Not later than the date of the second meeting

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of council, the director of the department of accounts and

finance, if the department of accounts and finance is

established by ordinance, or the business administrator or other

official designated by council, shall:

(1) review and consolidate the quarterly reports

submitted under subsection (a); and

(2) prepare and submit to council a consolidated report

on the expenditures and operations of the city government,

including recommendations.

CHAPTER 112

MAYOR

Sec.

11201. Qualifications.

11202. Inauguration.

11203. Execution of laws, powers of sheriff conferred and

emergency powers.

11204. Official seal of mayor.

11205. Supervision of conduct of city officers.

11206. City government reports.

11207. Acknowledgments and oaths.

11208. Salary.

11209. Powers and duties of acting mayor.

§ 11201. Qualifications.

The qualifications for office of mayor shall be as follows:

(1) An individual must be at least 18 years of age.

(2) An individual must be elected at large by the

qualified electors of the city.

(3) An individual must be a resident of the city where

the individual was elected for not less than one year before

the date of the individual's election.

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(4) Before being sworn into the office of mayor, an

individual elected to mayor must present a signed affidavit

to the city clerk certifying that the individual is in

accordance with the requirement under paragraph (3).

(5) An individual elected to the office of mayor must

reside in the city for the duration of the individual's term

of service.

§ 11202. Inauguration.

The mayor shall be the chief executive of the city. The mayor

shall be inaugurated and take the oath of office in accordance

with sections 10904 (relating to offices to be held until

qualification of successors) and 10905 (relating to oath of

office, violation of oath and penalty) on the first Monday of

January after the regular municipal election. If the first

Monday is a legal holiday, the mayor shall be inaugurated and

take the oath the first day after that day or as soon after that

day as possible.

§ 11203. Execution of laws, powers of sheriff conferred and

emergency powers.

(a) Execution.--The mayor shall execute and enforce the

ordinances of the city and all general laws applicable to the

ordinances.

(b) Report.--The mayor shall submit an annual report to

council and the public that includes recommendations on ways to

improve efficiency of the city government based on the prior

fiscal year and any other recommendations the mayor deems to be

in the public interest.

effectively preserve the public peace within the city, all the

powers conferred by the law upon sheriffs to prevent and

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suppress mobs, riots and unlawful and tumultuous assemblies

shall be conferred upon the mayor.

(d) Emergency proclamations issuance.--If the mayor

determines that a state of emergency exists, the mayor may issue

a proclamation in writing declaring a state of emergency. The

mayor shall provide notice of the contents of the proclamation

to council and to the news media within the city.

(e) Emergency proclamations contents.--Upon the issuance of

a proclamation declaring a state of emergency under subsection

(d), the following shall apply:

(1) The state of emergency shall not exceed five days,

unless extended by council.

(2) In the case of a declaration of a state of emergency

by the mayor for a citywide or site-specific emergency, a

city department may temporarily implement the department's

emergency assignments without complying with procedures

required by law pertaining to the incurring of obligations

and the employment of temporary workers.

(3) The proclamation may prohibit, for all or any part

of the city where there is a clear and present danger to life

or property through civil disorder:

(i) an individual from being on public streets, in

public parks or at any other public place during the

hours declared by the mayor to be a period of curfew;

(ii) the assembling or gathering of a group of

individuals, in numbers to be designated by the mayor,

upon public streets, parks or other public places;

(iii) the entry or departure of an individual into

or from any restricted area;

(iv) the sale, purchase or dispensing of any

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commodities or goods designated by the mayor;

(v) the transportation, possession or use of

gasoline, kerosene or other combustible, flammable or

explosive liquids or materials, except in connection with

the normal operation of motor vehicles, normal home use

or legitimate commercial use; and

(vi) any other activities as the mayor reasonably

believes would cause a clear and present danger to the

preservation of life, health, property or the public

peace.

(f) Time and location.--A proclamation declaring a state of

emergency shall describe any restricted area with particularity

and specify the hours when the restrictions are to be in effect.

(g) Penalties.--An individual who violates a proclamation

declaring a state of emergency commits a summary offense and

shall, upon conviction, be sentenced as provided by law.

§ 11204. Official seal of mayor.

Council shall provide an official seal for the mayor in a

form, as reasonably requested by the mayor, which shall not be

changed during the mayor's term of office.

§ 11205. Supervision of conduct of city officers.

(a) Supervision.--The mayor shall supervise the conduct of

all city officers, examine the grounds of all reasonable

complaints against them and cause all of their violations or

neglect of duty to be promptly punished or reported for

correction as council may direct.

(b) Implementation.--In order to implement the provisions of

subsection (a), the mayor may issue subpoenas and compulsory

processes, under the mayor's official seal, for the attendance

of individuals and the production of documentation. A subpoena

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shall be enforced in the manner as provided for council under

section 11015 (relating to attendance of witnesses and

production of books before council or committee of council).

§ 11206. City government reports.

The mayor may request a report from a city official or

department director containing information pertaining to

administrative functions under the control and management of the

city official or department director. The mayor may submit a

report pertaining to all matters of city government to council

as the mayor deems necessary.

§ 11207. Acknowledgments and oaths.

The mayor may take acknowledgments of any instruments in

writing pertaining to the business of the city, so lemnize

marriages and administer oaths and affirmations as to city

business and shall attest all the mayor's acts with the mayor's

official seal.

§ 11208. Salary.

(a) Payment.--

(1) The mayor shall receive for the mayor's services

during the term of service an annual salary to be fixed by

ordinance, payable in equal installments as council shall

provide.

(2) Council shall, by ordinance, fix the amount of

salary to be paid to the mayor for the mayor's services and

may provide for the assessment and retention from the salary

of reasonable fines for absence from regular or special

meetings of council or committees of council.

(3) The amount of the mayor's salary shall be at least

$2,500 annually.

(b) Amounts.--Until changed by ordinance, the salary of

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mayors in newly created cities shall be as follows:

(1) In cities with a population of less than 5,000, a

maximum of $2,500 per year.

(2) In cities with a population of 5,000 or more but

less than 10,000, a maximum of $5,000 per year.

(3) In cities with a population of 10,000 or more but

less than 15,000, a maximum of $7,500 year.

(4) In cities with a population of more than 15,000, a

maximum of $500 per every thousand residents per year as

determined by the most recent census data provided by the

United States Census Bureau.

(1) The salary to be received by a mayor in a city other

than a newly created city shall be fixed by ordinance of

council enacted not less than two days before the last day

fixed by law for candidates to withdraw their names from

nominating petitions.

(2) The compensation to be received by the mayor shall

not be increased or diminished after the mayor's election

unless the increase or decrease was included in an ordinance

enacted not less than two days before the last day fixed by

law for candidates to withdraw their names from nominating

petitions.

(d) Marriage ceremonies.--

(1) Subject to paragraph (2) and notwithstanding any

other provisions of law, a mayor may receive a honorarium,

fee or reimbursement of expenses related to the performance

of a marriage ceremony in this Commonwealth if the mayor

first notifies council in writing of the mayor's intention to

perform a marriage ceremony. Notice under this paragraph

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shall remain in effect for the term of the mayor or until the

notification is rescinded by the mayor.

(2) The honorarium, fee or reimbursement under paragraph

(1) shall not exceed $150 for each ceremony performed. The

mayor shall keep accurate accounts of the fees received

relating to the performance of marriage ceremonies and submit

a quarterly report of money received for that period to

council. The quarterly report shall include the amount of

money received, the names of individuals from whom money was

received and the date and location of the performed ceremony.

The quarterly report shall be a public record in accordance

with the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

(3) The receipt of a honorarium, fee or reimbursement

under this subsection shall not be a violation of 65 Pa.C.S.

Ch. 11 (relating to ethics standards and financial

disclosure) and shall not be part of a salary received in

accordance with this section.

§ 11209. Powers and duties of acting mayor.

(a) Absence or inability to act.--During the absence of the

mayor or the inability of the mayor to act, the vice president

of council shall be the acting mayor who shall exercise all the

rights and powers of the mayor.

(b) Death, resignation or otherwise.--In the event of a

vacancy in the office of the mayor by reason of death,

resignation or otherwise, the vice president of council shall be

the acting mayor. The vice president of council shall receive

the salary of mayor as specified under section 11208 (relating

to salary), but may not receive a salary as a council member

until the successor of the mayor is duly appointed and qualified

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in accordance with section 10901 (relating to appointment,

removal and prohibition).

inability of the vice president of council to act as mayor,

council shall designate another one of its members to act as

mayor.

CHAPTER 112A

CITY ADMINISTRATOR

Sec.

112A00. Definitions.

112A01. Office of city administrator.

112A02. Appointment of city administrator.

112A03. Employment agreement.

112A04. Residency and elective city office.

112A05. Powers and duties.

§ 112A00. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"City administrator." The term includes a city administrator

or a city manager.

"Office of city administrator." The term includes an office

of a city administrator or an office of a city manager.

§ 112A01. Office of city administrator.

(a) Establishment.--Council may enact an ordinance by a

majority vote of all the members of council establishing the

office of city administrator.

(b) Abolishment.--Council may enact an ordinance by a

majority vote of all the members of council abolishing the

office of city administrator.

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§ 112A02. Appointment of city administrator.

(a) Appointment.--In a city that has established an office

of city administrator, council shall appoint an individual to be

city administrator. The appointment of an individual to be city

administrator shall be by a majority vote of all the members of

council.

(b) Selection.--Council shall select a city administrator on

the basis of executive and administrative qualifications,

education and experience and may give special consideration to

applicants with training and experience in municipal government

operation. The city administrator shall serve at the pleasure of

council, subject to contractual rights that may arise under an

employment agreement that may be entered in accordance with

section 112A03 (relating to employment agreement).

§ 112A03. Employment agreement.

(a) Agreement.--Council may enter into an employment

agreement with the city administrator. The employment agreement

may set forth the terms and conditions of employment. The

employment agreement shall remain in effect for a specified

period terminating not later than two years after the effective

date of the employment agreement or the date of the

organizational meeting of council after the next municipal

election, whichever is earlier.

(b) Conditions.--

(1) An employment agreement under subsection (a) may

specify conditions under which a city administrator may be

entitled to severance compensation.

(2) An employment agreement under subsection (a) may not

guarantee employment through the term of the employment

agreement or confer upon the city administrator any legal

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remedy based on specific performance.

(3) An employment agreement under subsection (a),

executed on or after a municipal election but before the

first meeting in January the year after the municipal

election, shall be void.

§ 112A04. Residency and elective city office.

At the time an individual is appointed to fill the office of

city administrator, the appointee does not have to be a resident

of the city. After appointment, the city administrator may

reside outside the city only with the approval of council. The

city administrator may not hold any elective city office.

§ 112A05. Powers and duties.

(a) Powers and duties generally.--Council may, by ordinance,

vest in the city administrator powers and duties relating to the

general management of city business and to the enforcement of

city ordinances and regulations. Nothing in this section shall

be construed to diminish the powers granted to other city

officers by law.

(b) Specific powers.--The powers and duties conferred upon a

city administrator by council may include the following:

(1) Appointment as chief administrative officer of the

city, responsible to council for the proper and efficient

administration of the affairs of the city.

(2) Directing and supervising the administration of all

departments and functions of the city, except as otherwise

provided by law.

(3) Except as otherwise provided by this chapter,

appointing city employees on the basis of merit system

principles and suspending, removing or otherwise disciplining

employees, in accordance with the following:

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(i) The city administrator may make recommendations

to council concerning appointments or removals at the

department-head level.

(ii) Before taking any action with regard to

appointments or removals at the department-head level,

the city administrator shall confer with council.

(iii) Council shall confirm appointments or removals

at the department-head level.

(4) Designating a qualified administrative officer of

the city to perform the city administrator's duties during

the city administrator's temporary absence or disability. In

the event the city administrator fails or is unable to make

the designation, or if the city administrator's absence or

disability continues more than 30 days, council may, by

resolution, appoint an officer of the city to perform the

duties of the city administrator during the city

administrator's absence or disability until the city

administrator is able to return to work.

(5) Negotiating contracts for the city, subject to the

approval of council, making recommendations concerning the

nature and location of municipal improvements and executing

municipal improvements as determined by council.

(6) Ensuring that all terms and conditions imposed in

favor of the city or its residents in any law, franchise or

contract are faithfully kept and performed, and upon

knowledge of any violation, informing council.

(7) Attending all meetings of council and participating

in discussions with council. Nothing in this paragraph shall

be construed to permit the city administrator to vote with

council.

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(8) Recommending the adoption of measures to council as

the city administrator may deem necessary or expedient,

keeping council advised of the financial condition of the

city and making reports to council as requested by council.

(9) Investigating, at any time, the affairs of any

officer or department of the city that is under the city

administrator's jurisdiction.

(10) Preparing and submitting the annual city budget for

review and approval by council. The recommended budget and an

enabling ordinance shall be submitted to council for its

review not later than the last stated meeting in November of

each year. The city administrator may include an explanatory

comment or statement of the recommended budget. The

recommended budget shall be in a form as required by law for

city budgets and shall contain information explaining the

various items of expenditure and revenue as may be required

by council.

(11) Performing other duties as may be designated by

council by ordinance.

CHAPTER 114

CITY TREASURER

Sec.

11401. Qualifications.

11402. Bond, insurance and salary.

11402.1. City treasurer to be tax collector.

11402.2. Delivery of duplicates of taxes.

11402.3. Tax liens and liability for false returns.

11403. Receipt and payment of money.

11404. Method of keeping accounts.

11405. Restrictions on money paid out.

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11406. Depositories of city funds.

11407. Delivery of city property.

11408. Appointment of deputy city treasurer and employees.

§ 11401. Qualifications.

The qualifications for the office of city treasurer shall be

as follows:

(1) An individual must be an accountant.

(2) An individual must be at least 21 years of age.

(3) An individual must be a resident of the city for at

least one year before the individual's election.

(4) Before being sworn into office, an elected city

treasurer must present a signed affidavit to the city clerk

certifying that the individual is in accordance with the

requirements under paragraph (3).

(5) An elected city treasurer must reside in the city

throughout the city treasurer's term of office.

(6) An individual must be a qualified tax collector or,

in the case of an individual appointed to fill a vacancy in

the office of treasurer, become a qualified tax collector, in

accordance with the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

§ 11402. Bond, insurance and salary.

(a) Conditioning.-- The city treasurer shall provide lawful

fidelity bond , covering the full term of office, for the

faithful performance of official duties, including duties as tax

collector of city, county, institution district and school

taxes. In addition to being subject to other conditions as

council may direct, the bond of the city treasurer shall be

conditioned upon the following:

(1) The accounting for and paying over of all money

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received as city treasurer.

(2) The accounting for and paying over of all money

received, including taxes, penalties and interest, as tax

collector of city, county, institution district and school

taxes.

(3) The safekeeping and paying over of all public money

entrusted to the city treasurer's care.

(b) Required bonds.--

(1) Except as provided for in paragraph (2), council may

require the following bonds from the city treasurer:

(i) A bond for the faithful performance by the city

treasurer of official duties other than those of tax

collector.

(ii) A bond covering the duties of the city

treasurer as collector of city, county, institution

district and school taxes.

(2) In lieu of the bond required for the faithful

performance by the city treasurer of official duties other

than those of tax collector under paragraph (1)(i), council

may purchase insurance that covers the same events of loss

and insures the city against the same misconduct as the bond

under paragraph (1)(i) in compliance with this chapter.

treasurer's surety shall be discharged from further liability on

any bond as tax collector if:

(1) the tax items contained in the duplicates delivered

to the city treasurer under section 11402.2 (relating to

delivery of duplicates of taxes) have been:

(i) collected and paid over;

(ii) assigned to third-party assignees;

20150SB0775PN0834 - 88 -

(iii) certified to council for entry as liens in the

office of the prothonotary or as claims in the tax claim

bureau; or

(iv) returned to the county treasurer or city

treasurer for sale; or

(2) in the case of taxes not levied upon real estate, a

record of the taxes which remain uncollected have been filed

with the tax authority.

(d) Insurance protection.--Council may require the city

treasurer to be covered by insurance protection in accordance

with section 10907(c) (relating to surety bonds, insurance and

premiums).

(e) Bond insurance petition.--

(1) The taxing district may petition the court of common

pleas having jurisdiction in the city to have the city

treasurer furnis h an a dditional bond and insurance. Upon

petition, the city treasurer shall furnish an a dditional bond

and insurance as the court may prescribe. The premium on the

bond and insurance shall be shared on a pro rata basis by the

taxing districts interested, according to each taxing

district's respective tax interests under the act of May 25,

1945 (P.L.1050, No.394), known as the Local Tax Collection

Law.

(2) The city treasurer shall not be required to provide

bond and insurance in an amount in excess of the taxes to be

collected by the treasurer. The bond and insurance provided

by the city treasurer shall be for the use of the city and

the taxing districts involved.

(f) Salary.--The city treasurer shall receive a fixed annual

salary as provided by ordinance. The salary as a tax collector

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for the city, county, institution district and school district

shall be as provided under the Local Tax Collection Law.

§ 11402.1. City treasurer to be tax collector.

Except as otherwise provided by the act of December 31, 1965

(P.L.1257, No.511), known as The Local Tax Enabling Act, the

city treasurer, by virtue of the city treasurer's office, shall

be the collector of the city, county, school and institution

district taxes assessed or levied in the city by the proper

authorities in the city. As tax collector, the city treasurer

shall maintain and keep an office which may be the same as that

of the city treasurer for the purpose of receiving taxes during

regular business hours.

§ 11402.2. Delivery of duplicates of taxes.

(a) Duplicate delivery.--

(1) Not later than 30 days after the adoption of the

budget or not later than 30 days after receipt of the

assessment roll from the county, whichever is later, council

and county and county institution district authorities shall

compile and deliver the duplicates of taxes assessed to the

city treasurer to be collected.

(2) The proper school authorities shall compile and

deliver the school duplicates of taxes in the city at the

time and in the manner as provided by law.

(b) Inspection.--All duplicates of taxes provided to or

received by the city treasurer shall be open to proper

inspection by the public and auditing and examining officers of

the city, county or school district and shall be delivered by

the city treasurer at the expiration of the city treasurer's

term to the city treasurer's successor.

§ 11402.3. Tax liens and liability for false returns.

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(a) Tax liens.--Upon the settlement of the duplicates of

city, county, institution district and school taxes which by law

are made a lien on real estate, the city treasurer as tax

collector shall make out schedules of the city, county, school

or institution district taxes uncollected upon the duplicates,

including a brief description of the properties against which

the taxes are assessed for the purpose of entering a lien or

selling the properties.

(b) Failure to collect.--The failure of the city treasurer

to collect the taxes from personal property shall not impair the

lien of the taxes or affect any sale made for the collection of

the taxes.

false return, the city treasurer shall be liable to any

individual injured by the false return.

§ 11403. Receipt and payment of money.

(a) Payments.--The city treasurer shall receive all money

payable to the city from the sources as council may assign. Upon

request, the city treasurer shall issue a receipt to an

individual making the payment. The city treasurer shall pay all

documents authorizing payment duly countersigned.

(b) Duplicates.--All receipts for money received on behalf

of the city by the city treasurer shall be numbered serially a nd

made in duplicate. Not later than the next succeeding business

day, the city treasurer shall transmit the duplicates to the

city controller.

§ 11404. Method of keeping accounts.

The accounts of the city treasurer shall clearly exhibit all

the items of receipts and expenditures of the city, the sources

from which the money are received and the objects for which the

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expenditures are disbursed . The city treasurer shall keep

separate and distinct accounts of the receipts and expenditures

of the city, including the sinking fund, each department

providing a utility service and each special fund.

§ 11405. Restrictions on money paid out.

Money may not be paid out of the city treasury unless the

money has been previously approved, duly authorized and

appropriated by council for its intended purposes as explicitly

mentioned in the document authorizing payment.

§ 11406. Depositories of city funds.

(a) Depositories.--The city treasurer shall keep public

funds in banks or financial depositories as directed by council

and under the restrictions and safeguards as provided by

council. The city treasurer shall verify the city treasurer's

accounts as requested by council.

(b) Liability prohibited.--The city treasurer, acting in

accordance with law, shall not be liable for the loss of city

funds caused by the insolvency or negligence of any city

depositories.

§ 11407. Delivery of city property.

The city treasurer shall, upon leaving office, deliver to the

city or to the city treasurer's duly qualified successor all

money, accounts, property or effects in the city treasurer's

possession belonging to the city.

§ 11408. Appointment of deputy city treasurer and employees.

(a) Appointments.--The city treasurer may appoint the

following:

(1) A deputy city treasurer who, in the case of the

sickness, absence or inability of the city treasurer to act,

shall have the same powers and shall perform the same duties

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as are imposed by law upon the city treasurer. The

appointment under this paragraph shall be in compliance with

the requirements of the act of May 25, 1945 (P.L.1050,

No.394), known as the Local Tax Collection Law.

(2) Employees of the city treasurer's office. The number

and compensation of the assistants shall be fixed by council

and the assistants shall be employees of the city.

(b) Insurance.--Individuals appointed under subsection (a)

shall be covered by bond, blanket bond or insurance in

accordance with section 10907 (relating to surety bonds,

insurance and premiums).

CHAPTER 115

CITY ENGINEER

Sec.

11501. Appointment of city engineer.

11502. Control of engineering matters.

11503. Duties.

11504. Certifying commencement and completion of municipal

improvements.

11505. Entering upon property for surveys.

§ 11501. Appointment of city engineer.

Council shall provide for the manner of appointment and

compensation of the city engineer. The city engineer shall be a

registered professional engineer in this Commonwealth and shall

serve at the pleasure of council. Nothing in this section shall

be construed to prohibit council from designating an engineering

firm of registered professional engineers from performing the

duties and functions of the city engineer.

§ 11502. Control of engineering matters.

The city engineer shall have the supervision, direction and

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control of the engineering matters of the city. Unless

authorized by council, a department of the city may not employ

or retain any additional engineers.

§ 11503. Duties.

As authorized by council, engineering work undertaken by the

city shall be performed or supervised by the city engineer or by

another registered professional engineer employed by the city

for a particular purpose. The duties of the city engineer may

include all of the following:

(1) Preparing plans, specifications and estimates and

undertaking other engineering work relating to constructing,

reconstructing, maintaining and repairing streets, pavements,

sewers, bridges, culverts and other municipal improvements.

(2) Making reports, giving estimates, supplying

information and responding to questions concerning city

engineering work to city officials and employees. Council may

regulate the manner, number and method of making questions

under this paragraph.

(3) Conducting, supervising or directing surveys

relating to city property and improvements authorized by law

or as directed by council.

(4) Preparing a topographical survey of the city or a

general plan of city streets, marking the lines of streets,

including streets already opened and streets intended to be

opened for public use, as council may deem necessary.

(5) Surveying, making a draft or plan of and laying out

new or proposed streets, as council may deem necessary.

(6) Reporting a grade for any proposed or new streets,

as council may deem necessary.

(7) Making reports, as deemed expedient by the city

20150SB0775PN0834 - 94 -

engineer or as council shall direct, of the surveys and plans

of city streets in convenient locations without awaiting the

completion of the entire survey.

(8) Keeping and maintaining books and records and

providing for certified copies of books and records, as

provided by council or required by law.

§ 11504. Certifying commencement and completion of municipal

improvements.

(a) Certification.--Within a reasonable time after the

completion of any municipal improvement, the cost and expense of

which, in whole or in part, is to be paid by the abutting

property owner, the city engineer or employees designated by the

city engineer shall:

(1) certify the day or time of the completion of work;

(2) file the certification under paragraph (1) with the

city clerk, who shall maintain a centralized book or listing

of certifications; and

(3) provide notice of the filing to the city solicitor.

(b) Evidence of completion.--Information filed with the city

clerk under subsection (a)(2) shall be conclusive evidence of

the day or time when the improvement commenced and was

completed.

or time of the completion of the work" means the time of the

completion of the whole contract for the improvement.

§ 11505. Entering upon property for surveys.

For the purposes of carrying out authorized surveys, laying

out streets or other engineering work of the city, the city

engineer or other persons engaged in city engineering work may

enter upon any property occupied by any person within the city.

20150SB0775PN0834 - 95 -

CHAPTER 116

CITY SOLICITOR

Sec.

11601. Appointment of city solicitor.

11602. Direction of legal matters.

11603. Duties.

11604. Written opinions to be furnished.

11607. Satisfaction of liens due city.

11609. Assistant solicitor.

11610. Special counsel.

§ 11601. Appointment of city solicitor.

Council shall provide, by ordinance, for the manner of

appointment and compensation of the city solicitor, which may be

a law firm.

§ 11602. Direction of legal matters.

The city solicitor shall have the direction and control of

the legal matters of the city. Unless authorized by council, a

department of the city may not employ or retain any additional

counsel in any matter or cause.

§ 11603. Duties.

The city solicitor shall have the following duties:

(1) Overseeing, as directed by resolution or ordinance,

the preparation of all bonds, obligations, contracts, leases,

conveyances and assurances to which the city or a municipal

department is a party.

(2) Overseeing litigation by or against the city or a

municipal officer, in the municipal officer's official

capacity, including:

(i) filing of a municipal claim or lien; and

(ii) administrative practice.

20150SB0775PN0834 - 96 -

(3) Performing any action incident to the office which

the city solicitor may be lawfully authorized and required to

do by the mayor or by any ordinance or resolution of

council.

(4) Performing duties as council directs.

§ 11604. Written opinions to be furnished.

(a) Opinions.--Subject to regulation by council in

accordance with subsection (b), the city solicitor shall submit

a written opinion on questions of law submitted by any of the

following:

(1) Council.

(2) The mayor.

(3) Any other elected city official.

(4) Any appointed city official designated by council as

authorized to request a written legal opinion.

(b) Regulation.--Council may provide for the regulation of

the manner in which questions are presented to the city

solicitor by any elected or appointed city official and may

limit the questions submitted in the manner as council may

direct.

§ 11607. Satisfaction of liens due city.

Upon the payment of any lien or other debt of record due to

the city to a city employee, city official or any other person

authorized to receive the payment, the person who received the

payment shall, as soon as practicable, notify the city

solicitor. The city solicitor or the solicitor's designee, as

soon as practicable, shall cause the satisfaction to be entered

upon the proper record of the lien or debt of record.

§ 11609. Assistant solicitor.

Council may appoint one or more assistant city solicitors to

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assist the city solicitor in the performance of all duties and

shall provide for the compensation of assistant solicitors by

resolution.

§ 11610. Special counsel.

Council may retain special counsel for particular proceedings

or matters of the city and shall provide for the compensation of

special counsel by resolution.

CHAPTER 117

CITY CONTROLLER AND INDEPENDENT AUDITOR

Subchapter

A. City Controller

B. Independent Auditor

SUBCHAPTER A

CITY CONTROLLER

Sec.

11701. Qualifications, bond and compensation.

11704. Powers and duties of city controller.

11704.1. Deputy controller and employees.

11704.2. Temporary deputy controller.

11704.3. Continuation of office.

§ 11701. Qualifications, bond and compensation.

(a) Qualifications.--The qualifications for the position of

city controller shall be as follows:

(1) The individual must be an accountant.

(2) The individual must be at least 21 years of age.

(3) The individual must be a resident of the city for at

least one year before the individual's election to the

position of city controller.

(4) Before being sworn into office, the elected city

controller must present a signed affidavit to the city clerk

20150SB0775PN0834 - 98 -

certifying that the individual is in accordance with the

requirement under paragraph (3).

(5) An elected city controller must reside in the city

throughout the individual's term of office.

(b) Bond.--The city controller shall provide a bond in

accordance with section 10907 (relating to surety bonds,

insurance and premiums) for the faithful performance of official

duties as the city controller. The bond shall cover the full

term of office and shall be conditioned upon the following:

(1) The accounting for and paying over of all money

received as city controller.

(2) The safekeeping and payment over of all public money

entrusted to the city controller's care.

annual salary set by ordinance in an amount not less than the

compensation paid to members of council.

§ 11704. Powers and duties of city controller.

(a) Payment authorization.--The city controller shall

countersign all documents authorizing the payment of money from

the city treasury, if satisfied of the legality of the payment.

(b) Oaths or affirmations.--The city controller may

administer oaths or affirmations in relation to any matter

pertaining to the authentication of any account, claim or demand

of or against the city. The city controller may not receive any

fee for administering oaths or affirmations under this

subsection.

the following accounts:

(1) The accounts in which the city is concerned, either

as a debtor or creditor.

20150SB0775PN0834 - 99 -

(2) The accounts of all city bureaus, officers and

departments which collect, receive and disburse public money

or are charged with management, control or custody of public

money.

(3) The accounts of a city officer upon the death,

resignation, removal or expiration of the term of the

officer.

(4) The accounts of any library to which the city makes

appropriations, any institution owned by the city and any

Pennsylvania National Guard units to which the city makes an

appropriation.

(d) Subpoenas.--In the same manner in which subpoenas may be

issued and enforced in accordance with section 10917 (relating

to powers of subpoena and compelling testimony), the city

controller may issue subpoenas to obtain the attendance of

officers whose accounts the city controller is authorized to

examine and any other individuals whom it may be necessary to

examine as witnesses.

(e) Statements.--The city controller may present council

with annual or periodic statements concerning the results of the

city controller's examination of accounts, which shall be public

records in accordance with the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law.

§ 11704.1. Deputy controller and employees.

The city controller may appoint a deputy controller and may

select individuals to serve as assistants and employees in the

city controller's office. The number of assistants and employees

permitted, if any, shall be fixed by council. Assistants and

employees in the city controller's office shall, in all other

respects, be considered employees of the city. The deputy

20150SB0775PN0834 - 100 -

controller, assistants and employees appointed under this

section shall be bonded and their compensation shall be fixed by

council.

§ 11704.2. Temporary deputy controller.

In case of the sickness, absence or inability of a city

controller to perform the city controller's duties, if no deputy

controller has been appointed by the city controller, council

may appoint a temporary deputy controller to serve during the

sickness, absence or inability of the city controller or until

the city controller shall appoint a deputy controller. A deputy

controller shall be bonded and receive the compensation fixed by

council.

§ 11704.3. Continuation of office.

The appointment of an independent auditor in accordance with

Subchapter B (relating to independent auditor) shall not abolish

the office of city controller. The elected controller shall

continue to exercise the powers retained for the controller in

this subchapter.

SUBCHAPTER B

INDEPENDENT AUDITOR

Sec.

11704.11. Appointment of independent auditor.

11704.12. Powers and duties of independent auditor.

11705. Annual report to council and appeals.

§ 11704.11. Appointment of independent auditor.

Council shall provide, by resolution, for the appointment of

an independent auditor. The independent auditor may be a

certified public accountant or a firm of certified public

accountants.

§ 11704.12. Powers and duties of independent auditor.

20150SB0775PN0834 - 101 -

(a) Annual audit.--The independent auditor shall conduct an

annual audit of all accounts of city officers, departments and

offices which collect, receive and disburse public money or are

authorized with the management, control or custody of public

money on which the independent auditor is required to report

under this subchapter. The annual audit, as directed by council,

shall also include any accounts subject to examination by the

city controller under Subchapter A (relating to city

controller).

(b) Subpoenas.--The independent auditor may issue subpoenas

to obtain the attendance of officers whose accounts the

independent auditor is authorized to examine and any other

individuals whom it may be necessary to examine as witnesses.

§ 11705. Annual report to council and appeals.

(a) Audit report.--

(1) At council's first meeting in March of each year,

the independent auditor shall submit a report to council that

includes the audits made of the accounts of the officers

authorized with the custody, control or disbursement of

public money. The report shall provide the balance of each

officer's accounts.

(2) Within 90 days of the end of each fiscal year, the

independent auditor shall file a copy of the annual report

under paragraph (1) with the clerk of court or the

prothonotary, as provided by local rule of court.

(b) Financial condition report.--The independent auditor

shall submit an annual report to council summarizing the fiscal

condition of the affairs of the city. Council may require

advisory interim reports from the independent auditor.

(b.1) Right-to-know.--Reports prepared under this section

20150SB0775PN0834 - 102 -

shall be public in accordance with the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

to council has been filed, the city, a taxpayer of the city on

the city's behalf or any officer whose account is settled or

audited may file an appeal from the settlement or audit to the

court of common pleas of the county in which the city is

located. If the appellant is a taxpayer of the city or an

officer, the taxpayer of the city or the officer shall file a

bond, with one or more sufficient sureties, conditioned to pay

reasonable attorney fees and court costs if the appellant fails

in the appeal.

CHAPTER 118

ACCOUNTS AND FINANCES

Sec.

11801. Fiscal year.

11802. Powers and duties of chief fiscal officer.

11803. Deputy chief fiscal officer.

11804. Regulations concerning appropriation.

11804.1. Investment of cit y money.

11805. Countersigning documents, money available and evidence

required.

11806. Record of assets, property, trusts, debts due, receipts

and expenditures.

11807. Supervision of accounts of departments.

11808. Suggestions for improvement of city finances.

11809. Annual budget, presentation to council, notice, revision

and adoption.

11810. Amending budget and notice.

11811. Appropriations, tax rate and limitations.

20150SB0775PN0834 - 103 -

11811.2. Borrowing in anticipation of current revenue.

11812. Annual reports, publication, filing report with

Department of Community and Economic Development and

penalty.

11813. Committee to prepare uniform forms.

11814. Annual reports to council on insurance and bonds.

§ 11801. Fiscal year.

The fiscal year of each city shall begin on January 1 and end

on December 31.

§ 11802. Powers and duties of chief fiscal officer.

(a) Appointment.--Council shall appoint a chief fiscal

officer. In filling the position of chief fiscal officer,

council may appoint the director of the department of accounts

and finance or the city administrator if one is appointed under

Chapter 111 (relating to the executive department) or 112A

(relating to city administrator).

(b) Bond.--The chief fiscal officer shall furnish a bond in

accordance with section 10907 (relating to surety bonds,

insurance and premiums).

(1) The chief fiscal officer may administer oaths and

affirmations pertaining to the authentication of an account

with the city or a claim by or demand against the city.

(2) The chief fiscal officer may not receive any

additional compensation for the administration or oath and

affirmations under paragraph (1).

§ 11803. Deputy chief fiscal officer.

(a) Appointment.--Council may authorize the chief fiscal

officer to appoint, subject to the approval of council, a deputy

chief fiscal officer whose compensation shall be fixed by

20150SB0775PN0834 - 104 -

council.

(b) Bond.--The deputy chief fiscal officer shall furnis h a

bond in accordance with section 10907 (relating to surety bonds,

insurance and premiums).

(1) The deputy chief fiscal officer may administer oaths

and affirmations pertaining to the authentication of an

account with the city or a claim by or demand against the

city.

(2) The deputy chief fiscal officer may not receive any

additional compensation for the administration or oath and

affirmations under paragraph (1).

(d) Temporary deputy chief fiscal officer.--If no deputy

chief fiscal officer has been appointed, council may appoint a

temporary deputy chief fiscal officer to serve during the chief

fiscal officer's illness, absence or inability to serve. The

temporary deputy chief fiscal officer may be required to furnish

a bond as required by council.

§ 11804. Regulations concerning appropriation.

(a) Debt.--Debt may not be incurred by any department of the

city except in accordance with law.

(b) Appropriations.--Money may not be paid out of the city

treasury except by an appropriation made in accordance with law

and a document authorizing payment drawn by the proper officer.

materials, execute contracts or issue orders for the payment of

any money if it would result in the total expenditure of money

for a specific purpose to exceed the amount appropriated for

that purpose.

(d) Expense reports.--If an appropriation is entirely

20150SB0775PN0834 - 105 -

expended and the object of the appropriation is not completed,

not later than the next regularly scheduled council meeting, the

chief fiscal officer shall report the fact to council and

accompany the report with a statement of the money which have

been drawn on the appropriation and the particular purpose for

which the money were drawn.

(e) Supplemental appropriations.--Council may, by ordinance,

make supplemental appropriations for any lawful purpose from any

money in the city treasury or estimated to be deposited in the

city treasury within the fiscal year and not appropriated for

any other purpose, including the proceeds of any borrowing

authorized by law.

(f) Transfers.--

(1) Council may authorize the transfer of any unexpended

balance of an appropriation item.

(2) Before authorizing a transfer under paragraph (1),

council shall seek comments from any director of a department

negatively affected by the proposed transfer.

(g) Methods of transfers.--Council shall determine the

manner and method of all intradepartmental and interdepartmental

financial transfers.

§ 11804.1. Investment of cit y money.

(a) General rule.--Council shall have power to provide the

following:

(1) The investment of city sinking funds as authorized

by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing).

(2) The investment of money in the general fund and in

special funds of the city, other than the sinking funds as

authorized by this chapter.

20150SB0775PN0834 - 106 -

(3) The liquidation of any investment, in whole or in

part, by disposing of securities or withdrawing money on

deposit. Any action taken to make or to liquidate any

investment shall be made by the officers designated by action

of council.

(b) Investment.--Council shall invest cit y money consistent

with sound business practices.

program subject to restrictions contained in this chapter and in

any other applicable statute and any rules and regulations

adopted by council.

(d) Authorized investments.--Authorized types of investments

of city money shall be any of the following:

(1) United States Treasury bills.

(2) Short-term obligations of the United States

Government or its agencies or instrumentalities.

(3) Deposits in savings accounts, time deposits, other

than certificates of deposit, or share accounts of

institutions insured by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund

to the extent that the accounts are so insured and, for any

amounts above the insured maximum, provided that approved

collateral as prescribed by law shall be pledged by the

depository.

(4) Obligations of:

(i) The United States Government or any of its

agencies or instrumentalities backed by the full faith

and credit of the United States.

(ii) The Commonwealth or any of its agencies or

instrumentalities backed by the full faith and credit of

20150SB0775PN0834 - 107 -

the Commonwealth.

(iii) Any political subdivision of the Commonwealth

or any of its agencies or instrumentalities backed by the

full faith and credit of the political subdivision.

(5) Shares of an investment company registered under the

Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §

80a-1 et seq.), whose shares are registered under the

Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et

seq.), provided that the only investments of the company are

in the authorized investment s of city money under paragraphs

(1), (2), (3) and (4).

