11 Pa.C.S. Ch. 110

in effect

11 Pa.C.S. § 11001 Qualifications of council members.

(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 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. (c) Incompatible offices.--The following individuals may not 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.

11 Pa.C.S. § 11002 Vesting of legislative power.

The legislative power of every city shall be vested in a council composed of the mayor and council members.

11 Pa.C.S. § 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. (c) Mayor.--The mayor shall: (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.

11 Pa.C.S. § 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 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. (c) Rules.--In accordance with law, council may determine and adopt rules for procedure and conduct of business. Cross References. Section 11004 is referred to in section 11005 of this title.

11 Pa.C.S. § 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 as 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 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. (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. (c) Public access.--All meetings of council, whether regular 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.

11 Pa.C.S. § 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. (c) Refusal.-- (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 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. Cross References. Section 11015 is referred to in section 11205 of this title.

11 Pa.C.S. § 11016 Salaries.

(a) Salary.--Except as provided in subsection (b), a council 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. (c) Range.--The salary paid to a council member shall be in 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 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.

11 Pa.C.S. § 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. (c) Custody.--The records of council shall be in the actual 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.

11 Pa.C.S. § 11018.1 Ordinances and resolutions.

(a) Ordinances.--With regard to ordinances, the following shall apply: (1) Council shall enact ordinances as may be necessary to carry out the requirements of this part and impose 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: (i) Certain 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. (C) Impose building, plumbing, electrical, 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 goodwill 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 arising under State statutes or city ordinances. (vi) Annual tax millage rate in accordance with section 12531 (relating to tax levies). (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 nor fewer than seven days prior to adoption. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsecs. (a)(2) and (b)(2).

11 Pa.C.S. § 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. (c) Majority vote.--Except as otherwise provided in this 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. Cross References. Section 11018.2 is referred to in section 11018.3 of this title.

11 Pa.C.S. § 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 resolution may be reduced to writing before the vote is taken on the ordinance or resolution. A resolution pertaining to tax levies shall be reduced to writing before the vote is taken. (c) Withholding.--A member of council shall not withhold the 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). (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (b).

11 Pa.C.S. § 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.

11 Pa.C.S. § 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. (c) Original purpose.--An ordinance may not be altered or 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.

11 Pa.C.S. § 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 introduced shall be available for public inspection at the city clerk's office during regular office hours. (c) Time frame.--An ordinance may not be finally enacted by 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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.-- (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. (c) Readvertisement.--In the event substantial amendments 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. Cross References. Section 11018.9 is referred to in section 141A04 of this title.

11 Pa.C.S. § 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 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.

11 Pa.C.S. § 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. Within one month after adoption, each resolution pertaining to a tax levy 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 or of the resolution that pertains to a tax levy. (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 or recorded resolutions of the city, or true copies of the ordinances or recorded resolutions, which remain in force and effect. (c) Indexing.--The city clerk shall also properly index the record books, compilation or codification of ordinances or resolutions. (d) Retention.--The retention of ordinances and recorded resolutions shall be in accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to records). (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. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsecs. (a), (b), (c) and (d). Special Provisions in Appendix. See section 3(3)(i) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 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. (c) Technical regulations or code.--An ordinance that incorporates, by reference, standard technical regulations or code shall be subject to the provisions of the Pennsylvania Construction Code Act, if applicable. Cross References. Section 11018.13 is referred to in sections 11018.15, 141A04 of this title.

11 Pa.C.S. § 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 to, 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. Cross References. Section 11018.14 is referred to in section 11018.15 of this title.

11 Pa.C.S. § 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 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. (c) Adoption by reference.--The consolidation or 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).

11 Pa.C.S. § 11018.16 Enforcement of ordinances, recovery and payment of fines and penalties.

(a) Enforcement.--An action, prosecution, complaint or 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. Cross References. Section 11018.16 is referred to in sections 12340, 12975 of this title.

11 Pa.C.S. § 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. Cross References. Section 11018.17 is referred to in sections 12340, 12975 of this title.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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: (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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 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. (c) Results.--The city clerk shall attach to the petition 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. Cross References. Section 11033 is referred to in sections 11034, 11035, 11051 of this title.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 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.

11 Pa.C.S. § 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 this Commonwealth.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 11040 Submission for repeal by council.

Council may submit a proposition for the repeal or amendment 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 this 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 or resolution where permitted 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, 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. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (b)(2). Cross References. Section 11050 is referred to in sections 11018.8, 11030, 11051 of this title.

11 Pa.C.S. § 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). Cross References. Section 11051 is referred to in sections 11052, 11054 of this title.

11 Pa.C.S. § 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 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.

11 Pa.C.S. § 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). Cross References. Section 11053 is referred to in section 11054 of this title.

11 Pa.C.S. § 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. (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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 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. (c) Submission.--At the election, the ordinance shall be submitted without alteration in accordance with the Pennsylvania Election Code.

11 Pa.C.S. § 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. (c) Number.--Any number of ordinances may be referred and voted on at the same election.

11 Pa.C.S. § 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.

11 Pa.C.S. § 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 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. Cross References. Section 11062 is referred to in section 11036 of this title.

11 Pa.C.S. § 11063 Effect of 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.

11 Pa.C.S. § 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.

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