reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.1 - Ordinances and resolutions

§ 3301.1. Ordinances and resolutions.
(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 amend, repeal or revise existing ordinances by the enactment of subsequent ordinances.
(b) Legislative acts.--
Every legislative act of council must be by ordinance. Legislative acts shall include, but not be limited to:
(1) Tax ordinances.
(2) General appropriation ordinances.
(3) Capital expenditures not payable out of current funds.
(4) Legislation doing any of the following:
(i) Exercising the police power of the borough.
(ii) Regulating land use, development and subdivision.
(iii) Imposing building, plumbing, electrical, property maintenance, housing and similar standards.
(iv) Regulating the conduct of a person or entity within the borough and imposing penalties for violation of the regulated conduct.
(5) Imposing assessments on benefited property for public improvements in accordance with Chapter 21A (relating to assessments and charges for public improvements).
(c) Resolutions.--
Council shall adopt resolutions in accordance with this part and the laws of this Commonwealth. Resolutions may be adopted for any purpose, including, but not limited to, the following:
(1) Ceremonial or congratulatory expressions of the good will of the council.
(2) Statements of public policy of the council.
(3) Approval of formal agreements of the borough, except for agreements arising under an established purchasing system of the borough.
(4) Approval, if required, of administrative rules, regulations and bylaws arising under State statutes or borough ordinances.
(5) The filling of borough-appointed positions and of vacancies of elected officials, except as otherwise provided.
(6) Annual tax millage rate in accordance with section 1302(a) (relating to tax levy).
(d) Real and personal property.--
Council's approval of the acquisition, disposition and leasing of real or personal property shall be by adoption of a resolution in a manner consistent with this part.
(July 2, 2019, P.L.351, No.51, eff. 60 days)
2019 Amendment.
Act 51 amended subsec. (c).
Special Provisions in Appendix.
See section 4(3)(xvii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
Cross References.
Section 3301.1 is referred to in section 3301.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.2 - Publication

§ 3301.2. Publication.
(a) Requirements.--
Except as provided under this part or other law, council shall publish every proposed ordinance once in one newspaper of general circulation for at least seven days and not more than 60 days prior to enactment prior to the day when council shall vote on the proposed ordinance. Publication of any proposed ordinance shall include all of the following:
(1) The full text or the title of the ordinance and a brief summary prepared by the borough solicitor setting forth all the provisions in reasonable detail.
(2) A reference to the borough office or other place where borough records are kept where copies of the proposed ordinance may be examined.
(b) Summary.--
If the full text is not included in the publication of the proposed ordinance, the following shall apply:
(1) The newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the full text.
(2) The following shall apply:
(i) In addition to copies of the full text of the proposed ordinance retained where borough records are kept in accordance with subsection (a), an attested copy of the full text shall be filed in the county law library or other county office designated by the county commissioners.
(ii) The county commissioners may impose a fee not greater than the actual costs of storing the proposed ordinance.
(iii) 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.
(iv) Upon request by the borough, the county shall notify the borough of the method by which electronic copies may be submitted.
(v) The county may store the ordinance electronically if the public is able to access the electronically stored borough ordinances during regular business hours at the office or at a remote location.
(vi) The borough shall retain a printed copy of the email and ordinance as transmitted.
(3) The date of the filing with the county under paragraph (2) shall not affect the effective date of the ordinance and shall not be deemed a defect in the process of the enactment of the ordinance.
(c) Notice of amendments.--
If substantial amendments are made in the proposed ordinance before voting upon enactment, council shall, within ten days, readvertise in one newspaper of general circulation a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. A copy of the full text of the amended proposed ordinance shall be retained where borough records are kept.
Special Provisions in Appendix.
See section 4(3)(xviii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.4 - Recording, advertising and proof