(6) Certificates of deposit purchased from institutions

insured by the Federal Deposit Insurance Corporation or the

National Credit Union Share Insurance Fund to the extent that

the accounts are so insured. However, for any amounts above

the insured maximum, the certificates of deposit shall be

collateralized by a pledge or assignment of assets of the

institution and the collateral may include loans, including

interest in pools of loans, secured by first mortgage liens

on real property. Certificates of deposit purchased from

commercial banks shall be limited to an amount equal to 20%

of a bank's total capital and surplus. Certificates of

deposit purchased from savings and loan associations or

savings banks shall be limited to an amount equal to 20% of

an institution's assets minus liabilities.

(7) For any pension or retirement fund, any investment

authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities

investments).

(8) Repurchase agreements which are fully collateralized

by obligations of the United States Government or its

20150SB0775PN0834 - 108 -

agencies or instrumentalities, which are free from other

liens and backed by the full faith and credit of the United

States or are rated in the highest category by a nationally

recognized statistical rating organization.

(9) Deposits in investment pools established by the

State Treasurer or established by local governments pursuant

to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation) and related statutes, provided that the

investment pools are rated in the highest category by a

nationally recognized statistical rating organization.

(e) Authority.--In making investments of city money, council

shall have authority to do any of the following:

(1) Permit assets pledged as collateral under subsection

(d)(3) to be pooled in accordance with the act of August 6,

1971 (P.L.281, No.72), entitled "An act standardizing the

procedures for pledges of assets to secure deposits of public

funds with banking institutions pursuant to other laws;

establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral for

deposits of public funds; permitting assets to be pledged

against deposits on a pooled basis; and authorizing the

appointment of custodians to act as pledgees of assets ."

(2) Combine money from more than one fund under city

control for the purchase of a single investment, provided

that each of the funds shall be accounted for separately in

all respects and that the earnings from the investment are

separately and individually computed and recorded and

credited to the accounts from which the investment was

purchased.

(3) Join with one or more other political subdivisions

20150SB0775PN0834 - 109 -

and municipal authorities in accordance with 53 Pa.C.S. Ch.

23, Subch. A, in the purchase of a single investment,

provided that the requirements of paragraph (2) are adhered

to.

§ 11805. Countersigning documents, money available and evidence

required.

(a) General rule.--The chief fiscal officer shall

countersign all documents, in the form approved by council,

authorizing payment from the city treasury.

(b) Prohibition.--In countersigning documents authorizing

payment from the city treasury, the chief fiscal officer shall

not permit any appropriation made by council to be overdrawn and

shall not countersign unless there is money in the treasury to

pay the appropriation .

payment to volunteer fire companies, whenever a document

authorizing payment from the city treasury is presented to the

chief fiscal officer to be countersigned, the person presenting

the document shall be required to produce evidence of each of

the following:

(1) That the amount expressed in the document is due to

the person in whose favor it is drawn.

(2) That the supplies, services or other consideration

for payment have been furnished, performed or given according

to law and the terms of the contract, if any, were satisfied.

§ 11806. Record of assets, property, trusts, debts due,

receipts and expenditures.

The chief fiscal officer or other official or employee of the

city designated by council shall have charge and keep a record

of accounts, under appropriate titles, to show separately and

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distinctly the following:

(1) All of the assets and property vested in the city.

(2) All trusts in care of the city.

(3) Debts owed by the city.

(4) All of the receipts and expenditures of the various

departments.

§ 11807. Supervision of accounts of departments.

The chief fiscal officer shall have the supervision and

control of the accounts of all of the departments and may

require at any time a statement in writing of all money or

property of the city under any department's control.

§ 11808. Suggestions for improvement of city finances.

The chief fiscal officer may, and when council directs shall,

suggest plans to council for the management and improvement of

the city finances.

§ 11809. Annual budget, presentation to council, notice,

revision and adoption.

(a) Introduction.--Each year at the last stated meeting in

November, the chief fiscal officer shall, on behalf of council,

present to council for introduction a proposed budget ordinance .

The proposed budget ordinance shall show the estimated receipts,

expenditures and liabilities for the ensuing year, with the

balance of unexpended appropriations and all other information

of value as a basis for fixing the levy and tax rate for the

next fiscal year. Council shall, upon introducing the proposed

budget ordinance, fix a date for adoption, which shall be not

later than December 31 of that year.

(b) Estimate.--The departments of the city government shall,

before the proposed budget ordinance is introduced as provided

under subsection (a), furnish to council an estimate of the

20150SB0775PN0834 - 111 -

probable receipts and expenditures and an estimate of the amount

required by each of the departments for public service during

the ensuing fiscal year as a basis for making the annual

appropriations.

(1) When the proposed budget ordinance is submitted to

council and has been introduced, the city clerk shall

immediately make the proposed budget ordinance available for

public inspection at the city clerk's office and shall

publish a notice to that effect once in a newspaper of

general circulation in accordance with the provisions of

section 10109 (relating to publication of notices).

(2) The notice shall state the date fixed by council for

enactment of the proposed budget ordinance and notice shall

be published at least 20 days prior to the time fixed by

council for enactment of the proposed budget ordinance. The

proposed budget ordinance shall be available for public

inspection at the city clerk's office for at least 10 days

after the newspaper notice is published.

(d) Enactment.--Council shall, after making the changes and

modifications as appear proper, enact the budget and any

appropriation measures required to put it into effect upon the

date fixed for enactment. The budget shall reflect as nearly as

possible the estimated revenues and expenditures of the city for

the year for which the budget is prepared. Should it appear upon

any revision of the budget that the estimated expenditures in

the enacted budget would be increased more than 10% in the

aggregate or more than 25% in any individual item over the

proposed budget, the budget shall not be enacted with any of the

increases unless the budget is made available for public

20150SB0775PN0834 - 112 -

inspection for a period of at least 10 days after notice to that

effect is published as provided under subsection (c).

§ 11810. Amending budget and notice.

(a) General rule.--During the month of January following the

expiration of a past fiscal year, in furthering its fiduciary

responsibility, council may amend the budget and the levy and

tax rate to conform to its amended budget ordinance. A period of

10 days' public inspection at the city clerk's office of the

proposed amended budget ordinance, after notice by the city

clerk to that effect is published in a newspaper of general

circulation as provided in section 10109 (relating to

publication of notices), shall intervene between council's

introduction of the proposed amended budget ordinance and its

enactment. Any amended budget ordinance must be enacted by

council on or before February 15.

(b) Prohibition.--After introduction, no proposed amended

budget ordinance shall be revised upward in excess of 10% in the

aggregate or as to an individual item in excess of 25% of the

amount of the individual item in the proposed amended budget

ordinance.

§ 11811. Appropriations, tax rate and limitations.

(a) General rule.--When all estimates for the receipts,

liabilities and expenditures for the ensuing year are made,

council shall proceed to make the annual appropriations and

shall fix the tax rate at the figure that will, in combination

with all other estimated receipts of the city, fully meet and

cover the aggregate amount of the estimates of liabilities and

expenditures for the ensuing year.

(b) Exceptions.--

(1) No appropriation shall be made for any purpose until

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the following are provided for:

(i) Interest accruing on the funded debt of the city

and the principal of that part of the debt as may be

coming due in that fiscal year.

(ii) The salaries of officers.

(iii) The ordinary and necessary expenses of the

city.

(2) No appropriation shall be made for any purpose in

excess of the estimated receipts and revenues for the fiscal

year for which the appropriations are made.

§ 11811.2. Borrowing in anticipation of current revenue.

In accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing), cities may:

(1) borrow money in anticipation of current revenues to

an amount of not more than the anticipated current revenues,

which shall be pledged for the payment of the loan or loans;

and

(2) issue notes or other forms of obligation in evidence

of the debt.

§ 11812. Annual reports, publication, filing report with

Department of Community and Economic Development and

penalty.

(a) Annual report.--The chief fiscal officer shall make a

report, verified by oath or affirmation to council at a stated

meeting in April in each year, of the public accounts of the

city and of the trusts in its care for the preceding fiscal

year, exhibiting all of the expenditures of the accounts,

respectively, and the sources from which the revenue and funds

are derived and in what measures the revenue and funds hav e been

disbursed. Each account shall be accompanied by a statement

20150SB0775PN0834 - 114 -

detailing all of the following:

(1) The appropriations made by council.

(2) The amount drawn and encumbered on each

appropriation.

(3) The unencumbered balance outstanding to the debit or

credit of the appropriation at the close of the fiscal year.

(b) Publication.--

(1) The report shall be accompanied by a concise

financial statement setting forth all of the following:

(i) The balance in the treasury at the beginning of

the fiscal year.

(ii) All revenues received during the fiscal year,

by major classifications.

(iii) All expenditures made during the fiscal year,

by major functions.

(iv) The current resources and liabilities of the

city at the end of the fiscal year.

(v) The gross liability and the net debt of the

city.

(vi) The amount of the assessed valuation of the

taxable property in the city.

(vii) The assets of the city.

(viii) The character and value of the assets.

(ix) The date of the last maturity of the respective

forms of funded debt.

(x) The assets in each sinking fund.

(2) The report and financial statement shall be

published in a newspaper of general circulation as required

by section 10109 (relating to publication of notices) at

least 10 days prior to the April meeting scheduled pursuant

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to subsection (a).

(3) Before the report or statement is made or published,

it shall be approved by the independent auditor, who may

approve it, subject to exceptions. Council may cause the

statement to be printed in pamphlet form in addition to the

publications made.

the financial condition of the city to the Department of

Community and Economic Development within 90 days after the

close of the fiscal year. The report shall be signed and duly

verified by the oath of the chief fiscal officer and approved by

the independent auditor, as provided above. Any chief fiscal

officer appointed by the city refusing or willfully neglecting

to file the report shall, upon conviction in a summary

proceeding brought by the Department of Community and Economic

Development, be sentenced to pay a fine of $5 for each day

delayed beyond 90 days and costs. All fines recovered shall be

for use by the Commonwealth.

(d) Form.--The report to the Department of Community and

Economic Development shall be presented in a form as provided

for in section 11813 (relating to committee to prepare uniform

forms).

§ 11813. Committee to prepare uniform forms.

(a) General rule.--The uniform financial report forms under

this chapter shall be prepared by a committee consisting of four

representatives of the Pennsylvania Municipal League and the

Secretary of Community and Economic Development, or the

secretary's agent or designee who shall be an individual trained

in the field of municipal finance.

(b) Appointment.--The representatives shall be appointed by

20150SB0775PN0834 - 116 -

the president of the Pennsylvania Municipal League within 60

days of notification by the Secretary of Community and Economic

Development or the secretary's agent or designee that the

committee will convene . The representatives shall be chosen from

among chief fiscal officers of cities or other officers of

cities w ho have knowledge of fiscal procedures and shall be

chosen to represent cities in the various population groups. The

president of the Pennsylvania Municipal League and other

designated participants shall supply to the Secretary of

Community and Economic Development the names and addresses of

the representatives immediately upon their appointment.

serve without compensation, but they shall be reimbursed by the

Commonwealth for all necessary expenses incurred in attending

meetings of the committee. The committee shall meet at the call

of the Secretary of Community and Economic Development, or the

secretary's agent or designee, who shall serve as chairperson of

the committee.

(d) Duty of secretary.--It shall be the duty of the

Secretary of Community and Economic Development, or the

secretary's agent or designee, to ensure the forms required by

this chapter are prepared in cooperation with the committee. In

the event that the committee should for any reason fail to

furnish the cooperation, the Secretary of Community and Economic

Development, or the secretary's agent or designee, shall

complete the preparation of the forms. After their preparation,

the Secretary of Community and Economic Development, or the

secretary's agent or designee, shall issue the forms and

distribute them annually, as needed, to the designated officers

of each city.

20150SB0775PN0834 - 117 -

(e) Change or alteration.--No change or alteration in the

forms prescribed shall be made by the Secretary of Community and

Economic Development or the secretary's agent or designee,

except by a majority approval of the committee, unless upon

reasonable notice two or more representatives of the committee

fail to attend the committee meetings. In voting upon any change

or alteration, each representative and the chairperson of the

committee shall have one vote.

§ 11814. Annual reports to council on insurance and bonds.

The chief fiscal officer shall prepare or cause to be

prepared and submit to council, as council shall direct, a

complete and itemized report of all policies of insurance

contracted by the city for the information and consideration of

council. The chief fiscal officer shall prepare a report, as

council shall direct, of all bonds given for the protection of

the city in whole or in part.

CHAPTER 119

CONTRACTS

Sec.

11901. Power to make and regulate contracts.

11901.1. Contracts or purchases in excess of base amount of

$18,500.

11901.2. Contracts or purchases not in excess of base amount of

$18,500.

11901.3. Determining amount of contract.

11901.4. Contracts or purchases not requiring advertising or

bidding.

11901.5. Receipt, opening, award or rejection of bids.

11901.6. Bid, performance and payment security.

11901.7. Compliance with other laws.

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11901.8. Prohibitions.

11901.9. Lowest responsible bidder.

11902. Evasion of advertising requirements.

11903.1. Adjustments to base amount based on Consumer Price

Index for All Urban Consumers.

11906. Designation of appropriations, certification in excess

of appropriation and contracts for governmental

services for more than one year.

11908.1. Purchase contracts for petroleum products, fire company

and participation.

11909. Separate bids for plumbing, heating, ventilating and

electrical work, elevators and escalators.

11910. Acceptance by contractor of Workers' Compensation Act.

11911. Contracts for improvements and assignment of

assessments.

11912. Architects and engineers in employ of city, prohibitions

from bidding on public works and penalty.

11916. Contracts with passenger or transportation companies.

§ 11901. Power to make and regulate contracts.

(a) General rule.--Each city may execute contracts for the

purpose of carrying out the provisions of this part and the laws

of the Commonwealth. In addition to and consistent with the

requirements of this chapter, council shall, by ordinance,

provide for and regulate the procedures for the award of all

contracts, including the purchase of supplies and materials.

(b) Real and personal property.--Contracts for the sale of

real and personal property shall conform to the provisions of

section 12402.1 (relating to city property and affairs).

§ 11901.1. Contracts or purchases in excess of base amount of

$18,500.

20150SB0775PN0834 - 119 -

(a) General rule.--Except as provided in section 11901.4(b)

(relating to contracts or purchases not requiring advertising or

bidding), all contracts or purchases in excess of the base

amount of $18,500, subject to adjustment under section 11903.1

(relating to adjustments to base amount based on Consumer Price

Index for All Urban Consumers), shall be subject to advertising

and competitive bidding as provided in this chapter.

(b) Contract.--All services and personal properties required

by any city municipal department, where the amount exceeds the

base amount of $18,500, subject to adjustment under section

11903.1, shall be furnished and performed under written

contract. The contract shall be awarded and given to the lowest

responsible bidder after advertising two times, each publication

on a different day, in not more than two newspapers of general

circulation, in accordance with the provisions of section 10109

(relating to publication of notices) . The bids shall not be

opened until at least 10 days have elapsed after the first

advertisement is published. A co py of the advertisement for

contracts or purchases shall be posted in the city office

designated by council.

§ 11901.2. Contracts or purchases not in excess of base amount

of $18,500.

With regard to all contracts or purchases not in excess of

the base amount of $18,500, subject to adjustment under section

11903.1 (relating to adjustments to base amount based on

Consumer Price Index for All Urban Consumers), the following

shall apply:

(1) The purchases or contracts shall be evidenced by

note or memorandum in writing, signed by the officer or

employee making the purchase or contract.

20150SB0775PN0834 - 120 -

(2) Council, or the officer designated by council, shall

approve all purchases or contracts, except council need not

approve those purchases or contracts within the category of

small or routine purchases or incidental expenses, as defined

by ordinance.

§ 11901.3. Determining amount of contract.

The amount of the contract shall be the entire amount which

the city pays to the successful bidder or the successful

bidder's assigns in order to obtain the services or property, or

both, and shall not be construed to mean only the amount which

is paid to acquire title or to receive any other particular

benefit or benefits of the whole bargain.

§ 11901.4. Contracts or purchases not requiring advertising or

bidding.

(a) Not in excess of base amount.--City contracts or

purchases, if not in excess of the base amount of $18,500,

subject to adjustment under section 11903.1 (relating to

adjustments to base amount based on Consumer Price Index for All

Urban Consumers), shall not require advertising or bidding.

(b) In excess of base amount.--The following city contracts

or purchases involving an expenditure over the base amount of

$18,500, subject to adjustment under section 11903.1, do not

require advertising or bidding:

(1) Contracts for maintenance, repairs or replacements

for water, electric light or other public works of the city,

provided they do not constitute new additions, extensions or

enlargements of existing facilities and equipment. Security

may be required by council as in other cases of work done.

(2) Contracts for improvements, repairs and maintenance

of any kind made or provided by any city through its own

20150SB0775PN0834 - 121 -

employees, except that this exception shall not apply to

construction materials used in a street improvement.

(3) Contracts for new equipment, articles, apparatus,

appliances or vehicles which are patented or copyrighted

products.

(4) Contracts involving any policies of insurance or

surety company bonds.

(5) Contracts for public utility service and

electricity, natural gas or telecommunication services,

provided that, in the case of utilities not under tariff with

the Pennsylvania Public Utility Commission, contracts made

without advertising and bidding shall be made only after

receiving written or telephonic price quotations from at

least three qualified and responsible providers. In lieu of

price quotations, a memorandum shall be kept on file showing

that fewer than three qualified providers exist in the market

area within which it is practicable to obtain quotations. A

written record of telephonic price quotations shall be made

and shall contain at least the date of the quotation, the

name of the provider and the provider's representative, the

type of service that was the subject of the quotation and the

price. Written price quotations, written records of

telephonic price quotations and memoranda shall be retained

for a period of three years.

(6) Contracts entered into with the Federal Government,

the Commonwealth, another political subdivision or a county,

any agency of the Federal Government or the Commonwealth, any

municipal authority, including the sale, leasing or loan of

any supplies or materials by the Federal Government or the

Commonwealth, or their agencies, but the price shall not be

20150SB0775PN0834 - 122 -

in excess of that fixed by the Federal Government, the

Commonwealth or their agencies.

(7) Contracts involving personal or professional

services.

(8) Contracts executed during a state of emergency

declared by the mayor in accordance with section 11203

(relating to execution of laws, powers of sheriff conferred

and emergency powers) or those made during a disaster

emergency declared by the Governor or during a local

emergency in accordance with 35 Pa.C.S. Pt. V (relating to

emergency management services).

§ 11901.5. Receipt, opening, award or rejection of bids.

(a) Advertisement.-- If advertisement and bidding are

required, the advertisement shall specify the time and place

bids will be received and the time and place for the opening of

bids.

(b) Bids.--Bids received pursuant to advertisement shall be

opened publicly by council or its designated agent. The amount

of each bid and any other relevant information as may be

specified by council, together with the name of each bidder,

shall be disclosed and recorded and the record shall be open to

public inspection.

more than 60 days after the receipt of bids, council shall

either award the contract or reject all bids.

§ 11901.6. Bid, performance and payment security.

(a) Bid security.--The following shall apply to bid

security:

(1) Council may require that bids received pursuant to

advertisement be accompanied by bid security, in a reasonable

20150SB0775PN0834 - 123 -

amount, which shall be in the form of a certified or bank

check or a bond provided by a surety company authorized to do

business in this Commonwealth or another form of security as

specified in the advertisement for bids.

(2) In the event the successful bidder shall, upon award

of the contract, fail to comply with the requirements of

subsection (b) as to performance security, the bid security

shall be forfeited to the city as liquidated damages.

(b) Performance security.--The following shall apply to

performance security:

(1) In the case of a contract that had been subject to

advertising and bidding, the successful bidder shall be

required to furnish performance security in the form of a

bond or irrevocable letter of credit in an amount equal to

100% of the contract price with suitable reasonable

requirements guaranteeing the performance of the contract.

Performance security shall be provided within 20 days after

the contract has been awarded, unless council prescribes a

shorter period of not less than 10 days. Failure to furnish

the security within the required time period shall void the

award.

(2) The provisions of this subsection requiring

successful bidders to furnish performance security shall not

be mandatory as to contracts for the purchase of motor

vehicles or other pieces of equipment but only as to those

contracts which involve furnishing of labor and materials.

Council may, in all cases of contracts or purchases, require

security for performance, delivery or other terms.

security:

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(1) In conformity with the act of December 20, 1967

(P.L.869, No.385), known as the Public Works Contractors'

Bond Law of 1967, it shall be the duty of every city to

require any individual, partnership, association or

corporation entering into a contract with the city for the

construction, erection, installation, completion, alteration,

repair of or addition to any public work or improvement of

any kind, where the amount of the contract is in excess of

$10,000, before commencing work under the contract, to

provide payment security in a form acceptable to and approved

by the city, which may include, but need not be limited to,

any of the following equal to 100% of the contract amount:

(i) A bond.

(ii) Federal or Commonwealth-chartered lending

institution irrevocable letters of credit.

(iii) Restrictive or escrow accounts in the lending

institutions under subparagraph (ii).

(2) The payment security shall be solely for the

protection of claimants supplying labor or materials to the

prime contractor to whom the contract was awarded, or to any

of the prime contractor's subcontractors, in the execution of

the work provided for in the contract. The payment security

shall be conditioned for the prompt payment of all material

furnished or labor supplied or performed in the execution of

the wo rk under the contract.

§ 11901.7. Compliance with other laws.

Every contract subject to this chapter shall comply, as

applicable, with the provisions of the act of August 15, 1961

(P.L.987, No.442), known as the Pennsylvania Prevailing Wage

Act, the act of December 20, 1967 (P.L.869, No.385), known as

20150SB0775PN0834 - 125 -

the Public Works Contractors' Bond Law of 1967, the act of

January 23, 1974 (P.L.9, No.4), referred to as the Public

Contract Bid Withdrawal Law, the act of March 3, 1978 (P.L.6,

No.3), known as the Steel Products Procurement Act, the act of

February 17, 1994 (P.L.73, No.7), known as the Contractor and

Subcontractor Payment Act, and 62 Pa.C.S. Chs. 37 Subch. B

(relating to motor vehicles), 39 (relating to contracts for

public works) and 45 (relating to antibid-rigging).

§ 11901.8. Prohibitions.

No individual, consultant, firm or corporation contracting

with a city for purposes of rendering personal or professional

services to the city shall share with any city officer or

employee, and no city officer or employee shall accept, any

portion of the compensation or fees paid by the city for the

contracted services provided to the city.

§ 11901.9. Lowest responsible bidder.

For purposes of this chapter, the lowest responsible bidder

need not be the bidder submitting the lowest dollar amount bid.

The city may also consider the quality of goods or services

supplied, ease of repair, compatibility with other city

equipment or services, responsiveness, past performance of the

bidder and any other reasonable factors specified in the

advertisement for bids.

§ 11902. Evasion of advertising requirements.

The following shall apply:

(1) No elected or appointed official or officials of any

city shall evade the provisions of this chapter requiring

advertising for bids by purchasing or contracting for

services and personal properties piecemeal for the purpose of

obtaining prices under the base amount of $18,500, subject to

20150SB0775PN0834 - 126 -

adjustment under section 11903.1 (relating to adjustments to

base amount based on Consumer Price Index for All Urban

Consumers), upon transactions which should, in the exercise

of reasonable discretion and prudence, be conducted as one

transaction amounting to more than t he base amount of

$18,500, subject to adjustment under section 11903.1 .

(2) Paragraph (1) is intended to make unlawful the

practice of evading advertising requirements by making a

series of purchases or contracts, each for less than the

advertising requirement price, or by making several

simultaneous purchases or contracts, each below the price,

when, in either case, the transactions involved should have

been made as one transaction for one price.

(3) Any elected or appointed official who acts in

violation of paragraph (1), knowing that the transaction upon

which the elected or appointed official acts is or ought to

be a part of a larger transaction and that it is being

divided in order to evade the requirements as to advertising

for bids, shall be jointly and severally subject to surcharge

for 10% of the full amount of the contract or purchase.

Wherever it shall appear that an elected or appointed

official may have acted in violation of this section but the

purchase or contract on which the elected or appointed

official acted was not executed, this section shall be

inapplicable.

§ 11903.1. Adjustments to base amount based on Consumer Price

Index for All Urban Consumers.

Adjustments to the base amounts specified under sections

11901.1 (relating to contracts or purchases in excess of base

amount of $18,500), 11902 (relating to e vasion of advertising

20150SB0775PN0834 - 127 -

requirements) and 11909 (relating to separate bids for plumbing,

heating, ventilating and electrical work, elevators and

escalators) shall be made as follows:

(1) The Department of Labor and Industry shall determine

the percentage change in the Consumer Price Index for All

Urban Consumers: All Items (CPI-U) for the United States City

Average as published by the United States Department of

Labor, Bureau of Labor Statistics, for the 12-month period

ending September 30.

(2) If the Department of Labor and Industry determines

that there is no positive percentage change, no adjustment to

the base amounts shall occur for the relevant time period

provided for in this section.

(3) (i) If the Department of Labor and Industry

determines that there is a positive percentage change in

the first year that the determination is made under

paragraph (1), the positive percentage change shall be

multiplied by each base amount, the products shall be

added to the base amounts, respectively, and the sums

shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be

rounded to the nearest $100 to determine the final

adjusted base amounts for purposes of sections 11901.1

and 11902.

(4) In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied

by the most recent preliminary adjusted amounts and the

products shall be added to the preliminary adjusted amount of

the prior year to calculate the preliminary adjusted amounts

20150SB0775PN0834 - 128 -

for the current year. The sums shall be rounded to the

nearest $100 to determine the new final adjusted base amounts

for purposes of sections 11901.1 and 11902.

(5) The determinations and adjustments required under

this section shall be made annually after October 1 and

before November 15.

(6) The final adjusted base amounts and new final

adjusted base amounts obtained under paragraphs (3) and (4)

shall become effective January 1 for the calendar year

following the year in which the determination required under

paragraph (1) is made.

(7) The Department of Labor and Industry shall publish

notice in the Pennsylvania Bulletin prior to January 1 of

each calendar year of the annual percentage change determined

under paragraph (1) and the unadjusted or final adjusted base

amounts determined under paragraphs (3) and (4) at which

competitive bidding is required under section 11901.1 and

advertising is required under section 11902 or separate bids

are required under section 11909 for the calendar year

beginning the first day of January after publication of the

notice. The notice shall include a written and illustrative

explanation of the calculations performed by the Department

of Labor and Industry in establishing the unadjusted or final

adjusted base amounts under this section for the ensuing

calendar year.

(8) The annual increase in the preliminary adjusted base

amounts obtained under paragraphs (3) and (4) shall not

exceed 3%.

§ 11906. Designation of appropriations, certification in excess

of appropriation and contracts for governmental

20150SB0775PN0834 - 129 -

services for more than one year.

With regard to any contract, council may direct the city

administrator, chief fiscal officer or other designated official

or employee to furnish information concerning the availability

of appropriate d money to satisfy required payments under the

contract. Nothing in this section shall prevent the making of

contracts for governmental services for a period exceeding one

year, but any contract shall be executed only for the amounts

agreed to be paid for the services to be rendered in succeeding

fiscal years.

§ 11908.1. Purchase contracts for petroleum products, fire

company and participation.

Council of each city shall have power to permit, subject to

any terms and conditions as the city may impose, any fire

company, rescue company and ambulance company in the city to

participate in purchase contracts for petroleum products entered

into by the city. Fire company, rescue company and ambulance

company participation in purchase contracts for petroleum

products shall be subject to the condition that all prices shall

be F.O.B. If permitted by council, a fire company, rescue

company or ambulance company may participate in designated

petroleum product contracts entered into by the city, subject to

the fire company, rescue company or ambulance company:

(1) Having filed with the city clerk a request that it

be authorized to participate in contracts for the purchase of

petroleum products of the city.

(2) Having agreed that it will be bound by any terms and

conditions imposed by the city.

(3) Having agreed that it will be responsible for

payment directly to the vendor under each purchase contract.

20150SB0775PN0834 - 130 -

§ 11909. Separate bids for plumbing, heating, ventilating and

electrical work, elevators and escalators.

The following shall apply:

(1) In the preparation of specifications for the

erection, construction and alteration of any public building,

when the entire cost of the work shall exceed the base amount

of $18,500, subject to adjustment under section 1 1903.1

(relating to adjustments to base amount based on Consumer

Price Index for All Urban Consumers) , the architect, engineer

or other person preparing the specifications shall prepare

only the following separate specifications:

(i) Plumbing.

(ii) Heating.

(iii) Ventilating.

(iv) Electrical work.

(v) Elevators and escalators.

(vi) One complete set of specifications for all the

other work to be done in the erection, construction and

alteration.

(2) The project manager, construction manager or other

person authorized by council to enter into contracts for the

erection, construction or alteration of the public buildings

shall receive separate bids upon each of the branches of work

and council or the appropriate city officer shall award the

contract to the lowest responsible bidder for each of the

branches, including the balance of the work, in addition to

the plumbing, heating, ventilating and electrical work and

elevators and escalators. Where it is desired to install an

air conditioning unit, the heating and ventilating may be

regarded as one branch of work having only one set of

20150SB0775PN0834 - 131 -

specifications, and bids may be received and a contract

awarded on that set as provided under this chapter.

§ 11910. Acceptance by contractor of Workers' Compensation Act.

(a) General rule.--All contracts executed by any city which

involve the construction or performance of any work involving

the employment of labor shall contain a provision that the

contractor shall accept and file with the city, proof of

compliance with or exemption from the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act,

insofar as the work covered by the contract is concerned.

(b) Certificate of exemption.--A certificate of exemption

from issuance may be issued on the basis of either individual

self-insurance or group self-insurance.

proof that the Department of Labor and Industry, with respect to

certain employees, has accepted the application to be excepted

from the provisions of the Workers' Compensation Act on

religious grounds.

(d) Violation.--Any contract executed in violation of this

section is void.

§ 11911. Contracts for improvements and assignment of

assessments.

Where the whole or any part of the cost of an improvement is

to be paid by assessments upon the property abutting or

benefited, the city may enter into an agreement with the

contractor, pursuant to which the contractor shall take an

assignment of the assessments in payment of the amount due under

the terms of the contract and the city shall not be otherwise

liable under the contract.

§ 11912. Architects and engineers in employ of city,

20150SB0775PN0834 - 132 -

prohibitions from bidding on public works and

penalty.

(a) Bidding.--It shall be unlawful for any architect or

engineer in the employ of any city to bid on any public work of

the city.

(b) Award.--It shall be unlawful for the officers of any

city, charged with the duty of letting any public work, to award

a contract to any architect or engineer in the employ of the

city.

commits a misdemeanor and shall, upon conviction , be subject to

forfeiting office, in accordance with section 10901 (relating to

appointment, removal and prohibition), and sentenced to pay a

fine of not more than $500, or to imprisonment for not less than

six months, or both. Any contract made in violation of the

provisions of this section shall be null and void.

(d) Construction.--The provisions of this section shall be

in addition to any prohibition in 65 Pa.C.S. Ch. 11 (relating to

ethics standards and financial disclosure).

§ 11916. Contracts with passenger or transportation companies.

Except as may be prohibited by 66 Pa.C.S. Pt. I (relating to

public utility code) or Federal or other State regulation of

transportation or commerce, a city may, as it deems necessary

for the public benefit and convenience, contract with a person

owning a public transportation service, railroad company, street

railway, motor power company or passenger or transportation

company.

CHAPTER 120

POLICE FORCE

Sec.

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12001. Appointment, number, rank, compensation and

qualifications of police officers.

12002. Designation of chief.

12003. Extra police officers and compensation.

12005. Powers of police officers to arrest.

12006. Service of process, fees and payment into treasury.

12007. Supervision by mayor.

12008. Extra compensation prohibited, exception and penalty.

12009. Compensation or insurance for volunteer police officer.

12010. School crossing guards.

§ 12001. Appointment, number, rank, compensation and

qualifications of police officers.

(a) General rule.--Council shall fix, by ordinance, the

number, grades and compensation of the members of the city

police force, who shall, except as provided in section 12002

(relating to designation of chief), be appointed in accordance

with the civil service provisions of this chapter.

(b) Demotion.--No member of the city police force having

been promoted in conformity with the civil service provisions of

this chapter shall be demoted in rank or discharged from the

police force except upon proper cause shown as set forth under

the civil service provisions of this chapter and section 12002.

officer's appointment and qualification, shall hold at the same

time the office of constable.

(d) Rules and regulations.--Council shall promulgate rules

and regulations for the organization and governing of the police

force.

§ 12002. Designation of chief.

The chief of police shall be designated by the mayor from

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within the ranks and may be demoted without cause in the same

manner, but not to any rank lower than the rank which was held

at the time of designation as chief of police . In the event that

no qualified officer from within the ranks has applied for the

designation, the chief of police shall be designated by the

mayor from outside the ranks. The officers, other than the chief

of police, shall be designated in accordance with Chapter 144

(relating to civil service).

§ 12003. Extra police officers and compensation.

The mayor may appoint extra police officers, whenever it is

necessary in the judgment of the mayor for the public safety or

to preserve order, to serve for a period designated by council,

not to exceed 30 days and whose compensation shall be fixed by

council.

§ 12005. Powers of police officers to arrest.

Police officers shall be ex-officio constables of the city,

and shall enforce the laws of the Commonwealth or otherwise

perform the functions of their office in accordance with 42

Pa.C.S. §§ 8952 (relating to primary municipal police

jurisdiction) and 8953 (relating to Statewide municipal police

jurisdiction) and upon property owned or controlled by the city

or by a municipal authority created by the city. A police

officer may, without warrant and upon view, arrest and commit

for hearing any and all individuals:

(1) Guilty of:

(i) breach of the peace;

(ii) vagrancy;

(iii) riotous or disorderly conduct; or

(iv) drunkenness.

(2) Engaged in the commission of any unlawful act

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tending to imperil the personal security or endanger the

property of the citizens.

(3) Violating any of the ordinances of the city for the

violation of which a fine or penalty is imposed.

§ 12006. Service of process, fees and payment into treasury.

Police officers shall have authority to serve and to execute

criminal process or processes issued for the violation of city

ordinances and shall charge the same fees and costs as pertain

by law to the constables of the city for similar services, but

the fees and costs shall be paid into the city treasury monthly.

§ 12007. Supervision by mayor.

The chief of police shall obey the orders of the mayor and

make report to the mayor , which shall be presented monthly by

the mayor to council.

§ 12008. Extra compensation prohibited, exception and penalty.

No police officer shall ask, demand or receive any

compensation or reward for the police officer's services other

than compensation provided by ordinance, except rewards offered

for the arrest of persons accused of crimes committed outside of

the city in which the police officer is employed. A police

officer violating any of the provisions of this section commits

a misdemeanor of the third degree and shall, upon conviction, be

sentenced to pay a fine or imprisonment, or both, to be followed

by dismissal from office.

§ 12009. Compensation or insurance for volunteer police

officer.

Each city may make necessary appropriations to provide

compensation or insurance for volunteer police officers injured

or killed while engaged in the performance of duties as may be

assigned to them in the city.

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§ 12010. School crossing guards.

(a) Request.--Upon request of the board of school directors

of the school district in which a city is located, council may

appoint school crossing guards who shall control and direct

traffic at or near schools. They shall serve at the pleasure of

council, except as provided for in subsection (b). The

compensation of the school crossing guards, if any, shall be

fixed by council and shall be jointly paid by council and the

board of school directors, in a ratio to be determined by

council and the board of school directors. If council and the

board of school directors are unable to determine the ratio of

compensation of the school crossing guards to be paid by

council and the board, each shall pay one-half of the

compensation of the school crossing guards.

(b) Ordinance.--

(1) Council may enact an ordinance allowing a board of

school directors to assume the hiring and oversight of the

school crossing guards. Before council may enact the

ordinance, the board of directors of the school district

shall adopt a resolution requesting the authority to assume

the hiring and oversight of the school crossing guards. The

ordinance enacted by council shall outline how the city

police department will provide any necessary training and

assistance to the school crossing guards while on duty.

(2) School crossing guards shall not fall under the

bargaining unit of the school district or be classified as an

employee or under any benefits as provided under the act of

March 10, 1949 (P.L.30, No.14) , known as the Public School

Code of 1949. For the purposes of this paragraph, the term

employee shall have the same meaning given to the term

20150SB0775PN0834 - 137 -

"employe" under section 1101-A of the Public School Code of

1949.

(3) After the ordinance is enacted by council, the

school district shall assume the cost of compensation,

including fixing the compensation, if any, of the school

crossing guards. The board of school directors shall notify

council, the mayor and the police chief or commissioner of

those hired to serve as school crossing guards and request

the necessary training or assistance be provided as outlined

by the ordinance.

upon the request of the board of school directors or whether

council enacts an ordinance allowing a board of school directors

to assume the hiring and oversight of the school crossing

guards, the following shall apply to school crossing guards:

(1) Their duties and authority shall be restricted to

the management of traffic and pedestrians in and around areas

identified by the city police force and the school district

superintendent or a designee.

(2) They shall be in suitable and distinctive uniforms

while performing their duties as school crossing guards.

(3) They shall not be subject to the civil service

provisions of this chapter.

(4) They shall not be entitled to participate in any

city or school district pension or benefit plan or plans.

(5) Auxiliary police officers lawfully appointed may be

designated by council or hired by the school district, as

applicable, to serve as school crossing guards.

CHAPTER 121

FIRE BUREAU

20150SB0775PN0834 - 138 -

Sec.

12101. Organization of fire bureau, maintenance and apparatus.

12101.1. Appointment and demotion of fire chief.

12102. Paid fire bureau, election of officers and companies.

12103. Platoon system and hours of service.

12104. Fire marshal.

12105. Obstructing fire marshal.

12106. Investigation of cause of fire and power of mayor.

12107. Fire chief ex-officio fire marshal.

12108. Compensation insurance for injured volunteer

firefighters or special fire police.

12109. Salary of nonunion city fire officers.

§ 12101. Organization of fire bureau, maintenance and

apparatus.

With regard to a city fire bureau, council shall have the

authority to:

(1) establish and organize a fire bureau by ordinance;

(2) make appropriations for the maintenance of the fire

bureau;

(3) promulgate regulations for the governing of the

officers and companies belonging to the fire bureau; and

(4) purchase equipment and apparatus for the

extinguishment, prevention and investigation of fires and for

the public safety.

§ 12101.1. Appointment and demotion of fire chief.

