Document Citation: 53 P.S. § 46202

Header:

PENNSYLVANIA STATUTES
TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
PART VI. BOROUGHS
CHAPTER 91. THE BOROUGH CODE
ARTICLE XII. CORPORATE POWERS


Date:
08/31/2009

Document:

NOTICE: As to repeal of this section where inconsistent with Act 1990, Dec. 19, P.L. 1343, No. 209, see § 2 of said act.

This section is repealed in part pursuant to Act 1988, Dec. 21, P.L. 1444, No. 177, Section 302(d).

This section is repealed in part pursuant to Act 1968, July 20, P.L. 459, No. 216, § 59(d)(6), insofar as it is inconsistent with 15 P.S. § 1322.

§ 46202. Specific powers


The powers of the borough shall be vested in the corporate authorities. Among the specific powers of the borough shall be the following, and in the exercise of any of such powers involving the enactment of any ordinance or the making of any regulation, restriction or prohibition, the borough may provide for the enforcement thereof and may prescribe penalties for the violation thereof or for the failure to conform thereto:

(1) FEES FOR SERVICE OF OFFICERS. To prescribe reasonable fees for the services of their officers and to enforce the payment of the same.

(2) REGULATION OF CHARGES IN THE OPERATION OF ITS UTILITIES, PARKING METERS, PARKING LOTS, RECREATIONAL FACILITIES OR ITS OTHER FACILITIES AND SERVICES TO THE PUBLIC. In the operation of its utilities, parking meters, parking lots, recreational facilities, and other facilities and services, to make and regulate charges therefor for general borough purposes.

(3) FINES AND FORFEITURES. To impose fines and penalties, incurring partial or total forfeiture, or to remit the same.

(4) NUISANCES. To prohibit and remove any obstruction or nuisance in the streets of the borough.

(5) NUISANCES AND DANGEROUS STRUCTURES. To prohibit and remove any nuisance, including but not limited to accumulations of garbage and rubbish and the storage of abandoned or junked automobiles and to prohibit and remove any dangerous structure on public or private grounds, or to require the removal of any such nuisance or dangerous structure by the owner or occupier of such grounds, in default of which the borough may cause the same to be done, and collect the cost thereof, together with a penalty of ten per cent of such cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or may seek relief by bill in equity.

(6) HEALTH AND CLEANLINESS REGULATIONS. To make such regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and the beauty, convenience, comfort and safety of the borough.

(7) BURIAL OF DECEASED PERSONS. To prohibit, within the borough limits, or within any described territory within such limits, the burial or interment of deceased persons.

(8) REGULATION OF VAULTS, CESSPOOLS AND DRAINS. To make regulations respecting vaults, cesspools and drains.

(9) MANURE AND COMPOST REGULATIONS. To make regulations relative to the accumulation of manure, compost and the like.

(10) ACCUMULATIONS OF GARBAGE AND OTHER REFUSE MATERIAL. To prohibit accumulations of garbage or other refuse material upon private property and to provide for the removal of prohibited accumulations of garbage or other refuse material.

(11) REMOVAL OF GARBAGE AND OTHER REFUSE MATERIAL. To make regulations for the care and removal of garbage and other refuse material, including the imposition and collection of reasonable fees and charges therefor.

(12) HOGS. To prohibit the keeping of hogs within the borough, or within any part of the borough.

(13) DOGS, CATS AND OTHER PETS. To destroy dogs found at large contrary to laws of the Commonwealth; to prohibit or regulate, by ordinance, the running at large of dogs, cats and/or other pets, and, in the enforcement of such regulations, to direct the killing of dogs, cats and/or other pets, or their seizure and detention, prescribing reasonable charges for their seizure and detention, and to provide for their sale for the benefit of the borough, in default of the redemption thereof by their owners.