§ 3301.4. Recording, advertising and proof.
(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 resolutions pertaining to tax levies shall, within 30 days after approval by the mayor, the council's override of the mayor's veto or the council's next scheduled meeting after its presentation to the mayor, be recorded by the borough secretary in an ordinance book. The ordinance book shall be open to the inspection of citizens during normal business hours.
(b) Proof.--
All ordinances may be proved by the certificate of the borough secretary under the corporate seal. If an ordinance is printed or published in book or pamphlet form by the authority of the borough, the ordinance shall be accepted as evidence without further proof. The entry of the borough ordinance or the entry of a borough resolution pertaining to a tax levy in the ordinance book shall be sufficient without the signature of the president of council, mayor or member of council.
(c) Prior ordinances.--
The text of a borough ordinance or a portion of an ordinance which was attached to the ordinance book before January 1, 1966, shall be considered in force as if the ordinances or portions of ordinances had been recorded in the ordinance book if all other requirements of this part applicable to the enactment, approval, advertising and recording of the ordinances or portions of ordinances were complied with within the time limits prescribed under this part.
(July 2, 2019, P.L.351, No.51, eff. 60 days)
2019 Amendment.
Act 51 amended subsecs. (a) and (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.5 - Codification of ordinances

§ 3301.5. Codification of ordinances.
(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
(2) enact a complete group ordinance, repealing or amending existing ordinances as necessary.
(b) Enactment.--
For a consolidation, codification or revision under subsection (a), the following apply:
(1) The ordinance must be introduced in the council at least 30 days before its final enactment.
(2) At least 15 days before final enactment, notice of the introduction of the ordinance must be given by advertisement in a newspaper of general circulation. For enactment under subsection (a)(2), the notice must list, in lieu of a table of contents, the titles of each of the ordinances in the complete group.
(c) Subsequent notice.--
When any consolidation, codification or revision under subsection (a) has been enacted as an ordinance, it shall not be necessary to advertise the entire text, but it shall be sufficient to publish a notice referring to notice under subsection (b)(2) and stating final enactment.
(July 2, 2019, P.L.351, No.51, eff. 60 days)
2019 Amendment.
Act 51 amended subsec. (a)(1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.6 - Appeals from ordinances

§ 3301.6. Appeals from ordinances.
Complaint as to the legality of any ordinance or resolution must be made to the court of common pleas. In cases of ordinances laying out streets over private lands, the court shall have jurisdiction to review the propriety as well as the legality of the ordinance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3301.7 - Replacement of ordinance books

§ 3301.7. Replacement of ordinance books.
(a) Ordinance.--
(1) If an ordinance book is unserviceable, the council may provide by ordinance for the secretary of the borough to establish a replacement ordinance book recording all ordinances affected by the replacement.
(2) The following apply to an ordinance under this subsection:
(i) The ordinance must be recorded in the ordinance book immediately following the recorded ordinances affected by the replacement.
(ii) The ordinance must direct the secretary, upon completion of the recording, to publish once, in one newspaper of general circulation, a notice:
(A) identifying the ordinances contained in the unserviceable ordinance book; and
(B) stating that the old books and records of borough ordinances and the replacement ordinance book are open to public inspection for the purpose of verification and correction for a period of 30 days from the date of the notice.
(b) Secretary.--
(1) The secretary, in recording the ordinances, must make complete copies of the ordinances, including the date of enactment and approval and the names of the officers who signed them.
(2) After notice and corrections under subsection (a)(2)(ii), the secretary must certify each ordinance as a correct copy of the original.
(c) Effect.--
Upon compliance with subsection (b), the recorded replacement ordinance shall replace the original ordinance as the ordinances of the borough for the period covered by the new ordinance book.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3321 - Fines and penalties

§ 3321. Fines and penalties.
(a) Prescription.--
(1) A borough ordinance shall prescribe fines and penalties for violation.
(2) A civil penalty may not exceed $600 per violation.
(3) The council may prescribe a criminal fine not to exceed $1,000 per violation and may prescribe imprisonment to the extent allowed by law for the punishment of a summary offense.
(4) An ordinance under this subsection may provide that a separate violation under paragraph (2) or (3) shall arise for:
(i) each day of violation; and
(ii) each applicable section of the ordinance.
(5) An ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the borough in the enforcement proceedings.
(6) The council may delegate the initial determination of ordinance violation and the service of notice of violation to a qualified officer or agent.
(b) Enforcement at law.--
Unless otherwise provided by statute, a borough ordinance shall set forth the method of its enforcement in accordance with the following:
(1) Except as provided in paragraph (2), if the penalty is not paid, the borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. A borough shall be exempt from the payment of costs in an action under this paragraph.
(2) For an ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water or air or noise pollution, enforcement shall be by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The municipal solicitor may assume charge of the prosecution without the consent of the district attorney as required under Pa.R.Crim.P. No. 454 (relating to trial in summary cases). Violations of the property maintenance code or ordinance may also be enforced under section 32A04(c) (relating to property maintenance code).
(3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to July 16, 2012, shall be deemed automatically amended so that it shall be enforced under paragraph (1).
(4) If a civil claim under this subsection, exclusive of interest, costs or fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a) (relating to jurisdiction and venue), the borough may:
(i) bring the action in a court of common pleas; or
(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).
(c) Enforcement in equity.--
In addition to or in lieu of enforcement under subsection (b), a borough may enforce an ordinance in equity in a court of common pleas of the county where the borough is situate.
(d) Payment.--
Money collected under subsection (b) shall be paid to the borough treasurer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3322 - Commitment pending trial