The mayor, by and with approval and consent of council, shall

appoint the fire chief who may be demoted without cause but not

to any rank lower than the rank which the fire chief held within

th e fire bureau at the time of designation as fire chief . In the

event that no qualified employee of the fire bureau has applied

20150SB0775PN0834 - 139 -

for the appointment, the fire chief shall be appointed by the

mayor, by and with approval and consent of council, from outside

the ranks.

§ 12102. Paid fire bureau, election of officers and companies.

When a paid fire bureau is organized by any city, council,

except as provided by section 12101.1 (relating to appointment

and demotion of fire chief), may provide for the election or

appointment of the officers and companies belonging to the fire

bureau by ordinance in accordance with civil service provisions,

where applicable. The minimum annual starting salary or

compensation to be paid to officers and firefighters by any city

shall be established by council.

§ 12103. Platoon system and hours of service.

(a) General rule.--The director of the department having

charge of the fire bureau in a city may divide the officers and

members of companies of the uniformed fire force in the employ

of the city, and any other firefighters and drivers regularly

employed and paid by the city, except the chief engineer and

assistant chiefs, and those employed subject to call, into

shifts, bodies or platoons to perform service during the hours

as the director shall fix. In cases of riot, serious

conflagration, times of war, public celebrations or other

emergency, the fire chief or officer in charge at any fire shall

have the power to assign all the members of the fire force to

continuous duty or to continue any member of the fire force on

duty, if necessary.

(b) Schedule after May 19, 2014.--Except as provided in

subsection (c), no schedule shall require a member of any shift,

body or platoon to perform continuous service for a consecutive

period of 24 hours, except in cases of emergency or as otherwise

20150SB0775PN0834 - 140 -

agreed to through collective bargaining or an award pursuant to

the act of June 24, 1968 (P.L.237, No.111), referred to as the

Policemen and Firemen Collective Bargaining Act. The provisions

of this subsection shall not be deemed to alter or affect any

schedules in existence prior to May 19, 2014.

schedule in existence prior to May 19, 2014, required a work

shift of less than 24 hours, no schedule shall require a member

of any shift, body or platoon to perform continuous service for

a consecutive period of 24 hours, except in cases of emergency

or as otherwise voluntarily agreed through collective

bargaining. Once so modified, no further work schedule may

contain provisions reinstituting a restriction on duty of less

than 24 hours of continuous service.

§ 12104. Fire marshal.

(a) General rule.--A city may, by ordinance, provide for the

creation of the office of fire marshal who shall be appointed by

the mayor, by and with the approval and consent of council,

biennially.

(b) Powers.--

(1) The fire marshal and any authorized assistant shall

inspect all construction or buildings within the city or upon

property owned or controlled by the city or a municipal

authority of the city within this Commonwealth and shall

enforce all laws of the Commonwealth and ordinances of the

city relating to the construction or buildings, for the

prevention, containment or investigation of fire and fire

hazards, both as to the construction or buildings and as to

their contents or occupancies.

(2) The fire marshal or the fire marshal's assistants

20150SB0775PN0834 - 141 -

shall report to the director of public safety or to council

or other designated official, as council shall by ordinance

provide, any faulty or dangerous construction or building or

like condition in any building that may constitute a fire

hazard or any proposed use or occupation of any construction,

building or premises which would create or increase a hazard

of fire.

(3) The fire marshal shall investigate and keep a

permanent record of the cause, origin and circumstances of

every fire and the damage resulting from the fire occurring

within the fire marshal's jurisdiction immediately after the

occurrence of the fire.

(4) The records of the fire marshal shall be open to

public inspection, except as exempted in accordance with the

act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law. The fire marshal shall submit to council an

annual report consolidating the information contained in the

records as directed by council.

(5) If a fire is deemed suspicious, the fire marshal

shall have the authority to investigate the fire.

§ 12105. Obstructing fire marshal.

(a) General rule.--It shall be unlawful for any person to

obstruct or prevent or attempt to obstruct or prevent the fire

marshal in the discharge of the fire marshal's duties.

(b) Penalties.--Council may, by ordinance, establish the

types or grades of the criminal conduct and may establish fines

or imprisonment, or both, for the violations. No fine may exceed

$1,000 for any single violation and no imprisonment shall exceed

90 days.

§ 12106. Investigation of cause of fire and power of mayor.

20150SB0775PN0834 - 142 -

The mayor of any city may issue a subpoena in the name of the

Commonwealth to an individual requiring the attendance of the

individual before the mayor or the fire marshal at the time and

place as may be named in the subpoena, then and there to

testify, under oath or affirmation, which the fire marshal in

the absence of the mayor is empowered to administer, as to:

(1) the origin of any fire occurring within the bounds

of the city; and

(2) any facts or circumstances that may be deemed

important to secure the detection and conviction of any party

guilty of the offense of arson or attempted arson.

§ 12107. Fire chief ex-officio fire marshal.

The fire chief of a city shall be ex-officio fire marshal if

the office is not separately filled pursuant to ordinance in the

city and, in that case, all the powers and duties given to or

imposed upon the fire marshal under this chapter shall be

enjoyed and exercised by the fire chief.

§ 12108. Compensation insurance for injured volunteer

firefighters or special fire police.

A city may make appropriations to secure insurance or

compensation for volunteer firefighters killed or injured while

engaged in the performance of their duties or as special fire

police.

§ 12109. Salary of nonunion city fire officers.

A fire chief or head of a fire department of a city who has

been removed from bargaining units under the act of June 24,

1968 (P.L.237, No.111) , referred to as the Policemen and Firemen

Collective Bargaining Act, by rulings of the Pennsylvania Labor

Relations Board shall receive not less than the same dollar

increase, including fringe benefits but excluding overtime and

20150SB0775PN0834 - 143 -

holiday pay, as received by the highest-ranking fire officer

participating in the bargaining unit.

CHAPTER 122

SURVEYS AND SURFACE SUPPORT IN

COAL MINING AREAS

Sec.

12203. Survey of mines.

12204. Operators to furnish maps and contents.

12205. Extensions to be placed on maps.

12206. Certain surface supports not to be removed.

12207. Penalty for surface support violations.

12209. Enactment of ordinances.

§ 12203. Survey of mines.

(a) General rule.--For the purpose of conducting a survey as

may be required by council, the city engineer or other

registered professional engineer employed by the city may:

(1) enter and survey a mine or colliery within the

limits of the city, in whole or in part, at all reasonable

times, either by day or night, without impeding or

obstructing the workings of the mine or colliery; and

(2) take with them other persons necessary for the

purpose of making a survey.

(b) Duty to provide entry, survey and exit.--The owner,

operator or superintendent of the mine or colliery shall furnish

the means necessary for the entry, survey and exit.

§ 12204. Operators to furnish maps and contents.

The owner, operator or superintendent of a coal mine or

colliery within the limits of the city, in whole or in part,

shall, at the request of council, make or cause to be made and

furnished to the city engineer an accurate map or plan of the

20150SB0775PN0834 - 144 -

workings or excavations of each coal mine or colliery within the

limits of the city.

§ 12205. Extensions to be placed on maps.

(a) Duty to update.--Not less than once every three months,

a map that has been provided to a city, at the request of

council, pursuant to section 12204 (relating to operators to

furnish maps and contents) shall be updated at the direction of

the mine owner, operator or superintendent.

(b) Contents.--The updated map shall show all the extensions

made in any mine within the limits of the city, in whole or in

part, and not already so placed upon the map, except those made

within 30 days immediately preceding the time of placing the

extensions upon the map.

§ 12206. Certain surface supports not to be removed.

It shall be unlawful for an individual, partnership,

association or corporation to dig, mine, remove or carry away

the coal, rock, earth or other minerals or materials forming the

natural support of the surface beneath the streets and places of

a city to an extent and in a manner as to remove the necessary

support of the surface, without having first placed or

constructed an artificial permanent support sufficient to uphold

and preserve the stability of the surfaces of the streets and

places.

§ 12207. Penalty for surface support violations.

An individual, corporation or association violating the

provisions of this chapter concerning surface support of streets

and places within the city commits a misdemeanor and shall, upon

conviction, be sentenced to pay a fine not to exceed $1,000 or

imprisonment for a period not to exceed 90 days, or both. Each

day in which the violation continues shall constitute an

20150SB0775PN0834 - 145 -

additional and separate offense.

§ 12209. Enactment of ordinances.

Council may enact ordinances necessary for the enforcement of

the provisions of this chapter and provide penalties for the

violation.

CHAPTER 123

PUBLIC HEALTH

Subchapter

A. Board of Health

B. Public Nuisances Detrimental to Public Health

C. Corporations Acting as Boards of Health

D. Penalty

SUBCHAPTER A

BOARD OF HEALTH

Sec.

12300. Definitions.

12301. Board of health.

12302. Members of appointed boards of health.

12303. Oath of office.

12304. Duties of secretary.

12305. Health officer.

12306. Duties of health officer.

12307. Duties of board of health.

12308. Powers of board of health.

12309. Effect of rules and regulations.

12310. Fees and penalties.

12311. Proceedings of board of health to be public.

§ 12300. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

20150SB0775PN0834 - 146 -

context clearly indicates otherwise:

"Public nuisance" or "nuisance." A nuisance detrimental to

the public health, unless a different meaning is specified.

§ 12301. Board of health.

A city shall have a board of health. Council may, by

ordinance, create a board of health or council shall be the

board of health. If council is the board of health, members of

council shall receive no additional compensation for serving on

the board.

§ 12302. Members of appointed boards of health.

(a) General rule.--Council shall appoint five members to a

board of health created by ordinance. Appointed members shall

serve without compensation. Except in the case of an appointed

member who is a licensed or certified health care professional

with a principal office in the city, members of the appointed

board of health must be residents of the city.

(b) Qualifications.--

(1) Two members of the board must be licensed or

certified health care professionals, unless council cannot

identify two professionals who are willing to serve, in which

case, one member must be a licensed or certified health care

professional.

(2) If no licensed or certified health care professional

can be identified to serve on the board, council may appoint

an individual who has experience or is knowledgeable of

public health issues.

professionals pursuant to this section must be licensed or

certified by:

(1) the State Board of Medicine;

20150SB0775PN0834 - 147 -

(2) the State Board of Examiners of Nursing Home

Administrators;

(3) the State Board of Podiatry;

(4) the State Board of Veterinary Medicine;

(5) the State Board of Occupational Therapy Education

and Licensure;

(6) the State Board of Osteopathic Medicine;

(7) the State Board of Pharmacy;

(8) the State Board of Physical Therapy;

(9) the State Board of Nursing;

(10) the State Board of Social Workers, Marriage and

Family Therapists and Professional Counselors;

(11) the State Board of Chiropractic;

(12) the State Board of Dentistry;

(13) the State Board of Optometry;

(14) the State Board of Psychology; or

(15) the State Board of Examiners in Speech-Language and

Audiology.

(d) Terms.--After the creation of the board, for initial

membership, council shall, by ordinance, designate one appointee

for a term of one year, one for a term of two years, one for a

term of three years, one for a term of four years and one for a

term of five years. For subsequent membership, one member of the

board shall be appointed annually to serve for a term of five

years from the first Monday of January succeeding the member's

appointment.

(e) Removal.--Council may remove appointed members of the

board for official misconduct or neglect of duty.

(f) Vacancies.--A vacancy on an appointed board shall be

filled by council. Council shall appoint a qualified individual

20150SB0775PN0834 - 148 -

to membership on the board for the unexpired term of the

individual whose membership had been vacated.

§ 12303. Oath of office.

(a) General rule.--Each member of the board of health shall

take the oath of office prescribed in section 10905 (relating to

oath of office, violation of oath and penalty).

(b) Organization.--The board of health shall organize

annually on the first Monday of January and shall elect a

president annually from among its members.

secretary of the board of health who is not a member of the

board of health. The secretary shall receive a salary as

approved by council.

§ 12304. Duties of secretary.

The secretary of the board shall:

(1) Keep the minutes of the proceedings of the board and

accurate accounts of the expenditures of the board.

(2) Draw all requisitions for the payment of money on

account of the board of health from appropriations made by

council to the board and shall present the requisitions to

the president of the board for the president's approval.

(3) Render statements of the expenditures to the board

at each stated meeting or as frequently as the board may

require.

(4) Prepare, under the direction of the board, the

annual report to council, together with the estimate of

appropriations needed for the ensuing year.

(5) Make reports to the Department of Health as

required by law, rule or regulation of the department.

(6) Make other reports and perform other duties as

20150SB0775PN0834 - 149 -

required by law or by the board of health.

§ 12305. Health officer.

(a) Selection and oath.--

(1) Council shall, by ordinance, determine the manner

and method of selection of a health officer who shall be an

individual with experience or training in public health work

and who shall be or shall become certified for the office of

health officer by the State Department of Health within six

months of taking the oath of office.

(2) The health officer shall take the oath required of

members of the board.

(3) The health officer shall be the agent of the board

of health, but shall not serve as a member of the board of

health.

(b) Qualifications.--

(1) Council may appoint, as the principal health officer

of the city, the manager or chief administrator employed and

compensated by a nonprofit corporation which may be appointed

as a board of health in accordance with Subchapter C

(relating to corporations acting as boards of health).

(2) The manager or chief administrator, to be eligible

for appointment, must be a reputable physician with at least

five years' experience in the practice of the physician's

profession or in public health work.

(3) The principal health officer, appointed pursuant to

this subsection, shall have all the powers, authority and

duties prescribed by law upon principal health officers.

§ 12306. Duties of health officer.

(a) General rule.--The health officer shall:

(1) A ttend all regular and special meetings of the board

20150SB0775PN0834 - 150 -

of health.

(2) Be available for the prompt performance of the

health officer's official duties .

(3) Quarantine places of communicable diseases in

accordance with law and with the rules and regulations of the

Department of Health or of the city board of health.

(4) E xecute all laws, rules and regulations for the

disinfection of quarantined places.

(5) S erve written notice on teachers and persons in

charge of public, parochial, Sunday and other schools

requiring the exclusion of children from school who are

suffering from or who reside with individuals who are

suffering from communicable diseases .

(6) Make sanitary inspections subject to constitutional

standards in a similar manner as provided in section 12308

(relating to powers of board of health).

(7) Execute the orders of the board of health and all

other laws, rules, regulations and orders pertaining to the

health officer's office.

(b) Issuance of citations.--The health officer shall, to the

extent the health officer's duties allow, have the power to

issue citations for the violation of applicable laws or

ordinances.

§ 12307. Duties of board of health.

(a) General rule.--The board of health shall prevent or

diminish the introduction or further spread of infectious or

contagious diseases and otherwise to protect and increase the

public health by:

(1) regulating access to places of infection or

contagion;

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(2) isolating carriers of infection or contagion or

individuals who have been exposed to any infectious or

contagious disease;

(3) abating or removing all nuisances which the board

deems prejudicial to the public health; and

(4) enforcing vaccination laws.

(5) promulgating regulations, as it deems proper, for

the preservation or improvement of public health, consistent

with this chapter and the laws of the Commonwealth.

(b) Enforcement.--In carrying out its duties under this

chapter, the board of health shall, if authorized, enforce the

laws of the Commonwealth that are relevant to and relate to its

duties.

transmit to the Department of Health all of its reports and

publications and other information regarding public health in

the city as may be requested or required by the department.

§ 12308. Powers of board of health.

The board of health shall:

(1) If authorized by council, employ agents and

employees at rates of compensation approved by council.

(2) Enter upon any premises within the city, as a body

or by committee or by its agents or employees, which are

suspected of infectious or contagious disease or of any other

nuisance prejudicial to the public health or which pose

danger, for the purpose of examining the premises or of

preventing, confining or abating public nuisances. The

following apply:

(i) In the event that entry upon any premises is

refused by an owner, an agent of an owner or tenant, the

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board of health shall obtain an administrative search

warrant from a magisterial district judge within the

judicial district where the premises to be inspected is

located.

(ii) It shall be sufficient to support the issuance

of a warrant for the board of health to provide to the

magisterial district judge evidence of any of the

following:

(A) Reasonable standards and an administrative

plan for conducting inspections.

(B) The condition of the premises or general

area and the passage of time since the last

inspection.

alleging that probable cause exists that a law,

regulation or ordinance subject to enforcement by the

board of health has been violated.

(3) Conduct investigations and hold public hearings in

the performance of its duties and powers. In a hearing under

this paragraph, the president and secretary of the board may

administer oaths and affirmations, but shall receive no fee

for administration, and the board of health may require the

attendance of witnesses and their books and papers in

accordance with section 10917 (relating to powers of subpoena

and compelling testimony).

(4) Publish and enforce its rules and regulations as

approved by council.

(5) If approved by council, provide for or cooperate in

providing for general and gratuitous vaccination,

disinfection and other public health control programs and

20150SB0775PN0834 - 153 -

make medical relief available to benefit public health.

(6) Provide, in accordance with Subchapter B (relating

to public nuisances detrimental to public health), for the

prevention, abatement and removal of conditions found to be

detrimental to public health as public nuisances or to

declare and certify to council that the premises or places

harboring the detrimental condition are public, not private,

nuisances.

§ 12309. Effect of rules and regulations.

Rules and regulations adopted by the board of health shall be

presented to council for its approval subject to the following:

(1) Council may approve, by ordinance, the rules and

regulations submitted by the board of health.

(2) Upon approval by council, the rules and regulations

of the board of health shall have the force and effect of

ordinances of the city.

(3) The ordinance approving the rules and regulations

may incorporate them by reference.

(4) Council shall provide a place for the public to view

the rules and regulations.

(5) The ordinance approving the rules and regulations

shall prescribe the penalties, fines or imprisonment for

violations.

§ 12310. Fees and penalties.

All fees and penalties collected or received by the board of

health or a board officer acting in an official capacity shall

be paid to the city treasurer for use by the city.

§ 12311. Proceedings of board of health to be public.

The proceedings of the board of health shall be public and

its journal of proceedings shall be open to public inspection.

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SUBCHAPTER B

PUBLIC NUISANCES DETRIMENTAL TO PUBLIC HEALTH

Sec.

12320. Determination of public nuisances.

12321. Abatement of public nuisances by designated department.

§ 12320. Determination of public nuisances.

(a) General rule.--A condition or usage in a city, whether

public or private, determined by the board of health to be

detrimental to the public health shall constitute a public

nuisance.

(b) Powers.--The powers of investigation and entering upon

premises vested in the board of health and its agents and

employees pursuant to its orders shall be available for the

determination of public nuisances.

§ 12321. Abatement of public nuisances by designated

department.

(a) Duty to report.--If, in accordance with this subchapter,

the board of health determines that a public nuisance exists, it

shall report its determination, along with any request for

summary abatement, to the department designated by council in

section 127A02 (relating to report and investigation of public

nuisance).

(b) Procedure.-- The report to the designated department that

the board of health has determined that a public nuisance exists

shall be deemed a determination by the designated department

that a public nuisance exists as required by section 127A02(d)

(1). Notwithstanding any other provision of Chapter 127A

(relating to nuisance abatement), the department designated to

abate public nuisances shall proceed as follows:

(1) Summary abatement, if requested by the board of

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health, shall be pursued if the criteria set forth in section

127A02(d)(2) exists.

(2) If summary abatement is not pursued, proceed with

abatement with prior notice in accordance with Chapter 127A.

SUBCHAPTER C

CORPORATIONS ACTING AS BOARDS OF HEALTH

Sec.

12330. Board of directors of corporation to be appointed

members of board of health.

12332. Power of board.

12333. Health officer.

12334. Secretary.

12335. Filling of vacancies.

12337. No compensation for members.

12338. Applicability of subchapter.

§ 12330. Board of directors of corporation to be appointed

members of board of health.

(a) General rule.--Council may, by ordinance, appoint the

members of a board of directors of a nonprofit corporation as

the board of health for the city for a term of five years,

provided that the nonprofit corporation:

(1) Has as its principal purpose to substantially

preserve and promote the public health of the city and to

control and eliminate disease.

(2) Has sufficient means to render valuable assistance

to the city's public health affairs, in the opinion of

council and the Department of Health.

(3) Is properly organized and managed.

(4) Has not fewer than five and not more than nine

members on the board of directors.

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(5) Has at least two reputable physicians on the board,

each of whom has not less than five years' experience in the

practice of the physician's profession.

(b) Vacancies.--When the office of any member of the board

of directors is terminated, pursuant to the nonprofit

corporation's charter or bylaws, the office of the member of the

board of health shall also terminate with the resulting vacancy

to be filled under subsection (c).

(1) If the number of the board of directors of the

nonprofit corporation increases, subject to the limitation of

a maximum of nine members, council may appoint any individual

added to the corporation's board of directors as an

additional member of the board of health for a term equal to

the unexpired term of the other members.

(2) An additional appointment under this subsection shall

be subject to any subsequent termination resulting from a

limitation in the corporation's charter and bylaws.

§ 12332. Power of board.

The board of health under this subchapter shall have all the

power and authority and perform the duties prescribed by law

upon boards of health of cities.

§ 12333. Health officer.

Pursuant to section 12305(b) (relating to health officer),

council may appoint the manager or chief administrator of a

nonprofit corporation as the principal health officer of the

city.

§ 12334. Secretary.

The secretary of the board of directors of the nonprofit

corporation under this subchapter may serve as secretary of the

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board of health.

§ 12335. Filling of vacancies.

(a) General rule.--Council may appoint successors for

vacancies on the board of health that occur:

(1) As five-year terms of board members expire. The

successors shall serve for five-year terms.

(2) For any other reason, but a successor appointment

shall be for the unexpired portion of the five-year term.

(b) Selection.--Successors, whether appointed for a five-

year term or the unexpired portion of a five-year term, shall be

selected from the members of the nonprofit corporation's board

of directors.

§ 12337. No compensation for members.

The members of the board of health under this subchapter

shall serve without compensation from the city.

§ 12338. Applicability of subchapter.

This subchapter shall be effective only under the

circumstances set forth in section 12330 (relating to board of

directors of corporation to be appointed members of board of

health).

SUBCHAPTER D

PENALTY

Sec.

12340. Penalty.

§ 12340. Penalty.

Any person who:

(1) violates any provision of this chapter or any order

or regulation of the board of health made under the authority

of this chapter;

(2) violates any law, regulation or ordinance referred

20150SB0775PN0834 - 158 -

to or authorized by this chapter;

(3) obstructs or interferes with any person in the

execution of any order or regulation of the board; or

(4) willfully and illegally refuses to obey any order or

regulation of the board;

commits a summary offense punishable in accordance with sections

11018.16 (relating to enforcement of ordinances, recovery and

payment of fines and penalties) and 11018.17 (relating to

penalty).

CHAPTER 124

CORPORATE POWERS

Sec.

12402. Powers of cities.

12402.1. City property and affairs.

12403. Payment of debts and expenses.

12404. Creation of reserve funds.

12405. Hiring of employees and salaries.

12406. Creation of necessary offices or boards.

12407. Lockups.

12408. Market places.

12409. Accumulation of ashes, garbage, solid waste and refuse

materials.

12410. Regulation of pets and feral animals.

12411. Inspection and regulation of fireplaces and chimneys and

smoke regulations.

12412. Fireworks and inflammable articles.

12413. Regulation of division fences, party walls and

foundations.

12414. Nuisances.

12415. Regulation of encroachments.

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12416. Shade trees.

12417. Numbering of buildings.

12418. Transportation stands.

12419. Police force.

12420. Police regulations.

12421. Rewards.

12422. Prevent riots.

12423. Regulate discharge of guns and deadly weapons.

12424. Racing and dangerous practices.

12425. Bathing, recreational swimming establishments and boat

houses and bath houses.

12426. Musical entertainment.

12427. Aid to historical societies.

12428. Establishment of institutions to collect educational

collections.

12429. Ambulances and rescue and lifesaving services.

12430. Insurance.

12431. Parking lots.

12432. Disorderly conduct.

12433. Official expenses on city business.

12434. Municipal authorities and cooperation with other

political subdivisions.

12435. Local self-government.

12436. Historical property.

12437. Appropriations for handling, storage and distribution of

surplus foods.

12438. Junk dealers and junk yards.

12439. Appropriations for industrial development.

12440. Nondebt revenue bonds.

12441. Appropriations for urban common carrier mass

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transportation.

12442. Appropriation for nonprofit art corporation.

12443. Ratification and validation of real estate sales.

12444. Validation and maintenance of certain records.

12445. Rights within streets and rights-of-way.

12446. Emergency services.

12447. Charitable purposes.

12448. Observances, celebrations and recognition.

§ 12402. Powers of cities.

(a) General rule.--A city is declared to be a body corporate

and politic, shall have perpetual succession and may:

(1) Sue and be sued.

(2) Have and use a corporate seal and alter the seal.

The seal shall have upon it the word "Pennsylvania," the name

of the city and the year of its original incorporation.

(3) Display the flag of the United States, the

Commonwealth or of any county, city, borough or other

municipality in this Commonwealth on the public buildings of

the city.

(4) Appropriate money and accept gifts or grants of

money, other property or services from public or private

sources for the exercise of powers expressed or implied in

this chapter or any other applicable law.

(b) Exercise of powers.--The powers granted in this chapter

shall be exercised in the manner provided in this chapter.

§ 12402.1. City property and affairs.

(a) General rule.--In exercising its discretion to make

decisions that further the public interest under terms it deems

most beneficial to the city, council may, subject to any

restrictions, limitations or exceptions stated in this chapter:

20150SB0775PN0834 - 161 -

(1) Purchase, hold, use and manage real and personal

property.

(2) Exchange personal property.

(3) Lease, sell and convey real and personal property

owned by the city.

(4) Make contracts and do all other acts respecting city

property and affairs as council may deem conducive to the

public interest and necessary to the exercise of the city's

corporate and administrative powers.

(b) Sales of real estate.--

(1) No real estate owned by the city may be sold except

upon approval of council by resolution and no real estate

owned by the city may be sold for a consideration in excess

of $1,500, except to the highest bidder after due notice by

advertisement for bids or advertisement of a public auction

in one newspaper of general circulation in the city.

(2) The advertisement shall be published once not less

than 10 days prior to the date fixed for the opening of bids

or public auction and the date for opening bids or public

auction shall be announced in the advertisement.

(3) The award of contracts shall be made only by public

announcement at a regular or special meeting of council or at

the public auction.

(4) All bids shall be accepted on the condition that

payment of the purchase price in full shall be made within 60

days of the acceptance of bids.

(5) Council may reject all bids which it deems to be

less than the fair market value of the real property.

(6) In the case of a public auction, council may

establish a minimum bid based on the fair market value of the

20150SB0775PN0834 - 162 -

real property.

(7) If no compliant bids are received after

advertisement, the applicable procedures in the act of

October 27, 1979 (P.L.241, No.78), entitled "An act

authorizing political subdivisions, municipality authorities

and transportation authorities to enter into contracts for

the purchase of goods and the sale of real and personal

property where no bids are received," shall be followed.

(8) Real estate owned by a city may be sold at a

consideration of $1,500 or less without advertisement or

competitive bidding only after council estimates the value of

the real estate upon receipt of an appraisal by a qualified

real estate appraiser.

(9) (i) This section shall not apply if council

exercises its authority to exchange real property of the

city for real property of equal or greater value,

provided that the property being acquired by the city is

to be used for municipal purposes.

(ii) If council chooses to exercise its power of

real property exchange pursuant to this section, it shall

be by resolution adopted by council.

(iii) Notice of the resolution, including a

description of the properties to be exchanged, shall be

published once in one newspaper of general circulation

not more than 60 days nor fewer than seven days prior to

adoption.

(1) No personal property of the city shall be disposed

of, by sale or otherwise, except upon approval of council by

resolution.

20150SB0775PN0834 - 163 -

(2) Council shall estimate the sale value of the entire

lot to be disposed of.

(3) If council estimates the sale value to be less than

$1,000, council may sell the property, in whole or in part,

for the best price or prices obtainable.

(4) If council estimates the sale value to be $1,000 or

more, the entire lot shall be advertised for sale in at least

one newspaper of general circulation in accordance with the

provisions of section 10109 (relating to publication of

notices) and sale of the property advertised shall be made to

the best responsible bidder.

(5) The bids shall not be opened until at least 10 days

after the newspaper advertisement is published.

(6) The provisions of this subsection shall not be

mandatory where personal property of the city is to be traded

in or exchanged for other personal property.

(7) Council may sell any personal property of the city

at auction pursuant to subsection (d), but shall observe the

same notice requirements as contained in this subsection.

(d) Online or electronic auction of personal property.--In

regards to the sale of personal property of the city, an auction

may be conducted by means of an online or electronic auction

sale subject to the following:

(1) Bids shall be accepted electronically at the time

and in the manner designated in the advertisement pursuant to

the notice requirements in subsection (c).

(2) Each bidder shall have the capability to view the

bidder's bid rank or the high bid price.

(3) Bidders may increase their bid prices during the

electronic auction.

20150SB0775PN0834 - 164 -

(4) The record of the electronic auction shall be

available for public inspection.

(5) The purchase price shall be paid by the high bidder

immediately or at a reasonable time after the conclusion of

the electronic auction, as determined by council.

(6) In the event that shipping costs are incurred, they

shall be paid by the high bidder.

(7) A city that has complied with the advertising

requirements of subsection (c) may provide additional public

notice of the sale by bid or auction in any manner deemed

appropriate by council.

(8) The newspaper advertisement for electronic auction

sales authorized in this section shall include the Internet

address or means of accessing the electronic auction and the

date, time and duration of the electronic auction.

(e) Nonapplicability.--Any requirement for advertising for

bids and sale to the highest bidder imposed by this part or by a

city pursuant to this section shall not apply where real or

personal property of the city is sold to the following, provided

that when any real property is no longer used for the purpose of

the conveyance, the real property shall revert to the city:

(1) The Federal Government, the Commonwealth, a

municipality, home rule municipality, institution district or

school district.

(2) A volunteer fire company, volunteer ambulance

service or volunteer rescue squad located within the city or

providing emergency services in the city.

(3) A municipal authority, a housing authority created

pursuant to the act of May 28, 1937 (P.L.955, No.265), known

as the Housing Authorities Law, an urban redevelopment

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authority created pursuant to the act of May 24, 1945

(P.L.991, No.385), known as the Urban Redevelopment Law, a

parking authority created under 53 Pa.C.S. Ch. 55 (relating

to parking authorities) or under the former act of June 5,

1947 (P.L.458, No.208), known as the Parking Authority Law,

or a port authority created pursuant to the act of December

6, 1972 (P.L.1392, No.298), known as the Third Class City

Port Authority Act.

(4) A nonprofit corporation engaged in community

industrial development.

(5) A nonprofit corporation organized as a public

library.

(6) A nonprofit medical service corporation.

(7) A nonprofit housing corporation.

(8) A nonprofit museum or historical organization.

(f) Nominal consideration acceptable.--When real or personal

property is sold pursuant to subsection (e)(5), (6) or (7), the

city may accept nominal consideration as it shall deem

appropriate.

§ 12403. Payment of debts and expenses.

Council may provide for the payment of the debts and expenses

of the city and appropriate money for the payment.

§ 12404. Creation of reserve funds.

(a) Capital reserve fund.--

(1) Council may create and maintain a separate capital

reserve fund for any anticipated capital expenses, which

shall be designated for a specific purpose or purposes when

created. The money in the fund shall be used for no other

purpose unless council declares that conditions in the city

make other expenses more urgent than those for which the fund

20150SB0775PN0834 - 166 -

was created.

(2) Council may appropriate money from the general city

fund to be paid into the capital reserve fund or place in the

fund any money received from the sale, lease or other

disposition of any property of the city or from any other

source.

(b) Operating reserve fund.--With regard to an operating

reserve fund, the following shall apply:

(1) Council shall have the power to create and maintain

a separate operating reserve fund in order to:

(i) minimize future revenue shortfalls and deficits;

(ii) provide greater continuity and predictability

in the funding of vital government services;

(iii) minimize the need to increase taxes to balance

the budget in times of fiscal distress; and

(iv) provide the capacity to undertake long-range

financial planning and to develop fiscal resources to

meet long-term needs.

(2) Council may annually make appropriations from the

general city fund to the operating reserve fund, but no

appropriation shall be made to the operating reserve fund if

the effect of the appropriation would cause the fund to

exceed 25% of the estimated revenues of the city's general

fund in the current fiscal year.

(3) Council may, at any time by resolution, make

appropriations from the operating reserve fund for the

following purposes only:

(i) to address emergencies involving the health,

safety or welfare of the residents of the city;

(ii) to counterbalance potential budget deficits

20150SB0775PN0834 - 167 -

resulting from shortfalls in anticipated revenues or

program receipts from any source;

(iii) to counterbalance potential budget deficits

resulting from increases in anticipated costs for goods

or services; or

(iv) to provide for anticipated operating

expenditures related either to the planned growth of

existing projects or programs or to the establishment of

new projects or programs if, for each project or program,

appropriations have been made and allocated to a separate

restricted account established within the operating

reserve fund.

fund shall be invested, reinvested and administered in a manner

consistent with the provisions of this part relating to the

investment of city funds generally.

§ 12405. Hiring of employees and salaries.

Council may provide for and regulate the manner of hiring and

discharging employees and the fixing of their salaries or

compensation, consistent with applicable Federal and State law.

§ 12406. Creation of necessary offices or boards.

In addition to the city departments established in accordance

with Chapter 111 (relating to the executive department), council

may create any city office, public board, bureau or commission,

which it may deem necessary for the good of government and

interests of the city, and, with regard to an office or

membership on a board, bureau or commission, unless otherwise

provided by this part, council may make appointments and

regulate and prescribe the terms, duties and compensation.

§ 12407. Lockups.

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(a) General rule.--Council may provide for lockup facilities

as deemed necessary for the detention and confinement of

individuals.

(b) Restriction.--No city shall erect or construct a city

jail or lockup or use any existing building or lockup for the

first time that will be or is located within 500 feet of a

public school building.

§ 12408. Market places.

Council may:

(1) Purchase, lease and own ground for market places.

(2) Erect, maintain and establish market places.

(3) Provide for and enforce suitable general market

regulations.

(4) Contract with any person for the erection and

regulation of market places on terms and conditions and in

the manner as council may prescribe.

(5) Levy and collect a license fee from every person who

may be authorized by council to occupy any portion of the

streets, sidewalks or city property for temporary market

purposes.

§ 12409. Accumulation of ashes, garbage, solid waste and refuse

materials.

(a) General rule.--Council in the manner authorized by the

act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste

Management Act, and the act of July 28, 1988 (P.L.556, No.101),

known as the Municipal Waste Planning, Recycling and Waste

Reduction Act, may prohibit accumulations of ashes, garbage,

solid waste and other refuse materials upon private property,

including the imposition and collection of reasonable fees and

charges for the collection, removal and disposal.

20150SB0775PN0834 - 169 -

(b) Collection and removal.--

(1) Council may collect and remove, by contract or

otherwise, ashes, garbage, solid waste and other refuse

materials and recyclables and prescribe penalties for the

enforcement.

(2) A contract with refuse haulers may be made for an

initial period not to exceed five years with optional renewal

periods of up to five years.

(3) The limitation in paragraph (2) does not apply to a

contract with a county or municipal corporation.

(1) Council may dispose of, by contract or otherwise,

ashes, garbage, solid waste or other refuse materials.

(2) A contract with the owner of a private facility for

the disposal or incineration of ashes, garbage, solid waste

or other refuse materials may be made for a period not to

exceed 20 years.

(3) The limitation in paragraph (2) does not apply to a

contract with a county or municipal corporation.

(d) Acquisition of real property and facilities.--

(1) Council may acquire any real property and erect,

maintain, improve, operate and lease, either as lessor or

lessee, facilities for incineration, landfill or other

methods of disposal, either inside or outside the limits of

the city, including equipment, either separately or jointly,

with a county or municipal corporation in order to provide

for the collection, removal, disposal and destruction of

ashes, garbage, solid waste or other refuse materials, for

the collection and storage of recyclable materials or for the

composting of leaf and yard waste.

20150SB0775PN0834 - 170 -

(2) Council may provide for the payment of the cost out

of the funds of the city.

(3) Council may acquire land for landfill purposes,

either amicably or by exercising the power of eminent domain,

and may maintain lands and places for the dumping of ashes,

garbage, solid waste or other refuse materials.

(4) If council acquires land outside the limits of the

city by exercising the power of eminent domain, the taking

shall be subject to the limitations in 26 Pa.C.S. § 206

(relating to extraterritorial takings).

(e) Rates and charges.--

(1) Council may establish, alter, charge and collect

rates and other charges for:

(i) the collection, removal and disposal of ashes,

garbage, solid waste, other refuse materials and

recyclable materials; and

(ii) the cost of including the payment of any

indebtedness incurred for the construction, purchase,

improvement, repair, maintenance and operation of any

facilities for collection, removal and disposal; and

(iii) the amount due under a contract with a county

or municipal corporation furnishing the services or

facilities.

(2) The rates and other charges shall be collected

pursuant to the Municipal Claim and Tax Lien Law or by a

civil action.

(f) Appropriations.--Council may make appropriations to a

county or municipal corporation for the construction, purchase,

improvement, repair, maintenance and operation of a facility for

the collection, removal, disposal or marketing of ashes,

20150SB0775PN0834 - 171 -

garbage, solid waste, other refuse materials, recyclable

materials or composted leaf and yard waste.

(g) Exclusion from other laws.--A city shall not be subject

to requirements otherwise imposed by law for the sale of

personal property owned by the city when selling recyclable

materials or materials separated, collected, recovered or

created by recycling, as provided in the act of April 9, 1992

(P.L.70, No.21), entitled "An act excluding the sale of

recyclable material from political subdivision personal property

sale restrictions relating to advertising and bidding."

§ 12410. Regulation of pets and feral animals.

Council may, by ordinance, prohibit and regulate the running

at large of dogs, cats, other pets and feral animals.

§ 12411. Inspection and regulation of fireplaces and chimneys

and smoke regulations.

In conformity with Federal and State laws and regulations,

council may regulate and inspect fireplaces, chimneys and other

sources of smoke and fly-ash to control the production and

emission of unnecessary smoke and fly-ash.

§ 12412. Fireworks and inflammable articles.

In conformity with Federal and State laws and regulations,

council may:

(1) Regulate and prohibit the manufacture of fireworks

or inflammable or dangerous articles.

(2) Grant permits for supervised public displays of

fireworks and adopt rules and regulations governing the

displays.

(3) Adopt rules and regulations not inconsistent with

State regulations relating to the storage of inflammable

articles.

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(4) Impose other safeguards concerning inflammable

articles as may be necessary.

