2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.3 - Enactment, approval and veto

§ 3301.3. Enactment, approval and veto.
(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 known address. Delivery shall be deemed complete upon depositing in the mail, postage or charges prepaid, as evidenced by a certificate of mailing.
(2) The following shall apply:
(i) If the mayor approves the ordinance, the mayor shall sign it.
(ii) If the mayor does not approve the ordinance, the mayor shall return it with objections, which shall be entered upon the minutes, to the council at its next scheduled meeting occurring at least ten days after the meeting at which the ordinance was enacted by council.
(iii) Council shall reconsider the ordinance either at the meeting at which the vetoed ordinance was returned or not later than ten days after the meeting at any other scheduled meeting. If, after reconsideration, a majority of all elected council members plus one votes to override the mayor's veto, the ordinance shall have full force and effect as if it had received the approval of the mayor. The vote shall be determined by yeas and nays, and the names and votes of the members shall be entered upon the minutes.
(iv) A scheduled meeting, as used in this section, may be either a regular, special or reconvened meeting.
(3) If an ordinance is not returned by the mayor at council's next scheduled meeting occurring at least ten days after its presentation to the mayor, the ordinance shall have full force and effect as if it had been approved by the mayor.
(b) Effective date.--
The effective date of an enacted ordinance, except as provided in the ordinance, shall be one of the following:
(1) The date when the mayor approves the ordinance.
(2) The date of enactment by the council over the veto of the mayor.
(3) For an ordinance not returned by the mayor at the next scheduled meeting of council occurring at least ten days after the meeting at which the ordinance was enacted by the council, the date of the succeeding scheduled meeting of council.
(c) Tax ordinance or resolution.--
The following shall apply:
(1) If council presents the mayor with the annual tax ordinance or resolution under section 1310.1 (relating to tax ordinance or resolution), the mayor shall, within ten days of receiving the tax ordinance or resolution, approve or return the tax ordinance or resolution to the borough secretary with a statement setting forth the mayor's objections.
(2) Council shall reconsider the tax ordinance or resolution at any scheduled meeting held not later than ten days after the mayor has returned the tax ordinance or resolution to the secretary with the mayor's objections. The mayor's objections shall be entered upon the minutes of the meeting.
(3) A veto of the tax ordinance or resolution of the borough may be overridden by a vote of a majority of all elected council members plus one. If the veto is overridden, the ordinance or resolution shall have full force and effect as if it had received the approval of the mayor.
(4) If the mayor neither approves the tax ordinance or resolution nor returns it with objections, the date of enactment of the tax ordinance or resolution shall be the date of the adoption of the tax ordinance or resolution by council.
(July 2, 2019, P.L.351, No.51, eff. 60 days)
2019 Amendment.
Act 51 amended subsec. (c).
Cross References.
Section 3301.3 is referred to in section 1310.1 of this title.