§ 3322. Commitment pending trial.
An individual arrested for the violation of a borough ordinance may, pending trial, be committed to:
(1) the borough correctional facility; or
(2) if there is no suitable borough correctional facility, a county correctional facility.
Cross References.
Section 3322 is referred to in section 3324 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3323 - Commitment after trial

§ 3323. Commitment after trial.
A defendant sentenced to imprisonment for a violation of a borough ordinance may be committed to:
(1) the borough correctional facility for up to ten days; or
(2) a county correctional facility for up to 30 days.
Cross References.
Section 3323 is referred to in section 3324 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 33 - Ordinances › Section 3324 - Payment of costs by borough

§ 3324. Payment of costs by borough.
If a prisoner is committed to a county correctional facility under section 3322(2) (relating to commitment pending trial) or 3323(2) (relating to commitment after trial), the expenses of maintaining the prisoner during confinement shall be paid by the borough, and the county shall not be liable for the maintenance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 35 - Acts of Assembly Repealed and Saving Clause › Section 3501 - Repeals

§ 3501. Repeals.
(a) (Reserved).
(b) Inconsistent repeal.--
All acts or parts of acts inconsistent with this part are repealed. This part shall furnish a complete and exclusive system for the government and regulation of boroughs, except as enumerated under section 102 (relating to excluded provisions).
(c) Law not repealed.--
Nothing under this part shall be construed to repeal any of the following:
(1) A local or special law.
(2) A law relating to the Navigation Commission for the Delaware River and its Navigable Tributaries.
(3) A law, the enforcement of which is vested in the Department of Health.
(3.1) A law, the enforcement of which is vested in the Department of Environmental Protection.
(4) A law, the enforcement of which is vested in the Department of Conservation and Natural Resources.
(5) The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
(6) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(7) 45 Pa.C.S. (relating to legal notices).
(8) 65 Pa.C.S. (relating to public officers).
(9) 66 Pa.C.S. Pt. I (relating to Public Utility Code).
(d) Revival.--
Nothing under this part shall be construed to revive any act or part of a repealed act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chronological History

Provision Affected
How Affected
By Law, Decision or Rule
Title 9
Title
Added
Nov. 25, 1970, P.L.707, No.230
§ 101 and Ch. 1
Added
Nov. 15, 1972, P.L.1063, No.271
§ 101 defs. of "cemetery" amended and "burial plot," "private cemetery," "private family cemetery" and "proof of purchase" added
Amended or added
Dec. 21, 2017, P.L.1205, No.64
§ 201 Ch. 2 (Reserved)
Added
Nov. 15, 1972, P.L.1063, No.271
§ 301 and Ch. 3
Added
Nov. 15, 1972, P.L.1063, No.271
§ 302
Added
Nov. 15, 1972, P.L.1063, No.271
§ 302 (a)
Amended
Dec. 3, 1993, P.L.485, No.71
§ 303
Added
Nov. 15, 1972, P.L.1063, No.271
§ 303
Amended
Dec. 3, 1993, P.L.485, No.71
§ 304
Added
Nov. 15, 1972, P.L.1063, No.271
§ 304
Amended
Mar. 7, 1982, P.L.149, No.48
§ 305
Added
Nov. 15, 1972, P.L.1063, No.271
§ 306
Added
Nov. 15, 1972, P.L.1063, No.271
§ 307
Added
Nov. 15, 1972, P.L.1063, No.271
§ 308
Added
Nov. 15, 1972, P.L.1063, No.271
§ 308
Amended
Mar. 7, 1982, P.L.149, No.48
§ 309
Added
Nov. 15, 1972, P.L.1063, No.271
§ 310
Added
Nov. 15, 1972, P.L.1063, No.271
§ 311
Added
Nov. 15, 1972, P.L.1063, No.271
§ 312
Added
Mar. 7, 1982, P.L.149, No.48
§ 501 and Ch. 5
Added
Dec. 21, 2017, P.L.1205, No.64
§ 701 and Ch. 7
Added
Dec. 21, 2017, P.L.1205, No.64
§ 702
Added
Dec. 21, 2017, P.L.1205, No.64
§ 703
Added
Dec. 21, 2017, P.L.1205, No.64
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Extra - Title Notes