(14) LIVESTOCK, FOWLS AND CERTAIN OTHER ANIMALS. To prohibit and regulate, by ordinance, the running at large of livestock and fowls and any other animals not covered in clause (13) hereof, and to authorize their seizure and detention, prescribing reasonable charges therefor, and to provide for their sale for the benefit of the borough, in default of the redemption thereof by their owners.

(15) PIGEONS. To authorize or provide for the destruction or killing of unowned pigeons within the geographical limits of the borough by any humane means.

(16) SMOKE REGULATIONS. To regulate the emission of smoke from chimneys, smoke-stacks and other sources. This clause shall not apply to locomotive smoke-stacks.

(17) STREET AND SEWER REGULATIONS; OBSTRUCTIONS. To regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and construction thereof; and to prohibit the erection or construction of any building or other obstruction to the convenient use of the same.

(18) RIDING OR DRIVING ON SIDEWALKS. To prohibit or regulate the riding or driving of animals, or the passage of any vehicle, over, along and across sidewalks.

(19) STANDS FOR CABS AND OTHER VEHICLES FOR HIRE. To establish stands for cabs and other vehicles for hire, to establish charges therefor, and to enforce the observance and use thereof.

(20) DISORDERLY CONDUCT; DISTURBANCE OF THE PEACE; ORDINANCES. To adopt ordinances defining disorderly conduct and/or disturbing the peace within the limits of the borough, and to provide for the imposition of penalties for such conduct in such amounts, without limitation except as in this act provided, as council shall establish, and notwithstanding any statutes of the Commonwealth upon disorderly conduct and/or disturbing the peace and the penalties therefor.

(21) FIRE REGULATIONS; FIRE PREVENTION CODES BY REFERENCE. To make regulations, within the borough, or within such limits thereof as may be deemed proper, relative to the cause and management of fires and the prevention thereof. To enact and enforce suitable fire prevention codes, and to provide for the enforcement thereof by a suitable fine, and by instituting appropriate actions or proceedings, at law or in equity, to effect the purposes of this provision and ordinances thereunder. Such fire prevention code shall not be advertised by publication of the full text thereof, and, in place of such complete advertisement, an informative notice of intention to consider such proposed fire prevention code, and a brief summary, setting forth the principal provisions of such proposed fire prevention code in such reasonable detail as will give adequate notice of its contents and a reference to the place or places within the borough where copies of such proposed fire prevention code may be examined or obtained shall be published once in one newspaper of general circulation in the borough at least one week and not more than three weeks prior to the presentation of the proposed fire prevention code to council. No further advertisement or notice need be published following enactment of the fire prevention code.

The fire prevention code may be adopted by reference to a standard fire prevention code, or to parts thereof, determined by council, or the provisions of the code may be supplied by reference to a typed or printed fire prevention code, prepared under the direction of or accepted by the council, or the provisions may consist of a standard code, or parts thereof, and also further provisions typed or printed as aforesaid. Copies of the fire prevention code thus adopted by reference shall be made available to any interested party at the cost thereof, or may be furnished or loaned without charge. Such fire prevention code need not be recorded in or attached to the ordinance book, but it shall be deemed to have been legally recorded if the ordinance by which such fire prevention code was adopted by reference shall have been recorded, with an accompanying notation stating where the full text of the fire prevention code shall have been filed.

(22) PROHIBITION OF FIRE PRODUCING DEVICES IN CERTAIN RETAIL STORES. To prohibit the smoking or carrying of lighted cigarettes, cigars, pipes or matches, and the use of matches or fire-producing devices, in retail stores arranged to accommodate one hundred persons or more or which employ ten or more persons. Any ordinance enacted under this clause shall not prohibit smoking in any restaurant, rest room, beauty parlor, executive office or any room designated for smoking in such store.

(23) DANGEROUS AND INFLAMMABLE ARTICLES, SUBSTANCES AND MATERIALS. To prohibit the manufacture, sale or storage of inflammable or otherwise dangerous articles, substances or materials; to prescribe the quantities of any such articles, substances or materials that may be kept in any location and/or building; and to prescribe such other safeguards as may be necessary.

