§ 2962. Limitation on municipal powers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 Pa.C.S.A. Municipalities GenerallyEffective: March 23, 2021
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 Pa.C.S.A. Municipalities Generally (Refs & Annos)
Part III. Government and Administration
Subpart E. Home Rule and Optional Plan Government (Refs & Annos)
Chapter 29. General Provisions
Subchapter E. General Powers and Limitations of Home Rule Charter Municipalities
Effective: March 23, 2021
53 Pa.C.S.A. § 2962
§ 2962. Limitation on municipal powers
<For legislative intent of the addition of subsec. (a)(11) to this section by Act 2021, March 23, P.L. 35, No. 9, see § 2 of that Act.>
(10) Municipal planning under the act of July 31, 1968 (P.L. 805, No. 247),1 known as the Pennsylvania Municipalities Planning Code.
(b) Taxing power.--Unless prohibited by the Constitution of Pennsylvania, the provisions of this subpart or any other statute or its home rule charter, a municipality which has adopted a home rule charter shall have the power and authority to enact and enforce local tax ordinances upon any subject of taxation granted by statute to the class of municipality of which it would be a member but for the adoption of a home rule charter at any rate of taxation determined by the governing body. No home rule municipality shall establish or levy a rate of taxation upon nonresidents which is greater than the rate which a municipality would have been authorized to levy on nonresidents but for the adoption of a home rule charter. The governing body shall not be subject to any limitation on the rates of taxation imposed upon residents.
(4) Enact or promulgate any ordinance or regulation with respect to definitions, sanitation, safety, health, standards of identity or labeling pertaining to the manufacture, processing, storage, distribution and sale of any foods, goods or services subject to any Commonwealth statutes and regulations unless the municipal ordinance or regulation is uniform in all respects with the Commonwealth statutes and regulations thereunder. This paragraph does not affect the power of any municipality to enact and enforce ordinances relating to building codes or any other safety, sanitation or health regulation pertaining thereto.
(f) Regulation of business and employment.--A municipality which adopts a home rule charter shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers, including the duty to withhold, remit or report taxes or penalties levied or imposed upon them or upon persons in their employment, except as expressly provided by statutes which are applicable in every part of this Commonwealth or which are applicable to all municipalities or to a class or classes of municipalities. This subsection shall not be construed as a limitation in fixing rates of taxation on permissible subjects of taxation.
Credits
1996, Dec. 19, P.L. 1158, No. 177, § 1, effective in 60 days. Amended 2021, March 23, P.L. 35, No. 9, § 1, imd. effective.
Footnotes
53 P.S. § 10101 et seq.
53 Pa.C.S.A. § 2962, PA ST 53 Pa.C.S.A. § 2962
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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