8 Pa.C.S. Ch. 29

in effect

8 Pa.C.S. § 29A01 Eminent domain for National Guard purposes.

(a) Authority.--Except as set forth in subsection (b), the council may take, by right of eminent domain, for the purpose of appropriating to the borough for the use of the Pennsylvania National Guard, public lands, easements and property as may be in its possession or control and used or held by the borough for any other purpose. (b) Exception.--Eminent domain may not be exercised as to a street or wharf.

8 Pa.C.S. § 29A02 Land for armory purposes.

(a) Authority.--Except as set forth in subsection (b), the council may acquire, by purchase or by gift or by the right of eminent domain, land for the use of the Pennsylvania National Guard, to be conveyed to the Commonwealth in order to assist the State Armory Board in the erection of armories. (b) Exception.--The power under subsection (a) may not be exercised to take any of the following: (1) Church property. (2) A graveyard or cemetery. (3) A dwelling house or the curtilage of property: (i) designated in paragraph (1) or (2); and (ii) in the actual occupancy of the owner.

8 Pa.C.S. § 29A03 Appropriation to assist in erection of armories.

The council has the following powers: (1) To appropriate money or convey land, either independently or in conjunction with another municipality, to: (i) assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard; and (ii) furnish water, sewer service, light or fuel free of cost to the Commonwealth for use in any armory of the Pennsylvania National Guard. (2) To do all things necessary to accomplish the purpose of this section.

8 Pa.C.S. § 29A04 Support of Pennsylvania National Guard units.

(a) Appropriation.--The council may appropriate annually a sum to be used and expended exclusively for the support and maintenance, discipline and training of a unit of the Pennsylvania National Guard. (b) Payment.-- (1) The money appropriated shall be paid by warrant drawn to the order of the commanding officer of the unit upon certification to the borough, by the Adjutant General, that the unit has satisfactorily passed the annual inspection provided by law. (2) The commanding officer shall account, by proper vouchers to the borough each year, for the expenditure of the money appropriated. No appropriation shall be made for any subsequent year until the expenditure of the previous year is 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 Auditor General in accordance with law.

8 Pa.C.S. § 29A11 Appropriations to organizations and American Gold Star Mothers, Inc.

(a) Appropriation.-- (1) The council may appropriate annually money to aid in defraying the expenses of Memorial Day, Veterans' Day or a similar day provided for by Federal or State law. (2) The appropriation shall be divided in amounts as council deems proper to: (i) an organization composed of veterans of a war in which the United States was engaged; and (ii) American Gold Star Mothers, Inc. (3) The money shall be appropriated to defray actual expenses only. (b) Payment.--Before payment is made, the organization receiving the appropriation must submit verified accounts of its expenditures.

8 Pa.C.S. § 29A12 Payment of rent for meetings.

The council may appropriate annually a sum to an incorporated organization of American veterans of a war in which the United States was engaged, to be used in the payment of the rent for a facility in which the organization has its regular meetings.

8 Pa.C.S. § 29A13 Rooms for veterans' organizations and children.

The council may furnish without charge to an organization composed of American veterans of a war in which the United States was engaged and children of the veterans a room in a public building of the borough.

8 Pa.C.S. § 29A14 Care and erection of memorials.

(a) Authority.--The council may control and maintain a soldier's memorial which is: (1) situated in the borough; (2) not controlled and maintained by an individual or entity; and (3) not placed by the Federal Government, the Commonwealth, the county or another state. (b) Funding.--The council may receive and expend any money to be used for the maintenance of the memorials. (c) Contributions.--The council may contribute to the erection and maintenance of a memorial in honor of those who served in a war in which the United States was engaged.

8 Pa.C.S. § 2901 Licensing transient retail business.

(a) Authority.--A borough may, by ordinance, regulate and license transient merchants engaged in any transient retail business within the borough. (b) Licensure.--The following shall apply: (1) An ordinance under this section may prohibit the transient retail business without a license and provide for enforcement by penalties or other appropriate means. (2) Except as set forth in paragraph (3), an ordinance under this section may set a license fee which bears a reasonable relationship to the cost of administering the ordinance and regulating and inspecting the transient retail business. (3) Paragraph (2) does not apply as follows: (i) Except as set forth in paragraph (ii), the ordinance may not impose a license fee on the following transient merchants: (A) A farmer selling the farmer's own produce. (B) A person selling personal property if the proceeds of the sale are to be applied to a charitable or philanthropic purpose. (C) A manufacturer or producer in the sale of any of the following: (I) Bread. This subclause includes a bakery product. (II) Meat. This subclause includes a meat product. (III) Milk. This subclause includes a milk product. This subclause does not include ice cream or another frozen dessert. (ii) The exception under this paragraph does not apply to a transient merchant that is also selling other personal property not excepted under subparagraph (i). (c) Registration.--An ordinance under this section may require that a transient merchant exempt under subsection (b)(2) register with the borough and otherwise be subject to all other provisions of the ordinance. (d) Definition.--As used in this section, the term "transient merchant" means a person engaged in transient retail business for the sale of personal property, whether the business is conducted from a fixed location within the borough or by an individual engaged in peddling, soliciting or the taking of orders from house to house.

8 Pa.C.S. § 2902 Licensure saved.

(a) Commonwealth.--Nothing contained in this chapter shall be construed to relieve a person from a statutorily imposed: (1) licensure requirement; (2) license tax; or (3) license fee. (b) Boroughs.--A Commonwealth license tax or fee shall not preempt the registration, licensing or regulatory powers of a borough in accordance with this chapter unless the preemption is expressly authorized.

8 Pa.C.S. § 2903 Licensing parking lots and parking garages operated for profit.

(a) Authority.-- (1) A borough may, by ordinance, regulate the business of operating parking lots or parking garages for profit within the borough and may require the lots or garages to reserve areas exclusively for parking by handicapped individuals. Under the ordinance: (i) License or permit fees may be charged and collected from the operators of the parking lots or parking garages. (ii) Security is subject to the following: (A) Except as set forth in clause (B), the borough shall require from each operator of a parking lot or parking garage a bond to be approved by the council for the protection of the public from loss of or damage to vehicles parked, stored or placed under the jurisdiction of a parking lot or parking garage operator. (B) Clause (A) shall not apply to parking lots or parking garages operated by a municipal authority or a parking authority. (2) An ordinance under paragraph (1) must be consistent with 75 Pa.C.S. (relating to vehicles). (b) Individuals with disabilities.--Nothing in this section may be construed to limit statutory and regulatory protections and prohibitions contained relating to the rights of disabled individuals.

8 Pa.C.S. § 2904 Persons taking orders by samples.

(a) Prohibition.--A borough may not impose, levy or collect a license fee or mercantile tax upon a person that takes, by sample, from a dealer or merchant an order for merchandise on behalf of an individual or company that pays a license fee or mercantile tax at the individual's or company's chief place of business. (b) Limitation.--Nothing in this section shall authorize a person to sell by retail to a person other than a dealer or merchant without payment of a license or permit fee.

8 Pa.C.S. § 2905 Equality of residents and nonresidents.

A borough may not enact an ordinance imposing a license fee upon a manufacturer, including an agent and employee, that is a resident of this Commonwealth and solicits orders for or sells personal property manufactured in this Commonwealth if the borough could not legally impose the same license fee upon a manufacturer, including an agent and employee, that is a nonresident of this Commonwealth and solicits orders for or sells personal property manufactured outside this Commonwealth.

8 Pa.C.S. § 2906 Insurance business.

A borough may not impose a license fee upon an insurance company, including an agent, or an insurance broker authorized to transact business under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

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