(24) BUILDING, HOUSING, PROPERTY MAINTENANCE, PLUMBING AND OTHER REGULATIONS. To enact and enforce ordinances relating to buildings and housing, their construction, alteration, extension, repair and maintenance and all facilities and services in or about such buildings or housing, to require that, before any work of construction, alteration, extension, or repair of any building is begun, approval of the plans and specifications therefor be secured; to provide for the inspection of such work of construction, alteration, extension and repair, including the appointment of one or more building inspectors and/or housing inspectors; to prescribe limits wherein none but buildings of noncombustible material and fireproof roofs shall be erected, or substantially reconstructed, or moved thereinto; to provide for enforcement of such regulations by a reasonable fine, and by instituting appropriate actions or proceedings at law, or in equity, to effect the purposes of this provision and ordinances enacted thereunder. Any building, housing or property, or part thereof erected, altered, extended, reconstructed, removed or maintained, contrary to any of the provisions of any ordinance passed for any of the purposes specified in this clause is declared to be a public nuisance and abatable as such.

Any such ordinance may be adopted by reference to a standard building code, housing code or other standard codes, or to parts thereof, determined by council, or the provisions of the ordinance may be supplied by reference to a typed or printed building code, housing code or other standard codes, prepared under the direction of or accepted by council, or the provisions may consist of a standard building code, housing code or other standard codes, or parts thereof, and also further provisions typed or printed as aforesaid. Such building code, housing code or other standard codes shall not be advertised either in advance of or following enactment, by publication of the full text thereof, and, in place of such complete advertisement, an informative notice of intention to consider such proposed building code, housing code or other standard codes, and a brief summary, setting forth the principal provisions of such proposed building code, housing code or other standard codes in such reasonable detail as will give adequate notice of its contents and a reference to the place or places within the borough where copies of such proposed building code, housing code or other standard codes may be examined or obtained shall be published once in one newspaper of general circulation in the borough at least one week and not more than three weeks prior to the presentation of the proposed building code, housing code or other standard codes to council. No further advertisement or notice need be published following enactment of the building code, housing code or other standard codes. Copies of the building code, housing code or other standard codes thus adopted by reference shall be made available to any interested party at the cost thereof, or may be furnished or loaned without charge. Such building code, housing code or other standard codes need not be recorded in or attached to the ordinance book, but it shall be deemed to have been legally recorded if the ordinance by which such building code, housing code or other standard codes were adopted by reference shall have been recorded, with an accompanying notation stating where the full text of such building code, housing code or other standard codes shall have been filed. The procedure set forth relating to the adoption of the building code, housing code or other standard codes, by reference, may likewise be adopted in amending, supplementing or repealing any of the provisions of the building code, housing code or other standard codes.

To enact suitable ordinances relating to property maintenance and plumbing, in the same manner and to the same effect as herein provided for building codes, housing codes or other standard codes. The building code, the property maintenance code, the housing code and the plumbing code may be combined or separately enacted or combined with other standard codes.

Any ordinance previously enacted by a borough which provides for the purposes authorized by this clause is hereby validated.

(25) NUMBERING BUILDINGS. To require and regulate the numbering of buildings.

(26) BUILDING LINES. To establish and maintain uniform building lines upon any or all streets of the borough.

(27) PARTY WALL AND FENCE REGULATIONS. To make regulations respecting partition fences and the foundations and party walls of buildings.

(28) NOXIOUS AND OFFENSIVE BUSINESSES. To prohibit, within the borough, the carrying on of any manufacture, art, trade, or business which may be noxious or offensive to the inhabitants.

(29) JUNK YARDS. To prohibit, regulate and license the establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials.

(30) REGULATING AND PROHIBITING AMUSEMENTS. To regulate, license, fix the time of opening and closing, or prohibit theatrical exhibitions, amusements and dances, at which an admission or other fee is charged, and other exhibitions; to regulate, license and fix the time of opening and closing of pool-rooms, billiard-rooms, shooting galleries, skating rinks and bowling alleys.