Special Provisions in Appendix.
See section 3 of Act 48 of 1982 in the appendix to this title for special provisions
            relating to accounts of qualified trustee.
09c309s
Enactment.
Unless otherwise noted, the provisions of Title 9 were added November 15, 1972, P.L.1063,
            No.271, effective in 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Extra - Appendix To Title

APPENDIX TO TITLE 9
BURIAL GROUNDS
Supplementary Provisions of Amendatory Statutes
1982, MARCH 7, P.L.149, NO.48
§ 3. Accounts of qualified trustee.
(a) General rule.--
The initial accounts required to be filed pursuant to 9 Pa.C.S. § 308(b)(1) (relating to accounts of qualified trustee) shall be filed within 24 months of the effective date of this amendatory act and shall cover the period from January 1, 1981 through December 31, 1982. Thereafter accounts shall be filed on or before January 31 of each odd-numbered year.
(b) Interim reports.--
The initial interim report required to be filed pursuant to 9 Pa.C.S. § 308(b)(2) shall be filed on or before January 31, 1984 and shall cover the period from January 1, 1983 through December 31, 1983.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 1 - General Provisions › Section 101 - Definitions

§ 101. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific chapters or other provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Burial plot."
Real property where an individual has the right to be interred when the individual dies, but legal title to ownership of the land has not been conveyed by the person who owns the land.
"Cemetery."
A place for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the term does not include a private cemetery or a private family cemetery.
"Cemetery company."
Any person who offers or sells to the public the ownership, or the right to use, any cemetery lot.
"Department."
The Department of State acting through the Commissioner of Professional and Occupational Affairs.
"Institutional trustee."
Any bank and trust company, trust company or national banking association having fiduciary powers.
"Lot."
Includes a lot, plot or part of a cemetery.
"Permanent lot care fund."
The permanent lot care fund required by the provisions of Chapter 3 of this title (relating to regulation of cemetery companies).
"Private cemetery."
A place for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the ownership or right to use any burial plot is not offered to the public.
"Private family cemetery."
A place for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the ownership or right to use any burial plot is restricted to a group of persons related to each other by blood or marriage.
"Proof of purchase."
A grave deed, contract or other document or receipt which reasonably demonstrates ownership or the right to use a burial plot.
"Qualified trustee."
An institutional trustee or an incorporated cemetery company when acting pursuant to the authority conferred by section 309 of this title (relating to incorporated cemetery company as qualified trustee).
(Dec. 21, 2017, P.L.1205, No.64, eff. 60 days)
2017 Amendment.
Act 64 amended the def. of "cemetery" and added the defs. of "burial plot," "private cemetery," "private family cemetery" and "proof of purchase." Section 3 of Act 64 provided that Act 64 shall apply to cemeteries, private cemeteries and private family cemeteries regardless of the date of burial or acquisition of title to the cemetery, private cemetery or private family cemetery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Extra - Chapter Notes

Enactment.
Chapter 3 was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
Cross References.
Chapter 3 is referred to in section 101 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 301 - Initial deposits by newly-organized cemetery companies

§ 301. Initial deposits by newly-organized cemetery companies.
(a) General rule.--
No cemetery company shall establish a cemetery, or dispose or make sale of any lot therein, without first causing to be deposited with a qualified trustee a sum of not less than $25,000 as a permanent lot care fund.
(b) Exceptions.--
The provisions of subsection (a) of this section shall not apply to any bona fide church or religious congregation or any association created by any such bona fide church or religious congregation.
Cross References.
Section 301 is referred to in sections 304, 305, 306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 302 - Initial deposits by existing cemetery companies

