73 Pa.C.S. Ch. 77

in effect

73 Pa.C.S. § 7701 Ordinances and resolutions.

(a) Authority.-- (1) The board of commissioners shall pass ordinances in accordance with this chapter and the laws of this Commonwealth in which the powers of the township shall be exercised: (i) as deemed beneficial to the township; and (ii) to provide for the enforcement of the powers of the township. (2) The board of commissioners may amend or repeal existing ordinances by the passage of subsequent ordinances. (b) Ordinances.--Every legislative act of the board of commissioners must be by ordinance. A legislative act includes: (1) Legislation doing any of the following: (i) Exercising the police power of the township. (ii) Regulating land use, development and subdivision. (iii) Imposing building, plumbing, electrical, property maintenance, housing and similar standards. (iv) Regulating the conduct of a person within the township and imposing a penalty for violation of the regulated conduct. (2) Imposing an assessment on benefited property for public improvements under Chapter 63 (relating to assessments for public improvements). (3) Increasing the rate of taxation from the previous fiscal year. (c) Resolutions.--The board of commissioners shall pass resolutions in accordance with this chapter and the laws of this Commonwealth. Resolutions may be passed for any purpose, including: (1) Ceremonial or congratulatory expressions of the good will of the board of commissioners. (2) Statements of public policy of the board of commissioners. (3) Approval of formal agreements of the township. This paragraph does not include agreements arising under an established purchasing system of the township. (4) Approval, if required, of administrative regulations and bylaws arising under State statutes or township ordinances. (5) Levying a tax at the same or a lower rate than the previous fiscal year.

73 Pa.C.S. § 7702 Publication.

(a) Requirements.--Except as provided under this chapter or other statutory provision, the board of commissioners must publish a proposed ordinance once in one newspaper of general circulation at least seven days and not more than 60 days prior to passage. Publication of a proposed ordinance shall include all of the following: (1) The full text of the proposed ordinance or the title and a brief summary of the proposed ordinance. THE brief summary shall include a description of each of the following, as applicable: (i) An adoption, amendment or repeal of a tax, fee, charge or assessment. (ii) An adoption, amendment or repeal of a regulation which provides for an offense or civil or criminal penalty. (iii) A provision or covenant that does one or more of the following: (A) Provides for the payment or disbursement of funds for goods, services or contractual obligations. (B) Restricts funds for a specific purpose or obligation. (C) Pledges funds for a specific purpose or obligation. (2) A reference to the township office or other place where copies of the proposed ordinance may be examined. (3) A reference to the publicly accessible Internet website, if any, where the full text of the proposed ordinance may be examined. (a.1) Legal sufficiency.--If a published summary is subject to a legal challenge, a summary shall be legally sufficient if the summary containing the information required under subsection (a)(1) is made available for examination at the time of publication in conformity with subsection (a)(2) and (3). (a.2) Land use ordinances.--Notwithstanding subsection (a)(1), the requirements of this section shall not supersede the publication or notification requirements of a proposed ordinance under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code. (b) Summary.--If the full text is not included in the publication of the proposed ordinance, the following apply: (1) The newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the full text without charge. (2) The following apply: (i) In addition to copies of the full text of the proposed ordinance retained under subsection (a), an attested copy of the full text shall be filed within 30 days after passage in the county law library or other county office designated by the county commissioners. (ii) Except as provided in subparagraph (iii)(D), the county commissioners may impose a fee not greater than the actual costs of storing the proposed ordinance. (iii) Filing with the county may be completed by the submission of an electronic copy of the ordinance as follows: (A) The county has discretion on whether to permit receipt by the office storing municipal ordinances. (B) Upon request by the township, the county shall notify the township of the method by which electronic copies may be submitted. (C) The county may store the ordinance electronically if the public is able to access the electronically stored township ordinances during regular business hours at the office or at a remote location. (D) The county may not charge a fee for electronic storage. (E) The township shall retain a printed copy of the email and ordinance as transmitted. (3) The date of the filing with the county under paragraph (2) shall not affect the effective date of the ordinance and shall not be deemed a defect in the process of the passage of the ordinance. (c) Notice of amendments.--If substantial amendments are made in the proposed ordinance, before voting upon passage, the board of commissioners must, within at least 10 days before passage, readvertise in one newspaper of general circulation the subject matter and a brief summary stating the provisions in reasonable detail and a summary of the amendments. A copy of the full text of the amended proposed ordinance shall be retained where township records are kept. (d) Maps.--If a map, plan or drawing is passed as part of an ordinance, instead of publishing the map, plan or drawing as part of the proposed ordinance, the board of commissioners may refer in publishing the proposed ordinance to the place where the map, plan or drawing is on file and may be examined.

73 Pa.C.S. § 7703 Recording and proof.

(a) Recording.--A township ordinance and a township resolution pertaining to tax levies shall, within 30 days after enactment, be recorded by the township secretary in an ordinance book. Failure to record within the time provided shall not be deemed a defect in the process of enactment of the ordinance or resolution pertaining to a tax levy. The ordinance book shall be open to the inspection of citizens during normal business hours. (b) Proof.--An ordinance may be proved by the certificate of the township secretary under the corporate seal. If an ordinance is printed or published in book or pamphlet form by the authority of the township, the ordinance shall be accepted as evidence without further proof. The entry of the township ordinance in the ordinance book shall be sufficient without the signature of the president of the board of commissioners or other person. (c) Prior ordinances.--The text of a township ordinance or a portion of an ordinance which was attached to the ordinance book before July 31, 1963, shall be considered in force as if the ordinance or portion of ordinances had been recorded directly in the ordinance book if all other requirements of this chapter applicable to the enactment, approval, advertising and recording were complied with within the time limits prescribed under this chapter.