§ 12413. Regulation of division fences, party walls and

foundations.

(a) Authority.--

(1) Subject to the provisions of and regulations adopted

pursuant to the Pennsylvania Construction Code Act and other

applicable law, council may provide regulations for party

walls and division fences, the foundations of buildings and

entering upon the land or lands, lot or lots, of any person

within the city at all reasonable hours by its duly appointed

city engineer or building inspectors in order to enforce the

regulations and set out foundations.

(2) Council may prescribe reasonable fees for the service

of city officers in the inspection and regulation of party

walls, division fences and foundations and may enforce the

payment of the fees.

(3) Council may provide fines or penalties for

violations of an ordinance enacted pursuant to this section.

(b) Specifications.--

(1) In setting out foundations and regulating party

walls as to breadth and thickness, the city shall require the

foundations to be laid equally upon the lands of the persons

between whom the party wall is to be made.

(2) The cost of the foundation and party wall shall be

divided proportionately among the property owners sharing the

wall. The property owners shall either share the expense when

the foundation is laid and the party wall is erected or when

the subsequent building is erected if all buildings are not

erected at the same time.

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§ 12414. Nuisances.

Council may prohibit and abate public nuisances in accordance

with Subchapter B of Chapter 123 (relating to public nuisances

detrimental to public health).

§ 12415. Regulation of encroachments.

In compliance with applicable State laws and city ordinances,

council may provide for the regulation of all encroachments in,

under or upon sidewalks or other portions of streets in the

city.

§ 12416. Shade trees.

(a) Power to regulate.--

(1) Council may, by ordinance, regulate the manner and

method, if any, for the planting, trimming, removing,

maintaining and protection of shade trees in, on and along or

extending over the public streets, sidewalks and rights-of-

way of the city and provide for penalties for violations.

(2) The cost of the activities under paragraph (1) may,

at council's discretion, be assessed against the owners of

the properties abutting the street, sidewalk or right-of-way

upon which any tree is located pursuant to Chapter 145A

(relating to assessments for public improvements), except

that the cost and expense of caring for trees after they have

been planted shall be paid by the city.

(b) Shade tree commission.--

(1) Council may, by ordinance, provide for the creation

of a shade tree commission, its composition, powers and

duties and delegate council's authority for regulating shade

trees to the commission.

(2) In lieu of an ordinance under paragraph (1), council

may delegate its regulatory powers for shade trees to an

20150SB0775PN0834 - 174 -

existing department.

(3) If a shade tree commission is established, its

meeting shall be subject to the provisions of 65 Pa.C.S. Ch.

7 (relating to open meetings).

§ 12417. Numbering of buildings.

Council may require and regulate the numbering of buildings

and lots.

§ 12418. Transportation stands.

Council may establish stands for taxis, buses, automobiles

and other vehicles for hire and enforce the observance and use

of the stands.

§ 12419. Police force.

(a) General rule.--Council may establish and maintain a

police force and define the duties of the force in accordance

with Chapter 120 (relating to police force).

(b) Method of providing police services.--Subject to the

requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation), council may provide for police

services as follows:

(1) by municipal police officers under a contract;

(2) through the purchase of the police services; or

(3) by joining or developing a consolidated regional

police service.

§ 12420. Police regulations.

Council may establish and enforce suitable police regulations

for the protection of individuals and property.

§ 12421. Rewards.

Council may offer rewards for the arrest and conviction of

individuals guilty of capital or other crimes within the city.

§ 12422. Prevent riots.

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Council may prevent and restrain riots, noises, disturbances

or disorderly assemblies in any street, house or place in the

city.

§ 12423. Regulate discharge of guns and deadly weapons.

To the extent permitted by Federal and other State law,

council may regulate, prohibit and prevent the discharge of guns

and prevent the carrying of concealed deadly weapons.

§ 12424. Racing and dangerous practices.

With regard to streets and public places in the city, council

may regulate or prohibit racing or fast driving of vehicles and

all games, practices or amusements likely to result in danger or

damage to any individual or property.

§ 12425. Bathing, recreational swimming establishments and boat

houses and bath houses.

To the extent permitted by the act of June 23, 1931 (P.L.899,

No.299), known as the Public Bathing Law, council may regulate

the time and place of bathing in rivers and other public water

in and adjoining the city and may construct, maintain and manage

municipal boat houses, bath houses and recreational swimming

establishments.

§ 12426. Musical entertainment.

Council may appropriate money to defray the expenses of

musical entertainment held under the auspices of the city and

for the purpose of having music in any public park or place.

§ 12427. Aid to historical societies.

Council may make annual appropriations for the support and

maintenance of the principal historical society located in the

city, which shall be incorporated under the laws of the

Commonwealth, and shall maintain permanent quarters for the

society and keep them open to the public.

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§ 12428. Establishment of institutions to collect educational

collections.

(a) General rule.--Council may establish institutions

authorized to collect and hold certain scientific, educational

and economic collections, the object of each being the

instruction of the public concerning commerce, manufacturing,

mining and agriculture.

(b) Powers.--The institutions may purchase or accept, by

gift, any real estate, money or personal property necessary for

use and promotion. The institutions may use, convey or transfer

the property as if they were bodies corporate and shall be

governed by boards of trustees, nominated, appointed and

confirmed in the manner council may determine.

§ 12429. Ambulances and rescue and lifesaving services.

Council may:

(1) Acquire, operate and maintain motor vehicles for the

purposes of transporting sick and injured individuals to and

from hospitals.

(2) Appropriate money toward ambulances and rescue and

lifesaving services.

(3) Make contracts relating to rescue and lifesaving

services.

§ 12430. Insurance.

(a) Contracts authorized.--Council, in its discretion or as

required by law or a collective bargaining agreement, may make

contracts of insurance and contracts for annuities or pensions,

including the following:

(1) Contracts of insurance with any mutual or other fire

insurance company, association or exchange, duly authorized

by law to transact insurance business in this Commonwealth,

20150SB0775PN0834 - 177 -

on any building or property owned by the city and contracts

to insure against burgla ry or theft of city property, fire,

other disaster and public liability.

(2) Contracts of insur ance with any insurance company,

nonprofit hospitalization corporation or nonprofit medical

service corporation authorized to transact insurance business

within this Commonwealth, insuring elected or appointed

officers, officials and employees of the city, or their

dependents, under a policy or policies of group insurance

covering life, health, hospitalization, medical service or

accident insurance.

(3) Contracts to purchase annuities or pensions for

elected or appointed officers, officials and employees.

(b) Payment of premium and charges.--In the case of a

contract for the benefit of elected or appointed officers,

officials and employees of the city, or their dependents, the

city may, as determined by council or as required by law or a

collective bargaining agreement, pay part or all of the premiums

or charges for the contract.

§ 12431. Parking lots.

Council may acquire, by lease, purchase or condemnation

proceedings, land that in its judgment may be necessary and

desirable for the purpose of establishing and maintaining lots

for the sole purpose of parking motor vehicles. Council may

regulate the use of the land, including the posting of signs,

and may establish or designate areas exclusively reserved for

parking by individuals with disabilities. Regulation of parking

lots shall be consistent with 75 Pa.C.S. (relating to vehicles)

and the act of October 27, 1955 (P.L.744, No.222), known as the

Pennsylvania Human Relations Act.

20150SB0775PN0834 - 178 -

§ 12432. Disorderly conduct.

Council may, by ordinance, prohibit disorderly conduct within

the limits of the city and provide for the imposition of

penalties in accordance with this part. If an ordinance is

enacted, it shall define disorderly conduct in a manner

substantially similar to the provisions of 18 Pa.C.S. § 5503

(relating to disorderly conduct).

§ 12433. Official expenses on city business.

Council may make appropriations for the reasonable expenses

of city officials incurred in the conduct of city business.

§ 12434. Municipal authorities and cooperation with other

political subdivisions.

(a) Municipal authorities.--Council may, by ordinance,

individually or in cooperation with other municipalities or

school districts, form municipal authorities as authorized under

53 Pa.C.S. Ch. 56 (relating to municipal authorities).

(b) Cooperative agreements.--Council may, b y ordinance, make

cooperative agreements with regard to the performance of a

city's powers, duties and functions in accordance with the

provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation).

§ 12435. Local self-government.

Council shall have the power to enact, make, adopt, modify,

repeal and enforce, in accordance with this part, ordinances,

resolutions, rules and regulations not inconsistent with or

restrained by the Constitution of Pennsylvania and laws of the

Commonwealth that are either of the following:

(1) Expedient or necessary for the proper management,

care and control of the city and its finances and the

maintenance of the peace, good government, safety and welfare

20150SB0775PN0834 - 179 -

of the city and its trade, commerce and manufactures.

(2) Necessary to the exercise of the powers and

authority of local self-government in municipal affairs.

§ 12436. Historical property.

Council may acquire, by purchase or gift, repair, supervise,

operate and maintain landmarks and other historical properties

that are either eligible for listing or listed in the National

Historical and Museum Commission as having historical

significance.

§ 12437. Appropriations for handling, storage and distribution

of surplus foods.

(a) Appropriations.--Council may appropriate from city funds

money for the handling, storage and distribution of surplus

foods obtained through a Federal, State or local agency.

(b) Validity of previous appropriations.--All appropriations

of money previously made by council for the handling, storage

and distribution of surplus foods obtained, through a Federal,

State or local agency, are validated.

§ 12438. Junk dealers and junk yards.

Council may regulate and license junk dealers and the

establishment and maintenance of junk yards and scrap yards,

including automobile junk or grave yards.

§ 12439. Appropriations for industrial development.

Council may make appropriations to an industrial development

organization as defined in section 2301 of the act of June 29,

1996 (P.L.434, No.67), known as the Job Enhancement Act, when

the city is located within the area for which the industrial

development organization has been authorized to make application

to and receive grants from the Department of Community and

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Economic Development for the purposes specified in Chapter 23 of

the Job Enhancement Act.

§ 12440. Nondebt revenue bonds.

Consistent with and without limitation of any power conferred

or duty imposed by 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing), council may issue nondebt revenue

bonds pursuant to the provisions of 53 Pa.C.S. Pt. VII Subpt. B.

§ 12441. Appropriations for urban common carrier mass

transportation.

Council may make appropriations for urban common carrier mass

transportation from current revenues and make annual

contributions to county departments of transportation or to

urban common carrier mass transportation authorities to assist

the departments or the authorities to meet costs of operation,

maintenance, capital improvements and debt service and to enter

into long-term agreements providing for the payment of the

contributions.

§ 12442. Appropriation for nonprofit art corporation.

(a) Appropriation.--Council may appropriate money annually,

of not more than an amount equal to one mill of the real estate

tax, to any nonprofit art corporation for the conduct of its

artistic and cultural activities.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Artistic and cultural activities." Shall include the

display or production of theater, music, dance, painting,

architecture, sculpture, arts and crafts, photography, film,

graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council,

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commission or coordinating agency or any other nonprofit

corporation engaged in the production or display of works of

art, including the visual, written or performing arts.

§ 12443. Ratification and validation of real estate sales.

(a) Ratification and validation.--A deed conveying title to

real estate or interests in real estate from a city to any other

party is valid and conveys the property and interests described

in the deed in accordance with the terms of the deed if:

(1) the deed is executed and delivered pursuant to an

ordinance or resolution of council; and

(2) the deed is not contested by an action filed in the

court of common pleas of the county in which the city is

located within six years of the date the deed is recorded.

(b) Incontestability.--A deed shall not, after the time

period specified in subsection (a), be subject to attack in any

court, agency or proceeding.

§ 12444. Validation and maintenance of certain records.

(a) Validation of records.--Except as otherwise provided by

law, city records that are required to be recorded or copied

shall be deemed valid if recorded or transcribed by any digital,

photostatic, photographic, microphotographic, microfilm,

microcard, miniature photographic, optical, electronic or other

process that accurately reproduces the original and forms a

durable medium for recording, storing and reproducing the

original in accordance with standards, policies and procedures

for the creation, maintenance, transmission or reproduction of

images of records approved by the county or local government

records committees, as applicable, and as otherwise provided by

law. Where recording in a specific book is required, except for

minutes or the proceedings of council, the records may be

20150SB0775PN0834 - 182 -

recorded, transcribed or otherwise assembled in an appropriate

book, disk or other medium approved by resolution of council,

and all records recorded and assembled in any manner are

validated.

(b) Maintenance of records.--A city shall not be required to

retain original or paper copies of documents after the documents

are archived by any of the methods provided for in subsection

(a) or as otherwise provided by law.

§ 12445. Rights within streets and rights-of-way.

(a) Rights within streets.--Council may consent to a person

using city streets and other properties, whether the use is

within, on or over the streets or public property in question,

for transportation purposes or for the purpose of installing and

maintaining pipes, wires, fibers, cables or any other utility or

service medium. Council may define a reasonable district within

which all electric or telephone wires, cables or any other

utility or service medium are to be placed underground.

(b) Compliance with other law.--The power granted to a city

in subsection (a) shall be exercised in compliance with Federal

and State law and shall be subject to the power of the

Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I

(relating to public utility code) to regulate the business,

facilities and service of public utilities, including

determining the location and installation of utility facilities.

any property owner whose land has been acquired by the city for

use as a right-of-way for purposes of this section. Just

compensation shall be determined pursuant to 26 Pa.C.S.

(relating to eminent domain).

§ 12446. Emergency services.

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(a) Provision of emergency services.--A city shall be

responsible for ensuring that fire and emergency medical

services are provided within the city by the means and to the

extent determined by the city, including the appropriate

financial and administrative assistance for these services.

(b) Consultation with providers.--The city shall consult

with fire and emergency medical services providers to discuss

the emergency service needs of the city.

emergency services providers receiving city money to provide an

annual itemized listing of all expenditures of city money before

the city may consider budgeting additional funding to the

provider.

§ 12447. Charitable purposes.

(a) Creation of city bureau or agency.--Council may, by

ordinance, create a city bureau or agency to receive, in trust,

all property bestowed upon the bureau or agency for charitable

purposes. Council may control the property for the purposes of

the trust.

(b) Appropriations.--Council may make appropriations to the

agency or bureau for charitable purposes, except as limited by

the Constitution of Pennsylvania and laws of the Commonwealth.

"charitable purposes" shall mean the relief of poverty, the

advancement of education, the promotion of health, governmental

or municipal purposes and other purposes which benefit the

community.

§ 12448. Observances, celebrations and recognition.

(a) Appropriation.--Council may appropriate funds for any of

the following:

20150SB0775PN0834 - 184 -

(1) The observance of a holiday, centennial or other

anniversary, for a city celebration or for a civic project or

program.

(2) Flowers, a plaque or other token of tangible

personal property other than cash, gift certificates or

equivalent items, in an amount not to exceed $100,

recognizing the service or passing of a city official,

employee or volunteer.

(b) Value.--The value of tangible personal property received

by a public official, employee or volunteer as provided under

subsection (a)(2) shall be considered of de minimis economic

impact, as defined in 65 Pa.C.S. § 1102 (relating to

definitions), and shall not be subject to reporting under 65

Pa.C.S. § 1105 (relating to statement of financial interests).

CHAPTER 125

TAXATION

Subchapter

A. Assessments of Property for Taxation

B. Levy and Collection

C. Sales of Real Estate for Delinquent Taxes

SUBCHAPTER A

ASSESSMENTS OF PROPERTY FOR TAXATION

Sec.

12522. Assessment powers.

§ 12522. Assessment powers.

(a) Power to appoint assessors.--With regard to the valuing

and assessing of property for taxation within a city, the

following shall apply:

(1) I f, on May 19, 2014, a city is utilizing the county

assessment office for the valuation and assessment of

20150SB0775PN0834 - 185 -

property, the city shall continue to utilize the county

assessment office for this purpose.

(2) If paragraph (1) does not apply, council may appoint

and employ persons to value and assess property for taxation

within a city, following the procedures and methodologies set

forth in the assessment law applicable in the county in which

the city is located, provided that the act of April 16, 1992

(P.L.155, No.28), known as the Assessors Certification Act,

shall apply to persons hired pursuant to this paragraph.

(3) If paragraph (2) applies, a city may subsequently

elect to utilize the county assessment office to value and

assess property.

(4) The following shall apply with respect to the

established predetermined ratio:

(i) A city, conducting its own assessments as

authorized by paragraph (2), or utilizing the county

assessment office pursuant to paragraph (1) or (3), may,

by ordinance, adopt an established predetermined ratio

different from that used by the county. The city shall

apply the ratio selected to the actual valuation supplied

by the county to determine assessed value for tax

purposes. The established predetermined ratio selected by

the city may not exceed 100% of actual value.

(ii) As used in this paragraph, the term

"established predetermined ratio" shall mean the ratio of

assessed value to market value established by council and

uniformly applied in determining assessed value in any

year.

(5) A city that is utilizing the county assessment

office in accordance with paragraph (1) or that elects to

20150SB0775PN0834 - 186 -

utilize the county assessment office in accordance with

paragraph (3) may not appoint and employ persons to value and

assess property in accordance with paragraph (2).

(b) City-appointed assessors.--In any case in which a city

appoints persons to value and assess property, the following

shall apply:

(1) If the property being assessed is not wholly within

the city limits, it shall be assessed in the same manner and

within the same jurisdiction as if the property were being

assessed for county purposes.

(2) If a city has established a registry of real estate

for purposes of assessment, a city may obtain, from the

official in charge of the registry, available information as

to the registered owners of real estate, under rules and

regulations as may be established by ordinance. It shall be a

sufficient description of any real estate in any assessment

books or duplicates to designate the real estate by the city

lot number, other number or designation, as is used on the

registry.

(3) For purposes of assessment appeals, council shall

constitute the board of revision of taxes and appeals and the

city clerk shall serve as clerk of the board.

(4) Except as authorized in this section, the city shall

not exercise powers contrary to or in limitation or expansion

of powers granted by statutes that provide the substantive

rules governing the making of assessments and valuations of

property that are applicable to the assessment of property

for taxation purposes under the county assessment law

applicable in the county in which the city is located.

(5) A city conducting its own assessments pursuant to

20150SB0775PN0834 - 187 -

subsection (a)(2) shall establish and follow procedures that

are consistent with similar procedures provided in the

assessment law or laws applicable in the county in which the

city is located, including providing notice of an opportunity

to appeal assessments, for taking appeals to and from the

board of revision of taxes and appeals and for the conduct of

proceedings before the board.

temporary tax exemption for residential construction shall be

subject to the following:

(1) New single and multiple dwellings constructed for

residential purposes and improvements to existing unoccupied

dwellings or improvements to existing structures for purposes

of conversion to dwellings shall not be valued or assessed

for purposes of real property taxes until:

(i) occupied;

(ii) conveyed to a bona fide purchaser; or

(iii) one year from the first day of the month in

which falls the 60th day after the building permit was

issued or, if no building permit or other notification of

improvement was required, then from the date construction

commenced.

(2) The assessment of any multiple dwelling because of

occupancy shall be upon the proportion which the value of the

occupied portion bears to the value of the entire multiple

dwelling.

(3) As used in this subsection, the term "dwelling"

means a building or portion of a building intended for

permanent use as a home or residence.

SUBCHAPTER B

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LEVY AND COLLECTION

Sec.

12531. Tax levies.

12531.1. Exemptions from taxation.

12531.2. Certification of schedule.

§ 12531. Tax levies.

(a) Property tax.--Council may, by ordinance, levy and, in

accordance with this part, provide for the collection of taxes

on all property within the city that is made taxable for city

purposes and subject to valuation and assessment by the county

assessment office or the city, as provided in Subchapter A

(relating to assessments of property for taxation), as follows:

(1) A tax for general revenue purposes of not more than

30 mills.

(2) An annual tax sufficient to pay interest and

principal on any indebtedness incurred pursuant to 53 Pa.C.S.

Pt. VII Subpt. B (relating to indebtedness and borrowing) or

any prior or subsequent act governing the incurrence of

indebtedness of the city.

(3) An annual tax, not to exceed five mills, to light

the highways, roads and other public places in the city.

(4) An annual tax for the purpose of maintaining and

operating recreation places and programs.

(5) An annual tax, not to exceed the sum of one-tenth of

one mill, for the purpose of defraying the cost and expense

of caring for shade trees and the administrative expenses

connected with the care, or council may provide for the

expenses by appropriation from the city general fund.

(b) Residence tax.--Council may, by ordinance, levy and, in

accordance with this part, provide for the collection of a

20150SB0775PN0834 - 189 -

residence tax for general revenue purposes, of not more than $5

annually, on all inhabitants who are 18 years of age or older.

in subsection (a), the following shall apply:

(1) Special purpose levies authorized in this section

shall not be included in calculating the 30-mill limit

imposed by subsection (a).

(2) Any ordinance fixing the rate of taxation for any

year at a millage rate shall also include a statement

expressing the rate of taxation in dollars and cents on each

$100 of assessed valuation of taxable property.

(3) Council may, by ordinance, in any year levy separate

and different rates of taxation for city purposes on all real

estate classified as land, exclusive of the buildings on the

real estate, and on all real estate classified as buildings

on land. When real estate tax rates are so levied:

(i) The rates shall be determined by the

requirements of the city budget as approved by council.

(ii) The respective rates levied on land and

buildings do not have to be equal but must be fixed so as

not to constitute a greater levy in the aggregate than a

rate of 30 mills on both land and buildings.

(iii) The rates shall be uniform as to all real

estate within the classification.

(4) Where council, by a majority action upon due cause

shown, petitions the court of common pleas for the right to

levy additional millage for general revenue purposes, the

court, after public notice as it may direct and after

hearing, may order a greater rate than 30 mills but not more

than five additional mills to be levied.

20150SB0775PN0834 - 190 -

(5) (i) Notwithstanding council's power to authorize

the transfer of an unexpended balance of an appropriation

item pursuant to section 11804 (relating to regulations

concerning appropriation), when money are collected for

any special purpose, a city treasurer or council member

may not apply the money for any purpose other than that

for which it was collected.

(ii) Any city treasurer or council member who

violates subparagraph (i) commits a misdemeanor of the

third degree and, in addition to the fine or penalty that

may be imposed upon conviction, shall be required to pay

restitution in the amount of money improperly spent.

§ 12531.1. Exemptions from taxation.

Council may, by ordinance or resolution, exempt any

individual whose total income from all sources is less than

$12,000 per annum from any per capita or residence tax levied

under this chapter. This exemption shall not apply to real

property taxes.

§ 12531.2. Certification of schedule.

For the purpose of delinquent tax collection and the filing

of liens on property upon which the taxes, assessed and levied,

have not been paid and have become delinquent, the city

treasurer shall certify schedules of unpaid taxes. The

certification shall be made to the person designated by each

taxing district for which the city treasurer collects taxes.

SUBCHAPTER C

SALES OF REAL ESTATE FOR DELINQUENT TAXES

Sec.

12542.1. Public sale of property to satisfy tax claims.

12543. Certification of schedules to city treasurer.

20150SB0775PN0834 - 191 -

12546. Record of sales, purchase and resale.

12552.1. Conduct of tax sales.

§ 12542.1. Public sale of property to satisfy tax claims.

(a) Public sale.--Property upon which city real estate taxes

have not been paid and have become delinquent may become subject

to public sale in accordance with one of the following:

(1) The act of July 7, 1947 (P.L.1368, No.542), known as

the Real Estate Tax Sale Law.

(2) The Municipal Claim and Tax Lien Law.

(b) Other remedies.--The remedies authorized in this section

shall be in addition to other remedies provided for the

collection of delinquent city taxes, including an action in

assumpsit.

under the statutes listed under subsection (a), taxes shall

become delinquent 30 days after the final deadline for payment

of the taxes for the current tax year.

§ 12543. Certification of schedules to city treasurer.

At the request of the city treasurer, any person acting on

behalf of the city who possesses a schedule of unpaid city taxes

shall certify the schedule to the city treasurer along with the

description of property against which the unpaid taxes were

assessed.

§ 12546. Record of sales, purchase and resale.

(a) Record of sales.--The city treasurer shall keep in the

treasurer's office, or in another place as council may direct, a

record of all the sales made pursuant to section 12542.1

(relating to public sale of property to satisfy tax claims).

(b) Purchase of property at tax sale.--Notwithstanding any

other provision of law, the city shall have the right to bid on

20150SB0775PN0834 - 192 -

and purchase properties sold pursuant to section 12542.1.

under subsection (b) may be sold in accordance with section

12402.1(b) (relating to city property and affairs).

§ 12552.1. Conduct of tax sales.

The procedures and requirements relating to the sale of

property for delinquent taxes, including the advertisement for

and the time and conduct of the sale, the payment of the

purchase price, the distribution of proceeds, making the return

and confirmation of sale and the delivery of deed, shall be

governed by the act of July 7, 1947 (P.L.1368, No.542), known as

the Real Estate Tax Sale Law, or the Municipal Claim and Tax

Lien Law as utilized by the city in accordance with section

12542.1 (relating to public sale of property to satisfy tax

claims) and by any applicable rules of court governing

procedures for tax sales.

CHAPTER 126

LICENSES AND LICENSE FEES

Sec.

12601. Licensing and regulatory powers.

12601.1. Registration of businesses or occupations.

12602. Regulation of motor vehicles.

12603. Licensing of plumbers.

12604. Power to regulate and license transient merchants.

12605. Regulation of special events.

12650. Regulation of parking lot and parking garage operators.

12651. Farmers.

12652. Insurance business.

12653. Persons taking orders by samples.

12654. Commonwealth licenses.

20150SB0775PN0834 - 193 -

§ 12601. Licensing and regulatory powers.

In addition to all other powers granted by this part and

other laws, a city shall have the specific licensing and

regulatory authority provided by this chapter.

§ 12601.1. Registration of businesses or occupations.

(a) Registration.--Council may, by ordinance, designate the

types or kinds of businesses or occupations located or carried

out within the city that are subject to annual registration with

the city.

(b) Annual fee.--Unless otherwise provided in this chapter,

an ordinance requiring registration in accordance with this

section may provide for an annual fee on businesses and

occupations in an amount reasonably related to the

administration of the registration program, not to exceed $100.

§ 12602. Regulation of motor vehicles.

(a) General rule.--Subject to subsection (b), a city may

regulate transportation by motor vehicle.

(b) Exception.--A city shall have no authority to and shall

not regulate transportation by motor vehicle in a manner that is

preempted by or is inconsistent with applicable Federal and

State laws and regulations, policies or orders of Federal and

State regulatory agencies.

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Regulate." Licensing and making regulations for

transportation by motor vehicle, including the designation of

streets for transportation by motor vehicle.

"Transportation by motor vehicle." The transportation for

pay of passengers and property, within the limits of the city or

20150SB0775PN0834 - 194 -

from points in the city to points beyond the limits of the city,

by a motor vehicle that is not operated on tracks.

§ 12603. Licensing of plumbers.

Council may, as provided by ordinance or the laws of the

Commonwealth, license and provide for the collection of a

license fee from all persons certified as being qualified to

engage in the business of plumbing or house drainage.

§ 12604. Power to regulate and license transient merchants.

(a) General rule.--With regard to transient merchants, a

city shall have power, by ordinance, to regulate and license the

transient merchant, including requiring that a license be

procured prior to commencement of transient merchant activity.

(b) Penalty.--An ordinance adopted pursuant to subsection

(a) may impose a penalty of not more than $500 for a violation

of its provisions and may provide for other means of

enforcement.

shall not exceed $250 for each month during which any sale or

solicitation is continued.

(d) Definition.--As used in this section, the term

"transient merchant" shall:

(1) include all of the following:

(i) Transient wholesale and transient retail

businesses for the sale of goods, wares or merchandise

within the city.

(ii) Transient charitable solicitors for the

solicitation of charitable contributions within the city.

(2) not include any of the following:

(i) Farmers selling their own produce.

(ii) Persons selling donated goods, wares and

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merchandise if the proceeds of the sale are to be applied

to any charitable or philanthropic purpose.

(iii) A person selling bakery products, meat and

meat products or milk and milk products, if that person

is the manufacturer or producer of the products sold.

§ 12605. Regulation of special events.

(a) Special events.--In addition to other licensing and

regulatory powers authorized by this chapter, council shall have

the authority, by ordinance, to require a permit for and to

reasonably regulate the conduct of a special event, which may

include, but are not limited to, the following:

(1) Music festivals.

(2) Concerts.

(3) Dances.

(4) Circuses.

(5) Carnivals.

(6) Arts and craft shows.

(7) Parades.

(8) Public assemblies.

(9) Demonstrations.

(10) Performances.

(11) Exhibitions.

(12) Community events.

(13) Block parties.

(b) Purpose of regulation.--Regulation of a special event

pursuant to this section shall be for the purpose of protecting

and preserving city and public property or for the purpose of

promoting or protecting public health, safety or welfare.

may reasonably regulate and require a permit for any of the

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following:

(1) A special event that will result in the obstruction

of a city street or sidewalk or that would compromise the

ability of the city to respond to a public safety emergency.

(2) A special event on any property wholly or partially

owned or maintained by the city.

(3) A special event on private property, if, in

connection with the event, the city will be providing city

services, including those relating to public safety, fire and

sanitary facilities, beyond what is routinely provided by the

city.

§ 12650. Regulation of parking lot and parking garage

operators.

(a) General rule.--For the purpose of protecting the public,

a city may enact suitable ordinances regulating the business of

operating for-profit parking lots and for-profit parking garages

within the city. Ordinances shall be consistent with 75 Pa.C.S.

(relating to vehicles). A city may require for-profit parking

lots and for-profit parking garages to reserve areas exclusively

for parking by handicapped individuals. Nothing in this section

shall be construed to limit the protections and prohibitions

contained in section 202 of the Americans with Disabilities Act

of 1990 (Public Law 101-336, 104 Stat. 327), the act of October

27, 1955 (P.L.744, No.222), known as the Pennsylvania Human

Relations Act, and Federal and State rules and regulations

implementing those acts. License and permit requirements may be

imposed on for-profit parking lots and for-profit parking

garages and license or permit fees may be charged and collected

from the operators of the parking lots and parking garages.

(b) Liability insurance.--A city adopting a regulatory plan

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applicable to for-profit parking lots and for-profit parking

garages shall have the authority to require that each operator

maintain insurance from an insurer legally authorized to conduct

business in this Commonwealth in amounts not less than that

which are prescribed by council for the protection of the public

from loss of or damage to the vehicles parked, stored or placed

under the jurisdiction of the operator and against liability

arising out of the ownership or use of the parking lot or

parking garage.

§ 12651. Farmers.

A city may not levy or collect a license fee from a farmer

upon sales of the farmer's own produce in or about the streets

of the city. This section shall not restrict a city's power to

regulate the conduct of a farmer's business.

§ 12652. Insurance business.

A city may not levy or collect a license fee upon an

insurance company or its agents or an insurance broker

authorized to transact business under the laws of the

Commonwealth.

§ 12653. Persons taking orders by samples.

A city may not levy or collect a license fee or mercantile

tax upon a person taking orders for merchandise by sample from a

dealer or merchant for persons who pay a license or mercantile

tax at their primary places of business. Nothing in this section

shall authorize a person to sell by retail to persons other than

dealers or merchants without payment of a license or permit fee.

§ 12654. Commonwealth licenses.

This chapter shall not be construed to relieve a person from

the duty of taking out a license or from the payment of any

license tax or fee imposed or authorized by any other statute,

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nor shall any Commonwealth license tax or fee preempt the

registration, licensure or regulatory powers of a city in

accordance with this chapter, unless the preemption is expressly

authorized.

CHAPTER 127

REAL ESTATE REGISTRY

Sec.

12704. Real estate registry.

§ 12704. Real estate registry.

(a) Registration requirement.--For the purpose of procuring

accurate information on the ownership of all real estate,

council may provide, by ordinance, for a real estate registry in

accordance with the act of October 9, 2008 (P.L.1400, No.110),

known as the Uniform Municipal Deed Registration Act. If

required by the ordinance, every owner, subsequent purchaser,

devisee or person acquiring title by partition, or otherwise, to

real estate in the city shall furnish, at the designated city

office, descriptions of their respective properties upon blanks

to be furnished by the city and, at the same time, present their

conveyance to be stamped by the designated city official or

employee, without charge, as evidence of its registration. A

person who fails to register real estate as required by this

chapter shall be liable for a penalty established by ordinance,

with costs of suit, in the name and for the use of the city, as

penalties for the violation of city ordinances are recoverable.

(b) Registry.--A registry established in accordance with

this section shall be in the form provided by council and may

include books, maps and plans. The registry shall show the

location and dimensions of each property in the city, as well as

the street number of and the name of the owner of the

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properties, and shall allow for the inclusion of the names of

future owners and dates of future transfer of title.

employee charged with acquiring information necessary to

establish and maintain the registry shall have free access,

without charge, to any of the public records where the

information may be obtained. The official or employee may also

search in any other place for documentary or other evidence of

title not reported to the city official or employee pursuant to

this section if it is necessary for the completion of the

registry.

(d) Preservation of registry.--The registry shall be

preserved in the manner council shall designate in accordance

with 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

(e) Certified copies of registry.--The city official or

employee charged with the duty of maintaining the registry shall

provide certified copies of any entries to the registry and the

copies shall be received in evidence in the same manner as the

original registry would be admissible. Certified copies also

shall be furnished to any person for a reasonable fee.

(f) Properties sold at judicial sales.--The sheriff of the

county in which the city is situated shall present for registry

the deeds of all properties within the city limits sold by the

sheriff at judicial sales, whether by execution, in partition or

otherwise.

(g) Use of registry as source of owners' names.--A city's

registry may be used as the lawful and proper source of property

owners' or reputed owners' names for all lawful purposes,

including the filing of municipal claims.

(h) Municipal and tax claims.--Nothing in this section shall

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invalidate any municipal or tax claim by reason of the fact that

the claim is not assessed or levied against the registered

owner.

CHAPTER 127A

NUISANCE ABATEMENT

Sec.

127A01. Definitions.

127A02. Report and investigation of public nuisance.

127A03. Summary abatement.

127A04. Prior notice of abatement.

127A05. Abatement by owner.

127A06. Appeal after notice and hearing.

127A07. Abatement by city after notice and statement of costs.

127A08. Assistance in abatement.

127A09. Salvage of material.

127A10. Notice of assessment and appeal of charges.

127A11. Personal liability of owner.

127A12. Administrative fee and civil penalties.

§ 127A01. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Abatement." The removal, stoppage or destruction by any

reasonable means of the cause or constitution of a public

nuisance.

"Department." The department designated by council to

determine the existence of and to abate a public nuisance in

accordance with this chapter.

"Owner." With regard to the property on which the alleged

public nuisance exists, the owner of record, based upon the

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city's real estate registry if the city maintains a registry,

or, if the city does not maintain a real estate registry on the

tax assessment records of the city, or of the county in which

the city is located. The term may include any person in whom is

vested all or any part of the legal or equitable title to the

property or who has charge, care or control of the property as

agent, executor, administrator, assignee, receiver, trustee,

guardian, lessee or mortgagee in possession.

"Property." Personal property or real property and any

improvements to real property.

"Public nuisance."

(1) Conduct or property, or the condition or use of

property, defined or declared to be a public nuisance under

any provision of this part or other law.

(2) Conduct or property, or the condition or use of

property, if the department determines that it endangers the

health or safety of, or causes hurt, harm, inconvenience,

discomfort, damage or injury to, a person or property in the

city, by reason of the conduct or property, or the condition

or use of the property, being any of the following:

(i) A menace, threat or hazard to the general health

and safety of the community.

(ii) A fire hazard.

(iii) A building or structure that is unsafe for

occupancy or use.

(iv) Property that is so inadequately or

insufficiently maintained that it diminishes or

depreciates the enjoyment and use of other property in

its immediate vicinity to the extent that it is harmful

to the community in which the property is situated.

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(3) Unauthorized accumulations of garbage and rubbish

and the unauthorized storage of abandoned or junked

automobiles or other vehicles on private or public property,

and the carrying on of any offensive manufacture or business.

"Summary abatement." Abatement of a public nuisance by the

city without prior notice to the owner of the property in

accordance with this chapter.

§ 127A02. Report and investigation of public nuisance.

(a) Designation of department.- -Council shall designate the

department to which reports of the existence of a possible

public nuisance shall be made.

(b) Criteria for investigating reports.--The department

shall establish criteria for investigating reports to determine

the existence of a public nuisance. The reports may be submitted

by a member of the public, city employee or elected or appointed

city official or result from inspections made by the department.

a report or an investigation, reasonably believes the reported

property involves a building that appears to be structurally

unsafe, the department shall notify the city's building

inspector or other appropriate official who shall cause the

property to be inspected, subject to constitutional standards in

a similar manner as provided in section 12308 (relating to

powers of board of health) and submit a written report to the

department.

(d) Determination.--Upon completing its investigation and

receiving any written reports required under subsection (c), the

department shall determine all of the following:

(1) If a public nuisance exists.

(2) If the public nuisance is of such a severe and

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substantial nature that it presents a clear, immediate and

substantial danger to public health or safety or to the

health or safety of any occupant of a property on which a

public nuisance exists or of any property in the vicinity of

the public nuisance that it is sufficient to justify

extraordinary and immediate action without prior notice to

the owner of the property to avoid personal injury, death or

substantial loss of property.

(e) Retention of records.--Following an investigation, the

department shall retain a copy of its findings, including any

reports and any photographs of the property or condition

investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F (relating

to records).

§ 127A03. Summary abatement.

(a) General rule.--A city shall have the power to utilize

summary abatement in accordance with this section.

(b) Conditions.--In the case of a reported public nuisance,

the department shall have authority to utilize summary abatement

if all of the following occur:

(1) The department determines the existence of the

criteria in section 127A02(d) (relating to report and

investigation of public nuisance).

(2) The mayor or the mayor's designee provides express

authorization to utilize summary abatement.

implemented pursuant to subsection (b), the department shall

have the authority to enter upon the property for the purpose of

abatement without prior notice to the owner of the property or

to the holders of liens on the property.

(d) Procedure.--The following shall apply:

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(1) Within 10 days following a summary abatement, the

department shall post on the property upon which the

abatement has occurred a notice describing the action taken

to abate the nuisance.

(2) Within 20 days following a summary abatement, the

department shall determine the identity of the owner of the

property by reference to the city's real estate registry if

the city maintains a registry, or, in the absence of a

registry, by reference to county assessment records, and the

identity of the holders of all liens upon the property which

are properly indexed among the records of the county and

provide to the owner and to all lienholders written notice,

by first class mail or hand delivery, of the action taken to

abate the nuisance.