§ 302. Initial deposits by existing cemetery companies.
(a) General rule.
--No cemetery company specified in subsections (b) or (c) of this section shall dispose or make any sale of any lot situated in the cemetery of such cemetery company, without first causing to be deposited with a qualified trustee a sum of not less than $50,000 as a permanent lot care fund.
(b) Unincorporated companies.
--The provisions of subsection (a) of this section shall apply to every unincorporated cemetery company:
(1) which established a cemetery on or after October 2, 1959; or
(2) which extended or enlarged its cemetery or acquired additional lands for such purposes on or after October 2, 1959.
(c) Incorporated companies.
--The provisions of subsection (a) of this section shall apply to:
(1) a corporation not-for-profit incorporated on or after November 18, 1961; or
(2) a corporation for profit incorporated on or after January 19, 1952. (Dec. 3, 1993, P.L.485, No.71, eff. 60 days)
1993 Amendment.
Act 71 amended subsec. (a).
Cross References.
Section 302 is referred to in sections 304, 305, 306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 303 - Periodic deposits

§ 303. Periodic deposits.
Every cemetery company shall set aside annually and deposit into a permanent lot care fund a sum equal to at least 15% of the gross amount of the funds arising from each of the following:
(1) The sale of lots in the cemetery of such cemetery company or a sum equal to at least $1 per square foot of each lot sold, whichever is greater.
(2) The construction cost of each crypt sold in a mausoleum of the cemetery company or $50 per crypt, whichever is greater.
(3) The construction cost of each niche sold in a columbarium of the cemetery company or $25 per niche, whichever is greater. (Dec. 3, 1993, P.L.485, No.71, eff. 60 days)
Cross References.
Section 303 is referred to in sections 305, 306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 304 - Registration and filing affidavit of compliance

§ 304. Registration and filing affidavit of compliance.
(a) Registration with State Real Estate Commission.
--
(1) Except as provided in paragraph (2), every cemetery company shall have a current and valid registration certificate issued by the State Real Estate Commission pursuant to the act of February 19, 1980 (P.L.15, No.9), known as the "Real Estate Licensing Act," before disposing of any lot in its cemetery or before carrying on any other cemetery business. The biennial fee for the registration certificate shall be $25.
(2) The provisions of paragraph (1) shall not apply to cemetery companies and cemeteries owned or controlled by a bona fide church or religious congregation or fraternal organization or by any association created by a bona fide church or religious congregation or fraternal organization.
(b) Affidavit of compliance.
--Every cemetery company subject to the provisions of section 301 (relating to initial deposits by newly-organized cemetery companies) or section 302 (relating to initial deposits by existing cemetery companies) shall, before disposing of any lot in its cemetery, cause to be filed in the Department of State an affidavit signed by a member or officer of the cemetery company stating that it has complied with the applicable section of this title, to which affidavit shall be attached an acceptance by a qualified trustee, acknowledging its acceptance of the trusteeship. The affidavit shall contain such other information as the department may require. (Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
References in Text.
The short title of the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing Act, referred to in subsec. (a), was amended by the act of March 7, 1982 (P.L.158, No.50). The amended short title is now the Real Estate Licensing and Registration Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 305 - Use of permanent lot care fund

§ 305. Use of permanent lot care fund.
The permanent lot care fund established by the deposits required by section 301 of this title (relating to initial deposits by newly-organized cemetery companies) through section 303 of this title (relating to periodic deposits) shall be used for the perpetual care, maintenance and preservation of the lots and grounds, and the repair and renewal of the buildings and property connected with and forming a part of the cemetery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 306 - Status and readjustment of permanent lot care fund

§ 306. Status and readjustment of permanent lot care fund.
(a) Single fund.
--The permanent lot care fund established by the deposits required by section 301 of this title (relating to initial deposits by newly-organized cemetery companies) through section 303 of this title (relating to periodic deposits) shall constitute a single fund with respect to any cemetery and nothing contained in this chapter shall be construed to mean that two separate funds must be created.
(b) Readjustment of fund.
--Whenever there shall be deposited in a permanent lot care fund pursuant to section 303 of this title (relating to periodic deposits) a sum equal to the amount of money required to be initially deposited therein pursuant to section 301 of this title (relating to initial deposits by newly-organized cemetery companies) or section 302 of this title (relating to initial deposits by existing cemetery companies) and proof of such fact is submitted to the qualified trustee, it shall be the duty of the qualified trustee thereupon to pay over to the cemetery company the amount so initially deposited by it in the permanent lot care fund free and clear of the restrictions and limitations of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 307 - Investment and operation of fund