(31) MARKETS, MARKET HOUSES AND PEDDLING. To regulate markets and peddling, whether for individual use or for resale; and to purchase and own ground for and to erect, establish and maintain market houses and market places, for which latter purposes, parts of any streets or sidewalks may be temporarily used; to contract with any person or persons, or association of persons, companies, or corporations, for the erection, maintenance and regulation of market houses and market places, on such terms and conditions, and in such manner, as the council may prescribe; to provide and enforce suitable regulations respecting said market houses and market places and to provide for the payment of the cost or expense thereof, either in whole or in part, out of the funds of the borough; and to levy and collect a suitable license fee from every person who may be authorized by council to occupy any portion of said market houses or market places, or any portion of the streets or sidewalks for temporary market purposes.

(32) CREATION OF SPECIAL FUNDS; INVESTMENTS. To set aside in a separate fund any moneys received out of or from the sale, lease, or other disposition of any borough property or received from any source other than taxation, unless such money was received or acquired for a particular purpose. Such fund shall be controlled, invested and administered, and the income arising therefrom expended, in such manner as may be determined by action of the council pursuant to the ordinance creating the fund. Such ordinance may provide that only the income from such fund may be used or expended, and that neither principal, nor any part thereof, may be used or expended unless upon authorization of a majority vote of the qualified electors of the borough. All ordinances heretofore enacted and ordained by any borough, creating and establishing such a separate fund as is authorized by this clause, shall be deemed and taken as valid and effectual for all purposes: Provided, That all other requirements of law concerning the enactment of the same have been complied with.

(33) CREATION OF CAPITAL RESERVE FUND FOR ANTICIPATED CAPITAL EXPENDITURES. To create and maintain a separate capital reserve fund for anticipated legal capital expenditures. The money in the fund shall be used, from time to time, for the construction, purchase or replacement of or addition to municipal buildings, equipment, machinery, motor vehicles or other capital assets of the borough and for no other purpose.

Council may appropriate moneys from the general borough funds to be paid into the capital reserve fund or place in the fund any moneys received from the sale, lease or other disposition of any borough property or from any other source, unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered and the moneys expended for any of the purposes for which the fund is created in such manner as may be determined by council. The money in the fund, when invested, shall be invested in securities designated by law as legal investments for sinking funds of municipalities.

This clause shall not be construed to limit the powers of the borough to the use of moneys in the capital reserve fund in making lawful capital expenditures.

(34) JOINT MUNICIPAL AGREEMENTS. To enter into agreements with other political subdivisions, in accordance with existing laws, in making joint purchases of materials, supplies or equipment and in performing governmental powers, duties and functions and in carrying into effect provisions of law relating to said subjects which are common to such political subdivisions.

(35) JOINT CONTRACTS FOR POLICE AND FIRE PROTECTION. To enter into contracts with the proper authorities of near or adjacent cities, boroughs, or townships, either for mutual aid or assistance in police and fire protection, or for the furnishing to, or receiving from, such cities, boroughs, or townships, aid and assistance in police and fire protection, and to make appropriations therefor: Provided, That in connection with such contracts, it shall not be necessary to advertise for bids or receive bonds as required for other contracts under existing law. When any such contract has been entered into the police, firemen or fire police of the employing city, borough or township shall have all the powers and authority conferred by law on city, borough or township police, firemen, or fire police in the territory of the city, borough or township which has contracted to secure such service.

(36) INSURANCE ON PROPERTY. To make contracts of insurance, with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in the Commonwealth of Pennsylvania, on any building or property owned by the borough.

