53 Pa.C.S. Ch. 11

53 Pa.C.S. Ch. 11
in effect

53 Pa.C.S. § 1121 Scope of subchapter.

This subchapter applies to all political subdivisions.

53 Pa.C.S. § 1122 Establishment and designation.

Whenever, due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place, the governing body of each political subdivision of this Commonwealth may meet at any place within or without the territorial limits of the political subdivision. The meeting may be held on the call of the presiding officer or any two members of the governing body and shall proceed to establish and designate, by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location or locations of government where all or any part of the public business may be transacted and conducted during the emergency situation. These sites or places may be within or without the territorial limits of the political subdivision and may be within or without this Commonwealth.

53 Pa.C.S. § 1123 Exercise of powers and functions.

During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of a political subdivision of this Commonwealth shall exercise at the location or locations all of the executive, legislative and judicial powers and functions conferred upon the governing body and officers by law. These powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law and pertaining to them, and all acts of the governing body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.

53 Pa.C.S. § 1124 Applicability of subchapter.

The provisions of this subchapter shall control, in the event it shall be employed, notwithstanding any statutory charter or ordinance provision to the contrary or in conflict with this subchapter.

53 Pa.C.S. § 1132 Declaration of policy.

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness and in order, in the event of such an attack, to assure continuity of government through legally constituted authority and responsibility in offices of the municipalities of this Commonwealth, to provide for the effective operation of government during an emergency and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for emergency interim succession to offices of the municipalities of this Commonwealth in the event the incumbents and their deputies authorized to exercise all of the powers and discharge the duties of these offices, referred to in this subchapter as deputies, are unavailable to exercise the powers and perform the duties of these offices.

53 Pa.C.S. § 1133 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Attack." Any attack on the United States which causes or may cause substantial damage or injury to civilian persons or property in any manner by sabotage or by the use of bombs, missiles or shellfire or by atomic, radiological, chemical, bacteriological or biological means or other weapons or processes. "Emergency interim successor." A person designated, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution of Pennsylvania, statutes, charters and ordinances or until the lawful incumbent is able to exercise the powers and discharge the duties of the office. "Office." All local offices, the powers and duties of which are defined by the Constitution of Pennsylvania or a statute, charter or ordinance. "Unavailable." When a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or when the lawful incumbent of the office or any deputy exercising the powers and discharging the duties of an office because of a vacancy and his authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.

53 Pa.C.S. § 1134 Enabling authority for emergency interim successors for local offices.

With respect to local offices for which the legislative bodies of municipalities may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, the legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors to offices. The resolutions and ordinances shall not be inconsistent with this subchapter. Cross References. Section 1134 is referred to in section 1135 of this title.

53 Pa.C.S. § 1135 Emergency interim successors for local officers.

This section is applicable to officers of municipalities not included in section 1134 (relating to enabling authority for emergency interim successors for local offices). Each officer, subject to any regulations as the executive head of the municipality may issue, shall designate by title, if feasible, or by named person emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this subchapter. The officer will designate a sufficient number of persons so that there will be not less than three deputies or emergency interim successors or any combination of them. If any officer or deputy of any municipality is unavailable, the powers of the office shall be exercised and the duties discharged by his designated emergency interim successors in the order specified. The emergency interim successors, in the order specified, shall exercise the powers and discharge the duties of the office to which designated until the vacancy is filled in accordance with the Constitution of Pennsylvania or statutes or until the officer, or his deputy or a preceding emergency interim successor, ceases to be unavailable.

53 Pa.C.S. § 1136 Formalities of taking office.

Prior to taking up the duties to which they may temporarily succeed, emergency interim successors shall take an oath as may be required for the office to which they may succeed.

53 Pa.C.S. § 1137 Succession period.

Emergency interim successors may exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack has occurred. The General Assembly, by concurrent resolution, may terminate the authority of the emergency interim successors to exercise the powers and discharge the duties of office as provided under this subchapter. Cross References. Section 1137 is referred to in section 1138 of this title.

53 Pa.C.S. § 1138 Term and removal of designees.

Until the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including section 1137 (relating to succession period), these persons may be removed or replaced by the designating authority at any time, with or without cause.

53 Pa.C.S. § 1141 Form of oaths of office.

Whenever an elected or appointed official of a municipality is required to take, subscribe or file an oath or affirmation of office, the oath or affirmation shall be in the form prescribed in this section, as follows: I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity. Cross References. Section 1141 is referred to in sections 1002, 1061, 10A03, 1172 of Title 8 (Boroughs and Incorporated Towns); sections 10905, 14403 of Title 11 (Cities); sections 504, 12303 of Title 16 (Counties); sections 1901, 1932, 3101 of Title 73 (Townships).