§ 307. Investment and operation of fund.
The permanent lot care fund shall be invested by the qualified trustee in the manner authorized for fiduciaries by the Fiduciaries Investment Act of 1949, and the qualified trustee, if an institutional trustee, shall pay semiannually the net income of the fund to the cemetery company for the purposes set forth in this chapter.
References in Text.
The Fiduciaries Investment Act of 1949, referred to in this section, was repealed June 30, 1972 (P.L.508, No.164), effective July 1, 1972. The subject matter is now contained in Chapter 73 of Title 20 (Decedents, Estates and Fiduciaries).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 308 - Accounts of qualified trustee

§ 308. Accounts of qualified trustee.
(a) Institutional trustee.
--The qualified trustee, if an institutional trustee, shall file accounts in the court of common pleas of the county in which the cemetery, or any part thereof, is situate, which accounts shall be filed triennially and at such other times as the court may direct, and which accounts shall be audited, adjudicated and confirmed by the court upon such notice to the parties in interest as the court may determine.
(b) Cemetery company as trustee.
--An incorporated cemetery company acting as a qualified trustee under section 309 (relating to incorporated cemetery company as qualified trustee) shall file:
(1) Accounts in the court of common pleas of the county in which the majority of the cemetery is situate and duplicates of such accounts with the State Real Estate Commission. The accounts shall be filed on or before January 31 of each odd-numbered year and at such other times as the court may direct. The accounts shall be audited, adjudicated and confirmed by the court upon notice to the commission and such other parties in interest as the court deems appropriate.
(2) Interim reports with the State Real Estate Commission. The interim report shall be filed on or before January 31 of each even-numbered year and shall be on a form approved by the commission. The interim report shall include a list of all contributions to the permanent lot care fund, a list of all withdrawals made from the fund and the number of lots deeded during the previous calendar year. The interim reports required under this paragraph shall be in addition to, and not in lieu of, the complete biennial account required under paragraph (1). (Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
Special Provisions in Appendix.
See section 3 of Act 48 of 1982 in the appendix to this title for special provisions relating to accounts of qualified trustee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 309 - Incorporated cemetery company as qualified trustee

§ 309. Incorporated cemetery company as qualified trustee.
(a) General rule.
--Every incorporated cemetery company may act as qualified trustee of the permanent lot care fund required by this chapter and may be appointed the original trustee, or, when for any reason a vacancy may occur in a trusteeship, substituted or successor trustee, and as such may receive devises, or gifts, the principal of which is to be held, in trust, in perpetuity or for a lesser period of time, for the care, maintenance, preservation, ornamentation or benefit of its cemetery, or the cemetery lots therein, upon giving its own bond without surety. The directors of any such corporation are hereby made trustees of any such funds so deposited or received, and neither such funds nor the income derived therefrom shall be used by such trustees for any purpose other than the purpose for which they were deposited, devised, donated, or otherwise acquired. The directors of such corporation shall cause accurate accounts to be kept of such trust funds separate and apart from the other funds of the corporation. Any such corporation may combine and merge the principal of two or more such trust funds and any funds so set aside in an omnibus fund for the purposes of investment of the same.
(b) Transfers to institutional fiduciary.
--Any incorporated cemetery company may, by appropriate action of its stockholders or members and board of directors and with the approval of the court of common pleas of the county in which the cemetery, or any part thereof, is situated, transfer any of such funds to one or more institutional trustees, and with like investment restrictions, such transfer to be either revocable, or absolute and irrevocable, and upon the transfer of any such funds, the incorporated cemetery company and its directors shall be relieved of all liability for the investment and reinvestment thereof.
Cross References.
Section 309 is referred to in sections 101, 308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 310 - Penalties

§ 310. Penalties.
Any officer of any incorporated cemetery company or any member of any unincorporated cemetery company conducting or maintaining a cemetery or knowingly permitting the same to be conducted or maintained in violation of the provisions of this chapter, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 or to undergo imprisonment for not more than one year, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 311 - Effect of chapter on articles of existing incorporated cemetery companies

§ 311. Effect of chapter on articles of existing incorporated
cemetery companies.
(a) Statutory amendment.
--The articles of incorporation or charters of all existing incorporated cemetery companies shall be deemed to be amended to the extent necessary to give effect to the provisions of this chapter and to conform thereto.
(b) Deletion of unnecessary matter.
--An existing incorporated cemetery company may by proper corporate proceedings delete from its articles of incorporation all or any part of any regulatory restrictions or limitations within the scope of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 3 - Regulation of Cemetery Companies › Section 312 - Engaging in cemetery business in unauthorized manner