73 Pa.C.S. § 7704 Codification of ordinances.

(a) Authority.--The board of commissioners may prepare a codification or revision of the general body of township ordinances or of the ordinances on a particular subject. (1) The codification or revision may be enacted as an ordinance of the township. The required advertised notice of the proposed enactment of the consolidation, codification or revision must specify its general nature and shall include a listing of the table of contents. (2) As necessary to effectuate a codification or revision, an ordinance may be enacted to repeal or amend a complete group or body of ordinances. The advertisement giving notice of the proposed enactment must, in lieu of a table of contents, list only the title of each ordinance in the complete group or body of ordinances. (b) Enactment.--For a codification or revision under subsection (a): (1) the ordinance must be introduced by the board of commissioners at least 30 days before enactment; and (2) notice of the introduction of the ordinance must be given by advertisement in a newspaper of general circulation at least 15 days before enactment. (c) Subsequent notice.--If a codification or revision under subsection (a) has been enacted as an ordinance, it shall not be necessary to advertise the entire text, but is sufficient to publish a notice stating that the codification or revision which had previously been given was enacted.

73 Pa.C.S. § 7705 Appeals from ordinances and resolutions.

(a) Legality.--A complaint as to the legality of an ordinance or a resolution must be made to a court of common pleas under 42 Pa.C.S. § 5571.1 (relating to appeals from ordinances, resolutions, maps, etc.). (b) Legality and propriety.--For an ordinance laying out streets over private lands, the court has jurisdiction to review the propriety and legality of the ordinance.

73 Pa.C.S. § 7706 Standard or nationally recognized codes.

(a) Incorporation by reference.-- (1) Except as provided in paragraph (2) or the Pennsylvania Construction Code Act, the board of commissioners may incorporate by reference a standard or nationally recognized code or a portion of the standard or code in an ordinance. (2) A portion of a code which limits the work to be performed to any type of construction contractor or labor or mechanic classification may not be incorporated by reference. (3) Three copies of the incorporated material must be filed with the township secretary at least 10 days before the board of commissioners considers the proposed ordinance. (4) Upon enactment, a copy of the incorporated material shall be kept with the ordinance book and available for public use, inspection, examination and copying. (b) Time frame.-- (1) Except as provided in the Pennsylvania Construction Code Act and regulations adopted under that act, an ordinance under subsection (a) shall be enacted within 60 days after the ordinance is filed with the secretary of the township and shall encompass the provisions of the code and be effective as of the code date stated in the ordinance. (2) A township that has adopted any standard or nationally recognized code by reference may adopt subsequent ordinances which incorporate by reference any subsequent changes thereof, properly identified as to date and source, as may be adopted by the agency or association which promulgated the code. (3) 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. (c) Technical regulations or code.--An ordinance which incorporates by reference standard technical regulations or code is subject to applicable provisions of the Pennsylvania Construction Code Act.

73 Pa.C.S. § 7711 Fines and penalties.

(a) Authority.--A township ordinance shall prescribe fines and penalties for violations as follows: (1) A civil penalty may not exceed $600 per violation. (2) A criminal fine may not exceed $1,000 per violation. A criminal penalty may prescribe imprisonment to the extent allowed by law for the punishment of a summary offense. (3) The ordinance may provide that a separate violation under paragraph (1) or (2) arises out of: (i) each day of violation; and (ii) each applicable section of the ordinance. (4) The ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the township in the enforcement proceedings. (5) The board of commissioners may delegate the initial determination of ordinance violation and the service of notice of violation to a qualified officer or agent. (b) Enforcement at law.--Unless otherwise provided by statute, a township ordinance shall specify the method of its enforcement as follows: (1) Except as provided in paragraph (2), if a civil penalty is not paid, the township must initiate a civil action for collection under the Pennsylvania Rules of Civil Procedure. A township is exempt from the payment of costs in an action under this paragraph. (2) For an ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water or air or noise pollution, enforcement must be by a criminal action under 234 Pa. Code Ch. 4 (relating to procedures in summary cases). The municipal solicitor may assume charge of the prosecution without the consent of the district attorney as required under 234 Pa. Code § 454(c) (relating to trial in summary cases). Enforcement under this paragraph does not preclude enforcement under section 7505(c) (relating to property maintenance code). (3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to October 29, 2020, shall be deemed automatically amended so that it is enforceable under paragraph (1). (4) If a civil claim under paragraph (1), exclusive of interest, costs and fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a)(3) (relating to jurisdiction and venue), the township may: (i) bring the action in a court of common pleas; or (ii) make a waiver under 42 Pa.C.S. § 1515(a)(3). (c) Enforcement in equity.--In addition to or in lieu of enforcement under subsection (b), a township may enforce an ordinance in equity in a court of common pleas of the judicial district where the township is situate. (d) Payment.--Money collected under subsection (b) shall be paid to the township treasurer. Cross References. Section 7711 is referred to in sections 5511, 5528 of this title.

73 Pa.C.S. § 7712 Commitment pending trial.

An individual arrested for the violation of a township ordinance may, pending hearing or trial, be committed to the township lockup, or if there is no suitable township lockup, a county correctional facility. Cross References. Section 7712 is referred to in section 7713 of this title.

73 Pa.C.S. § 7713 Township's liability for costs of prisoners to county.

If section 7712 (relating to commitment pending trial) applies, the expenses of maintaining the prisoner during confinement shall be paid by the township, and the county shall not be liable for the maintenance.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026