(37) OTHER INSURANCE. To appropriate such amount as may be necessary to secure insurance or compensation for volunteer firemen of companies duly recognized by the borough, by motion or resolution, killed or injured while going to, returning from, or attending fires, or while performing their duties as special fire police. To make contracts of insurance with any insurance company, association or exchange, authorized to transact business in the Commonwealth, insuring borough employes, or mayor and council, or any class, or classes thereof, or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service and/or accident insurance, and to contract with any such company, granting annuities or pensions, for the pensioning of borough employes, or any class, or classes thereof, and to agree to pay part or all of the premiums or charges for carrying such contracts, and to appropriate moneys from the borough treasury for such purposes. To make contracts with any insurance company, association or exchange, authorized to transact business in this Commonwealth, insuring any public liability of the borough, and to appropriate moneys from the borough treasury for such purpose.

(37.1) Repealed. 1978, Nov. 26, P.L. 1399, No. 330, § 802, effective in 60 days.

(38) CONTRACT WITH RAILWAYS. To enter into contract with any person or company, operating a street passenger railway, surface, elevated, or underground, or furnishing motor transportation, or leasing and operating the franchise and property of such person or company, within the limits of the borough, regulating the franchises, powers, duties and liabilities of such persons or companies, and the respective rights of the contracting parties. Such contracts may, inter alia, provide for payments by the persons or companies to the borough, in lieu of the performance of certain duties, or the payment of license fees or charges imposed in favor of such borough, or by the charters of any such companies, or by any general law, or ordinances; for the appointment by the borough of a certain number of persons to act as director of any such company, in conjunction with the directors elected by the stockholders of such company; and may further provide for the ultimate acquisition by the borough, upon terms mutually satisfactory, of the leaseholds, property and franchises of the contracting persons or companies.

Subject to the approval of the Public Utility Commission, and in order to secure the removal of any street railway tracks, or to prevent the laying of any tracks authorized to be laid, or to change the route of any street railway on any street to enter into a contract with a street railway or motor power company, owning, leasing, or operating such tracks, for a period not to exceed fifty years, for such considerations and upon such conditions as may be agreed upon.

Such contract may include a covenant providing that, during the continuance thereof, municipal consent shall not be granted to any other company to use, for street railway or passenger transportation purposes, any streets covered by such contract. Such covenant may be enforced by bill in equity against the borough. The contract may also provide for the laying or relaying of tracks, upon such terms and upon such conditions as may be agreed upon.

(39) WATER SUPPLY. To provide a supply of water and to make regulations for the protection of the pipes, reservoirs and other constructions or apparatus; to prevent the waste of water so supplied, and to regulate the drilling of wells within the borough.

(40) COMMUNITY BUILDINGS. To purchase and own ground for, and to erect, establish, or purchase a building, to be used for community purposes, and to maintain the same; to provide for the payment of the cost thereof, and the expense of such maintenance either in whole or in part out of the funds of the borough.

(41) LOCKUP. To provide a lockup for the temporary detention of persons.

(42) FLAGS. To display the flag of the United States of America, of the Commonwealth of Pennsylvania, the official POW/MIA flag or the flag of any county, city, borough or other municipality in the State, on the public buildings or grounds and in public places of the borough.

(43) COMFORT STATIONS. To use land owned by the borough and to acquire or lease land or land and buildings within the borough limits, for the purposes of construction or of providing comfort and waiting stations and drinking fountains and to maintain such public facilities; to contribute to the maintenance of any such public facilities which may be located in or upon property not owned or leased by the borough. The damages accruing to abutting properties, by reason of any such improvements constructed or provided by the borough, shall be ascertained and collected in the manner provided in the laws governing eminent domain.

(44) WATERING TROUGHS. To erect and maintain watering troughs.

(45) GARBAGE AND REFUSE DISPOSAL FACILITIES. To erect, operate and maintain garbage plants, either within or without the limits of the borough, or to provide other means for the collection, destruction, or removal of garbage and other refuse material, and to provide for the payment of the cost or expense thereof, either in whole or in part, out of the funds of the borough.