(3) Within 30 days following a summary abatement, the

department shall file with the city treasurer or other

financial officer of the city designated by council a

statement of costs of the abatement, which shall include the

administrative fee and civil penalty provided by this

chapter. After filing with the city treasurer, notice of the

statement of costs shall be provided to the owner and

lienholders in accordance with section 127A04(b) (relating to

prior notice of abatement).

§ 127A04. Prior notice of abatement.

(a) Abatement authority.--The department shall have the

authority to abate a public nuisance with prior notice as

provided by this section if, after inspecting the property or

condition reported to be a public nuisance, subject to

constitutional standards in a similar manner as provided in

section 12308 (relating to powers of board of health), the

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department determines, as provided for in section 127A02(d)(1)

( relating to report and investigation of public nuisance) , that

the public nuisance exists.

(b) Method of notice.--

(1) If the department proceeds with abatement pursuant

to this section, it shall identify the owner of the property

by reference to the city's real estate registry if the city

maintains a registry, or, in the absence of a registry, by

reference to county assessment records, and shall immediately

serve a written notice on the owner by any of the following

methods:

(i) Personal service.

(ii) Leaving a copy of the notice at the place of

residence or business of the owner or the address of the

owner shown in the city's real estate registry or in the

records in the office of the recorder of deeds.

(iii) Mailing a copy by United States certified

mail, return receipt requested, to the owner at the

owner's current address shown in the city's real estate

registry or in the records in the office of the recorder

of deeds.

(2) If service of the written notice is unable to be

perfected by any of the methods under paragraph (1), the

department shall publish a copy of the notice in a newspaper

of general circulation once a week for two consecutive weeks

and shall provide a copy of the notice to the individual in

possession of the property on which the department has

determined that the public nuisance exists, or, if there is

no individual in possession of the property, the department

shall post a copy of the notice at the structure, location or

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premises.

(3) The department shall determine from the records in

the offices of the recorder of deeds the identities of all

lienholders of the property and serve a written notice on all

lienholders by United States certified mail, return receipt

requested.

lienholders shall state clearly and concisely the findings and

determination of the department with respect to the existence of

a public nuisance. The notice shall further state that the

public nuisance shall be abated by the city at the expense of

the owner unless it is otherwise abated within 30 days of the

notice or within any extension of that period granted by the

department.

(d) Liability.--A person who is the owner of the premises,

location or structure at the time a notice to abate a public

nuisance is issued and served upon the person shall be

responsible for complying with the notice and shall be liable

for any costs incurred by the city in connection with the

notice, notwithstanding if the person conveyed the person's

interest in the property to another after the notice was issued

and served.

(e) Defense.--It shall not be a defense to the determination

that a public nuisance exists that the property is boarded up or

otherwise enclosed.

§ 127A05. Abatement by owner.

(a) Duty of owner.--Within 30 days after written notice has

been provided pursuant to section 127A04(b)(1) or (2) (relating

to prior notice of abatement), the owner shall remove and abate

the nuisance.

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(b) Extension.--The department, upon written application by

the owner within the 30-day period referred to in subsection

(a), may grant additional time for the owner to effect the

abatement of the public nuisance, if the extension is limited to

a specific time period.

§ 127A06. Appeal after notice and hearing.

(a) Hearing.--A city shall, by ordinance, provide a

procedure by which an owner of the property who has been served

with a notice pursuant to section 127A04(b)(1) or (2) (relating

to prior notice of abatement) may request and have a timely

hearing on the question of whether a public nuisance, in fact,

exists.

(b) Appeal board.--Council, or a committee of three council

members appointed by council, shall constitute the public

nuisance appeals board which, if an appeal is taken, shall

conduct the hearing on the question of whether a public

nuisance, in fact, exists. The appeals board may uphold, amend

or modify the determination of the department or extend the time

for compliance with the department's order if the extension is

limited to a specific time period.

suspend the period of time within which the nuisance is to be

abated until a decision is rendered by the appeals board.

§ 127A07. Abatement by city after notice and statement of

costs.

(a) Abatement by city after notice.--If a public nuisance

has not been abated at the expiration of 30 days after notice

has been provided or within additional time as the department or

appeals board may grant, taking into consideration the

provisions of section 127A06(c) (relating to appeal after notice

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and hearing), the department shall have the authority to enter

upon the property for the purpose of abatement.

(b) Statement of costs.--Upon abatement in accordance with

this section, the department shall file with the city treasurer

or other financial officer of the city designated by council a

statement of costs of the abatement, which shall include the

administrative fee and civil penalty provided by this chapter.

§ 127A08. Assistance in abatement.

In abating a public nuisance, the department may call upon

any of the city departments or divisions for assistance, as

shall be deemed necessary, or may abate the public nuisance by

private contract.

§ 127A09. Salvage of material.

If deemed practicable by the department, the department may

salvage and sell at private or public sale any material derived

from an abatement of a public nuisance. Pursuant to ordinance,

all of the following shall apply to the proceeds obtained from

the sale of any material salvaged as a result of an abatement:

(1) The proceeds shall be deposited as directed by

ordinance.

(2) The proceeds may be applied against the amount of

the costs, fees and penalties relating to the abatement.

(3) If the amount of the proceeds exceeds the amount of

the costs, fees and penalties, any excess shall be paid to

the owner.

§ 127A10. Notice of assessment and appeal of charges.

(a) Notice of assessment.--Upon receipt of the statement of

costs from the department, either for a summary abatement

pursuant to section 127A03 (relating to summary abatement) or

for an abatement with notice pursuant to section 127A04

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(relating to prior notice of abatement), the city treasurer or

other financial officer of the city designated by council shall,

in accordance with section 127A04(b), give notice of the amount

set forth in the statement of costs to the owner and lienholders

of the property upon which the public nuisance has been abated.

The notice shall state that the city proposes to assess against

the property the amount set forth in the notice and that

objections to the proposed assessment must be made in writing

and received by the designated officer within 20 days from the

date of mailing the notice.

(b) Lien.--Upon the expiration of the 20-day period, if no

written objections have been received by the officer, the total

amount of costs, fees and penalties specified in the statement

of costs may be entered as a lien against the property on which

the nuisance was abated and shall be collected in the manner

provided for the collection of municipal claims and liens,

subject to rights of appeal provided in this section.

lienholder are received by the designated officer prior to the

expiration of the 20-day period, the officer shall refer the

matter to the department for administrative review.

(d) Procedure.--The city shall, by ordinance, provide a

procedure by which the department shall make a determination

regarding any timely filed objection and by which an appeal of

the department's determination may be made to the appeals board

referred to in section 127A06(b) (relating to a ppeal after

notice and hearing).

(e) Final administrative decision.--The determination of the

appeals board shall be a final administrative decision within

the city.

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(f) Reduction or cancellation of assessment.--The

department, in administrative review, or the appeals board, on

appeal, may reduce or cancel a proposed assessment if it is

determined that any of the following did not conform to the

provisions of this chapter:

(1) The notice to remove the nuisance.

(2) The work performed in abating the nuisance.

(3) The computation of charges.

(g) Elimination of civil penalty.--The department, in

administrative review, or the appeals board, on appeal, may

reduce a proposed assessment by eliminating the civil penalty

portion of the statement of costs if any of the following apply:

(1) The current owner did not own the property at the

time the notice required in section 127A04 (relating to prior

notice of abatement) was posted.

(2) The owner did not receive the notice to remove the

public nuisance, did not have knowledge of the public

nuisance and could not, with the exercise of reasonable

diligence, have had knowledge of the public nuisance.

§ 127A11. Personal liability of owner.

Notwithstanding the right of the city to utilize in rem

proceedings to pursue collection of the costs, fees and

penalties in the statement of costs as a municipal claim, the

person who is the owner of the property at the time of a summary

abatement at which the notice required is given, or, in the case

of an abatement pursuant to section 127A04 (relating to prior

notice of abatement), the person who was the owner of the

property at the time notice of the existence of the public

nuisance was given, shall be personally liable for the amount of

the assessment, including all interest, other charges and,

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except as provided in section 127A10(g) (relating to n otice of

assessment and appeal of charges) , civil penalties.

§ 127A12. Administrative fee and civil penalties.

Whenever a public nuisance is abated by the city, the

statement of the costs of the public nuisance shall include the

city's actual cost of abatement, plus an administrative fee, not

to exceed 10%, and a civil penalty. For the first abatement of a

public nuisance upon any owner's property within the city in any

two-year period, the civil penalty shall be $250. For second and

subsequent abatements upon any properties of any owner within

the city during any two-year period, the civil penalty shall be

$500. The increased civil penalty shall be imposed and collected

regardless of whether the second and subsequent public nuisances

upon property or properties of an owner involve the same

property or the public nuisance s are of the same or different

character.

CHAPTER 128

EMINENT DOMAIN

Sec.

12801. Exercise of eminent domain.

12802. Restrictions as to certain property.

12803. Title acquired.

12824. Assessment awards.

§ 12801. Exercise of eminent domain.

(a) General rule.--In addition to all other purposes for

which a city may exercise the power of eminent domain as

authorized by this part or by other laws of the Commonwealth and

subject to the duty to provide just compensation, a city may

acquire property by eminent domain, including entering upon,

appropriating, taking, using and occupying private lands and

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property for any of the following public purposes:

(1) The laying out, opening, widening, extending,

vacating, grading or changing the grades or lines of streets.

(2) The construction of bridges and the piers, abutments

and approaches for bridges.

(3) The construction of slopes, embankments and storm

water sewers, including storm water drains.

(4) The erection and extension of waterworks, wharves

and docks, public buildings, public works, filtration plants,

sewage systems, sewage treatment works, waste disposal

plants, including disposal of garbage, ashes and other refuse

materials and transfer facilities, gas plants, electric power

and light plants, fire houses, hospitals, public auditoriums,

memorial buildings, public transportation facilities, comfort

stations, homeless shelters, waiting stations, communications

facilities, drinking fountains, libraries and other public

buildings and public works.

(5) The establishing of recreation places.

(6) The changing of watercourses.

(7) The acquisition of lands, easements and property for

use of the Pennsylvania National Guard in accordance with

sections 144A13 (relating to eminent domain for National

Guard purposes) and 144A14 (relating to land for armory

purposes).

(b) Eminent domain proceedings.--Eminent domain proceedings

shall be subject to and conform with the provisions of 26

Pa.C.S. (relating to eminent domain) .

§ 12802. Restrictions as to certain property.

(a) General rule.--In addition to the restrictions made by

other provisions of this part in particular cases or by any

20150SB0775PN0834 - 213 -

other provision of law, no city shall exercise the right of

eminent domain against:

(1) Land now occupied by any building which was used

during the Colonial or Revolutionary period as a place of

assembly by the Council of the Colony of Pennsylvania, the

Supreme Executive Council of the Commonwealth of Pennsylvania

or the Congress of the United States.

(2) Land occupied by any fort, redoubt or blockhouse

erected during the Colonial or Revolutionary period or any

building used as headquarters by the Commander-in-Chief of

the Continental Army.

(3) The site of any building, fort, redoubt, blockhouse

or headquarters, which are preserved for their historic

associations and not for private profit.

(b) Colonial and Revolutionary period.--The Colonial and

Revolutionary period shall be deemed to have ended on September

3, 1783.

§ 12803. Title acquired.

Except as otherwise provided by law, if land or other real or

personal property is acquired by a city in eminent domain

proceedings or is acquired by gift, purchase or otherwise, the

title obtained by the city shall be in fee simple absolute or

like absolute ownership unless the parties agree otherwise in

writing and the agreement expressly appears in a recorded deed

affecting any real property acquired by the city or in the

notice of condemnation.

§ 12824. Assessment awards.

In proceedings to assess damages and benefits, one of the

following shall be awarded to or assessed against the owner of

land and affected property:

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(1) The excess of damages over benefits.

(2) The excess of benefits over damages.

(3) Nothing, if the benefits and damages are equal.

CHAPTER 129

STREETS

Sec.

12901. Map of streets.

12902. Laying out streets.

12903. Effect of laying out street.

12904. Improvements within laid-out streets.

12915. Power to open and alter streets.

12916. Ordinances when no petition is presented.

12917. Erection of improvements restricted.

12918. Petition for opening.

12919. Notice of petition.

12922. Assessment of damages and benefits.

12930. Power to grade, pave and macadamize.

12931. Payment of cost of improvement.

12938. Preparation of streets for paving or repairing.

12939. Highways in cities.

12950. Grade crossing.

12955. Acquisition of unobstructed views.

12960. Use of abutting lands for embankments, slopes, fills and

culverts.

12970. Appropriation for connections with highways.

12975. Street closings and detours.

12985. Maintenance of streets forming boundaries.

12986. Streets, the center line of which is the boundary

between city and another municipal corporation.

12988. Streets more than half of whose width is within city.

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12989. Assessment for improvements on property outside limits

where street entirely within city.

§ 12901. Map of streets.

(a) General rule.--Council may authorize and approve a

comprehensive map of city streets, which may be part of an

official map adopted in accordance with the Municipalities

Planning Code.

(b) Amendment to comprehensive map.--If council adopts a

comprehensive map of city streets, any street subsequently laid

out in accordance with this chapter shall be deemed an amendment

to the comprehensive map.

§ 12902. Laying out streets.

(a) General rule.--A city may lay out streets by any of the

following means:

(1) Identifying the street on a comprehensive map of

city streets.

(2) Identifying the street in an amendment to the

comprehensive map.

(3) Identifying the street in a recorded subdivision or

land development plan.

(4) An ordinance laying out any area for future opening

as a public street.

(b) Filing of ordinance.--If, at the time of the enactment

of an ordinance in accordance with subsection (a)(4), the lines

of the laid-out street include property not subject to use as a

public passageway, the ordinance shall be filed with the

recorder of deeds of the county where the city is located.

index the ordinance by the name of the city, the name of the

property owner and, if applicable, the parcel number of the

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property through which the proposed street is laid out.

§ 12903. Effect of laying out street.

With regard to land not previously used by the city as a

passageway for public travel, the laying out and locating of a

street in accordance with this chapter shall not in and of

itself do any of the following:

(1) Authorize the entry upon or the appropriation of any

property.

(2) Constitute the opening of any street or the taking

or acceptance of any land.

(3) Obligate the city to improve or maintain the street

or land.

§ 12904. Improvements within laid-out streets.

(a) General rule.--No permit shall be issued for any

building within the lines of any street laid out pursuant to

this chapter.

(b) Damages.--No person shall recover damages for the taking

for public use of any building or improvements constructed

within the lines of any street after the street has been

included in the general plan or official map, and any building

or improvement shall be removed at the expense of the owner.

§ 12915. Power to open and alter streets.

(a) General rule.--With regard to any street or any part of

a street within city limits, a city may, with or without any

petition of property owners, do any of the following:

(1) Open, widen, straighten, alter, extend and improve.

(2) Establish or reestablish the grades.

(3) Keep in order and repair and in safe passable

condition.

(4) Vacate and discontinue when deemed expedient for the

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public good.

(5) With the approval of the Department of

Transportation, vacate highways laid out by the Commonwealth

within the city limits which have remained unopened for 30

years.

(b) Payment.--A city may pay for any of the actions

authorized in subsection (a), either in whole or in part, from

the general revenues of the city.

§ 12916. Ordinances when no petition is presented.

(a) General rule.--An ordinance shall be enacted for the

opening, widening, straightening, extending or vacating of any

street without petition of property owners by the affirmative

vote of a majority of the whole number of members of council,

plus one.

(b) Enactment of ordinance.--The following shall apply prior

to the enactment of a n ordinance pursuant to subsection (a):

(1) The expiration of 28 days from the date of its

introduction.

(2) Prior to the end of the 28-day period in paragraph

(1), copies of the ordinance shall be published in a

newspaper of general circulation in the city once a week for

three consecutive weeks immediately following the

introduction of the ordinance.

(3) In case no newspaper is published in the city, then

in the same manner in one newspaper published in the county

as required by section 10109 (relating to publication of

notices) .

§ 12917. Erection of improvements restricted.

(a) General rule.--Any ordinance widening or straightening

any street shall fix the new line or lines.

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(b) Conformation to new lines.--The ordinance may require

that no owner or builder shall erect any new building or rebuild

or alter the front of any building already erected without

making it conform to the new lines.

accrue only when the city actually enters on and occupies the

land within the lines or the building is located or relocated to

conform to the lines.

§ 12918. Petition for opening.

(a) Presentment to council.--A petition may be presented to

council for the opening, widening, straightening, altering,

extending, vacating, establishing or reestablishing of the grade

of any street.

(b) Majority of property owners required.--A petition made

pursuant to this section shall be:

(1) Signed by a majority, in number and interest, of the

owners of property abutting on the line of the proposed

improvement or vacation as fixed at the time of presentation

of the petition.

(2) Verified by affidavit of one or more of the

petitioners.

owners of undivided interests in any piece of property shall be

deemed as one person for the purposes of the petition.

§ 12919. Notice of petition.

(a) General rule.--After a petition has been presented in

accordance with section 12918 (relating to petition for opening)

and council has determined the adequacy of the petition, but

before final enactment of any ordinance enacted pursuant to the

petition, notice shall be published in a newspaper of general

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circulation once a week for three consecutive weeks as required

by section 10109 (relating to publication of notices), and

handbills shall be posted in conspicuous places along the line

of the proposed improvement.

(b) Requirements.--The notice and handbills shall state

that:

(1) The petition for the improvement was signed by a

majority, in interest and number, of the owners of property

abutting the line of the proposed improvement.

(2) Any person interested may provide comments at a

public hearing to be held at a date, time and place as stated

in the published notice and handbills.

hearing, council determines to proceed with the consideration of

an ordinance pursuant to the petition, it shall publish notice

of the ordinance and incorporate reference to any maps or

drawing, in accordance with Subchapter A.1 of Chapter 110

(relating to ordinances) .

§ 12922. Assessment of damages and benefits.

If necessary, in any proceedings to exercise one of the

powers given in section 12915 (relating to power to open and

alter streets), viewers shall be appointed, damages awarded and

benefits assessed as provided in 26 Pa.C.S. (relating to eminent

domain) or as provided in this chapter for the assessment of

benefits.

§ 12930. Power to grade, pave and macadamize.

(a) General rule.--A city may grade, pave, macadamize or

otherwise improve any street and the sidewalks of the street

when included as a part of the improvement, have them set with

curbs and provide for drainage.

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(b) Improvement.--A city may provide for the following

improvements of any street, in length, in the space between the

curb, gutter or cartway and the property line:

(1) An original work or improvement.

(2) A change, repair, renewal or alteration in the

street or curb.

(3) Parking spaces.

(4) Shade trees.

(5) Changing, altering, renewing, replanting, pruning or

otherwise making improvements in an item listed under

paragraph (1), (2), (3) or (4).

§ 12931. Payment of cost of improvement.

(a) General rule.--The costs and expenses of the

improvements done under section 12930 (relating to power to

grade, pave and macadamize) shall be paid, in whole or in part,

by the city or by the owners of real estate bounding and

abutting the improvement.

(b) Assessment.--Cost and expense upon the abutting real

estate shall be assessed in accordance with Chapter 145A

(relating to assessments for public improvements).

§ 12938. Preparation of streets for paving or repairing.

(a) General rule.--Council may provide, by ordinance, for

the laying, renewing and repairing of all gas, water, steam or

other pipes or conduits in any street before the paving,

repaving or repairing of the street and for making the necessary

connections with the pipes.

(b) Sewer improvement.--Council may provide for the

necessary connections and branches leading into main or lateral

sewers.

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requiring extensions from sewers or from gas, water, steam or

other pipes or conduits, council may not require private utility

companies to make extensions beyond the inner line of the

curbstone of the street unless it determines that it is

necessary to do so as a sanitary measure.

(d) Recoupment of cost.--If, after notice to all persons and

owners affected of the necessity for the laying, renewing and

repairing of gas, water, steam or other pipes or conduits in a

street and the necessity of making necessary connections prior

to the proposed paving, repaving or repairing of the street,

there is a failure to comply, council may perform work and may

collect the cost of paving, repaving or repairing of the pipes

or conduits, with interest, from the persons and owners

affected.

(e) Liens.--The cost of the sewer connections shall be a

first lien against the land for whose benefit the connections

are made. A separate lien may be filed for the cost, or the

sewer connection cost may be included in any lien filed for the

cost of the street improvement, and the lien and the proceedings

on the lien shall be as in the case of other municipal liens.

§ 12939. Highways in cities.

(a) Power over highways.--Powers, rights and duties given to

a city over its streets shall extend to highways to the extent

that the city is legally responsible for them, pursuant to

agreement or otherwise.

(b) Damages.--A city shall not be responsible for damages to

property owners abutting a highway under subsection (a) for acts

of the Commonwealth unless the city shall assume them, under

this chapter or the act of June 1, 1945 (P.L.1242, No.428),

known as the State Highway Law.

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§ 12950. Grade crossing.

(a) Railroad crossings.--A city constructing a street across

a railroad shall construct the street above or below the grade

of the railroad, unless permitted by the Pennsylvania Public

Utility Commission to construct the street at grade.

(b) New construction.--Any new construction of a street

crossing a railroad or any vacation of any street crossing a

railroad shall be constructed or vacated only in a manner

consistent with the rules and regulations and under the

jurisdiction of the Pennsylvania Public Utility Commission.

the owners of adjacent property taken, injured or destroyed by

the construction of a street crossing a railroad or any vacation

of any street crossing a railroad shall be ascertained, fixed

and paid according to 66 Pa.C.S. Pt. I (relating to public

utility code).

§ 12955. Acquisition of unobstructed views.

Any city may acquire, by purchase or by the right of eminent

domain, a free and unobstructed view down and across lands

located at or near intersections or curves of streets, railroads

or railways to assure a free and unobstructed view in all

directions at the intersections or curves and to prevent the use

of the lands over and across which the view was acquired for any

purpose or in any manner which may interfere with or obstruct

the vision of any person traveling upon any street within the

city.

§ 12960. Use of abutting lands for embankments, slopes, fills

and culverts.

(a) General rule.--In the grading of any street, a city may

use so much of the lots and lands abutting on the street for the

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construction of embankments, slopes, fills and culverts, as may

be necessary for the completion of the improvement.

(b) Compensation.--Compensation for damages, costs and

expenses resulting from the use of lots and lands abutting on

the street for the construction of embankments, slopes, fills

and culverts shall be made in the same manner as compensation

for using and occupying private lands for the grading of streets

under section 12801 (relating to exercise of eminent domain).

§ 12970. Appropriation for connections with highways.

A city may, singly or jointly with other political

subdivisions, appropriate money for the improvement of streets

or roads beyond the limits of a city for the purpose of

connecting improved streets in a city with a highway.

§ 12975. Street closings and detours.

(a) General rule.--The following shall apply to the closing

of a street to vehicular traffic:

(1) No street shall be closed to vehicular traffic,

except upon order of the department of streets and public

improvements or other department of the city having

jurisdiction over public streets, or, in cases of emergency,

when immediate action is necessary to protect public safety,

by order of the mayor, the police or the fire marshal.

(2) A street may not remain closed for a longer period

than is necessary for the purpose for which the order to

close was issued.

(3) Except in cases of emergency, when immediate action

is necessary to protect public safety, no street shall be

closed to vehicular traffic when the street has been

designated as a detour by the Department of Transportation,

unless the Secretary of Transportation has provided written

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consent or council has, by resolution duly recorded on its

minutes, declared the closing necessary for the safety of the

public.

(4) When any street which forms a part or section of a

State highway or has been designated as a detour by the

Department of Transportation is closed to vehicular traffic,

the city shall at once notify the Department of

Transportation of the creation of a detour under this

section. The Department of Transportation shall be notified

immediately after the detour is removed.

(5) When any street is to be closed, it shall be the

duty of the official or department that authorized the

closing to designate a detour.

(6) While the detour is in use, legible signs shall be

erected and maintained at reasonable intervals, indicating

the proper direction and the detour shall be maintained in

safe and passable condition.

(7) When the street that had been closed is opened for

traffic, all detour signs shall be removed.

(b) Agreements with owners of private land.--A city may

enter into an agreement with the owners of private lands

covering the acquisition of right-of-way privileges for a detour

over private property for the period when a street shall be

closed to traffic. If the parties cannot reach an agreement, the

city may proceed with the construction of the detour, with the

owner of the property taken for the detour entitled to seek

damages, if any, in the same manner as damages are now

ascertained for the opening of streets in the city.

this section relating to detours, council is empowered to pay

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for the necessary maintenance, subsequent repair and land rental

out of money available for the construction and maintenance of

city streets.

(d) Penalty.--Any individual who willfully removes, defaces,

destroys or disregards any barricade, light, danger sign, detour

sign, signal or warning of any other type legally erected or

placed or who drives on, over or across any street which has

been closed by proper authority commits a summary offense

punishable upon conviction in accordance with section 11018.16

(relating to enforcement of ordinances, recovery and payment of

fines and penalties).

(e) Fine for multiple offenses.--In addition to subsection

(d), a person shall pay a fine of not less than $500 or more

than the maximum fine authorized in section 11018.17 (relating

to penalty) for the second or any subsequent offense.

(f) Costs of prosecution.--An individual punished under

subsection (d) or (e) shall pay the costs of prosecution

together with the value of the property so removed, defaced or

destroyed.

(g) Exception.--An individual who has no outlet due to the

closing of a street may drive on, over or across the street,

subject to reasonable conditions as may be prescribed by the

city without being subject to the penalties imposed by this

section.

(h) Collection of fines.--All fines collected under the

provisions of this section shall be paid over to the city

treasurer.

(i) Civil damages.--In addition to the penalties provided in

subsections (d) and (e), the city, its agents or contractors

may, in an action at law, recover damages from any person who

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damages a street when it is closed to vehicular traffic.

§ 12985. Maintenance of streets forming boundaries.

(a) General rule.--A street on the boundary line between a

city and another municipal corporation shall be maintained

jointly by the city and the other municipal corporation.

(b) Maintenance agreement.--The officers of the city and the

municipal corporation maintaining a street under subsection (a)

shall enter into an agreement providing for the division of the

cost of maintenance between the city and other municipal

corporation.

shall fail or refuse to enter into a contract under this

section, the city or any taxpayer of the noncontracting

municipal corporation may petition the court of common pleas of

the county, setting forth the facts.

(d) Court decision.--The court, after hearing of which

notice shall be given to all parties interested as the court may

direct, shall make an order directing the manner of the

maintenance and the division of the cost of maintenance between

the city and the other municipal corporation.

§ 12986. Streets, the center line of which is the boundary

between city and another municipal corporation.

(a) General rule.--A city may enter into a contract with a

municipal corporation to provide for the grading, curbing,

draining, paving and macadamizing of any street that constitutes

the dividing line between the city and the municipal

corporation.

(b) Supervision.--The alterations and improvements shall be

made under the supervision of the city or municipal corporation,

or by contract let by the city or the municipal corporation, as

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may be provided for in the contract between the city and the

municipal corporation.

§ 12988. Streets more than half of whose width is within city.

(a) Authority to improve entire street.--Whenever any

street, more than one-half the width of which is within the

limits of the city, shall divide the city from any other

municipal corporation, the street may be improved by the city in

the same manner as if the street were entirely located within

the limits of the city.

(b) Assessment.--The property, within or outside the city,

that abuts the street and benefits from the improvements may,

for a depth of 150 feet plus one-half the width of the street

measured from its center line, be assessed for any and all

municipal improvements to or on the street in the same manner as

the property would be assessed under the provisions of this

chapter if it were entirely located within the limits of the

city.

§ 12989. Assessment for improvements on property outside limits

where street entirely within city.

Whenever any street, entirely within the limits of any city,

shall divide the city from any other municipal corporation, the

property on the side of the street, within or outside the city,

that abuts the street and benefits from the improvement may, for

a depth of 150 feet from its center line, be assessed for any

and all municipal improvements to or on the streets on which the

property abuts, in the same manner as the property would be

assessed under the provisions of this part if it were entirely

located within the limits of the city.

CHAPTER 130

SIDEWALKS

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Sec.

13001. Power to lay out and grade sidewalks and compel

construction of sidewalks.

13002. Construction by cities upon failure of owner and

collection of cost.

13002.1. Ordinances.

13003. Emergency repairs.

§ 13001. Power to lay out and grade sidewalks and compel

construction of sidewalks.

(a) General rule.--Any city may lay out, ordain and

establish sidewalks, curbs, gutters and drains along any street,

and may, with or without petition, require owners of property

abutting any street to construct, pave, curb, repave and recurb

the sidewalks and keep the sidewalks in good repair along their

property at grades and under regulations and specifications as

council may provide.

(b) State highways.--A city shall obtain written consent

from the Department of Transportation if the highway is a State

highway.

§ 13002. Construction by cities upon failure of owner and

collection of cost.

(a) General rule.--Upon failure of any owner of property

abutting any street to construct, pave, curb, repave, recurb or

maintain any sidewalk, in accordance with the notice required in

subsection (f), the city, itself or by contract, may complete

the construction, paving, curbing, repaving, recurbing or

maintenance.

(b) Recoupment of costs.--A city may collect the following

from an owner who has failed to complete the construction,

paving, curbing, repaving, recurbing or maintenance of the

20150SB0775PN0834 - 229 -

sidewalk pursuant to notice to do so:

(1) Costs incurred by the city pursuant to subsection

(a).

(2) A penalty of 10% of the costs.

(3) All charges and expenses.

and expenses provided for in subsection (b) shall be a lien upon

the property for which the notice to construct, pave, curb,

repave, recurb or maintain the sidewalk was given.

(d) Duration of the lien.--The lien shall exist from the

time of the completion of the work, which shall be certified in

accordance with section 11504 (relating to certifying

commencement and completion of municipal improvements).

(e) Filing of the lien.--The lien may be filed and proceeded

in as provided by law in the case of municipal liens or may be

collected from the owner by action in assumpsit. Alternatively,

the cost may be borne by the city, in whole or in part, and, if

in part, the rest to be collected as provided by this section.

(f) Service of notice.--Notice of the lien shall be served

upon one of the following:

(1) The owner of property to construct, pave, curb,

repave, recurb or maintain a sidewalk, if that can be done

within the county.

(2) If service cannot be made under paragraph (1), then

notice may be served upon the owner's agent or the party in

possession.

(3) If service cannot be made under paragraph (1) or

(2), notice may be served by posting conspicuously upon the

premises.

(g) Failure to comply.--Council may, by ordinance, provide

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that an owner shall be deemed to have failed to comply if the

work is not completed within a specified period, which may be

more but shall not be less than 45 days after the service or

posting.

§ 13002.1. Ordinances.

All reconstruction, repaving and recurbing of sidewalks may

be included in the ordinance providing for the original

construction, paving and curbing of sidewalks without the

necessity for adopting a new ordinance.

§ 13003. Emergency repairs.

(a) General rule.--Any city may make emergency repairs to

sidewalks, within its corporate limits, if an officer or

designated individual representing the department in charge of

repairs to sidewalks upon inspection determines that a

substantial and immediate danger exists to public health, safety

and welfare.

(b) Written report.--The officer or individual shall prepare

a written report of those conditions which shall be conclusive

evidence of the existence of the emergency justifying the

repair.

provide an additional remedy for cities in connection with

emergency repairs of sidewalks.

(d) Notice.--The following shall apply:

(1) A copy of the written report shall be served upon

the abutting property owner, along with a notice to make

emergency repairs to the sidewalk within 48 hours of service

of the notice and report.

(2) The notice and copy of the report shall be served as

provided in this chapter for constructing and maintaining

20150SB0775PN0834 - 231 -

sidewalks and curbs.

(3) The report shall expressly state that emergency

repairs are required.

(4) If the owner fails to make the emergency repairs

within the prescribed time, the city may make the emergency

repairs to the sidewalk.

(e) Costs.--Upon the completion of any emergency repairs,

the cost of the repairs shall be a charge against the owner of

the abutting property and shall be a lien, until paid, upon the

abutting property, provided a claim is filed for the lien in

accordance with the law providing for the filing and collection

of municipal claims.

(f) Action in assumpsit.--The amount of the claim against

the owner of the abutting property may also be collected from

the owner by an action in assumpsit.

CHAPTER 131

BRIDGES

Sec.

13101. Construction and maintenance of bridges.

13102. Ordinance for location of bridges.

13103. Right to appropriate property.

13110. Agreement for joint construction and maintenance.

13114. Recording of contract.

13115. Power to construct boundary bridges.

13135. Acquisition of existing bridges.

§ 13101. Construction and maintenance of bridges.

(a) General rule.--Cities may locate, build and maintain

bridges, wholly or partially within the city limits, along with

the piers, abutments and approaches appurtenant to the bridges,

to be used as public streets.

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(b) Definition.--As used in this chapter, the term "bridge"

shall mean a structure built to span and provide passage over a

valley, road, railroad track, private property, river, creek,

stream or any other body of water or physical obstacle and shall

include viaducts constructed from a series of spans or arches.

§ 13102. Ordinance for location of bridges.

(a) General rule.--Cities may enact ordinances fixing the

location and providing for the laying out and opening of the

routes or locations for bridges, which shall be public streets.

(b) Procedure.--The procedure for the laying out and opening

of the routes or locations of bridges shall be the same as is

provided by this chapter for the laying out and opening of

streets.

§ 13103. Right to appropriate property.

(a) Failure to agree on damages.--A city that has not agreed

with an owner regarding damages done, or likely to be done, by

the erection of the bridge may take and appropriate the lands

and property necessary to erect the bridge.

(b) Assessment of damages.--The measure of damages for the

taking and appropriation shall be assessed in the same manner

and with like proceedings as provided for property taken,

injured or destroyed under 26 Pa.C.S. (relating to eminent

domain).

§ 13110. Agreement for joint construction and maintenance.

(a) General rule.--The city may enter into an agreement with

any political subdivision, public agency, public utility or any

other person interested and by law authorized to enter into an

agreement, or with any or all of them, for the laying out,

construction, improvement and maintenance of any bridge and for

the payment of any damages caused by the action.

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(b) Requirements of agreement.--An agreement authorized

under subsection (a) shall provide for the following:

(1) Respective duties, obligations and responsibilities

of the parties to the agreement, including construction and

maintenance of the bridge.

(2) Payments relating to and damages caused by the

construction and maintenance.

subsection (a) has been entered into, the city and the other

parties to the agreement shall have the authority to do the

following:

(1) Prepare plans or specifications of the entire work.

(2) Advertise for bids in the manner required by law.

(3) Award the contract to the lowest responsible bidder.

(d) Liability.--The city shall be liable to the contractor

for only the part of the contract price as it has agreed to pay

by the agreement under subsection (a) but it shall, in addition,

be liable to the contractor for any money actually paid into the

city treasury by the other parties pursuant to the terms of the

agreement.

§ 13114. Recording of contract.

Any of the contracts provided for under this chapter may be

recorded in the office of the recorder of deeds in the proper

county. The record shall be notice to all persons who might be

affected by the contract.

§ 13115. Power to construct boundary bridges.

Whenever a creek, over which a bridge may be necessary, shall

be on the division line of a city and another municipality, the

city may enter into an intergovernmental agreement pursuant to

53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

20150SB0775PN0834 - 234 -

cooperation) with the municipality for the construction and

maintenance of a bridge and for apportionment of the costs.

§ 13135. Acquisition of existing bridges.

(a) General rule.--A city may purchase, condemn, maintain

and use any public toll bridge crossing any river or stream

within the limits of the municipality, together with the

approaches and appurtenances to the toll bridge.

(b) Cost.--A city may enter into contracts with the county

commissioners or the legislative body in a county that has

adopted a home rule charter of the proper county for the county

to pay a portion of the cost of purchase, condemnation and

maintenance.

CHAPTER 132

SANITARY SEWERS

Sec.

13201. Construction of sanitary sewers , cost and eminent

domain.

13201.1. Required connection and fees.

13206. Construction of sanitary sewage treatment works.

13213.1. Rental fees or charges.

13222.1. Acquisition of existing sanitary sewer systems.

13230. Sewers outside cartway and curb lines.

13240. Building joint sewers.

13241. Approval of Department of Environmental Protection.

13245.1. Connection to existing municipal sanitary sewer.

13250. Sewers extended outside of city.

§ 13201. Construction of sanitary sewers , cost and eminent

domain.

(a) General rule.--A city shall have the power to construct

and reconstruct, or cause to be constructed or reconstructed, in

20150SB0775PN0834 - 235 -

its streets and over and across public and private lands or

property, sanitary sewers of all kinds, main or local, with

extensions and with lateral and branch sewers, including house

connections to the curb.

(b) Cost.--The cost and expense of construction and

reconstruction in accordance with subsection (a) may be paid out

of the general revenues or special money raised for that

purpose, or assessed, in whole or in part, upon property

benefited, improved or accommodated, as provided for in Chapter

145A (relating to assessments for public improvements).

eminent domain to effectuate the purposes of this section. The

damages for property taken, injured or destroyed shall be

ascertained and paid as provided in 26 Pa.C.S. (relating to

eminent domain).

§ 13201.1. Required connection and fees.

(a) General rule.--In addition to paying for the cost and

expense of construction or reconstruction in accordance with

section 13201(b) (relating to construction of sanitary sewers ,

cost and eminent domain ), a city may, by ordinance, require

connection to a sanitary sewer system provided by the city or a

municipal authority serving the city.

(b) Cost.--As a condition of connection to a city-owned

sewer collection, treatment or disposal facility, a city may

impose and charge the following to property owners who desire to

or are required to connect to the sanitary sewer system:

(1) A connection fee.

(2) A customer facilities fee.

(3) A tapping fee.

(4) Similar fees, as enumerated and defined by 53

20150SB0775PN0834 - 236 -

Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

§ 13206. Construction of sanitary sewage treatment works.

(a) General rule.--A city may construct, or cause to be

constructed, sanitary sewage treatment works, which may be part

of the same improvement and under the same contract as sanitary

sewers.

(b) Location of construction.--Sewage treatment works may be

erected within or outside the limits of the city.

acquire, by eminent domain or otherwise, property within or,

subject to the limitations in 26 Pa.C.S. § 206 (relating to

extraterritorial takings), outside the limits of the city deemed

necessary for the treatment works and the sewers leading to the

treatment works.

