8 Pa.C.S. Ch. 33

in effect

8 Pa.C.S. § 3301.1 Ordinances and resolutions.

(a) General rule.--Council shall enact ordinances in accordance with this part and the laws of this Commonwealth in which the powers of the borough shall be exercised as deemed beneficial to the borough and to provide for the enforcement of the powers of the borough. Council may amend, repeal or revise existing ordinances by the enactment of subsequent ordinances. (b) Legislative acts.--Every legislative act of council must be by ordinance. Legislative acts shall include, but not be limited to: (1) Tax ordinances. (2) (Deleted by amendment). (3) Capital expenditures not payable out of current funds. (4) Legislation doing any of the following: (i) Exercising the police power of the borough. (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 or entity within the borough and imposing penalties for violation of the regulated conduct. (5) Imposing assessments on benefited property for public improvements in accordance with Chapter 21A (relating to assessments and charges for public improvements). (c) Resolutions.--Council shall adopt resolutions in accordance with this part and the laws of this Commonwealth. Resolutions may be adopted for any purpose, including, but not limited to, the following: (1) Ceremonial or congratulatory expressions of the good will of the council. (2) Statements of public policy of the council. (3) Approval of formal agreements of the borough, except for agreements arising under an established purchasing system of the borough. (4) Approval, if required, of administrative rules, regulations and bylaws arising under State statutes or borough ordinances. (5) The filling of borough-appointed positions and of vacancies of elected officials, except as otherwise provided. (6) Annual tax millage rate in accordance with section 1302(a) (relating to tax levy). (d) Real and personal property.--Council's approval of the acquisition, disposition and leasing of real or personal property shall be by adoption of a resolution in a manner consistent with this part. (July 2, 2019, P.L.351, No.51, eff. 60 days; Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 deleted subsec. (b)(2). 2019 Amendment. Act 51 amended subsec. (c). Special Provisions in Appendix. See section 4(3)(xvii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 3301.1 is referred to in section 3301.5 of this title.

8 Pa.C.S. § 3301.2 Publication.

(a) Requirements.--Except as provided under this part or other law, council shall publish every proposed ordinance once in one newspaper of general circulation no less than seven days and no more than 60 days prior to the day when council shall vote on the proposed ordinance. Publication of any proposed ordinance shall include all of the following: (1) The full text or the title of the ordinance and a brief summary prepared by the borough solicitor setting forth all the provisions in reasonable detail. (2) A reference to the borough office or other place where borough records are kept where copies of the proposed ordinance may be examined. (b) Summary.--If the full text is not included in the publication of the proposed ordinance, the following shall apply: (1) The newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the full text. (2) The following shall apply: (i) In addition to copies of the full text of the proposed ordinance retained where borough records are kept in accordance with subsection (a), an attested copy of the full text shall be filed in the county law library or other county office designated by the county commissioners. (ii) 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 through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances. (iv) Upon request by the borough, the county shall notify the borough of the method by which electronic copies may be submitted. (v) The county may store the ordinance electronically if the public is able to access the electronically stored borough ordinances during regular business hours at the office or at a remote location. (vi) The borough 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 enactment of the ordinance. (c) Notice of amendments.--If substantial amendments are made in the proposed ordinance before voting upon enactment, council shall, within ten days, readvertise in one newspaper of general circulation a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. A copy of the full text of the amended proposed ordinance shall be retained where borough records are kept. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a). Special Provisions in Appendix. See section 4(3)(xviii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 3301.3 Enactment, approval and veto.

