Title 8, BOROUGHS AND INCORPORATED TOWNS

(a) Authority.--To comply with the practices and principles of scientific forestry, the council has the following powers: (1) To pass a resolution to prune or thin out a municipal forest or portion of a municipal forest. (2) To sell the products of the pruning or thinning out. (b…

A borough may appropriate annually, out of the general funds of the borough, a sum for the care, upkeep, maintenance and beautifying of: (1) cemeteries and burial grounds lying wholly or partly within the boundary limits of the borough or in the territory immediately adjacent to …

A borough may prohibit the burial or interment of deceased persons anywhere within borough limits.

If the title and management of a cemetery is vested in a borough, the council may, by ordinance, vest the care, management and operation of the cemetery in a cemetery commission of three citizens to be appointed by the council. The ordinance shall provide for the terms of the cem…

(a) Authority.--Upon petition of at least 10% of living cemetery lot owners, the council may transfer the cemetery and its management to an incorporated cemetery company. (b) Procedure.--Upon presentation of a petition under subsection (a), the council may enact an ordinance decl…

(a) Judicial action.-- (1) Upon the petition of an incorporated cemetery company and the owners of a majority of the taxable real estate in the borough, the court of common pleas may authorize the transfer of a cemetery to the borough where the cemetery is located or is adjacent …

(a) Maintenance.--The council may, upon compliance with subsection (b), direct the removal of weeds, refuse and debris from an abandoned or neglected cemetery. (b) Notice.-- (1) To exercise the power under subsection (a), the council must give notice to the owner directing the re…

In altering the plot of a cemetery, bodies may be removed and reinterred in a suitable place but without cost to surviving relatives.

(a) Authority.-- (1) This subsection applies to a privately owned cemetery, a borough-owned cemetery or a cemetery affiliated with a religious society or church or any other organization, when the cemetery: (i) has ceased to be used for interments; (ii) has become so neglected as…

(a) Authority.--A borough may purchase plots of ground in a cemetery or burial ground within its limits for the interment of deceased members of the armed forces who: (1) die within the borough or have a legal residence within the borough at the time of death; and (2) are entitle…

(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 l…

(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 o…

(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) Lic…

(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 …

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 t…

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.

(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…

(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 erect…

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 wate…

(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 th…

(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 organiza…

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.

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.

(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 following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." A board of health established under section 3101(a) (relating to administration). "Board secretary." The secret…

(a) Establishment.--The council may, by ordinance, appoint a board of health or a health officer to administer and enforce the health ordinances and related ordinances of the borough. A health officer must have experience or training in public health work and must, within six mon…

(a) Membership.-- (1) A board appointed by a council shall be composed of three or five members, subject to the following: (i) Except as set forth in subparagraph (ii), at least one member must be a professional health care provider with not less than two years' experience in the…

(a) Oath of office.--A member of the board must take the oath prescribed for borough members of council. (b) Officers.-- (1) The board shall annually organize by electing: (i) a president from among the members of the board; (ii) a board secretary who may or may not be a member o…

The board secretary has the following duties: (1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating to records), the minutes of the proceedings of the board and keep accurate accounts of the expenditures of the board. (2) To draw requisitions for the payment of money on acc…

(a) Powers.--A health officer may issue a citation for violation of a health ordinance or related law. (b) Duties.--A health officer has the following duties: (1) Administer and enforce the health ordinances of the borough and related law. (2) Perform the duties as are vested in …

(a) Powers.--A board has the following powers to: (1) Recommend to the council rules and regulations necessary for the preservation of the public health and for carrying into effect the functions of the board. (2) Appoint a health officer. A health officer must have experience or…

(a) Authority.-- (1) This subsection applies to all of the following: (i) A member of a board. (ii) A health officer. (iii) An employee of a board or a health officer. (iv) An agent of a board or a health officer. (2) An individual subject to paragraph (1) may, upon order of the …

(a) Initial order.--If the board finds a condition or premises to be a nuisance to the health of the people of the borough, it shall issue a written order of abatement directed to the owner or agent of the owner of the premises. The order shall: (1) state that the conditions spec…

(a) Estimate.--The board or the health officer shall submit to council, before commencement of the borough's fiscal year, an estimate of the probable expenditures of the board or the health officer during the ensuing fiscal year. (b) Appropriation.--Council shall make appropriati…

A borough may cooperate in the administration and enforcement of health laws with: (1) the department; (2) a county in which the borough is located; and (3) a municipal corporation.

(a) No limitation.--Nothing in this part may be construed to limit the powers and duties of the department, including the powers and duties under Article XXI of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (b) Expenses.-- (1) Expenses of t…

(a) General rule.--The following shall apply to the construction, alteration, repair and occupancy of all buildings and structures within a borough: (1) The Pennsylvania Construction Code. (2) The Uniform Construction Code adopted under section 301 of the Pennsylvania Constructio…

A borough may propose and enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code in accordance with section 503 of the Pennsylvania Construction Code. Any ordinance exceeding the provisions of the Uniform Construction Code shall be require…

(a) Abatement.--Except as provided under subsection (b), any building, housing or property or a part of any building, housing or property erected, altered, extended, reconstructed, removed or maintained, contrary to the provisions of an ordinance passed for the purposes specified…

(a) Enactment.--Notwithstanding the primacy of the Uniform Construction Code, a borough may enact one of the following: (1) A property maintenance ordinance and may incorporate a standard or nationally recognized property maintenance code, or any variations or changes or parts of…

(a) Power.--If, as a result of legislative action or final order of court which is not subject to appellate review, the Uniform Construction Code or any replacement code is no longer applicable in boroughs, a borough may: (1) Enact and enforce ordinances to govern and regulate th…

(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 …

(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. Pub…

(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 k…

(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 res…

(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 (…