§ 13213.1. Rental fees or charges.

(a) General rule.--All persons whose property is connected

to a sanitary sewer system shall pay a monthly, quarterly,

semiannual or annual charge to the city, in addition to the cost

of making the connection. The charges shall be imposed by the

city in accordance with procedures approved by council. Until

paid, a charge shall constitute a lien against the property

connected to the sanitary sewer system and the amount of the

charge may be recovered by due process of law through an action

in assumpsit in the name of the city against the owner of the

property charged or by a lien filed in the nature of a municipal

lien.

(b) Calculation of fees.--All water utilities supplying

water to users within the boundaries of any city shall, at the

request of council, furnish to the city, at reasonable times

agreed to by the city and water utilities, a list of all water

20150SB0775PN0834 - 237 -

meter readings and flat-rate water bills and the basis for each

flat-rate water charge so that the data may be used in

calculating sewer rental fees. The city may reimburse utilities

for clerical and other expenses incurred in the preparation of

the lists.

construed to repeal or modify any of the provisions of 66

Pa.C.S. (relating to public utilities).

(d) Fund.--Subject to subsection (e), all sanitary sewer

rentals received shall be deposited in a special fund to be used

only for the payment of the cost of administration,

construction, reconstruction, repair, operation and maintenance

of the sanitary sewer system.

(e) Transfer of funds.--Notwithstanding the provisions of

the act of July 18, 1935 (P.L.1286, No.402), entitled "An act

empowering counties, cities, boroughs, incorporated towns, and

townships to charge and collect from owners of and water users

in property served thereby, annual rentals, rates or charges for

the use of certain sewers, sewerage systems and sewage treatment

works, including charges for operation, inspection, maintenance,

repair, depreciation, and the amortization of indebtedness and

interest thereon; empowering counties, cities, boroughs,

incorporated towns and townships to contract with authorities

organized by cities of the second class, by cities of the second

class A, by counties or by cities of the third class for sewer,

sewerage and sewage treatment services; to grant, convey, lease,

transfer, encumber, mortgage and pledge to such authorities,

their sewers, sewerage systems and sewage treatment works; to

assign and pledge to such authorities rentals, rates and charges

charged and collected by them for the use thereof, and to assign

20150SB0775PN0834 - 238 -

to such authorities their power to charge and collect the same;

and validating all the contracts, grants, conveyances, leases,

transfers, assignments, encumbrances, mortgages and pledges

heretofore made," or any other law, council may transfer part of

the sanitary sewer rentals in the special fund to the city

general fund to meet immediate general financial obligations or

to ensure adequate cash flow for city operations, provided that

money transferred from the special fund to the city general fund

shall be repaid to the special fund prior to the end of the

fiscal year or at a date as council may determine.

(f) Notification of service.--If a city has agreed to

provide sanitary sewer service to a residential dwelling unit in

which the owner does not reside, the city shall notify the owner

and the tenant within 30 days after the tenant's bill for that

service first becomes overdue. The notification shall be

provided by first class mail to the address of the owner

provided to the city by the owner and to the billing address of

the tenant, respectively.

(g) Construction.--Nothing in this subsection shall be

construed to relieve the owner of liability for the service

unless the city fails to provide the notice under this section.

§ 13222.1. Acquisition of existing sanitary sewer systems.

(a) General rule.--A city may, by ordinance, acquire all or

part of an existing sanitary sewer system or community

subsurface sanitary sewage collection and treatment system.

(b) Means of acquisition.--A city may acquire a sewer system

under subsection (a) by any of the following means:

(1) By purchase, when the city and the owner can agree

on a price of not more than the actual value of the sanitary

sewer system or part of the system to be transferred.

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(2) By deed of dedication to the city by the owner of

the sanitary sewer system or part of the system.

(3) If the facilities are within the city, by the

exercise of eminent domain.

system or community subsurface sanitary disposal collection and

treatment system is acquired by purchase or eminent domain under

this section, the cost of acquisition may be distributed or

assessed under this part when a s anitary sewer system is

constructed by the city.

(d) Acquired systems.--A city has the same rights, powers

and duties with respect to acquired sanitary sewer systems as

the city would have with respect to sanitary sewer systems

constructed by the city.

§ 13230. Sewers outside cartway and curb lines.

(a) General rule.--Cities may require and permit sanitary

sewers and sewer pipes to be laid and constructed outside the

cartway and the curb lines of the cartway in any street or

highway.

(b) Use.--The sanitary sewers shall be for the service and

use of the property on the side of the street or highway in

which they are laid.

sanitary sewer laid and constructed in accordance with

subsection (a) may be assessed against the property benefited,

improved and accommodated by the sanitary sewer.

§ 13240. Building joint sewers.

(a) General rule.--Cities may, jointly with other

municipalities or municipal authorities, do the following:

(1) Build and construct sanitary sewers, including

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trunk-line sewers or drains and sewage treatment works.

(2) Connect into the system existing sanitary sewers.

(3) Assess respective portions of the cost of an action

under this subsection , or so much of the cost as may be

legally assessable, upon the property benefited, improved and

accommodated by the improvement pursuant to Chapter 145A

(relating to assessments for public improvements).

(b) Costs.--Any portion of the cost of an improvement not

assessed or not assessable shall be paid as agreed upon by the

respective cities and other municipalities or municipal

authorities.

or municipal authorities joining or contemplating joining in an

improvement under subsection (a) in order to facilitate the

securing of preliminary surveys and estimates and the building

of the improvement may, by ordinance or resolution, provide for

the appointment of a joint sewer board composed of one

representative from each of the cities and other municipalities

or municipal authorities joining, which shall act generally as

the advisory and administrative agency in securing surveys and

estimates, the construction of the improvement and its

subsequent operation and maintenance.

(d) Length of service on board.--Members of the board shall

serve for a term of six years from the date of appointment and

continue to serve until successors are appointed.

(e) Membership.--The joint sewer board shall organize by the

election of a chair, vice chair, secretary and treasurer.

(f) Agreement of parties.--Cities and other municipalities

or municipal authorities may, in the ordinances and resolutions

creating the joint sewer board, authorize the board to:

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(1) Appoint an engineer, a solicitor and other

assistants as are deemed necessary.

(2) Enter into an agreement with respect to the share of

compensation of an appointee under paragraph (1) the city,

municipality or municipal authority is responsible for.

(g) Compensation for board members.--The members of the

joint sewer board shall receive compensation for attending

meetings of the board, as shall be fixed in the budget prepared

by the board for submission to and adoption by the cities and

other municipalities or municipal authorities as provided in

subsection (h).

(h) Budget.--The budget item providing for the compensation

to members for attending meetings shall not exceed a total of

$250 per year and the following shall apply:

(1) No member shall be paid un less the member attends a

meeting of the board.

(2) The fee for each attendance shall be stipulated.

(3) Members shall be entitled to actual expenses to be

paid by the respective cities and other municipalities or

municipal authorities which the members represent.

(i) Power of board.--The joint sewer board shall have the

power to adopt rules and regulations to govern its proceedings

and shall prepare and suggest any practical measures and plans

by means of which the joint improvement may be carried to

successful completion, and the future development of the system,

so as to conform to a general plan, is assured and safeguarded.

(j) Submission of joint assessment.--

(1) The joint sewer board shall have power to prepare a

joint agreement or agreements for submission to and adoption

by cities and other municipalities or municipal authorities

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which shall set forth:

(i) The advisory and administrative powers of the

board.

(ii) The consent of each city and other municipality

or municipal authority to the proposed improvement.

(iii) The manner in which preliminary and final

plans, specifications and estimates for the proposed

improvement shall be prepared and adopted.

(iv) How proposals for bids shall be advertised and

contracts let.

(v) The manner in which the costs of the improvement

and other incidental and preliminary expenses in

connection with the improvement, and the future cost of

operation and maintenance, shall be equitably shared,

apportioned and paid.

(vi) Other matters including the preparation and

submission of annual and other budgets as may be deemed

necessary or required by law to carry the proposed

improvement to completion and to assure future

maintenance and operation of the improvement.

(2) Nothing contained in this subsection shall authorize

the board to make any improvement or expend any public money

which has not first been authorized by all of the cities and

other municipalities or municipal authorities proceeding with

the improvement.

(k) Eminent domain.--

(1) If it is necessary to acquire, appropriate, injure

or destroy private pro perty of any kind to build any joint

sewer improvement and the private property cannot be acquired

by purchase or gift, the right of eminent domain shall vest

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in the city or other municipalities or municipal authorities

where the property is located.

(2) If it is necessary to acquire, injure or destroy

property of any kind in any territory not within the limits

of any of the cities and other municipalities or municipal

authorities joining in the improvement, subject to the

limitations in 26 Pa.C.S. § 206 (relating to extraterritorial

takings), the right of eminent domain shall be vested in any

city and other municipalities or municipal authorities

joining in the sewer improvement.

(l) Damages.--Damages for any property taken, injured or

destroyed shall be assessed as provided by the general laws

relating to the cities and other municipalities or municipal

authorities exercising the right of eminent domain and , pursuant

to the procedures of 26 Pa.C.S. (relating to eminent domain) if

applicable, shall be paid by cities and other municipalities or

municipal authorities joining in the same proportion as other

costs of the improvement.

(m) Indebtedness.--Each of the cities joining in an

improvement authorized by this section shall have power to incur

or increase its indebtedness in accordance with 53 Pa.C.S. Pt.

VII Subpt. B (relating to indebtedness and borrowing), for the

purpose of paying its share or portion of the costs of the

improvement.

§ 13241. Approval of Department of Environmental Protection.

No sewer or plant shall be constructed until plans and

specifications have been submitted to the Department of

Environmental Protection and approved in accordance with

provisions of applicable law .

§ 13245.1. Connection to existing municipal sanitary sewer.

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(a) General rule.--A city may, by agreement, connect with an

existing sanitary sewer owned by any municipal corporation or

municipal authority for either sanitary sewage collection or

treatment purposes.

(b) Petition court of common pleas.--When a city desires to

connect with the existing sewer of any municipal corporation or

municipal authority and no agreement has been reached between

the city and the municipal corporation or municipal authority,

council shall present a petition to the court of common pleas

setting forth those facts. The court shall fix a date for a

hearing and notify all interested parties of the date.

determines that the connection can be made without impairing the

usefulness of the existing sanitary sewer system, the court

shall appoint three viewers to:

(1) View the premises.

(2) Investigate the facts of the case.

(3) Assess the necessary costs and expenses of making

the connection.

(4) Assess the proportionate part of the expense of

building the original sanitary sewer system upon the city.

(d) Determination of the court.--The court shall determine

the proportion of the expense for repairs that each city,

municipal corporation and municipal authority bears and shall

determine all other questions liable to arise in connection with

the repairs.

(e) Report.--The viewers shall submit a report to the court

with the result of their investigation, which shall be confirmed

within 30 days, unless exceptions to the report are filed.

(f) Appeal.--After confirmation of the report or the

20150SB0775PN0834 - 245 -

disposal of any exceptions, any party interested may appeal the

decision of the court of common pleas.

§ 13250. Sewers extended outside of city.

(a) General rule.--A city with a sanitary sewer system may

extend the system and construct sewers beyond the city's

boundaries into adjoining municipalities in the county where the

city is located and furnish sewer facilities to, and permit the

tapping and the connection with the sewer facilities by, any

person and municipality in the county where the city is located

in accordance with law and the rules and regulations of the

Pennsylvania Public Utility Commission.

(b) Limitation.--This section does not authorize a city to

extend a sewer age system or construct sewers in territory

outside the boundaries of the cities in which sewerage

facilities are furnished by a private company or by a

municipality authority.

CHAPTER 134

WATERCOURSES, FLOOD PROTECTION PROJECTS

AND STORM WATER SYSTEMS

Sec.

13401. Establishing and changing watercourses, flood protection

projects and storm water systems.

13407. Assessment of benefits and liens.

13408. Waters excepted.

§ 13401. Establishing and changing watercourses, flood

protection projects and storm water systems.

(a) General rule.--Subject to obtaining, if required, the

authorization of the Federal Government and the Department of

Environmental Protection, a city may, by ordinance, do any of

the following:

20150SB0775PN0834 - 246 -

(1) Realign, change or vacate the channels, beds and

mouths of watercourses through lands, marshes or waters in or

adjacent to the city, subject to the limitations in the act

of August 7, 1936 (1st Sp.Sess., P.L.106, No.46), referred to

as the Flood Control Law, the act of June 22, 1937 (P.L.1987,

No.394), known as The Clean Streams Law, the act of November

26, 1978 (P.L.1375, No.325), known as the Dam Safety and

Encroachments Act, and 26 Pa.C.S. § 206 (relating to

extraterritorial takings).

(2) Confine, pave or completely enclose watercourses

within the city.

(3) Prevent and remove obstructions and encroachments

from watercourses and the banks of streams that threaten or

injure the city or property in the city at the expense of

those that caused the obstruction or encroachment through

proceedings at law or equity.

(4) Construct and maintain dams in a watercourse flowing

through the city, or partly within and partly outside its

corporate limits, for the purpose of improving the public

health, safety and welfare in the city.

(5) Plan and provide for projects, infrastructure and

improvements as a means of managing and controlling storm

water, which may include, but need not be limited to, the

transport, storage and infiltration of storm water and other

innovative techniques identified in the county-prepared

watershed plans pursuant to the act of October 4, 1978

(P.L.864, No.167), known as the Storm Water Management Act.

(6) Plan and provide for projects, infrastructure and

improvements as a means of providing flood protection

pursuant to the Flood Control Law.

20150SB0775PN0834 - 247 -

(b) Condemnation and taking of property.--A city may, for

the purpose of this section, purchase, acquire, enter upon,

take, use and appropriate private property and materials as

necessary. Condemnation proceedings shall be pursuant to the

procedures in 26 Pa.C.S. (relating to eminent domain) and any

takings of property outside the limits of the city shall be

subject to the limitations in 26 Pa.C.S. § 206.

§ 13407. Assessment of benefits and liens.

(a) General rule.--With regard to improvements made pursuant

to section 13401(a) (relating to establishing and changing

watercourses, flood protection projects and storm water

systems), a city may, if feasible, assess the benefits upon

property benefited by the improvements pursuant to Chapter 145A

(relating to assessments for public improvements).

(b) Lien.--The assessments of benefits shall become liens

upon the property assessed.

collected in the same manner as municipal claims are collected

or they may be collected by action of assumpsit, however, the

lien of the judgment is limited to the property assessed.

§ 13408. Waters excepted.

Nothing contained in this chapter shall apply to any

watercourse used by any municipality or water company as a

source of supply, unless the municipality or water company shall

consent to the vacation or alteration.

CHAPTER 135

UTILITY SERVICE

Sec.

13501.1. Right to furnish water, lighting, electric, gas or

other similar utility service.

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13540.1. Power to furnish utilities to consumers outside city.

13585. Payment of cost of extensions.

13587. Fixing rates.

13588. Collection of utility charges.

13590. Disposition of revenues.

§ 13501.1. Right to furnish water, lighting, electric, gas or

other similar utility service.

(a) Authority of city.--A city may supply water, lighting,

electric, gas or other similar utility service for public and

private uses within the city. For these purposes, a city may

install, maintain and operate the necessary facilities and

acquire property and make improvements as needed. In carrying

out the authority granted by this section, a city may exercise

the powers granted to it under this chapter or another law

deemed necessary to carry out the purposes of this section,

including the power to acquire, by eminent domain or otherwise,

and the power to temporarily use or lease property.

(b) Rates and charges.--A city supplying water, lighting,

electric, gas or other similar utility service may fix the rates

and charges applicable to the service in accordance with section

13587 (relating to fixing rates).

city may incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt.

B (relating to indebtedness and borrowing).

§ 13540.1. Power to furnish utilities to consumers outside

city.

A city that provides utility service in accordance with

section 13501.1 (relating to right to furnish water, lighting,

electric, gas or other similar utility service) may provide

utility service in a surrounding municipality that is not

20150SB0775PN0834 - 249 -

provided with utility service by another municipality, local or

regional public authority or private company, subject to and in

accordance with applicable law and the rules and regulations of

the Pennsylvania Public Utility Commission with regard to the

character of service, extensions and rates.

§ 13585. Payment of cost of extensions.

When an extension of pipes, wires or conduits is made to

permit a city to supply water, light, electric, gas or other

similar utility service to a portion of the city not previously

supplied with the service, an assessment of the cost of the

service may be made in accordance with Chapter 145A (relating to

assessments for public improvements).

§ 13587. Fixing rates.

Council shall fix, or may delegate to a city department the

power to fix, with the approval of council, rates for the use of

water, light, electric, gas or other similar utility service,

and, in the case of consumers outside the city, the fixing of

rates shall be subject to and in accordance with applicable law

and the rules and regulations of the Pennsylvania Public Utility

Commission.

§ 13588. Collection of utility charges.

(a) Authority for ordinance.--Council shall provide, by

ordinance, for the collection of charges for the use of water,

light, electric, gas or other similar utility service that may

accrue to the city, fixing the time when the charges are payable

and the penalties for nonpayment. The charges shall be assessed

to the respective owners of the real estate on which the utility

service is used. If the charges are not paid in accordance with

the provisions of the ordinance, a claim for the amount due may

be filed as a lien and collected in accordance with the

20150SB0775PN0834 - 250 -

Municipal Claim and Tax Lien Law.

(b) Owner liability.--

(1) If a city that has agreed to provide water service

through a separate meter and separate service line to a

residential dwelling unit in which the owner does not reside,

the owner shall be liable to pay the tenant's bill for

service rendered to the tenant by the city only if the city

notifies the owner and the tenant within 30 days after the

bill first becomes overdue. Notification must be provided by

first class mail to the address of the owner provided to the

city by the owner and to the billing address of the tenant,

respectively.

(2) This subsection may not be construed to require a

city to terminate service to a tenant. An owner shall not be

liable for any service which the city provides to the tenant

90 or more days after the tenant's bill first becomes overdue

unless the city has been prevented by court order from

terminating service to that tenant.

§ 13590. Disposition of revenues.

The revenues derived from the city's furnishing of water,

light, electric, gas or other similar utility service shall be

applied as follows:

(1) to the purposes of the respective departments under

the direction of which the utility service is provided;

(2) for the reduction of debt related to the provision

of the service provided under paragraph (1); and

(3) to another city department that provides labor or

materials for the maintenance and repair of property or

facilities relating to the city's provision of a utility

service.

20150SB0775PN0834 - 251 -

CHAPTER 136

PUBLIC BUILDINGS AND WORKS

Sec.

13601. Public buildings generally.

13603. Payment of erection and maintenance costs.

13605. Donation of land by city for library purposes and

contributions toward maintenance.

13606. Rental of public auditorium and disposition of proceeds.

13607. Long-term improvement lease.

§ 13601. Public buildings generally.

(a) Authority of city.--With regard to a public building, a

city may, by ordinance, do any of the following:

(1) erect, purchase, establish or maintain the public

buildings; or

(2) purchase, take, use, occupy or acquire, by any

lawful means, including eminent domain, private land,

buildings and property in order to erect, establish or

maintain a public building.

(b) Included structures.--For purposes of this chapter, a

public building includes not only a building or structure that

council deems necessary for the use of the city, but also

another building and structure to be used for a public purpose,

including a public auditorium, public library, public memorial

building and monument.

§ 13603. Payment of erection and maintenance costs.

A city may:

(1) Appropriate money and incur debt in accordance with

53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing) for the purchase or acquisition of private land,

buildings and property through eminent domain in order to

20150SB0775PN0834 - 252 -

erect or establish a public building.

(2) Appropriate money for the operation and maintenance

of a public building.

§ 13605. Donation of land by city for library purposes and

contributions toward maintenance.

In addition to the power to make an appropriation, donation

or gift for a library purpose in accordance with 24 Pa.C.S. Ch.

93 (relating to public library code), a city may acquire and

donate land for library purposes to a local library as defined

in 24 Pa.C.S. § 9302 (relating to definitions).

§ 13606. Rental of public auditorium and disposition of

proceeds.

In the case of a public auditorium, a city may, by order of

council, charge a rental fee for the use of the public

auditorium. The money derived from the rental of the public

auditorium shall be paid into the city general fund.

§ 13607. Long-term improvement lease.

(a) Authority of city.--A city may lease city real estate on

a long-term improvement lease, at a nominal renta l fee or

otherwise, to a nonprofit corporation for the purpose of

providing an auditorium for a dramatic, musical, artistic,

literary, scientific or patriotic society or event or for

another purpose as may be approved by council.

(b) Term.--A long-term improvement lease:

(1) May not be for a term of more than 99 years.

(2) May provide for a right of renewal for a like term.

(3) Shall contain provisions for the improvement of the

real estate by the lessee by the erection of a suitable

building of dignified and appropriate architecture. The

absolute ownership of the building shall revert to the city,

20150SB0775PN0834 - 253 -

free of claim or charge, at the end of the term of the lease

or a renewal of the lease.

improvement lease may be used for a public purpose, including as

an auditorium for a dramatic, musical, artistic, literary or

scientific event and for the accommodation of a patriotic

society or group or other accommodation and feature, as may be

approved by the city.

(d) Title and local taxation.--The title to property subject

to a long-term improvement lease shall remai n with the city. For

purposes of local taxation, the property subject to a long-term

improvement lease and the leasehold estate created by the lease

shall be deemed to be devoted to a public purpose and public

use.

(e) Lessee.--The lessee under a long-term improvement lease

shall be exclusively liable for the maintenance and upkeep of

the demised premises and shall be solely responsible for the

maintenance and operation of the demised premises.

(f) Lessor.--A long-term improvement lease may provide that

the lessor is entitled to receive a sum equal to the net income

of the demised premises after reasonable reserves and proper

amortization charges.

CHAPTER 137

PARKS, PLAYGROUNDS AND RECREATION CENTERS

Sec.

13703. Acquisition of lands and buildings.

13703.1. Powers of council and delegation.

13705. Creation and composition of recreation board.

13706. Organization of board.

13707. Joint ownership and maintenance.

20150SB0775PN0834 - 254 -

13708. Borrowing.

13709. Maintenance and tax levy.

13709.1. City trust.

13718. Park rangers.

§ 13703. Acquisition of lands and buildings.

By purchase, gift or right of eminent domain, a city may

enter upon, take, use and acquire land, property or a building

for the purpose of making, extending, enlarging and maintaining

a recreation place. The recreation place shall consist of a

public park, parkway, playground, field, gymnasium, public bath,

swimming pool or indoor recreation center. A city may:

(1) Levy and collect a special tax as may be necessary

to pay for the recreation place.

(2) Make appropriations for the improvement,

maintenance, care, regulation and governing of the recreation

place.

(3) Designate and set apart for use, for a purpose

specified in this section, land and a building owned by the

city and not dedicated or devoted to other public use.

(4) Lease land and a building in the city for temporary

use for a purpose specified under this section. Lan d,

property and a building outside the limits of the city may be

purchased or acquired for the recreation place with the

consent of the governing body of the municipal corporation in

which the land, property or building is situated.

§ 13703.1. Powers of council and delegation.

(a) Council.--Council may equip, operate, supervise and

maintain a recreation place and employ a recreation director or

other officer or employee deemed necessary in order to carry out

the provisions of this chapter.

20150SB0775PN0834 - 255 -

(b) Supervision and maintenance.--When more than one-half

the full cost of the supervision and maintenance of the

recreation place, including the compensation of an officer or

employee hired to carry out the provisions of this chapter, are

borne by the city, council may fix the compensation of the

officer or employee.

power under subsection (a) to an existing body or board or to a

recreation board, as council shall determine.

§ 13705. Creation and composition of recreation board.

(a) Establishment.--Council may establish in the city a

recreation board.

(b) Power and responsibilities.--The recreation board shall

possess the powers and responsibilities delegated to it by

council in accordance with section 13703.1(c) (relating to

powers of council and delegation).

shall consist of five or seven individuals.

(d) Appointment and terms.--The members of the recreation

board shall be appointed by the mayor, with the approval of

council, and shall serve for terms no longer than five years.

The terms of the members shall be staggered in a manner that at

least one expires annually.

(e) Compensation.--The members of the recreation board shall

serve without pay.

(f) Vacancy.--A vacancy in the board, other than by

expiration of term, shall be for the unexpired term and shall be

filled in the same manner as the original appointment.

§ 13706. Organization of board.

The members of a recreation board established under this

20150SB0775PN0834 - 256 -

chapter shall elect a chair and secretary and select the other

necessary officers to serve for a period of one year . The board

may adopt rules and regulations for the conduct of all business

within its jurisdiction. A m eeting of the board shall be subject

to the provisions of 65 Pa.C.S. Ch. 7 (relating to open

meetings).

§ 13707. Joint ownership and maintenance.

A city may acquire, jointly with one or more other

municipalities, property for and operate and maintain a

recreation place. A city may join with a school district and

appropriate money for equipping, operating and maintaining a

recreation place.

§ 13708. Borrowing.

Council may borrow money and incur debt in accordance with 53

Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing) for the purpose of acquiring land, a building and

equipment for a recreation place.

§ 13709. Maintenance and tax levy.

An expense incurred in the maintenance and operation of a

recreation place established under this chapter, including the

operation of a recreation program in the recreation place, may

be paid from the city treasury. Council may annually

appropriate, and cause to be raised by taxation in accordance

with section 12531(a)(4) (relating to tax levies), a tax for

this purpose. The funds may be appropriated for the purposes of

this section to an existing body or board or to a recreation

board.

§ 13709.1. City trust.

(a) Authority of city and council.--The following shall

apply:

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(1) A city may receive in trust the estate, money,

assets and real and personal property that has been or will

be bestowed upon the city by donation, gift, legacy,

endowment, bequest, devise, conveyance or other means for:

(i) the purpose of establishing or maintaining a

public park; or

(ii) another public purpose for the use and benefit

of the residents of the city.

(2) For the purposes of the trust, council may control

the estate, money, assets and real and personal property

received under this subsection.

(3) The authority provided under this subsection shall

be in addition to the other powers conferred by law.

(b) Transfer of control.--The following shall apply:

(1) Control of a city trust shall be transferred to

council if the trust has been or is created as a result of a

property or estate having been conveyed, bequeathed or

devised or otherwise given or donated to a city in trust for:

(i) the purpose of establishing or maintaining a

public park; or

(ii) another public purpose for the use and benefit

of the residents of the city.

(2) Upon petition of council, the court of common pleas

in the county where a city is located may transfer control of

the trust to council if necessary to carry out the intention

of this section.

operation of recreation places subject to the trust to a

recreation board in accordance with section 13703.1 (relating to

powers of council and delegation).

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(d) Power of the court.--This section shall not limit a

power of the court to terminate or reform a trust under existing

law.

§ 13718. Park rangers.

(a) Authority of council.--Under the provisions of this

chapter, council may provide, by ordinance, for the selection

and employment of the number of individuals deemed necessary to

act as park rangers, fix compensation and duties and provide for

uniforms.

(b) Authority of park ranger.--To the extent authorized by

53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police

education and training) , an individual a ppointed as a park

ranger under an ordinance passed under the provisions of

subsection (a) shall have, in a park and playground and other

public place in the city and beyond the limits of the city when

the city has acquired land, property and a building for a park

and playground or another public purpose, the same power in

preserving the peace, maintaining order and making arrests as a

police officer has in the city.

be under the supervision, control and direction of the director

of the department of parks and public property or, if none

exists, another department as council directs.

(d) Definition.--For purposes of the act of June 28, 1935

(P.L.477, No.193), referred to as the Enforcement Officer

Disability Benefits Law (Heart and Lung Act), the term "park

ranger," as used in this section, shall mean a park guard.

CHAPTER 141A

UNIFORM CONSTRUCTION CODE,

PROPERTY MAINTENANCE CODE AND RESERVED POWERS

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Sec.

141A01. Primacy of certain codes.

141A02. Changes in Uniform Construction Code.

141A03. Public nuisance.

141A04. Property maintenance code.

141A05. Reserved powers.

§ 141A01. Primacy of certain codes.

(a) Applicability.--The Pennsylvania Construction Code Act

and the Uniform Construction Code adopted under section 301 of

the Pennsylvania Construction Code Act shall apply to the

construction, alteration, repair and occupancy of the buildings

and structures within a city.

(b) Construction.--This chapter and an ordinance, rule or

regulation adopted under this chapter shall not supersede or

abrogate the Pennsylvania Construction Code Act or the Uniform

Construction Code and shall be construed and read in pari

materia with them.

§ 141A02. Changes in Uniform Construction Code.

A city may propose and enact an ordinance to equal or exceed

the minimum requirements of the Uniform Construction Code in

accordance with and subject to the requirements of section 503

of the Pennsylvania Construction Code Act. An ordinance

exceeding the provisions of the Uniform Construction Code must

meet the standards provided in section 503(j)(2) of the

Pennsylvania Construction Code Act.

§ 141A03. Public nuisance.

A building, housing or property erected, altered, extended,

reconstructed, removed or maintained contrary to a provision of

an ordinance enacted for a purpose specified in this chapter may

be reported in accordance with Chapter 127A (relating to

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nuisance abatement) to the department designated to determine

whether a public nuisance exists. If a public nuisance is

determined to exist, the public nuisance may be abated in

accordance with that chapter, provided that a violation of the

Uniform Construction Code or an ordinance that equals or exceeds

the Uniform Construction Code is subject to:

(1) The provisions of the Pennsylvania Construction Code

Act.

(2) The regulations adopted under that act by the

Department of Labor and Industry relating to enforcement for

noncompliance.

§ 141A04. Property maintenance code.

(a) Enactment.--Notwithstanding the primacy of the Uniform

Construction Code, a city may enact a property maintenance

ordinance, including a standard or nationally recognized

property maintenance code or a change or variation. In

accordance with section 11018.13 (relating to standard or

nationally recognized codes), the ordinance may, by reference,

incorporate a standard or nationally recognized property

maintenance code or a variation or change, published and printed

in book form, without setting forth the text of the code in the

ordinance.

(b) Public availability.--The full text of the property

maintenance code need not be published, but, in accordance with

section 11018.9 (relating to publication of proposed

ordinances), it shall be sufficient to publish a summary setting

forth the provisions of the ordinance in reasonable detail and a

reference to a place within the city where copies of the

proposed ordinance may be examined. Not fewer than three copies

of the proposed property maintenance code shall be made

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available to public inspection and use during business hours.

Copies shall also be made available to an interested party in

accordance with the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law, or may be furnished or loaned

without charge.

provide for fines and penalties of not more than $1,000 or

imprisonment for not more than 90 days, or both, for violations.

The procedure set forth under this chapter relating to the

enactment of the ordinance may be utilized in amending,

supplementing or repealing any of the provisions of the

ordinance.

(d) Inspectors.--Council may appoint property maintenance

inspectors who may, subject to constitutional standards in a

similar manner as provided in section 12308 (relating to powers

of board of health), enter upon and inspect the premises at

reasonable hours for the administration and enforcement of the

city's property maintenance code or ordinance incorporating a

standard or nationally recognized property maintenance code. A

fee payable to a property maintenance inspector under the

ordinance must be paid by the property maintenance inspector to

the city treasurer for the use of the city as promptly as

possible .

(e) Additional remedies.--In addition to the penalties

provided by the property maintenance ordinance, the city may

institute an appropriate action or proceeding at law or in

equity to prevent or restrain a property maintenance violation.

(f) Relation to other acts.--The powers of a city as

provided in this section shall be in addition to, but not

limited to, the powers provided in:

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(1) The act of November 26, 2008 (P.L.1672, No.135),

known as the Abandoned and Blighted Property Conservatorship

Act.

(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight

reclamation and revitalization).

(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

§ 141A05. Reserved powers.

If, as a result of legislative action or final order of court

for which the time for appeal has expired and no appeal has been

taken or from which there is no pending appeal, the Uniform

Construction Code or a replacement code is no longer applicable

in a city, a city may:

(1) Enact and enforce an ordinance to govern and

regulate:

(i) construction;

(ii) reconstruction;

(iii) alteration;

(iv) extension;

(v) repair;

(vi) conversion;

(vii) maintenance;

(viii) occupation;

(ix) sanitation;

(x) ventilation;

(xi) heating;

(xii) egress;

(xiii) lighting;

(xiv) electric wiring;

(xv) water supply;

(xvi) toilet facilities;

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(xvii) drainage;

(xviii) plumbing;

(xix) fire prevention;

(xx) fireproofing, including prescribing limitations

under which only buildings of noncombustible material and

fireproofed roofs are used in construction, erection or

substantial reconstruction;

(xxi) use and inspection of all buildings and

housing or parts of buildings and housing, and the roofs,

walls and foundations of the buildings and housing and

all facilities and services in or about the buildings or

housing constructed, erected, altered, designed or used,

in whole or in part, for any use or occupancy; and

(xxii) the sanitation and inspection of land

appurtenant to the buildings and housing.

(1.1) Combine or separately enact or combine the

ordinances under paragraph (1) with the property maintenan ce

code.

(2) Require that, before any work of construction,

reconstruction, alteration, extension, repair or conversion

of a building begins, approval of the plans and

specifications is secured.

(3) Incorporate a standard or nationally recognized code

or a variation or change, published and printed in book form,

without incorporating the text of the code as provided in

Subchapter A.1 of Chapter 110 (relating to ordinances). The

ordinance may provide for fines and penalties of not more

than $1,000 or imprisonment for not more than 90 days, or

both, for violations. The procedure set forth under this

chapter relating to the enactment of the ordinance may be

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utilized in amending, supplementing or repealing a provision

of an ordinance that incorporates all or a part of a standard

or nationally recognized code or a variation or change.

(4) Appoint a building inspector, housing inspector,

property maintenance inspector, fire prevention inspector,

electrical inspector and plumbing inspector and fix

inspectors' compensation. Subject to constitutional standards

in a similar manner as provided in section 12308 (relating to

powers of board of health), the inspector may enter upon and

inspect a premises at reasonable hours for the administration

and enforcement of the city's enacted codes or ordinances

incorporating standard or nationally recognized codes. A fee

payable to an inspector under the ordinance shall be paid by

the inspector to the city treasurer for the use of the city

as promptly as possible.

(5) In addition to the penalties provided by an

ordinance, institute an appropriate action or proceeding at

law or in equity to prevent or restrain the unlawful

construction, reconstruction, alteration, extension, repair,

conversion, maintenance or use or occupation of property

located within the city, to restrain, correct or abate the

violation and to prevent the use or occupancy of the

building, housing or structure.

CHAPTER 142

AERONAUTICS

Sec.

14201. Power to acquire land for aeronautical purposes and

maintenance of municipal airports.

14203. Leasing of land acquired for aeronautical purposes.

14204. Operation of facilities jointly.

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14205. Appropriation for support of air navigation facilities.

§ 14201. Power to acquire land for aeronautical purposes and

maintenance of municipal airports.

A city may establish and maintain a municipal airport and may

acquire by lease, purchase or condemnation proceedings, subject

to the limitations in 26 Pa.C.S. § 206 (relating to

extraterritorial takings), land lying either within or outside

the territorial limits of the city and within or outside the

territorial limits of the county in which the city is located,

that in the judgment of council may be necessary and desirable

for the purpose of establishing and maintaining a municipal

airport, landing field, aviation easement or intermediate

landing field and other air navigation facilities.

§ 14203. Leasing of land acquired for aeronautical purposes.

A city acquiring land for aeronautical purposes may lease the

land or part of the land to an individual or corporation

desiring to use the same for aeronautical purposes.

§ 14204. Operation of facilities jointly.

A city may operate and maintain a municipal airport, landing

field or intermediate landing fields and other air navigation

facility jointly in accordance with 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation).

§ 14205. Appropriation for support of air navigation

facilities.

A city that does not own, lease or operate a municipal

airport, landing field or intermediate landing field or other

air navigation facility may appropriate money for the support

and maintenance of any of the facilities, situate either within

or outside the boundaries of the city or of the county or

counties in which the city is located.

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CHAPTER 143

PENSIONS

Subchapter

A. Police

B. Firefighters

C. Pension for Employees Other Than Police Officers and

City-Paid Firefighters

D. Beneficiaries Serving in Elective Office

SUBCHAPTER A

POLICE

Sec.

14300. Definitions.

14301. Police pension fund.

14302. Retirement and final discharge.

14302.1. Limited vested benefit.

14303. Allowance and service increments.

14303.1. Increase of allowances after retirement.

14303.2. Total disability.

14304. Inalienable rights in fund.

14305. Payments to police pension fund by city.

14306. Management of police pension fund.

14307. Trust for benefit of police pension fund.

14308. Repayment before retirement.

14309. (Reserved).

§ 14300. Definitions.

(a) Chapter.--The following words and phrases when used in

this chapter shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Joint coverage member." A city employee who becomes a

member of the retirement system subsequent to the last date

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permitted by the city for statement or preference concerning

Social Security coverage, or who, having become a member on or

before that date, filed a written statement with a city's

retirement board that the member elects Social Secu rity coverage

under an agreement with the Secretary of Health and Human

Services entered into by the Commonwealth.

"Single coverage member." A city employee who becomes a

member of the retirement system on or before the last date

permitted by the city for statement of preference concerning

Social Security coverage and who either filed a written

statement with the retirement board that the member does not

elect Social Security coverage under any agreement with the

Secretary of Health and Human Services entered into by the

Commonwealth or did not file any written statement with the

retirement board.

(b) Subchapter.--The following words and phrases when used

in this subchapter shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Salary." The fixed amount of compensation paid at regular,

periodic intervals by the city to the member and from which

pension contributions have been deducted.

§ 14301. Police pension fund.

(a) Establishment.--By ordinance, a city shall establish a

police pension fund.

(b) Requirements.--The following shall apply to a police

pension fund established under this section:

(1) The fund shall be maintained by an equal and

proportionate monthly charge against each member of the

police force that may not exceed annually 4% of the pay of

the member and an additional amount not to exceed 1% of the

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pay of the member.

(2) The charges under paragraph (1) shall be paid by the

member or the municipal corporation to provide sufficient

funds for payments required by section 14303(f) (relating to

allowances and service increments).

(3) The payments under paragraph (2) shall be made to a

surviving spouse even if the spouse remarries or, if no

spouse survives or if the individual survives and

subsequently dies, to the children under 18 years of age of:

(i) a member of the police force;

(ii) a member retired on pension; or

(iii) a member who died in service.