§ 312. Engaging in cemetery business in unauthorized manner.
The State Real Estate Commission may investigate any cemetery company engaged in a business relating to cemetery lots, plots or mausoleum spaces, openings or foundations and fine the company up to $1,000 or suspend or revoke the registration of the company in accordance with the provisions of section 604 of the act of February 19, 1980 (P.L.15, No.9), known as the "Real Estate Licensing Act," if it is determined that the cemetery company has violated any of the provisions of that act, the act of August 14, 1963 (P.L.1059, No.459), relating to future need sales for death and interment, or this chapter. If it is determined that a cemetery company is engaging in the business specified in this section without registering or while its registration is suspended, the criminal penalties provided for in section 303 of the "Real Estate Licensing Act" may be imposed. (Mar. 7, 1982, P.L.149, No.48, eff. 60 days)
1982 Amendment.
Act 48 added section 312.
References in
Text.
The short title of the act of February 19, 1980
(P.L.15, No.9), known as the Real Estate Licensing Act, referred to in this section, was amended by the act of March 7, 1982 (P.L.158, No.50). The amended short title is now the Real Estate Licensing and Registration Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 5 - Transfer of Ownership of Cemeteries › Extra - Chapter Notes

Enactment.
Chapter 5 was added December 21, 2017, P.L.1205, No.64, effective in 60 days. Section
            3 of Act 64 provided that Act 64 shall apply to cemeteries, private cemeteries and
            private family cemeteries regardless of the date of burial or acquisition of title
            to the cemetery, private cemetery or private family cemetery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 5 - Transfer of Ownership of Cemeteries › Section 501 - Responsibilities

§ 501. Responsibilities.
When there is a transfer of ownership of real property where burial plots are located, the new owner shall:
(1) Honor all purchases of burial plots on the real property made before the transfer of ownership.
(2) Allow for the interment of any individual for whom proof of purchase of a burial plot prior to the transfer of ownership can be produced, provided that:
(i) The new owner may discontinue the sale of burial plots.
(ii) Failure by the new owner to comply with the provisions of this chapter shall be a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, and the Office of Attorney General may bring an enforcement action against the new owner.
(3) Establish reasonable access procedures in accordance with Chapter 7 (relating to reasonable access to burial grounds).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 7 - Reasonable Access to Burial Grounds › Extra - Chapter Notes

Enactment.
Chapter 7 was added December 21, 2017, P.L.1205, No.64, effective in 60 days. Section
            3 of Act 64 provided that Act 64 shall apply to cemeteries, private cemeteries and
            private family cemeteries regardless of the date of burial or acquisition of title
            to the cemetery, private cemetery or private family cemetery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 7 - Reasonable Access to Burial Grounds › Section 701 - Definitions

§ 701. Definitions.
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:
"Burial plot."
The location of a deceased human being located in a grave, mausoleum, vault, columbarium or other receptacle.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 7 - Reasonable Access to Burial Grounds › Section 702 - Declaration of policy

§ 702. Declaration of policy.
The General Assembly finds and declares as follows:
(1) An individual has a right to reasonable access for visitation to a burial plot in a cemetery that is owned by a cemetery company or person other than a cemetery company or is a private cemetery or private family cemetery.
(2) The Commonwealth has a significant interest in protecting that right.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 9 - BURIAL GROUNDS › Chapter 7 - Reasonable Access to Burial Grounds › Section 703 - Reasonable access for visitation