(a) Approval by mayor.-- (1) Every ordinance enacted by council shall be presented to the mayor for the mayor's approval. Presentation to the mayor shall be deemed to mean delivery to the mayor by hand delivery or certified mail, addressee only, to the mayor at the mayor's last known address. Delivery shall be deemed complete upon depositing in the mail, postage or charges prepaid, as evidenced by a certificate of mailing. (2) The following shall apply: (i) If the mayor approves the ordinance, the mayor shall sign it. (ii) If the mayor does not approve the ordinance, the mayor shall return it with objections, which shall be entered upon the minutes, to the council at its next scheduled meeting occurring at least ten days after the meeting at which the ordinance was enacted by council. (iii) Council shall reconsider the ordinance either at the meeting at which the vetoed ordinance was returned or not later than ten days after the meeting at any other scheduled meeting. If, after reconsideration, a majority of all elected council members plus one votes to override the mayor's veto, the ordinance shall have full force and effect as if it had received the approval of the mayor. The vote shall be determined by yeas and nays, and the names and votes of the members shall be entered upon the minutes. (iv) A scheduled meeting, as used in this section, may be either a regular, special or reconvened meeting. (3) If an ordinance is not returned by the mayor at council's next scheduled meeting occurring at least ten days after its presentation to the mayor, the ordinance shall have full force and effect as if it had been approved by the mayor. (b) Effective date.--The effective date of an enacted ordinance, except as provided in the ordinance, shall be one of the following: (1) The date when the mayor approves the ordinance. (2) The date of enactment by the council over the veto of the mayor. (3) For an ordinance not returned by the mayor at the next scheduled meeting of council occurring at least ten days after the meeting at which the ordinance was enacted by the council, the date of the succeeding scheduled meeting of council. (c) Tax ordinance or resolution.--The following shall apply: (1) If council presents the mayor with the annual tax ordinance or resolution under section 1310.1 (relating to tax ordinance or resolution), the mayor shall, within ten days of receiving the tax ordinance or resolution, approve or return the tax ordinance or resolution to the borough secretary with a statement setting forth the mayor's objections. (2) Council shall reconsider the tax ordinance or resolution at any scheduled meeting held not later than ten days after the mayor has returned the tax ordinance or resolution to the secretary with the mayor's objections. The mayor's objections shall be entered upon the minutes of the meeting. (3) A veto of the tax ordinance or resolution of the borough may be overridden by a vote of a majority of all elected council members plus one. If the veto is overridden, the ordinance or resolution shall have full force and effect as if it had received the approval of the mayor. (4) If the mayor neither approves the tax ordinance or resolution nor returns it with objections, the date of enactment of the tax ordinance or resolution shall be the date of the adoption of the tax ordinance or resolution by council. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (c). Cross References. Section 3301.3 is referred to in section 1310.1 of this title.

8 Pa.C.S. § 3301.4 Recording, advertising and proof.

(a) Recording.--All borough ordinances shall, within 30 days after approval by the mayor, the council's override of the mayor's veto or council's next scheduled meeting after its presentation to the mayor, be recorded by the borough secretary in an ordinance book. All borough resolutions pertaining to tax levies shall, within 30 days after approval by the mayor, the council's override of the mayor's veto or the council's next scheduled meeting after its presentation to the mayor, be recorded by the borough secretary in an ordinance book. The ordinance book shall be open to the inspection of citizens during normal business hours. (b) Proof.--All ordinances may be proved by the certificate of the borough secretary under the corporate seal. If an ordinance is printed or published in book or pamphlet form by the authority of the borough, the ordinance shall be accepted as evidence without further proof. The entry of the borough ordinance or the entry of a borough resolution pertaining to a tax levy in the ordinance book shall be sufficient without the signature of the president of council, mayor or member of council. (c) Prior ordinances.--The text of a borough ordinance or a portion of an ordinance which was attached to the ordinance book before January 1, 1966, shall be considered in force as if the ordinances or portions of ordinances had been recorded in the ordinance book if all other requirements of this part applicable to the enactment, approval, advertising and recording of the ordinances or portions of ordinances were complied with within the time limits prescribed under this part. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsecs. (a) and (b).

8 Pa.C.S. § 3301.5 Codification of ordinances.

(a) Consolidation, codification and revision.--The borough council, under section 3301.1(a) (relating to ordinances and resolutions), may: (1) enact a consolidation, codification or revision of borough ordinances or recorded resolutions as a single ordinance of the borough; and (2) enact a complete group ordinance, repealing or amending existing ordinances as necessary. (b) Enactment.--For a consolidation, codification or revision under subsection (a), the following apply: (1) The ordinance must be introduced in the council at least 30 days before its final enactment. (2) At least 15 days before final enactment, notice of the introduction of the ordinance must be given by advertisement in a newspaper of general circulation. For enactment under subsection (a)(2), the notice must list, in lieu of a table of contents, the titles of each of the ordinances in the complete group. (c) Subsequent notice.--When any consolidation, codification or revision under subsection (a) has been enacted as an ordinance, it shall not be necessary to advertise the entire text, but it shall be sufficient to publish a notice referring to notice under subsection (b)(2) and stating final enactment. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (a)(1).

