2010 Pennsylvania Code
Title 53 - MUNICIPALITIES GENERALLY
Chapter 29 - General Provisions
2962 - Limitation on municipal powers.

     § 2962.  Limitation on municipal powers.
        (a)  Powers granted by statute.--With respect to the
     following subjects, the home rule charter shall not give any
     power or authority to the municipality contrary to or in
     limitation or enlargement of powers granted by statutes which
     are applicable to a class or classes of municipalities:
            (1)  The filing and collection of municipal tax claims or
        liens and the sale of real or personal property in
        satisfaction of them.
            (2)  The procedures in the exercise of the powers of
        eminent domain and the assessment of damages and benefits for
        property taken, injured or destroyed.
            (3)  Boundary changes.
            (4)  Regulation of public schools.
            (5)  The registration of electors and the conduct of
        elections.
            (6)  The fixing of subjects of taxation.
            (7)  The fixing of the rates of nonproperty or personal
        taxes levied upon nonresidents.
            (8)  The assessment of real or personal property and
        persons for taxation purposes.
            (9)  Defining or providing for the punishment of any
        felony or misdemeanor.
            (10)  Municipal planning under the act of July 31, 1968
        (P.L.805, No.247), 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.
        (c)  Prohibited powers.--A municipality shall not:
            (1)  Engage in any proprietary or private business except
        as authorized by statute.
            (2)  Exercise powers contrary to or in limitation or
        enlargement of powers granted by statutes which are
        applicable in every part of this Commonwealth.
            (3)  Be authorized to diminish the rights or privileges
        of any former municipal employee entitled to benefits or any
        present municipal employee in his pension or retirement
        system.
            (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.
            (5)  Enact any provision inconsistent with any statute
        heretofore enacted prior to April 13, 1972, affecting the
        rights, benefits or working conditions of any employee of a
        political subdivision of this Commonwealth.
        (d)  Reduction of police force.--Notwithstanding any
     provision of this subpart or any other statute to the contrary,
     any municipality that is or was a city of the second class A may
     reduce its police force or its firefighting force for economic
     reasons, as determined by ordinance.
        (e)  Statutes of general application.--Statutes that are
     uniform and applicable in every part of this Commonwealth shall
     remain in effect and shall not be changed or modified by this
     subpart. Statutes shall supersede any municipal ordinance or
     resolution on the same subject.
        (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.
        (g)  Regulation of firearms.--A municipality shall not enact
     any ordinance or take any other action dealing with the
     regulation of the transfer, ownership, transportation or
     possession of firearms.
        (h)  Levying taxes.--This section does not limit or take away
     any right of a municipality which adopts a home rule charter
     from levying any tax which it had the power to levy had it not
     adopted a home rule charter.
        (i)  Establishment of rates of taxation.--No provision of
     this subpart or any other statute shall limit a municipality
     which adopts a home rule charter from establishing its own rates
     of taxation upon all authorized subjects of taxation except
     those specified in subsection (a)(7).
        (j)  Retroactive fee increase prohibited.--A municipality
     which adopts a home rule charter may not retroactively increase
     any fee or charge for any municipal service which has been
     provided.