(4) The fund shall be under the direction and control of

council but may be committed to the custody and management of

an officer of the city or to another person , as may be

designated by council by ordinance.

(5) Under regulations as council may prescribe by

ordinance, the fund shall be applied for the benefit of:

(i) members of the police force that have received

honorable discharge from the police force by reason of

age or disability;

(ii) surviving spouses even if they remarry; or

(iii) if no spouse survives or if the individual

survives and subsequently dies, the child or children

under 18 years of age of:

(A) members of the police force; or

(B) members retired on pension.

(6) An allowance made to an individual who retired by

reason of a disability or age shall be in conformity with a

uniform scale, together with a service increment as provided

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under this chapter.

(7) Compensation paid to a corporate custodian of the

police pension fund shall be paid from the city general fund.

§ 14302. Retirement and final discharge.

(a) Requirements for ordinance.--With regard to continuous

service and minimum retirement age requirements, the ordinance

establishing the police pension fund shall prescribe as follows:

(1) A minimum period of continuous service of not less

than 20 years.

(2) If a minimum retirement age is prescribed, a minimum

age of 50 years.

(b) Retired member.--If not unfit by reason of age,

disability or otherwise, a retired member shall be subject to

service as a police reserve under terms and conditions as may be

established by council.

member of the police pension fund shall be entitled to have full

credit for each year or fraction of a year, not to exceed five

years, of the service upon the member's payment to:

(1) the police pension fund of an amount equal to that

which the member would have paid had the member been a member

during the period for which credit is desired; and

(2) the fund of an additional amount as the equivalent

of the contributions of the city on account of the military

service.

To be eligible under this subsection, the member must be a

contributor who served in the armed forces of the United States

after September 1, 1940, and was not a member of the police

pension fund prior to the military service.

§ 14302.1. Limited vested benefit.

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(a) Ordinance.--The ordinance establishing a police pension

fund may provide for a limited vested benefit if the benefit

would conform to section 305 of the act of December 18, 1984

(P.L.1005, No.205) , known as the Municipal Pension Plan Funding

Standard and Recovery Act.

(b) Requirements.--Under a limited vested benefit, a member

of the police pension fund who has not completed the minimum

period of continuous service requirement and satisfied an

applicable minimum age requirement, but who has completed 12

years of full-time service shall be entitled to vest the

member's retirement benefits subject to the following

conditions:

(1) The member must file with the management board of

the police pension fund a written notice of the member's

intention to vest.

(2) The member must include in the notice the date the

member intends to terminate the member's service as a full-

time police officer.

(3) The termination date shall be at least 30 days later

than the date of notice to vest.

(4) The member must be in good standing with the police

department on the date of the notice to vest.

(5) The board shall indicate on the notice to vest the

rate of the monthly pay of the member as of the date of the

notice to vest or the highest average annual salary which the

member received during any five years of service preceding

that date, whichever is higher.

been the member's retirement date if the member continued full-

time employment with the police department, the member shall

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notify the board, in writing, that the member desires to collect

the member's pension.

(d) Amount of retirement benefits.--The amount of retirement

benefits the member is entitled to receive under this section

shall be computed as follows:

(1) The initial determination of the member's base

retirement benefits shall be computed on the salary indicated

on the notice to vest.

(2) The portion of the base retirement benefits due the

member shall be determined by applying to the base amount the

percentage that the member's years of service rendered bears

to the years of service that would have been rendered if the

member continued to be employed by the department until the

member's minimum retirement date.

§ 14303. Allowance and service increments.

(a) Allowance.--A payment for an allowance shall only be a

charge on the police pension fund and may not be a charge on

another fund under the control or in the city treasury.

(b) Apportionment of the pension.--The basis of the

apportionment of the pension:

(1) shall be determined by the rate of the monthly pay

of the member at the date of injury, death, honorable

discharge, vesting under section 14302.1 (relating to limited

vested benefit) or retirement, or the highest average annual

salary that the member received during any five years of

service preceding injury, death, honorable discharge, vesting

under section 14302.1 or retirement, whichever is higher.

(2) except as to service increments provided for in

subsection (d), may not exceed in a year one-half the annual

pay of the member computed at the monthly or average annual

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rate, whichever is higher.

(1) The provisions of subsection (b)(2) may not apply to

a city operating under:

(i) an optional charter adopted in accordance with

the act of July 15, 1957 (P.L.901, No.399), known as the

Optional Third Class City Charter Law; or

(ii) a home rule charter adopted in accordance with

53 Pa.C.S. Pt. III Subpt. E (relating to home rule and

optional plan government).

(2) This subsection is applicable only to a city that

had a pension plan in effect prior to July 1, 1931, that

provided pensions in an amount greater than 50% of salary.

(d) Conditions.--In addition to the retirement allowance

authorized to be paid from the police pension fund by this

chapter and notwithstanding the limitations placed upon the

retirement allowances and upon contributions, a contributor who

becomes entitled to the retirement allowance shall be entitled

to the payment of a service increment in accordance with and

subject to the following conditions:

(1) The following shall apply:

(i) Service increment shall be the sum obtained by

computing:

(A) the number of whole years after having

served the minimum required by this chapter during

which a contributor has been employed by the city and

paid out of the city treasury, including credit for

military service as provided in section 14302

(relating to retirement and final discharge); and

(B) multiplying the number of years computed

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under clause (A) by an amount equal to 0.025% of the

retirement allowance that has become payable to the

contributor in accordance with the provisions of this

chapter .

(ii) In computing the service increment, employment

after the contributor has reached 65 years of age may not

be included and a service increment may not be paid in

excess of $100 per month.

(2) From and after January 1, 1952, a contributor shall

pay into the retirement fund a monthly sum in addition to the

contributor's retirement contribution that shall be equal to

one-half of 1% of the contributor's salary, provided that:

(i) the payment may not exceed the sum of $1 per

month; and

(ii) the service increment contribution may not be

paid after a contributor has reached 65 years of age.

(3) An individual who is a contributor on January 1,

1952, and has reached 65 years of age shall have the

contributor's service increment computed on the years of

employment prior to the date the contributor reached 65 years

of age.

(4) A service increment contribution shall be paid at

the same time and in the same manner as a retirement

contribution. A service increment contribution may be

withdrawn in full without interest by an individual who:

(i) left the employment of the city, subject to the

same conditions by which a retirement contribution may be

withdrawn; or

(ii) retires before becoming entitled to a service

increment.

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(5) The members of the police force who are now

contributors to the retirement fund and the members employed

by the city after January 1, 1952, if required to become

contributors to the retirement fund, shall be subject to the

provisions of this part .

(6) After June 19, 2002, a city may agree to make

service increment payments in excess of $100 per month as

long as the payments do not exceed $500 per month. In

computing the service increments, employment after the

contributor has reached 65 years of age may not be included,

provided that an agreement to provide an increase in service

increment payments shall include a proportionate increase in

the amount a contributor shall pay into the retirement fund

under paragraph (2), not to exceed $5 per month.

(e) Spouse and children.--The spouse of a member of the

police force or a member who retires on pension who dies or, if

no spouse survives or if the spouse survives and subsequently

dies or remarries, the child or children under 18 years of age

of a member of the police force or a member who retires on

pension who dies on or after August 1, 1963, shall, during the

lifetime of the surviving spouse, even if the surviving spouse

remarries, or until reaching 18 years of age in the case of a

child or children, be entitled to receive a pension calculated

at the rate of 50% of the pension the member was receiving or

would have been receiving if the member was retired at the time

of the member's death and may receive the pension the member was

receiving or would have been receiving had the member been

retired at the time of the member's death.

(f) Certain police officers.--A police officer who has less

than 10 years of service and who dies or is totally disabled due

20150SB0775PN0834 - 275 -

to injuries or mental incapacities not in the line of duty and

is unable to perform the duties of a police officer may be

entitled to a pension of 25% of the police officer's annual

compensation. For death or injuries received after 10 years of

service, the compensation may be 50% of the police officer's

annual compensation.

(g) Disability pension.--The disability pension may be

payable to the police officer during the police officer's

lifetime and, if the police officer dies, the pension payment

that the police officer was receiving may be continued to be

paid to:

(1) the police officer's spouse if the spouse survives;

(2) if the spouse subsequently dies or remarries, the

child or children under 18 years of age of the police

officer.

§ 14303.1. Increase of allowances after retirement.

(a) Increase of allowance.--Upon the recommendation of the

persons having custody and management of the police pension

fund, a city may, at its discretion, increase the allowance of

individuals receiving an allowance from the police pension fund

by reason of and after the termination of the services of a

member of the fund.

(b) Limitation.--An increase made under this section must be

in conformity with a uniform scale that may be based on the cost

of living, but the total of the allowance may not exceed one-

half of the current salary being paid patrol persons of the

highest pay grade.

§ 14303.2. Total disability.

(a) Injury sustained in the line of duty.--Notwithstanding

20150SB0775PN0834 - 276 -

any provision of this chapter, a police officer who becomes

totally disabled due to an injury sustained in the line of duty

shall be deemed to be fully vested in the police pension fund,

regardless of the actual number of years of credited service,

and shall be eligible for immediate retirement benefits.

(b) Claim and proof.--The governing body of the city shall

decide a claim under this section. Proof of disability shall be

by competent medical evidence provided by the claimant. The

governing body of the city may, at any time, have the claimant

examined by its own physician.

as the regulations of council prescribe. Hearings and appeals

shall be as provided in 2 Pa.C.S. (relating to administrative

law and procedure).

(d) Subrogation.--The police pension fund shall be

subrogated to the right of the claimant to the extent of a

payment made under the act of June 2, 1915 (P.L.736, No.338) ,

known as the Workers' Compensation Act, or the act of June 28,

1935 (P.L.477, No.193) , referred to as the Enforcement Officer

Disability Benefits Law (Heart and Lung Act).

(e) Definition.--As used in this section, the term "total

disability" means permanent mental or physical impairment that

renders the police officer unable to perform the officer's

duties.

§ 14304. Inalienable rights in fund.

Whenever an individual becomes entitled to receive an

allowance from the police pension fund and has been admitted to

participate in the fund, the individual may not be deprived of

the individual's right to equal and proportionate participation

in the fund on the basis upon which the individual first became

20150SB0775PN0834 - 277 -

entitled to participation.

§ 14305. Payments to police pension fund by city.

Unless otherwise required by the act of December 18, 1984

(P.L.1005, No.205), known as the Municipal Pension Plan Funding

Standard and Recovery Act, or another provision of law, this

section shall govern the payment to the police pension fund of

money raised by a tax levied by the city. The following shall

apply:

(1) A city shall pay annua lly to the police pension fund

a sum of money sufficient to meet the requirements of and to

maintain the fund. In any year, the sum may not be less than

one-half of 1% or more than 3% of the taxes levied by the

city, other than a tax levied to pay interest on or

extinguish the debt of the city.

(2) Council may exceed the limitation imposed by this

section if an additional amount is deemed necessary to

provide sufficient funds for payments to surviving spouses of

members retired on pension, killed or who die in the service,

provided that the city may a nnually pay into the fund not

less than one-half of 1% of the taxes levied by the city,

other than a tax levied to pay interest on or extinguish the

debt of the city.

§ 14306. Management of police pension fund.

Only a person designated in accordance with section 14301(b)

(4) (relating to police pension fund) shall be authorized to

make decisions to hold, receive and distribute the money of the

police pension fund.

§ 14307. Trust for benefit of police pension fund.

By gift, grant, devise or bequest, a city may take money or

real, personal or mixed property in trust for the benefit of the

20150SB0775PN0834 - 278 -

pension fund. The care, management, investment and disposal of

the body of the trust shall be vested in the officer or officers

of the city for the time the council designates. The care,

management and disposal shall be directed by ordinance and the

body of the trust shall be governed by the ordinance, subject to

the directions that are not inconsistent with the ordinance, as

the settlor of the trust may prescribe.

§ 14308. Repayment before retirement.

(a) Refund.--If a contributing member of the police pension

fund ceases to be a member of the police force before becoming

entitled to a pension, the total amount of the contributions

paid into the pension fund by the member shall be refunded to

the member in full, without interest.

(b) Return of amount contributed.-- If the fund has returned

to the member the amount contributed and afterward the

individual again becomes a member of the police force, t he

member shall not be entitled to the pension designated until 20

years after the member's reemployment, unless the member returns

to the police pension fund the amount withdrawn. If a member

returns to the pension fund the amount withdrawn, the period of

20 years shall be computed from the time the member first became

a member of the police force, excluding the period of time

during which the member was not employed by the police force.

force dies not in the line of service before the member becomes

entitled to a pension and the member is not survived by a spouse

or family entitled to payments as provided in this subchapter,

the total amount of contributions paid into the pension fund by

the member shall be paid over to the member's estate.

§ 14309. (Reserved).

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SUBCHAPTER B

FIREFIGHTERS

Sec.

14319. Definitions.

14320. Firefighters' pension fund, management and annuity

contracts.

14320.1. Limited vested benefit for firefighters.

14321. Retirement and final discharge.

14322. Pensions and service increments.

14322.1. Increase of allowances after retirement.

14323. Causes for forfeiture of rights in fund and other

employments.

14324. Payments to firefighters' pension fund by city.

14325. Transfers from other pension funds.

14326. Trusts for benefit of firefighters' pension fund.

14327. Repayment before retirement.

14328. (Reserved).

§ 14319. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Salary." The fixed amount of compensation paid at regular,

periodic intervals by the city to the member and from which

pension contributions have been deducted.

§ 14320. Firefighters' pension fund, management and annuity

contracts.

(a) Duty of city.--Except as provided in this s ubchapter, a

city shall provide an annuity contract or establish, by

ordinance, a firefighters' pension fund.

(b) Monthly charge.--The annuity contract or firefighters'

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pension fund shall be maintained, in part, by an equal and

proportionate monthly charge against each member of the fire

department . The charge may not exceed annually 4% of the pay of

the member and an additional amount not to exceed 1% if deemed

necessary by council to provide sufficient funds for payments to

surviving spouses of members retired on pension, killed or who

die in service.

existing organization or association for the benefit of fully

paid firefighters, constituting and having in charge the

distribution of firefighters' pension money, an annuity contract

may not be provided and a firefighters' pension fund may not be

established under the provisions of this section unless and

until the members of the organization or association, by a two-

thirds vote, elect to transfer the existing fund into the

pension fund required under this section.

(d) Pension fund board.--A firefighters' pension fund

established under the provisions of this section shall be under

the direction and control of a board of managers that shall

consist of the following:

(1) Ex-officio members as follows:

(i) the mayor;

(ii) the director of the department of accounts and

finance;

(iii) the director of the department having charge

of the fire department or, in a city where the mayor is

also the director of the department having charge of the

fire department, the director of the department of public

safety;

(iv) the city controller; and

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(v) the chief of the bureau of fire.

(2) Two members of the fire department to be chosen by

the members of the fire department.

(e) Substitution.--If a city does not establish a department

whose director is named as an ex-officio member of the board of

managers, the director of another department or the officers of

the city as may be designated by council shall be substituted on

the board of managers.

(f) Terms and vacancy.--Of the first members chosen by the

members of the fire department to the board of managers, one

shall be chosen for a term of two years and one for a term of

four years. Biennially after the initial choices, one fire

department member shall be chosen for a term of four years to

take the place of the one whose term expires. In case of vacancy

among the managers chosen by the fire department, a successor

shall be chosen for the unexpired term.

(g) Requirements.--Under regulations prescribed by the board

of managers, the firefighters' pension fund shall be applied for

the benefit of the members of the fire department who receive

honorable discharge from the fire department by reason of

service, age or disability, surviving spouses of retired members

and the families of members who are killed or who die in the

service. A pension to an individual who is retired by reason of

disability, service or age must be in conformity with a uniform

scale, together with service increments as provided under this

subchapter. A benefit from the fund to the family of a member

who was killed or who died in service shall take into

consideration the member's surviving spouse and the member's

minor children under 18 years of age, if any.

§ 14320.1. Limited vested benefit for firefighters.

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(a) Ordinance.--The ordinance establishing a firefighters'

pension fund may provide for a limited vested benefit if the

benefit would conform to section 305 of the act of December 18,

1984 (P.L.1005, No.205) , known as the Municipal Pension Plan

Funding Standard and Recovery Act.

(b) Conditions.--Under a limited vested benefit, if a member

of the firefighters' pension fund has not completed the minimum

period of continuous service and the applicable minimum age

requirement but has completed 12 years of full-time service and

ceased to be employed as a full-time firefighter, the member

shall be entitled to vest the member's retirement benefits

subject to the following conditions:

(1) The member must file with the management board of

the firefighters' pension fund a written notice of the

member's intention to vest.

(2) The member must include in the notice the date the

member intends to terminate service as a full-time

firefighter.

(3) The termination date shall be at least 30 days later

than the date of notice to vest.

(4) The member must be in good standing with the fire

department on the date of notice to vest.

(5) The board shall indicate on the notice to vest the

rate of the monthly pay of the member as of the date of the

notice to vest or the highest average annual salary which the

member received during any five years of service preceding

the date, whichever is higher.

been the member's retirement date had the member continued full-

time employment with the fire department, the member shall

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notify the board in writing that the member desires to collect

the member's pension.

(d) Computation.--The amount of retirement benefits the

member is entitled to receive under this section shall be

computed as follows:

(1) The initial determination of the member's base

retirement benefits shall be computed on the salary indicated

on the notice to vest.

(2) The portion of the base retirement benefits due the

member shall be determined by applying to the base amount the

percentage that the member's years of service rendered bears

to the years of service that would have been rendered had the

member continued to be employed by the department until the

member's minimum retirement date.

§ 14321. Retirement and final discharge.

(a) Ordinance.--With regard to continuous service and

minimum age requirements, the ordinance establishing or

regulations governing the firefighters' pension fund shall

prescribe as follows:

(1) A minimum period of continuous service of not less

than 20 years.

(2) If a minimum age is prescribed, a minimum of 50

years of age.

(b) Retired member.--If not unfit by reason of age,

disability or otherwise, a retired member shall be subject to

service as a firefighter reserve in a case of emergency under

terms and conditions as may be established by council.

member of the firefighters' pension fund shall be entitled to

have full credit for each year or fraction of a year, not to

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exceed five years, of service upon:

(1) the member's payment to the firefighters' pension

fund of an amount equal to that which the member would have

paid had the member been a member during the period for which

the member desires credit; and

(2) the member's payment to the fund of an additional

amount as the equivalent of the contributions of the city

plus the interest the city would have been required to pay on

the contributions on account of the military service. To be

eligible under this paragraph, the member must be a

contributor who served in the armed forces of the United

States after September 1, 1940, and was not a member of the

firefighters' pension fund prior to the military service.

(d) Payments to surviving spouse.--Upon the death of a

member who retires on pension or is killed in service on or

after January 1, 1960, or who dies in the service on or after

January 1, 1968, payments as provided under this subchapter

shall be made to the member's surviving spouse during the life

of the spouse.

§ 14322. Pensions and service increments.

(a) Payments.--The following apply:

(1) Payments of pensions shall only be a charge on the

firefighters' pension fund and shall not be a charge on any

other fund under the control, or in the treasury, of the

city.

(2) The basis of the pension of a member shall be

determined by the monthly salary of the member at the date of

vesting under section 14320.1 (relating to limited vested

benefit for firefighters) or retirement, or the highest

average annual salary which the member received during any

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five years of service preceding retirement, whichever is

higher, whether for disability, or by reason of age or

service, and except as to service increments provided for in

subsection (b), shall be one-half the annual salary of the

member at the time of vesting under section 14320.1 or

retirement computed at the monthly or average annual rate,

whichever is higher.

(3) For payment of pensions to members for permanent

injury incurred in service and to families of members killed

or who die in service, the amount and commencement of the

payment of pensions shall be fixed by regulations of the

board of managers . These regulations shall not take into

consideration the amount and duration of workers'

compensation allowed by law. Payments to surviving spouses of

members retired on pension or killed in service on or after

January 1, 1960, or who die in service on or after January 1,

1968, shall be the amount payable to the member or which

would have been payable had the member been retired at the

time of the member's death.

(a.1) Home rule and optional charter plans.-- The provisions

of subsection (a)(2) shall not apply to a city, whether

operating under an optional charter adopted in accordance with

the act of July 15, 1957 (P.L.901, No.399) , known as the

Optional Third Class City Charter Law or under a home rule

charter adopted in accordance with 53 Pa.C.S. Pt. III Subpt. E

(relating to home rule and optional plan government), which had

pension plans in effect prior to June 19, 2002, th at provided

pensions in an amount greater than 50% of salary.

(b) Service increment.--In addition to the pension which is

authorized to be paid from the firefighters' pension fund under

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this chapter and notwithstanding the limitations placed upon the

pensions and upon contributions under this chapter, every

contributor entitled to the pension shall also be entitled to

the payment of a service increment i n accordance with and

subject to the conditions imposed under this chapter.

(1) A service increment shall be the sum obtained by

computing the number of whole years after having served the

minimum required by this chapter during which a contributor

has been employed by the city and paid out of the city

treasury, including credit for military service as provided

in section 14321 (relating to retirement and final

discharge), and multiplying the number of years by an amount

equal to 0.025% of the retirement allowance which has become

payable to the contributor in accordance with the provisions

of this chapter. In computing the service increment, no

employment after the contributor has reached 65 years of age

shall be included and no service increment shall be paid in

excess of $100 per month.

(2) After September 18, 1968, each contributor shall pay

into the pension fund a monthly sum in addition to the

contributor's pension contribution which shall not exceed the

sum of $1 per month, provided that the service increment

contribution shall not be paid after a contributor has

reached 65 years of age.

(3) Any individual who is a member of the department on

September 18, 1968, and who has reached 65 years of age shall

have the individual's service increment computed on the years

of employment prior to the member reaching 65 years of age.

(4) Service increment contributions shall be paid at the

same time and in the same manner as pensions and may be

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withdrawn in full, without interest, by individuals who leave

the employment of the city, subject to the same conditions by

which retirement contributions may be withdrawn, or by

individuals who retire before becoming entitled to any

service increment.

(5) All members of the fire department who are now

contributors to the pension fund and all those employed by

the city after September 18, 1968, if required to become

contributors to the pension fund, shall be subject to the

provisions of this chapter.

(6) After June 19, 2002, a city may agree to make

service increment payments in excess of $100 per month as

long as the payments do not exceed $500 per month, and, in

computing the service increments, no employment after the

contributor has reached 65 years of age shall be included,

provided that any agreement to provide an increase in service

increment payments shall include a proportionate increase in

the amount each contributor shall pay into the retirement

fund under paragraph (2), not to exceed $5 per month.

§ 14322.1. Increase of allowances after retirement.

(a) Recommendation.--A city may, at any time, at its

discretion and upon the recommendation of the persons having

custody and management of the firefighters' pension fund,

increase the allowances of individuals receiving allowances of

any kind from the fund by reason of and after the termination of

the services of any member of the fund.

(b) Uniform scale.--Increases made pursuant to this section

shall be in conformity with a uniform scale, which may be based

on the cost of living, but the total of the allowances shall

not, at any time, exceed one-half of the current salary being

20150SB0775PN0834 - 288 -

paid firefighters of the highest pay grade.

§ 14323. Causes for forfeiture of rights in fund and other

employments.

(a) Requirement.--Whenever an individual becomes entitled to

receive a pension from the firefighters' pension fund and has

been admitted to participate in the pension fund, the individual

shall not be deprived of the individual's right to participation

in the pension fund on the basis upon which the individual first

became entitled to participation, unless otherwise required by

the act of July 8, 1978 (P.L.752, No.140), known as the Public

Employee Pension Forfeiture Act.

(b) Notice and hearing.--Any termination of a pension shall

be only after due notice and hearing as prescribed by regulation

of the managers of the fund.

§ 14324. Payments to firefighters' pension fund by city.

Unless otherwise required by the act of December 18, 1984

(P.L.1005, No.205), known as the Municipal Pension Plan Funding

Standard and Recovery Act, or by any other provision of law,

this section shall govern the payment of money raised by taxes

levied by the city to the firefighters' pension fund. The

following shall apply:

(1) A city shall pay to the firefighters' pension fund

annually a sum of money not less than one-half of 1% nor more

than 3% of all taxes levied by the city, other than taxes

levied to pay interest on or extinguish the debt of the city.

(2) Council may exceed the limitations imposed by this

section if an additional amount is deemed necessary to

provide sufficient money for payments to surviving spouses of

members retired on pension, killed or who die in service,

provided that the city shall annually pay into the fund not

20150SB0775PN0834 - 289 -

less than one-half of 1% of all taxes levied by the city,

other than taxes levied to pay interest on or extinguish the

debt of the city.

§ 14325. Transfers from other pension funds.

(a) Transfers.--In any city where the members of the fire

department are members of a pension fund not established solely

for the purpose of pensioning members of the fire department, an

amount equal to the money contributed to the other pension fund

by members of the fire department who have not retired and a

just and equitable proportion of the money contributed by the

city to the other pension fund for the future retirement of

members of the fire department shall be transferred from the

other pension fund into the firefighters' pension fund required

under this chapter. The transfers may be made by the transfer of

securities. The amounts to be transferred shall be amicably

adjusted by the managers of the firefighters' pension fund and

the pension board having the charge of the other pension fund.

In case of disagreement as to the amount to be transferred, the

disagreement shall be resolved by council, whose action on the

matter shall be final.

(b) Continuation.--Nothing under this section shall be

construed to relieve any existing pension fund of its liability

to continue the payment of pensions to retired members of the

fire department in accordance with the laws and regulations

under which the members were retired.

§ 14326. Trusts for benefit of firefighters' pension fund.

A city may take, by gift, grant, devise or bequest, any money

or property, real, personal or mixed, in trust for the benefit

of the pension fund. The care, management, investment and

disposal of the body of the trust shall be vested in the officer

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or officers of the city as the city may designate. The care,

management and disposal shall be directed by ordinance and the

body of the trust shall be governed by the ordinance, subject to

directions not inconsistent with the ordinance, as the settlor

of the trust may prescribe.

§ 14327. Repayment before retirement.

(a) Refund.--If a contributing member of the firefighters'

pension fund ceases to be a member of the fire department before

the member becomes entitled to a pension, the total amount of

the contributions paid into the pension fund by the member shall

be refunded in full without interest.

(b) Withdrawals.--If the fund re turns to the member the

amount contributed and afterward the individual again becomes a

member of the fire department, the member shall not be entitled

to the pension designated until 20 years after the member's

reemployment, unless the member returns to the pension fund the

amount withdrawn, in which event the period of 20 years shall be

computed from the time the member first became a member of the

fire department, excluding any period of time during which the

member was not employed by the fire department.

member of the fire department, the total amount of contributions

paid into the pension fund by the member shall be paid over to

the member's estate if any of the following apply:

(1) the death did not occur in the line of duty;

(2) the death occurs before the member becomes entitled

to a pension; and

(3) the member has no surviving spouse or family

entitled to payment s as provided in this subchapter.

§ 14328. (Reserved).

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SUBCHAPTER C

PENSION FOR EMPLOYEES OTHER THAN POLICE OFFICERS

AND CITY-PAID FIREFIGHTERS

Sec.

14339. Definitions.

14340. Pension for employees other than police or city-paid

firefighters.

14341. Pension board and duties.

14342. Retirement age.

14343. Retirement allowance, proof of disability and joint and

single coverage members defined.

14343.1. Retirement allowances, full coverage and payments.

14343.2. Limited vested benefit.

14344. Amount of payments into fund and repayment before

retirement.

14344.1. Determination of liability upon extension of Social

Security.

14345. Payments by laborers optional.

14346. Heads of departments to certify list of employees.

14347. Receipt, investment and payment of funds.

14348. Appropriations and contributions to fund.

14349. Application.

14350. Computation of time of service.

14351. Funds payable to be free of attachment.

14352. (Reserved).

14353. Beneficiaries of fund not to be employed by city.

§ 14339. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Board." A pension board created by a city under section

14341(a) (relating to pension board and duties).

"Employed," "employed by the city" or "in the employment of

any city." The terms include:

(1) Each individual in the service of cities creating a

pension fund and a pension board in accordance with this

subchapter, who are not, on June 28, 1951, otherwise

protected by pensions authorized under this chapter.

(2) A volunteer firefighter who becomes a member of the

pension fund.

"Employees." The term includes:

(1) Each individual in the service of cities creating a

pension fund and a pension board in accordance with this

subchapter, who are not, on June 28, 1951, otherwise

p rotected by pensions authorized under this chapter.

(2) A volunteer firefighter who becomes a member of the

pension fund.

(3) Officers a nd officials of the city, whether elected

or appointed.

"Fund." A pension fund created by a city under section

14340(a) (relating to pension for employees other than police or

city-paid firefighters).

"Volunteer firefighter." A driver of firefighting apparatus

or ambulances, regularly employed and paid by a volunteer fire

company rendering services recognized and accepted by a city.

§ 14340. Pension for employees other than police or city-paid

firefigh ters.

(a) Nonmembers.--Cities may create a pension fund for

employees who are not members of the police force or city-paid

fire department and surviving spouses of retired members if

20150SB0775PN0834 - 293 -

council so elects and the families of employees that are injured

or killed in service in the manner, under the conditions and

subject to the qualifications set forth in this subchapter.

(b) (Reserved).

§ 14341. Pension board and duties.

(a) Members.--Any city which creates a pension fund in

accordance with this subchapter shall establish a pension board

consisting of the mayor, the city controller, the superintendent

of finance, two employees to be chosen by the employees

contributing to the pension fund and, if members of council

participate in the pension fund and are members of the fund, a

member of council chosen by council.

(b) Duties.--It shall be the duty of the board to register

all individuals employed by the city, administer the collections

and distribution of the pension fund and make reasonable rules

as the board may deem necessary.

§ 14342. Retirement age.

In a city which has created a pension fund and board in

accordance with this subchapter, an employee 60 years of age or

older who has been employed for a period of 20 years or more

shall, upon application to the board, be retired from service

and shall, subject to qualifications provided in this subchapter

during the remainder of the employee's life, receive the pension

or compensation fixed by this subchapter.

§ 14343. Retirement allowance, proof of disability and joint

and single coverage members defined.

(a) Entitlement.--

(1) During the lifetime of a n individual employed by a

city creating a fund and board in accordance with this

subchapter shall be entitled to receive 50% of the amount

20150SB0775PN0834 - 294 -

which would constitute the highest average annual salary or

wages which the individual received during the last or any

five years of the individual's employment by the city as a

pension annually, which shall be paid in semi-monthly

payments.

(2) Should an individual with 20 or more years of

service be dismissed, voluntarily retired or be in any manner

deprived of the individual's position or employment before

attaining 60 years of age and upon continuing a monthly

payment to the fund equal to the last amount due and paid

monthly while in active service, the individual shall be

entitled to the pension, notwithstanding that the individual

has not attained 60 years of age at the time of the

individual's separation from the service of the city, but the

pension shall not commence unti l the individual has attained

60 years of age.

(3) If any employee becomes totally and permanently

disabled after 10 years of servic e and before attaining 60

years of age, the individual shall be entitled to the

pension. Proof of total and permanent disability shall

consist of the sworn statement of three practicing

physicians, designated by the board, that the employee is in

a permanent condition of health which would permanently

disable the individual from performing the duties of the

individual's position or office.

(b) (Reserved).

the Commonwealth to place certain employees under the Social

Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), the

pension to be paid joint coverage members according to the

20150SB0775PN0834 - 295 -

provisions of this section payable after the age and upon that

portion of annual compensation on which Social Security benefits

are payable shall be reduced by an amount equal to 40% of the

primary insurance amount of Social Security paid or payable to

the member. The reduction shall be subject to the following

provisions:

(1) Upon attainment of the age at which Social Security

benefits are payable by a beneficiary receiving a pension or

upon retirement of a contributor after attaining that age,

the individual's eligibility to the benefits commonly

referred to as the old age insurance benefit and the primary

insurance amount of Social Security upon which the reduction

in the pension shall be based, shall be computed by the board

in the manner specified in the Social Security Act, except

that in determining the eligibility and the amount, only

wages or compensation for services performed in the employ of

the city shall be included.

(2) The reduction shall not apply to a pension for total

and permanent disability payable under this section.

(3) Whenever the amount of the reduction from the

pension is determined, it shall remain fixed for the duration

of the pension, except that any decrease in the primary

insurance amount under the Social Security Act shall result

in a corresponding decrease in the amount of the reduction

from the pension.

(4) The total sum, including Social Security benefits,

to be received upon retirement by an employee who is a member

of the system at the time of the agreement shall not be less

than the allowance that would be paid by the retirement

system in the absence of the agreement.

20150SB0775PN0834 - 296 -

(d) Surviving spouse payments.--If council elects, by

ordinance, to make the payments, the surviving spouse of an

employee who retired on pension or is killed in service on or

after January 1, 1960, shall, during the surviving spouse's

lifetime or so long as the surviving spouse does not remarry, be

entitled to receive a pension calculated at the rate of 50% of

the pension the member was receiving or would have been entitled

to receive had the member been retired at the time of the

member's death.

§ 14343.1. Retirement allowances, full coverage and payments.

(a) Allowance.--If a city has entered into an agreement with

the Commonwealth to place certain employees under the Social

Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), the board

may authorize any joint coverage member of the retirement system

to elect, according to the provisions of this section, to

receive compensation without the reduction provided for in

section 14343 (relating to retirement allowance, proof of

disability and joint and single coverage members defined),

provided the member shall make a lump-sum payment to the board

or installment payments, as may be approved by the board, equal

to the difference between the amount of the accumulated fund to

the member's credit in the fund as of the last date for which

salary or wages was paid and the amount which would have been to

the member's credit in the fund if contributions had been made

on that portion of the member's salary or wages on which Social

Security allowances are payable at the same rate as made on that

portion of the member's salary or wages in excess of that on

which Social Security allowances are payable, from the time that

the salary or wages became subject to Social Security coverage.

Election shall be made in writing, in the form prescribed by the

20150SB0775PN0834 - 297 -

board, and shall be accompanied by the lump-sum payment or an

agreement as to installment payments.

(b) Election.--The board may authorize a member to make the

election under subsection (a) at any time, and, if made prior to

retirement, the member shall, in addition to any lump-sum or

installment payments required, pay to the board contributions on

the member's entire salary or wages received after the election

at the rate provided in this subchapter for monthly salary or

wages in excess of that on which Social Security allowances are

payable.

§ 14343.2. Limited vested benefit.

(a) Ordinance.--In accordance with this subchapter, an

ordinance creating a fund may provide for a limited vested

benefit if it would conform to section 305 of the act of

December 18, 1984 (P.L.1005, No.205) , known as the Municipal

Pension Plan Funding Standard and Recovery Act.

(a.1) Vesting.--Under a limited vested benefit, if a member

of the fund terminates employment before reaching the date which

would have been the member's earliest retirement date had the

member continued employment by meeting the minimum age and

minimum period of continuous service requirements but after

having completed 12 years of full-time service, the member shall

be entitled to vest the member's retirement benefits subject to

the following conditions:

(1) The member must file with the management board of

the fund a written notice of the member's intention to vest.

(2) The member must include in the notice the date the

member intends to terminate the member's service as an

employee.

(3) The termination date shall be at least 30 days later

20150SB0775PN0834 - 298 -

than the date of notice to vest.

(4) The member must be in good standing with the city on

the date of notice to vest.

(5) The board shall indicate on the notice to vest the

rate of monthly pay of the member as of the date of the

notice to vest or the highest average annual salary which the

member received during any five years of service preceding

the date, whichever is higher.

(b) Collection.--Upon reaching the date which would have

been the member's earliest retirement date had the member

continued the member's employment with the city, the member

shall notify the board, in writing, that the member desires to

collect the member's pension. The amount of retirement benefits

the member is entitled to receive under this section shall be

computed as follows:

(1) The initial determination of the member's base

retirement benefits shall be computed on the salary indicated

on the notice to vest.

(2) The portion of the base retirement benefits due the

member shall be determined by applying to the base amount the

percentage that the member's years of service actually

rendered bears to the years of service which would have been

rendered had the member continued to be employed by the city

until the member's earliest retirement date.

§ 14344. Amount of payments into fund and repayment before

retirement.

The employees of any city creating a fund and board in

accordance with this subchapter shall pay monthly to the board

an amount equal to 2% of their monthly salaries or wages, and,

if council elects by ordinance to make payments, an additional

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amount not to exceed 1% if deemed necessary by council to

provide sufficient funds for payments to the surviving spouses

of members who were retired on pension or killed in service,

which shall be applied to the purposes of the fund. Payment of

the monthly amount or contribution under this section shall

cease and be discontinued at the time the beneficiary receives

their pension. If, for any cause, an employee contributing to

the fund ceases to be an employee of the city before the

employee becomes entitled to a pension, the total amount of the

contributions paid into the fund by the employee shall be

refunded to the employee in full, without interest. If an

employer returns to the employee the amount contributed and

reenters the employ of the city, the employee shall not be

entitled to the pension designated until 20 years after

reemployment, unless the employee shall return to the fund the

amount withdrawn, in which event that period of 20 years shall

be computed from the time the employee first enters the service

of the city. In the event of the death of an employee before the

employee becomes entitled to the pension, the total amount of

contributions paid into the fund by the employee shall be paid

over to the estate of the deceased employee.

§ 14344.1. Determination of liability upon extension of Social

Security.

(a) Determination.--If a city has entered into an agreement

with the Commonwealth to place its employees under the Social

Security Act (49 Stat. 620, 42 U.S.C § 301 et seq.), the board

shall appoint an actuary and may fix the employee's

compensation. The actuary shall determine the present value of

the liability on account of pensions payable under the

provisions of section 14343 (relating to retirement allowance,

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proof of disability and joint and single coverage members

defined) to employees who are members of the system on the

effective date of the agreement and shall offset the value of

any assets in the fund to determine the unfunded liability. The

city may make payments toward the unfunded liability until the

accumulated reserve equals the present value of the liability.

The actuary shall also determine the amount which shall be

contributed annually into the fund on account of service of all

new and original members subsequent to the effective date of the

agreement.

(b) Contribution.--Employees shall pay into the board,

monthly, an amount equal to 3.5% of that portion of monthly

compensation on which Social Security allowances are payable and

5% of any monthly compensation in excess of that on which Social

Security allowances are payable. The remainder of the needed

annual contribution for service subsequent to the date of the

agreement, as determined by the actuary, shall become the

obligation of the city and shall be paid by it to the board by

annual appropriations. The provisions of this section shall, in

all applicable cases, supersede the provisions relating to

contributions in section 14344 (relating to amount of payments

into fund and repayment before retirement) and section 14348

(relating to appropriations and contributions to fund).

