11 Pa.C.S. Ch. 101

in effect

11 Pa.C.S. § 10101 Short title of part.

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

11 Pa.C.S. § 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 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.

11 Pa.C.S. § 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. (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. Cross References. Section 10103 is referred to in section 14701 of this title.

11 Pa.C.S. § 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 enactments. (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. (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 and in other laws to the extent that the powers and duties are not repealed by this part.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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, 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 heretofore voted or shall hereafter vote to become a city of the third class, under laws now enacted or which may hereafter be enacted; 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 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.

11 Pa.C.S. § 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 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. Cross References. Section 10109 is referred to in sections 11809, 11810, 11812, 11901.1, 12402.1, 12916, 12919 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026