(46) PARKING LOTS. To acquire by lease, purchase or eminent domain any land which the corporate authorities may deem necessary or desirable for the purpose of establishing and maintaining parking lots, and to regulate the use thereof, and to regulate parking and provide parking accommodations so as to promote the convenience and protection of the public and to establish or designate, at the discretion of the corporate authorities, areas exclusively reserved for parking by handicapped individuals and to post signs regulating such areas. The right to regulate the use of the lots shall include the right to impose fines and fees for violation of any law or ordinance regulating parking.

(47) INCLINED PLANES. To acquire by purchase, lease, or otherwise, any existing inclined plane passenger and vehicular traffic transportation facilities, and to maintain and operate the same in the transportation of passengers and vehicles for hire, and for the accommodation of the public, and in like manner to acquire or to establish bus feeder lines, and to maintain and operate the same in connection with such inclined plane passenger and vehicular traffic transportation facilities.

(48) HISTORICAL PROPERTY. To acquire by purchase, or by gift, and to repair, supervise, operate and maintain ancient landmarks, and other property of historical or antiquarian interest and to make appropriations to nonprofit associations or corporations organized for the purpose of acquiring and maintaining historical properties. Such appropriations shall only be used by the association or corporation for the acquisition, restoration and maintenance of the historical properties.

(49) PROVISIONS AGAINST HAZARDS OF WAR. To build or establish bomb shelters or assist in so doing to provide against all hazards of war and their consequences; and for all such purposes, to have the power of eminent domain, to cooperate with any other unit and agency of government, Federal, State or local, in every lawful way, for purposes of defense against the hazards of war.

(50) STREET LIGHTING. To provide street lights and to make regulations for the protection thereof; and, upon the petition of a majority of abutting property owners of the section affected, to provide for the ornamental illumination of any section of the borough and to collect the cost of the installation of such illumination from the owners of property fronting the streets upon which the same is installed by the foot-front rule.

(51) TOWING EQUIPMENT. To purchase vehicles and other equipment necessary for the towing of motor vehicles, tractors, and other vehicles from roads, streets, and public property of the borough and to impose fees therefor whenever such towing equipment is used for the lawful removal of motor vehicles and other vehicles from highways, roads, streets, and public property of the borough and/or to authorize or contract with one or more commercial towers as the official towers for the borough for the lawful removal of motor vehicles, tractors and other vehicles from highways, roads, streets and public property of the borough and to impose fees in the same manner as hereby authorized when the towing is performed with borough vehicles and equipment. This clause shall apply only when the borough is requesting a vehicle to be towed. In all other cases, the owner or operator of a vehicle shall be permitted to select and pay for the tower.

(52) FIRE, RESCUE AND LIFE SAVING APPARATUS AND HOUSES. To purchase, or contribute to the purchase of fire engines and fire apparatus, boats, rescue and life saving equipment and supplies for the use of the borough, and to appropriate money to fire companies, rescue units and for the construction, repair and maintenance of fire company and rescue units houses, including the acquisition of land for such purposes and, as set forth in this clause, for fire training schools and centers.

The council may annually appropriate funds to fire companies located within the borough for the training of its personnel, and to lawfully organized or incorporated county or regional firemen's associations or an entity created pursuant to the act of July 12, 1972 (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation Law, to establish, equip, maintain and operate fire training schools or centers for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of fire departments and volunteer fire companies in any city, borough or town within this Commonwealth.

(53) EMINENT DOMAIN FOR NATIONAL GUARD PURPOSES. To take, by right of eminent domain, for the purpose of appropriating to themselves for the use of the National Guard of Pennsylvania, such public lands, easements, and public property, as may be in their possession or control and used or held by them for any other purpose. Such right, however, shall not be exercised as to any street or wharf.

(54) LANDS FOR ARMORY PURPOSES. To acquire, by purchase or by gift or by the right of eminent domain any land for the use of the National Guard of Pennsylvania; to convey such lands so acquired to the Commonwealth of Pennsylvania in order to assist the Armory Board in the erection of armories. The power conferred by this clause shall not be exercised to take any church property, graveyard, cemetery, or any dwelling-house or the curtilage of the same in the actual occupancy of the owner.