§ 703. Reasonable access for visitation.
(a) Cemetery companies.--
A cemetery company shall grant an individual reasonable ingress and egress to a burial plot in a cemetery owned by a cemetery company for the purpose of visiting the burial plot.
(b) Cemeteries not owned by cemetery companies.--
The owner of a cemetery not owned by a cemetery company shall grant an individual reasonable ingress and egress to a burial plot in the cemetery for the purpose of visiting the burial plot.
(c) Private cemeteries and private family cemeteries.--
The owner of property where a private cemetery or private family cemetery is located shall grant an individual reasonable ingress and egress to a burial plot in the private cemetery or the private family cemetery for the purpose of visiting the burial plot.
(d) Residential buildings.--
For cemeteries, private cemeteries or private family cemeteries where a residential building is located on the real property, the owner of the real property may determine that reasonable access includes prearranged times for visitation and the methods of ingress and egress to the burial plot.
(e) Access standards.--
The cemetery company or the owner of real property where a cemetery, private cemetery, private family cemetery or burial plot is located may designate the frequency, hours and duration of visitation and the route of ingress and egress.
(f) Immunity.--
The cemetery company or the owner of real property where a cemetery, private cemetery, private family cemetery or burial plot is located shall, in the absence of gross negligence or willful misconduct, be immune from liability in a civil suit, claim or cause of action arising out of access granted under this section.
(g) Petition.--
An individual denied reasonable access under this section may petition the court of common pleas having jurisdiction where the cemetery, private cemetery, private family cemetery or burial plot is located for relief.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Extra - Title Notes

Special Provisions in Appendix.
See section 3 of Act 67 of 2015 in the appendix to this title for special provisions
            relating to continuation of prior law.
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.
11c11018.12s
Special Provisions in Appendix.
See section 3(3)(ii) of Act 67 of 2015 in the appendix to this title for special provisions
            relating to continuation of prior law.
Cross References. Section 11401 is referred to in section 10701 of this title.
11c11402s
Special Provisions in Appendix.
See section 3(3)(iii) of Act 67 of 2015 in the appendix to this title for special
            provisions relating to continuation of prior law.
Cross References. Section 11402 is referred to in section 10907 of this title.
11c11402.1s
Special Provisions in Appendix.
See section 3(3)(iv) of Act 67 of 2015 in the appendix to this title for special provisions
            relating to continuation of prior law.
Cross References. Section 11813 is referred to in section 11812 of this title.
11c11814s
Special Provisions in Appendix.
See section 3(3)(v) of Act 67 of 2015 in the appendix to this title for special provisions
            relating to continuation of prior law.
11c12522h
Special Provisions in Appendix.
See section 3(3)(vi) of Act 67 of 2015 in the appendix to this title for special provisions
            relating to continuation of prior law.
Cross References. Section 14406 is referred to in section 14404.1 of this title.
11c14406.1s
Special Provisions in Appendix.
See section 3(3)(vii) of Act 67 of 2015 in the appendix to this title for special
            provisions relating to continuation of prior law.
11c144A12s
Enactment.
Unless otherwise noted, the provisions of Title 11 were added November 24, 2015, P.L.242,
            No.67, effective in 60 days.
Enactment.
Part I (Reserved) was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Part II (Reserved) was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Part III (Reserved) was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Part IV (Reserved) was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Part V was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Part VI (Reserved) was added November 24, 2015, P.L.242, No.67, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Extra - Appendix To Title

APPENDIX TO TITLE 11
CITIES
Supplementary Provisions of Amendatory Statutes
2015, NOVEMBER 24, P.L.242, NO.67
§ 3. Continuation of prior law.
The addition of 11 Pa.C.S. Pt. V is a continuation of the act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code. The following apply:
(1) Except as otherwise provided in 11 Pa.C.S. Pt. V, all activities initiated under The Third Class City Code shall continue and remain in full force and effect and may be completed under 11 Pa.C.S. Pt. V. Orders, regulations, rules and decisions which were made under The Third Class City Code and which are in effect on the effective date of section 2(2) of this act shall remain in full force and effect until revoked, vacated or modified under 11 Pa.C.S. Pt. V. Contracts, obligations and collective bargaining agreements entered into under The Third Class City Code are not affected nor impaired by the repeal of The Third Class City Code.
(2) Except as set forth in paragraph (3), any difference in language between 11 Pa.C.S. Pt. V and The Third Class City Code is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of The Third Class City Code.
(3) Paragraph (2) does not apply to the addition of the following provisions:
(i) 11 Pa.C.S. § 11018.11(e).
(ii) 11 Pa.C.S. § 11401(6).
(iii) 11 Pa.C.S. § 11402(b)(2).
(iv) 11 Pa.C.S. § 11813(b).
(v) 11 Pa.C.S. § 12448.
(vi) 11 Pa.C.S. § 14406(11)(ii).
(vii) 11 Pa.C.S. § 144A11(d).
Explanatory Note.
Act 67 added Parts I (Reserved), II (Reserved), III (Reserved), IV (Reserved), V and VI (Reserved) of Title 11.