§ 14345. Payments by laborers optional.

Any individual holding a position in a city as a laborer at a

per diem wage shall not be compelled to pay or contribute toward

the fund, but shall have the option of so doing and, in that

event only, of becoming entitled to the pension provided for

under this subchapter.

§ 14346. Heads of departments to certify list of employees.

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The head of every department and office employing individuals

entitled to receive a pension shall certify to the board all

employees so employed and the amount of salary or wages which is

paid to employees, together with dismissals, resignations or

terminations of service and, from office or department records,

furnish other relevant information as the board requires. In the

case of a volunteer fire company, "head of department or office"

shall mean the president or secretary of the board of trustees

of the volunteer fire company.

§ 14347. Receipt, investment and payment of funds.

When deemed advisable, it shall be the duty of the board to

receive, retain and invest the funds payable in accordance with

the provisions of this subchapter and pay over, by warrant or

check, the amount due to employees.

§ 14348. Appropriations and contributions to fund.

Council may annually set aside, apportion and appropriate,

out of all taxes and income of the city, to the board a sum

sufficient to maintain the pensions or compensations due on

account of the city contributions for all employees, except

volunteer firefighters. The board of trustees of the volunteer

fire company employing and paying members shall annually

contribute to the board a sum equal to the same percentage of

its participating payroll as the amount contributed by the city

for the same year bears to its participating payroll for each

volunteer firefighter member becoming a member of the fund.

§ 14349. Application.

(a) Applicability.--The benefits provided for by this

subchapter shall apply to all individuals employed in any

capacity or holding positions in, or, in the case of a volunteer

firefighter, rendering services recognized and accepted by, a

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city creating a fund and board in accordance with provision s of

this subchapter . This subchapter shall not apply to employees of

departments, bureaus or offices which are otherwise protected by

pensions authorized by this chapter.

(b) Membership.--Any volunteer firefighter may become a

member of a fund as of the date of the volunteer firefighter's

original employment or of the inception of the fund, whichever

is later, upon the volunteer firefighter making back

contributions and if the volunteer fire company or its board of

trustees employing and paying the volunteer firefighter agrees

to contribute and contributes to the fund the required sums.

§ 14350. Computation of time of service.

The time of service of 20 years shall be computed from the

time of the first or original employment, which shall consist of

service to the city and need not be continuous.

§ 14351. Funds payable to be free of attachment.

The compensation or pension shall not be subject to

attachment or execution, shall be payable only to the

beneficiary designated and shall not be subject to assignment or

transfer.

§ 14352. (Reserved).

§ 14353. Beneficiaries of fund not to be employed by city.

No individual who becomes a beneficiary shall be employed by

the the city in any capacity. Subject to the provisions of

section 14361 (relating to right to a pension if salary

refused), nothing in this section shall be construed to prohibit

an individual who becomes a beneficiary from serving in an

elective city office.

SUBCHAPTER D

BENEFICIARIES SERVING IN ELECTIVE OFFICE

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Sec.

14361. Right to a pension if salary refused.

§ 14361. Right to a pension if salary refused.

In a city governed by the provisions of this part, the act of

July 15, 1957 (P.L.901, No.399), known as the Optional Third

Class City Charter Law or 53 Pa.C.S. Pt. III Subpt. E (relating

to home rule and optional plan government), a beneficiary

serving in an elective city office shall not be prohibited from

receiving a pension for any month in which the beneficiary does

not accept a salary from serving in the elective office.

CHAPTER 144

CIVIL SERVICE

Sec.

14401. Examinations required of all appointees.

14402. Appointment of civil service board.

14402.1. Existing civil service positions .

14403. Civil service board and quorum.

14403.1. Alternate board members.

14403.2. Investigations and subpoenas.

14404. Rules, regulations and examinations.

14404.1. Physical and psychological medical examinations.

14405.1. Veterans' Preference.

14406. Selection of appointee from certified list of

applicants.

14406.1. Promotions.

14407. Tenure and temporary appointments.

14408. Suspension, discharge and discipline, reduction of

employees and appeals.

14409. Secretary and compensation.

14410. Review of eligibility lists.

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§ 14401. Examinations required of all appointees.

No individual may be appointed to any uniformed position in

the police or fire departments , excluding chiefs, unless all of

the following apply:

(1) The individual passed all examinations as provided

for under this chapter.

(2) The individual was appointed in the manner and

according to the terms, provisions and conditions of this

chapter.

§ 14402. Appointment of civil service board.

Cities shall establish a civil service board that shall

provide for and oversee the examination of applicants for

appointment and promotion to any position in the police or fire

departments. Council shall appoint three city residents to the

board who shall serve four-year terms or until their successors

are appointed and qualified, except for the initial appointment

of board members as provided for in section 14403 (relating to

civil service board and quorum). Any individual who is a

registered elector of the city may be appointed to the board. No

city officer, official or employee shall be eligible for

appointment to the civil service board.

§ 14402.1. Existing civil service positions.

All nonuniformed employees in city positions that were

subject to civil service regulation immediately prior to May 19,

2014, shall continue to be subject to civil service regulation

otherwise provided in this chapter for uniformed employees with

regard to the nonuniformed positions.

§ 14403. Civil service board and quorum.

(a) Terms.--In a city in which the civil service board is

first established, terms of members of the board shall be

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staggered. Council shall initially appoint to the board one

individual to serve for two years, one individual to serve for

three years and one individual to serve for four years.

(b) Vacancies.--Upon the expiration of the term of any

member, a successor shall be appointed by council to serve on

the civil service board for a term of four years. If any

vacancies occur, they shall be filled by council for the

unexpired term. Before entering upon the duties of office, each

member shall take and subscribe to the oath of office prescribed

by 53 Pa.C.S. § 1141 (relating to form of oaths of office) and

file the oath, duly certified by the officer administering it,

with the city administrator or, in cities without a city

administrator, the city clerk.

paid to any member of the civil service board.

(d) Quorum.--Two members of the civil service board shall

constitute a quorum necessary for the transaction of business of

the board.

(e) Organization.--The civil service board shall organize

for the purpose of transacting all business immediately after

the first appointments and as new appointments to the board are

made. After organizing, the board shall elect one of its members

as chairperson and one member as secretary.

§ 14403.1. Alternate board members.

Council may appoint not more than three qualified electors of

the city to serve as alternate members of the civil service

board. The term of office of the alternate members shall be four

years. If, by reason of absence or disqualification of a member,

a quorum is not reached, the chairperson shall designate as many

alternate members of the board to sit on the board as may be

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needed to provide a quorum. When seated pursuant to this

section, an alternate shall be entitled to participate in all

proceedings and discussions of the board to the extent as

provided by law for board members, including the right to cast a

vote as a voting member during the proceedings and shall have

all the powers and duties set forth in this chapter and as

otherwise provided by law. Any alternate member of the board

shall continue to serve on the board in all proceedings

involving the matter or case for which the alternate was

initially designated until the board has made a final

determination of the matter or case. Designation of an alternate

pursuant to this section shall be made on a case-by-case basis

in rotation according to declining seniority among all

alternates. Alternates shall hold no other office in the city.

Any alternate may participate in any proceeding or discussion of

the board but shall not be entitled to vote as a member of the

board unless designated as a voting alternate member pursuant to

this section.

§ 14403.2. Investigations and subpoenas.

(a) Investigations.--The civil service board shall have the

power to conduct investigations concerning all matters relating

to the administration and enforcement of its rules and

regulations. The chairperson shall be authorized to administer

oaths and affirmations for witnesses testifying in matters

before the board.

(b) Subpoenas.--The civil service board shall have the power

to issue subpoenas over the signature of the chairperson or

designee and to require the attendance of witnesses and the

production of records and papers pertaining to matters before

the board, including any background investigation conducted

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pursuant to any applicable rules and regulations.

§ 14404. Rules, regulations and examinations.

(a) Duties.--The civil service board shall have the power

and its duty shall be to prepare and adopt rules and

regulations, subject to approval by council, which, in the

board's discretion, secure and maintain the best service for the

public for the selection, appointment and promotion of

individuals who are qualified to perform the work which is the

subject of the civil service examination as provided in this

chapter and who are to be employed, appointed or promoted by the

city. The rules and regulations adopted by the board shall

provide for ascertaining and determining, so far as possible,

the knowledge, skills, aptitude, mental and physical abilities,

experience, education and character of all applicants as these

criteria would reasonably apply to the respective positions. The

rules and regulations shall also provide for examinations upon

any and all subjects deemed proper or necessary by the board for

the purpose of determining the qualifications of applicants for

the respective positions sought and fo r which application is

made.

(b) Subjects.--The civil service board shall, in accordance

with this part, adopt rules and regulations concerning the

following matters:

(1) minutes of proceedings;

(2) rules of procedure;

(3) records of examinations;

(4) annual report to council;

(5) notice of rules and regulations and any amendments

or repeals to rules and regulations;

(6) application forms;

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(7) further provisions concerning the duties of the

chairperson and secretary;

(8) appointment of examiners; and

(9) other administrative matters.

§ 14404.1. Physical and psychological me dical examinations.

(a) Requirement.--The civil service boar d may require that

an applicant conditionally appointed in accordance with section

14406 (relating to selection of appointee from certified list of

applicants) undergo a physical or psychological medical

examination as a condition of permanent appointment. Physical

medical examinations, if required, shall be under the direction

of a physician or other qualified medical professional.

Psychological medical examinations, if required, shall be under

the direction of a psychiatrist or psychologist.

(b) Professional opinion.--A physician, other qualified

medical professional, psychiatrist or psychologist shall be

appointed by council and shall render an opinion as to whether

the conditional appointee has a physical or mental condition

which calls into question the individual's ability to perform

all the essential functions of the position for which the

individual was conditionally appointed.

other qualified medical professional, psychiatrist or

psychologist calls into question the conditional appointee's

ability to perform all essential functions of a position, the

director of the department within which the position is to be

filled shall meet with the conditional appointee for the purpose

of having one or more interactive discussions on whether the

conditional appointee can, with or without reasonable

accommodation, perform all the essential functions of the

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position.

(d) Determination.--If, at the conclusion of the interactive

discussion under subsection (c), the director of the department

determines that the condition al appointee is not qualified, the

director shall give written notice to the conditional appointee

and the civil service board.

(e) Authorization.--Nothing in this chapter shall be

construed to authorize physical or psychological medical

examinations prior to conditional appointment in accordance with

section 14406.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Medical examination." Any examination, procedure, inquiry

or test designed to obtain information about medical history or

a physical or mental condition which might disqualify an

applicant if it would prevent the applicant from performing,

with or without reasonable accommodation, all of the essential

functions of the position.

"Qualified medical professional." An individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1) as a physician assistant pursuant to the act of

December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985, or the act of October 5, 1978

(P.L.1109, No.261), known as the Osteopathic Medical Practice

Act; or

(2) as a certified registered nurse practitioner

pursuant to the act of May 22, 1951 (P.L.317, No.69), known

as The Professional Nursing Law.

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§ 14405.1. Veterans' preference.

In accordance with 51 Pa.C.S. Ch. 71 (relating to veterans'

preference), the following shall apply to the appointment of a

uniformed civil service position:

(1) A veteran who meets the qualifications for and

conditions of the position under uniform eligibility rules,

which include successful passage of an examination, shall

receive an additional 10 points on the examination pursuant

to 51 Pa.C.S. § 7103(a) (relating to additional points in

grading civil service examinations).

(2) If, after the additional 10 points are granted, a

veteran is on the list of three eligible applicants, the

veteran shall receive a preference in hiring over nonveterans

on that list.

(3) The preference provided by this section shall

constitute the only preference with regard to a uniformed

civil service position to which a veteran is entitled under

this chapter.

§ 14406. Selection of appointee from certified list of

applicants.

The following shall apply to civil service selection,

conditional appointments and appointments and shall be

incorporated by reference in the rules and reg ulations of the

civil service board:

(1) The civil service board shall make and keep, in

numerical order, a list containing the names of all

applicants for civil service positions in the city who pass

the required examinations, including any required physical

fitness or agility examinations that are job related and

consistent with business necessity.

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(2) Physical fitness and agility examinations shall be

conducted on a pass-fail basis.

(3) Written and oral examinations used to establish an

eligibility list shall offer the opportunity to achieve 100

points.

(4) If both written and oral examination methods are

used in conjunction with each other, the board, prior to

initiating testing, shall establish what constitutes a

passing score on each portion of the examination. If only a

written examination method is used, the board shall establish

the passing score before the examination is conducted.

(5) When more than one individual takes examinations for

any position at the same time, the names of all those

successfully passing the examination shall be entered on the

eligibility list in the order of their respective point

totals, the highest coming first.

(6) The board shall furnish to council a certified copy

of all lists prepared and kept. Lists are public records and

shall be maintained for a period of two years or until a new

list is certified to council, whichever occurs first.

(7) Whenever council determines an initial appointment

is to be made to a civil service position in the city, the

director of the department in which the appointment is to be

made shall make written application to the chairperson of the

board, who shall certify to council, in writing, the three

names on the eligibility list of applicants for the position

having the highest number of points, unless there are less

than three eligible names on the list, in which event the

board shall certify the names. The director of the department

in which the appointment is to be made shall nominate to

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council an individual from the eligibility list submitted to

fill the vacancy.

(8) If council approves the nomination, the individual

nominated shall be conditionally appointed by council to fill

the vacancy and shall be assigned for service in the

department , subject to any required physical or psychological

medical examinations that may be required by the board as a

condition of permanent appointment in accordance with section

14404.1 (relating to physical and psychological medical

examinations).

(9) If council does not approve the nomination, or if

the appointee is determined by the medical examination

process to be unqualified, the director of the department in

which the appointment is to be made shall submit another

nomination for the position from the remaining names, if any.

If the second nomination is not approved by council, or if

the appointee is determined by the medical examination

process to be unqualified, the director shall submit the

third name, if any.

(10) The individual whose nomination by the director is

approved by council shall be appointed to fill the civil

service position under consideration.

(11) The name of the individual appointed shall be

immediately stricken from the certified list of the board,

and, except as otherwise provided in this subsection, the

names of the nonappointed individuals shall immediately be

restored to their proper place on the certified list. Names

shall be stricken from the certified list if:

(i) the name of any applicant has been submitted to

council and been rejected three times;

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(ii) the conditional applicant has not been

appointed three times; or

(iii) the conditional applicant has been determined

by the medical examination process to be unqualified .

(12) Examinations for promotions for civil service

positions in the city shall be made pursuant to section

14406.1 (relating to promotions).

(13) As used in this section, the term "medical

examination" shall have the meaning given to it in section

14404.1(f).

§ 14406.1. Promotions.

(a) Certification.--Council shall notify the civil service

board of a civil service vacancy in the city which is to be

filled by promotion and shall request the certification of an

eligibility list as provided in this chapter. For each vacancy,

the board shall certify the names of three individuals on the

eligibility list who have received the highest average in the

last preceding promotional examination held within the period of

two years preceding the date of the request for the eligibility

list. If three names are not available, the board shall certify

the names remaining on the list. Council shall make an

appointment from the names certified based solely on the merits

and fitness of the candidates unless council makes objections to

the board regarding one or more of the individuals on the

eligibility list. Council shall have power to determine whether

an increase in salary shall constitute a promotion.

(b) Additional powers.--Notwithstanding subsection (a), the

mayor or other elected or appointed official of a city that has

adopted one of the following shall retain the power to promote a

candidate pursuant to that law:

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(1) An optional charter pursuant to the act of July 15,

1957 (P.L.901, No.399), known as the Optional Third Class

City Charter Law.

(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30

(relating to types of optional plans of government) and 31

(relating to general provisions common to optional plans).

(3) Any other law authorizing or permitting the mayor or

other elected or appointed official to promote a candidate.

apply to the mayor's designation or appointment of the chief of

police pursuant to section 12002 (relating to designation of

chief) or the mayor's designation or appointment of a fire chief

pursuant to section 12101.1 (relating to appointment and

demotion of fire chief).

§ 14407. Tenure and temporary appointments.

(a) Standard.--All appointments made pursuant to the

provisions of this chapter shall be for and during good

behavior, and no employee hired pur suant to the provisions of

this chapter shall be removed or transferred for any political

reasons.

(b) Temporary appointments.--In case of riot or emergency,

temporary appointments to positions in the civil service may be

made without complying with the provisions of this chapter.

§ 14408. Suspension, discharge and discipline, reduction of

employees and appeals.

(a) Provisions.--

(1) All employees subject to civil service shall be

subject to suspension, discharge and discipline by the

director of the department in which the employee works for

misconduct or violation of any law of the Commonwealth,

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ordinance of the city or regulation of the department. If it

should become necessary to reduce the number of employees in

the department for economic purposes, the following apply:

(i) Seniority rights shall prevail.

(ii) Any and all removals for cause or causes shall

be from the members last appointed.

(iii) The member or members serving the shortest

time shall be removed first, however members with longer

times of service may be discharged for cause.

(2) Any employee aggrieved by the suspension, discharge

or discipline imposed by a department director more serious

than a suspension of three days without pay may request a

hearing before council or th e civil service board, if

designated by ordinance. At the hearing, the employee may be

represented by counsel.

(a.1) Appeal.--Any civil service employee aggrieved by the

decision of council or the civil service board shall have the

right to appeal in accordance with 2 Pa.C.S. Ch. 7 Subch. B

(relating to judicial review of local agency action). This

review shall be exclusive. When no appeal is taken within the

time prescribed by law, the decision by council or the civil

service board shall become final in accordance with law. The

issue before the court shall be whether the action of council or

the civil service board shall b e affirmed or modified in any

respect, whether the charges should be dismissed or whether the

suspension or demotion made by the director shall be affirmed or

rescinded. If any employee has been suspended and the charges

are dismissed or the suspension rescinded on appeal, the

employee shall receive full compensation for the entire period

of suspension.

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(b) Challenge.--In any case in which a police officer or

firefighter who is a member of a bargaining unit is subject to

suspension, discharge or discipline, the police officer or

firefighter shall have the option of challenging the suspension,

discharge or discipline imposed by using the procedures provided

in subsection (a)(2) or by a proceeding in grievance

arbitration. A choice to proceed either by the procedures

provided for in subsection (a)(2) or by grievance arbitration

shall foreclose the opportunity to proceed in the alternative

method.

§ 14409. Secretar y and compensation.

The civil service board shall appoint a secretary and

prescribe the secretary's duties and shall have the power to

change these duties. The secretary shall be subject to removal,

at any time, by the board. Council shall establish the

compensation to be paid to the secretary and all necessary

supplies for the use of the board shall be supplied by the city.

§ 14410. Review of eligibility lists.

The lists of eligible names kept by the civil service board

shall be annually examined by the board for the purpose of

deleting individuals from the list who are permanently

unavailable for or disqualified for the position or positions

involved, either by death, permanent removal from the area,

written desire to be removed from the list or by other permanent

cause in conformity with the board's rules and regulations

adopted pursuant to section 14404 (relating to rules,

regulations and examinations).

CHAPTER 144A

VETERANS' AFFAIRS

Subchapter

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A. Support of Veterans' Organizations

B. Pennsylvania National Guard

C. Burials and Memorials

SUBCHAPTER A

SUPPORT OF VETERANS' ORGANIZATIONS

Sec.

144A00. Definitions.

144A01. Appropriations to veterans' organizations.

144A02. Rooms for meetings of veterans.

§ 144A00. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Veterans' organization." An incorporated organization of

veterans of the armed forces of the United States or an

organization comprising veterans' parents or children.

§ 144A01. Appropriations to veterans' organizations.

(a) Annual appropriation.--Council may make annual

appropriations to veterans' organizations to aid in defraying

the following expenses:

(1) Expenses relating to Memorial Day and Veterans Day.

(2) Other expenses, such as payment of rent of any

building or rooms where the organization has its regular

meetings.

(b) Requirements.--Payments shall be made to defray actual

expenses only. Before any payment is made, the veterans'

organization receiving the payment shall submit verified

accounts of its expenditures.

§ 144A02. Rooms for meetings of veterans.

Council may provide to a veterans' organization, upon

20150SB0775PN0834 - 318 -

application of the organization, a facility in any public

building of the city that is sufficient for periodic meetings of

the organization.

SUBCHAPTER B

PENNSYLVANIA NATIONAL GUARD

Sec.

144A11. Support of Pennsylvania National Guard units.

144A12. Assistance of armories.

144A13. Eminent domain for National Guard purposes.

144A14. Land for armory purposes.

§ 144A11. Support of Pennsylvania National Guard units.

(a) Annual appropriation.--Council may appropriate annually

a sum for the support and maintenance, discipline and training

of any troop, company or similar unit of the Pennsylvania

National Guard. If the units are organized as a battalion,

regiment or similar organization, the total amount due may be

paid to the commanding officer of the battalion, regiment or

similar organization.

(b) Condition.--Any money appropriated shall be paid by

warrant drawn to the order of the commanding officer of the

company, battalion, regiment or similar organization and

conditioned upon certification by the Adjutant General of the

Commonwealth to the city that the company has satisfactorily

passed the annual inspection provided by law.

expended solely and exclusively for the support, maintenance,

discipline and training of the company, battalion, regiment or

similar organization.

(d) Accounting required.--The commanding officer shall

account, by proper vouchers to the city each year, for the

20150SB0775PN0834 - 319 -

expenditure of the money appropriated. No appropriation shall be

made for any subsequent year until the expenditure of the

previous year is duly and satisfactorily accounted for. The

accounts of the expenditures shall be subject to the inspection

of the Department of Military and Veterans Affairs and shall be

audited by the independent auditor in the manner provided by

this chapter for the audit of accounts of city money.

§ 144A12. Assistance of armories.

(a) Assistance.--Council may appropriate money or convey

land, either independently or in conjunction with any other

political subdivision, to the Commonwealth for the following

purposes:

(1) To assist the State Armory Board in the erection of

armories for the use of the Pennsylvania National Guard.

(2) To furnish water, sewer services, light or fuel free

of cost to the Commonwealth for use in any armory of the

Pennsylvania National Guard.

(b) Council authority.--Council may do all things necessary

to accomplish the purpose of this section.

§ 144A13. Eminent domain for National Guard purposes.

Council may take, by right of eminent domain for the purpose

of appropriating to itself for the use of the Pennsylvania

National Guard, public lands, easements and public property in

its possession or control and used or held by it for any other

purpose. However, the right of eminent domain shall not be

exercised as to any street or wharf.

§ 144A14. Land for armory purposes.

(a) General rule.--Council may acquire, by purchase, gift or

the right of eminent domain, any land for the use of the

Pennsylvania National Guard and may convey lands so acquired to

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the Commonwealth in order to assist the State Armory Board in

the erection of armories.

(b) Limitations.--The power conferred by this section shall

not be exercised to take any church property, graveyard or

cemetery.

outside the limits of the city may be acquired in accordance

with this section for the use of the Pennsylvania National

Guard. However, if the land outside the limits of the city is

acquired by eminent domain, the taking shall be subject to the

limitations in 26 Pa.C.S. § 206 (relating to extraterritorial

takings).

SUBCHAPTER C

BURIALS AND MEMORIALS

Sec.

144A21. Purchase of burial grounds for deceased servicepersons.

144A22. Care of memorials.

144A23. Memorial trees.

144A24. Penalty for injury to memorial trees.

§ 144A21. Purchase of burial grounds for deceased

servicepersons.

Council may appropriate money for and purchase plots of

ground in any cemetery or burial ground within its respective

city limits for the interment of deceased servicepersons:

(1) who:

(i) die within the city; or

(ii) die beyond the city limits but have a legal

residence within the city at the time of death; and

(2) whose bodies are entitled to be buried by the county

under the provisions of existing law.

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§ 144A22. Care of memorials.

(a) Council authority.--Council may take charge of, care

for, maintain and keep in good order and repair, at the expense

of the city, any soldier's monument, gun or carriage or similar

memorial, if the memorial:

(1) Is situate in the city.

(2) Is not in the charge or care of any individual, body

or organization.

(3) Is not put up or placed by the Federal Government,

the Commonwealth or the commissioners of the county or by the

direction or authority of any other state.

(b) Donations.--Council may receive money from any

individual or organization and may expend the money for the

benefit of memorials.

§ 144A23. Memorial trees.

Council may provide for or authorize provision for memorial

trees for residents of the city who died while in the military

service of the United States or in consequence of that service.

Council may make appropriations or accept contributions for this

purpose. Trees shall bear some permanent indication of their

purpose.

§ 144A24. Penalty for injury to memorial trees.

Any individual who willfully, maliciously or negligently

destroys or injures any tree planted pursuant to section 144A23

(relating to memorial trees) commits a misdemeanor of the third

degree and shall, upon conviction, be sentenced to pay a fine of

not more than $500, or to imprisonment for not more than three

months, or both.

CHAPTER 145A

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

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Sec.

145A00. Definitions.

145A01. Authority to assess.

145A02. Method of assessment.

145A03. Notice of assessment.

145A04. Appeals to court.

145A05. Benefits and damages.

145A06. Return by city of assessments paid on property

unlawfully assessed.

145A07. Payment of assessments in installments.

145A08. Collection of assessments.

§ 145A00. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Public improvement." The term includes, but is not limited

to, the following:

(1) The building, paving, grading, rebuilding, repaving

and regrading of streets, sidewalks, curbs and gutters.

(2) The creation, extension and renovation of water and

sewerage collection, transmission, treatment and disposal

systems.

(3) The creation, extension and renovation of storm,

surface and subsurface drainage systems.

(4) The construction, reconstruction and repair of

wharves and docks.

(5) The installation of pipes, wires and conduits

relating to city-supplied utility services.

(6) The installation, maintenance or operation of

lighting that services the streets and sidewalks within the

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city.

(7) The planting, maintaining, trimming, transplanting,

removal and protection of shade trees.

§ 145A01. Authority to assess.

(a) Authority.--Unless otherwise provided for in this part,

a city is authorized to assess all or any portion of the costs

of a public improvement, including any related administrative

fees, against any properties that are benefited by the public

improvement.

(b) Payment of costs.--Unless otherwise provided in this

chapter, in addition to the authority to assess the cost of

public improvements against properties benefited, a city may pay

for the cost of public improvements, in whole or in part, from

the city general fund or, if authorized, from a special city

fund dedicated to that purpose.

53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing) for the purposes of funding the cost and expense of

making public improvements for which assessments are made in

accordance with this chapter, payments made on the assessments

must be applied to pay the debt service for the indebtedness

incurred for funding the cost and expense of making the public

improvements.

§ 145A02. Method of assessment.

(a) Ordinance.--In any case in which council elects to

exercise the power to make assessments for a given public

improvement as authorized in section 145A01 (relating to

authority to assess), council shall, by ordinance and in

conformity with this chapter, establish the method and procedure

pursuant to which assessments shall be made.

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(b) Allocation of costs and expenses.--Council may, by

ordinance, make the assessment by any means that results in

fairly allocating all or a portion of the costs and expenses of

the public improvement among all properties benefited by the

improvement in reasonable proportion to the benefits conferred

upon each property. The methods that may be used to make

assessments in accordance with this subsection may include, but

are not limited to:

(1) An equal assessment per front foot, lot, parcel,

dwelling unit or square foot.

(2) An assessment made by viewers.

(1) The cost to be collected shall be divided by the

total number of linear feet of street frontage of all

properties benefited.

(2) The assessment against each property shall be that

portion of the cost which is determined by multiplying the

dividend under paragraph (1) by the number of linear feet for

street frontage of that property.

(3) In the case of corner or irregularly shaped lots or

where special conditions exist, council shall have the power

and its duty shall be to provide for an equitable adjustment,

as necessary, to prevent an unjust or excessive assessment.

(d) Assessment based on report of viewers.--In order to pay

for all or a portion of the cost or expenses of a public

improvement, council may determine to assess properties

benefited based upon a report of viewers. Three disinterested

persons shall be appointed by council as viewers. A majority of

the viewers shall assess the cost against each property

benefited in reasonable proportion to the benefits conferred

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upon each property. The viewers, or a majority of them, shall:

(1) Make a report, in writing, which shall specify the

amount assessed upon each property.

(2) Present the report directly to council or file it

with the city clerk as council directs.

§ 145A03. Notice of assessment.

(a) Personal notice.--After the amounts to be assessed

against the properties to be benefited by the public improvement

have been calculated pursuant to the method and procedures as

prescribed by ordinance, the city shall give personal notice of

the assessment to the owner of each property that is being

assessed. The notice shall also state that the owner has 30 days

from receipt of the notice to appeal the assessment.

(b) Assessment effective.--An assessment made pursuant to

this chapter shall become effective 30 days after personal

notice is given by any of the following means:

(1) Personal service on the owner.

(2) Certified mail, addressee only, return receipt

requested, to the owner at the owner's last known address.

(3) Posting notice at or upon the property after

reasonable attempts to give personal notice pursuant to

paragraphs (1) and (2) have failed.

§ 145A04. Appeals to court.

Within 30 days after receipt of the notice of assessment, an

owner of property shall have the right to appeal the assessment

to the court of common pleas in the county in which the assessed

property is located. On appeal, unless the court finds fraud,

mistake or illegality, the court shall be restricted to

determining the following questions:

(1) Whether the property assessed received any special

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benefits from the improvement.

(2) Whether the assessment made exceeds the special

benefits received.

§ 145A05. Benefits and damages.

In any proceeding in which damages to property are being

sought as a result of a public improvement for which an

assessment of benefits has been made, the excess of damages over

benefits, or the excess of benefits over damages, or nothing in

case the benefits and damages are equal, shall be awarded to or

assessed against the owner of land and property affected by the

public improvement.

§ 145A06. Return by city of assessments paid on property

unlawfully assessed.

The following shall apply with regard to the return of

payments made on an unlawful assessment:

(1) If, after a timely appeal, a court makes a final

determination that a property was unlawfully assessed or that

the amount assessed exceeded, to a substantial amount, the

benefits received by the property assessed from the public

improvement, a city that received money in payment of the

assessment shall repay the money in an amount as ordered by

the court.

(2) Within two years of receiving payment of an

assessment, the city may repay the money voluntarily if the

city determines that the assessment was made erroneously.

(3) Repayments to property owners pursuant to paragraph

(1) or (2) shall include interest from the date of payment of

the unlawful or erroneous assessment at the rate of interest

that is provided for in 53 Pa.C.S. § 8426 (relating to

interest on overpayment).

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§ 145A07. Payment of assessments in installments.

(a) Authorization.--An ordinance providing for a public

improvement, the expense of which is to be defrayed by an

assessment against properties benefited by the public

improvement, may authorize payment of the assessment in

installments. The ordinance shall:

(1) Set a time when the installment payments shall

commence.

(2) Specify the length of time over which the

installments may be extended. The period during which

installments may be paid shall not exceed the lesser of 10

years or the number of years equal to the period of maturity

of the bonds issued to fund the public improvement.

(3) Specify whether payments are to be made by equal

annual or more frequent installments.

(b) Interest rate.--The ordinance shall set forth the rate

of interest for the installments, which shall not be more than

10% per year unless a bond is issued for the improvement, in

which case the maximum interest rate on the installment payments

shall be in accordance with section 9 of the Municipal Claim and

Tax Lien Law.

installment agreement with each property owner that will pay the

assessment in installments, subject to the requirements of the

ordinance pertaining to the agreements and this chapter.

(d) Installments not paid.--If any of the installments

remain unpaid for 60 days after the installments have become due

and payable:

(1) The entire unpaid assessment, plus unpaid accrued

interest and any costs, shall be due and payable.

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(2) The city may proceed to collect the installments by

filing a lien in the same manner as municipal claims are

filed under the Municipal Claim and Tax Lien Law or by

instituting a civil action.

(e) Advance payments.--Any property owner upon whom an

assessment has been made may pay all or as many of the

installments before they are due, with interest and costs, on or

before the due date of the next installment.

§ 145A08. Collection of assessments.

(a) Authority.--Council shall have the power to authorize

the city treasurer or other city official to collect

assessments.

(b) Procedure.--The following shall apply to the collection

of assessments:

(1) A city may collect an assessment that remains unpaid

for 60 days after personal notice was given pursuant to

section 145A03 (relating to notice of assessment) unless an

installment agreement has been entered into pursuant to

section 145A07 (relating to payment of assessments in

installments).

(2) An assessment made under this chapter may be

collected in the same manner as municipal claims under the

Municipal Claim and Tax Lien Law or by instituting a civil

action against the owner of the property benefited.

(3) Interest on an unpaid assessment shall begin to

accrue from the time of completion of the improvement at a

rate of 10% per year unless a bond is issued for the

improvement, in which case the maximum interest rate shall be

pursuant to section 9 of the Municipal Claim and Tax Lien

Law.

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(4) If a property owner has two or more lots against

which there is an assessment for the same improvement, all of

the lots may be embraced in one claim.

(5) Assessments, whether paid one time or by

installments, shall be payable at the office of the city

treasurer or any other place designated by ordinance.

CHAPTER 146

COLLECTION OF MUNICIPAL CLAIMS AND

COMPROMISE OF CLAIMS

Sec.

14601. Collection of municipal claims.

14602. Compromise of municipal claims.

§ 14601. Collection of municipal claims.

(a) Civil action.--In addition to the remedies provided by

this part or any other law for the filing of liens for the

collection of municipal claims, including water rates, sewer

rates and the removal of nuisances, a city may proceed for the

recovery and collection of municipal claims by civil action as

follows:

(1) The action shall be brought against the person who

was the owner of the property at the time:

(i) of the completion of the improvement; or

(ii) the water or sewer rates or the cost of the

removal of nuisances first became payable.

(2) A city may bring a civil action, notwithstanding the

failure on the part of the city or its agents to enter the

municipal claim as a lien against the property assessed for

the improvement, for the furnishing of water or sewer

services or for the removal of nuisances and for the recovery

of which the action was brought.

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(b) Limitation period.-- The civil action shall be commenced

either within six years after the completion of the improvement

from which the claim arises or within six years after the water

or sewer rates or the cost of abating a nuisance first became

payable .

§ 14602. Compromise of municipal claims.

(a) Agreement.--Council may agree with the owner of the real

estate to accept a sum less than the whole of the amount of a

municipal claim due, in compromise or reduction of the amount

of the claim and the interest charges, expenses and fees added

to and due on the claim, if:

(1) the city had entered the claim in the office of the

prothonotary as a lien against real estate; and

(2) the claim has existed for 10 years or more.

(b) Satisfaction of lien.--Upon receipt of the compromise

amount as agreed upon:

(1) The city shall cause the lien to be properly

satisfied on the record, which shall be as effective as if

the whole amount of the claim, interest, charges, expenses

and fees had been paid.

(2) The claim shall no longer be a lien against the real

estate or a claim against the owner of the real estate.

permitting compromise of municipal claims shall not apply to or

in any manner affect any claims, the assessments for which:

(1) Are:

(i) the sole basis of improvement bonds issued by

any political subdivision; and

(ii) the security for the payment of the bonds.

(2) Have been assigned by any political subdivision to

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any contractor in payment of the amount due the contractor

under terms of the contract for the improvement for which the

assessments were levied.

CHAPTER 147

MISCELLANEOUS PROVISIONS

Sec.

14701. Intent.

14702. Construction.

§ 14701. Intent.

It is intended that this part furnish a complete and

exclusive system for the government and regulation of cities,

except as provided for in section 10103 (relating to excluded

provisions).

§ 14702. Construction.

Nothing contained in this part shall be construed to repeal:

(1) The provisions of the act of May 23, 1945 (P.L.903,

No.362), entitled "An act authorizing cities of the third

class to establish an optional retirement system for officers

and employes independently of any pension system or systems

existing in such cities."

(2) The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(3) The provisions of 45 Pa.C.S. (relating to legal

notices).

(4) The provisions of 65 Pa.C.S. (relating to public

officers).

(5) The provisions of 66 Pa.C.S. Pt. I (relating to

Public Utility Code).

(6) The provisions of 74 Pa.C.S. Ch. 59 Subch. B

(relating to airport zoning).

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(7) Any local or special laws.

(8) Any law relating to the Navigation Commission for

the Delaware River and its Navigable Tributaries.

(9) The provisions of any law, the enforcement of which

is vested in the Department of Health or the Department of

Environmental Protection.

(10) The provisions of any law, the enforcement of which

is vested in the Department of Conservation and Natural

Resources.

(11) Any laws or parts of laws pertaining to civil

defense.

(12) A supplement to any act under this section.

PART VI

MISCELLANEOUS PROVISIONS (Reserved)

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 11

Pa.C.S. Pt. V.

(2) The act of June 23, 1931 (P.L.932, No.317), known as

The Third Class City Code, is repealed.

Section 3. The addition of 11 Pa.C.S. Pt. V is a

continuation of the act of June 23, 1931 (P.L.932, No.317),

known as The Third Class City Code. The following apply:

(1) Except as otherwise provided in 11 Pa.C.S. Pt. V,

all activities initiated under The Third Class City Code

shall continue and remain in full force and effect and may be

completed under 11 Pa.C.S. Pt. V. Orders, regulations, rules

and decisions which were made under The Third Class City Code

and which are in effect on the effective date of section 2(2)

of this act shall remain in full force and effect until

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revoked, vacated or modified under 11 Pa.C.S. Pt. V.

Contracts, obligations and collective bargaining agreements

entered into under The Third Class City Code are not affected

nor impaired by the repeal of The Third Class City Code.

(2) Except as set forth in paragraph (3), any difference

in language between 11 Pa.C.S. Pt. V and The Third Class City

Code is intended only to conform to the style of the

Pennsylvania Consolidated Statutes and is not intended to

change or affect the legislative intent, judicial

construction or administration and implementation of The

Third Class City Code.

(3) Paragraph (2) does not apply to the addition of the

following provisions:

(i) 11 Pa.C.S. § 11018.11(e).

(ii) 11 Pa.C.S. § 11401(6).

(iii) 11 Pa.C.S. § 11402(b)(2).

(iv) 11 Pa.C.S. § 11813(b).

(v) 11 Pa.C.S. § 12448.

(vi) 11 Pa.C.S. § 14406(11)(ii).

(vii) 11 Pa.C.S. § 144A11(d).

Section 4. This act shall take effect in 60 days.

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