53 Pa.C.S. § 1142 Residency during military service.

(a) General rule.--A person's active military duty shall not disqualify the person from fulfilling a residency requirement imposed by a municipal code or charter as a qualification of elected office or to fill a vacancy of elected office. (b) Deemed residency.--For purposes of subsection (a), a person who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality unless and until the person demonstrates an intent to establish a new domicile outside of the municipality. (c) Definition.--As used in this section, the term "active military duty" shall include active service in any of the armed forces of the United States, including a National Guard or reserve component. (Oct. 30, 2017, P.L.1141, No.54, eff. 60 days) 2017 Amendment. Act 54 added section 1142. Cross References. Section 1142 is referred to in section 801 of Title 8 (Boroughs and Incorporated Towns).

53 Pa.C.S. § 1143 Ten-year limitation for acquiring title to vacant land for gardens in cities of the first class.

(a) Vacant land.--Notwithstanding 42 Pa.C.S. § 5527.1 (relating to ten year limitation), the following shall apply: (1) In cities of the first class, a possessor may acquire title to privately owned vacant land under this section in an action to quiet title under subsection (b). (2) In order to acquire title to vacant land under paragraph (1), the possessor must show that: (i) The possessor is a resident of a city of the first class. (ii) The possessor has made actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the vacant land for a period of not less than 10 years. (iii) At the time of filing the quiet title action under subsection (b), the possessor currently maintains the vacant land as a garden or community garden. (iv) At the time of filing the quiet title action under subsection (b), the possessor has maintained the vacant land as a garden or community garden for at least five years. (v) The petitioner has a demonstrated capacity to maintain the space by providing a simple plan for managing the work of tending garden beds, removing weeds within the garden and trash and snow removal outside the garden along street frontage as well as a simple plan for paying all required taxes, unless the petitioner is otherwise exempt. (vi) The following: (A) The court shall impose a deed restriction on the property at the time of acquisition that the property shall remain a garden or a community garden for a period of not less than seven years from the date of acquisition. The deed restriction, at a minimum, shall include a requirement that the petitioner shall: (I) Comply with local regulations relating to: (a) community gardens; (b) managed open spaces; (c) health codes; and (d) permanent structures. (II) Only use the vacant land for the permitted use. (B) The deed restriction shall be removable upon petition to the court and a showing that the restriction will impose a financial or economic hardship on the current title holder. (b) Quiet title action required.--A possessor who seeks to acquire title to real property under this section must, after meeting the requirements under subsection (a), commence a quiet title action and provide notice as required under 42 Pa.C.S. § 5527.1(c)(2) and (3) and (d). (c) Nonexclusive remedy.--The relief available under this section is intended to be cumulative and not exclusive of any other rights or remedies that may be available under law or equity, including, but not limited to, the determination of title to a decedent's interest in real estate under 20 Pa.C.S. § 3546 (relating to determination of title to decedent's interest in real estate). (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Action." As defined in 42 Pa.C.S. § 102 (relating to definitions). "Court." As defined in 42 Pa.C.S. § 102. "Garden" or "community garden." Real property that has no permanent structure that is managed and maintained by an individual, a group of individuals or a nonprofit organization, and that consists of open spaces covered with natural vegetation such as grass, plants or trees or planted vegetation such as vegetables, fruits or flowers for personal or group consumption, for donation or for sale that is incidental in nature. "Permanent structure." The term does not include fences, arbors, sunshades, gazebos, pergolas, trellises, stages, raised beds, composting toilets, storage structures, sheds, greenhouses, hoop houses, animal containments or anything that could be removed without obtaining a municipal demolition permit. "Permitted use." The term includes growing, harvesting and storing flowers, fruits, vegetables, small ornamental plants and cover crops for personal or group consumption, for donation or for sale. The term shall not include flowers, fruits, vegetables, small ornamental plants and cover crops that are regulated or prohibited by Federal law. "Privately owned vacant land." Vacant land that is privately owned. The term does not include vacant land owned by any of the following: (1) The Federal Government. (2) The Commonwealth. (3) A city of the first class. (4) A municipal organization. (5) A land bank. (6) A redevelopment authority. (7) A public body. (8) A body corporate and politic. (9) A nonprofit corporation to which the following apply: (i) The nonprofit corporation is organized under the laws of this Commonwealth. (ii) The directors of the nonprofit corporation include the mayor and other officials of a city of the first class. (iii) Upon the dissolution of the nonprofit corporation, full legal title to all land acquired by the nonprofit corporation for the purpose or as a result of the development, improvement and maintenance of the land shall vest in the city of the first class. "Vacant land." Real property that has no permanent structures and as described by the metes and bounds does not exceed a total area of one-half acre. (July 8, 2024, P.L.538, No.50, eff. 60 days) 2024 Amendment. Act 50 added section 1143.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=53Fetched: 10/16/2026