8 Pa.C.S. § 3301.6 Appeals from ordinances.

Complaint as to the legality of any ordinance or resolution must be made to the court of common pleas. In cases of ordinances laying out streets over private lands, the court shall have jurisdiction to review the propriety as well as the legality of the ordinance.

8 Pa.C.S. § 3301.7 Replacement of ordinance books.

(a) Ordinance.-- (1) If an ordinance book is unserviceable, the council may provide by ordinance for the secretary of the borough to establish a replacement ordinance book recording all ordinances affected by the replacement. (2) The following apply to an ordinance under this subsection: (i) The ordinance must be recorded in the ordinance book immediately following the recorded ordinances affected by the replacement. (ii) The ordinance must direct the secretary, upon completion of the recording, to publish once, in one newspaper of general circulation, a notice: (A) identifying the ordinances contained in the unserviceable ordinance book; and (B) stating that the old books and records of borough ordinances and the replacement ordinance book are open to public inspection for the purpose of verification and correction for a period of 30 days from the date of the notice. (b) Secretary.-- (1) The secretary, in recording the ordinances, must make complete copies of the ordinances, including the date of enactment and approval and the names of the officers who signed them. (2) After notice and corrections under subsection (a)(2)(ii), the secretary must certify each ordinance as a correct copy of the original. (c) Effect.--Upon compliance with subsection (b), the recorded replacement ordinance shall replace the original ordinance as the ordinances of the borough for the period covered by the new ordinance book.

8 Pa.C.S. § 3321 Fines and penalties.

(a) Prescription.-- (1) A borough ordinance shall prescribe fines and penalties for violation. (2) A civil penalty may not exceed $600 per violation. (3) The council may prescribe a criminal fine not to exceed $1,000 per violation and may prescribe imprisonment to the extent allowed by law for the punishment of a summary offense. (4) An ordinance under this subsection may provide that a separate violation under paragraph (2) or (3) shall arise for: (i) each day of violation; and (ii) each applicable section of the ordinance. (5) An ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the borough in the enforcement proceedings. (6) The council 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 borough ordinance shall set forth the method of its enforcement in accordance with the following: (1) Except as provided in paragraph (2), if the penalty is not paid, the borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. A borough shall be 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 shall be by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The municipal solicitor may assume charge of the prosecution without the consent of the district attorney as required under Pa.R.Crim.P. No. 454 (relating to trial in summary cases). Violations of the property maintenance code or ordinance may also be enforced under section 32A04(c) (relating to property maintenance code). (3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to July 16, 2012, shall be deemed automatically amended so that it shall be enforced under paragraph (1). (4) If a civil claim under this subsection, exclusive of interest, costs or fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a) (relating to jurisdiction and venue), the borough 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 borough may enforce an ordinance in equity in a court of common pleas of the county where the borough is situate. (d) Payment.--Money collected under subsection (b) shall be paid to the borough treasurer.

8 Pa.C.S. § 3322 Commitment pending trial.

An individual arrested for the violation of a borough ordinance may, pending trial, be committed to: (1) the borough correctional facility; or (2) if there is no suitable borough correctional facility, a county correctional facility. Cross References. Section 3322 is referred to in section 3324 of this title.

8 Pa.C.S. § 3323 Commitment after trial.

A defendant sentenced to imprisonment for a violation of a borough ordinance may be committed to: (1) the borough correctional facility for up to ten days; or (2) a county correctional facility for up to 30 days. Cross References. Section 3323 is referred to in section 3324 of this title.

8 Pa.C.S. § 3324 Payment of costs by borough.

If a prisoner is committed to a county correctional facility under section 3322(2) (relating to commitment pending trial) or 3323(2) (relating to commitment after trial), the expenses of maintaining the prisoner during confinement shall be paid by the borough, 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=08Fetched: 10/16/2026