(55) APPROPRIATION OF MONEY, ET CETERA, TO ASSIST IN ERECTION OF ARMORIES. To appropriate money or convey land, either independently or in conjunction with any county, city, town, borough, or other municipal division of the Commonwealth of Pennsylvania for the purpose of assisting the Armory Board of the Commonwealth in the erection of armories for the use of the national guard; and to furnish water, sewer service, light, or fuel, free of cost, to the Commonwealth for use in any armory of the national guard; and to do all things necessary to accomplish the purpose of this clause.

(56) SUPPORT OF NATIONAL GUARD UNITS. To appropriate annually a sum not exceeding seven hundred and fifty dollars ($ 750) for the support and maintenance, discipline and training of any dismounted company or similar unit of the national guard, and a sum not to exceed fifteen hundred dollars ($ 1500) for the support and maintenance of any mounted or motorized troop or similar unit of the national guard. Where such units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization. Any moneys so appropriated shall be paid by warrant drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the borough, by the Adjutant General of the State, that the said company or companies have satisfactorily passed the annual inspection provided by law. The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training of the said company, battalion, regiment, or similar organization; and the commanding officer shall account, by proper vouchers to the said borough each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for.

The accounts of such expenditures shall be subject to the inspection of the Department of Military Affairs, and shall be audited by the Auditor General in the manner provided by law for the audit of accounts of State moneys.

(57) APPROPRIATIONS TO ORGANIZATIONS OF VETERANS AND AMERICAN GOLD STAR MOTHERS. To appropriate annually a sum not exceeding five hundred dollars ($ 500) to be divided in such amounts as council deems proper to organizations composed of veterans of any war in which the United States was engaged or the American Gold Star Mothers' Organization, to aid in defraying the expenses of Memorial Day, Veterans' Day or any similar day hereafter provided for by State or Federal law. Such payments shall be made to defray actual expenses only. Before any payment is made the organization receiving the same shall submit verified accounts of its expenditures.

(58) PAYMENT OF RENT FOR VETERANS' ORGANIZATIONS. By a two-thirds vote of the council, to appropriate annually a sum not exceeding five hundred dollars ($ 500) to be divided in such amounts as council deems proper to incorporated organizations of American veterans of any war in which the United States was engaged, to be used in the payment of the rent of any building or room or rooms in which such camps or post have their regular meetings.

(59) ROOMS FOR VETERANS' AND CHILDREN OF VETERANS' ORGANIZATIONS. Upon application therefor, to furnish to each organization composed of American veterans of any war in which the United States was engaged and children of such veterans, a room or rooms in any public building of such borough, sufficient for the meeting of each of such organizations at least once each month; and in the case of municipally owned utilities, to furnish service without charge to such rooms, and also to buildings occupied by organizations of veterans of any war in which the United States was engaged.

(60) CARE AND ERECTION OF MEMORIALS. To take charge of, care for, maintain and keep in good order and repair, at the expense of the borough, any soldiers monument, gun, or carriage, or similar memorial situated in the borough, and not in the charge or care of any person, body, or organization, and not put up or placed by the Government of the United States, the Commonwealth of Pennsylvania, or the commissioners of the county, or by the direction or authority of any other State of the Union, and to receive from any person or organization any moneys or funds which can be used for the maintenance of such memorials, and to expend the same; and to erect or contribute to the erection of, memorials in honor of those who served in any war in which the United States was engaged and thereafter to properly and adequately maintain the same.

(61) APPROPRIATIONS FOR BURIAL GROUND MAINTENANCE. To appropriate annually, out of the general funds of the borough, a sum not exceeding three thousand dollars ($ 3000) for the care, upkeep, maintenance and beautifying of cemeteries, burial grounds and private roads therein or leading thereto, lying wholly or partly within the boundary limits of such borough, or in the territory immediately adjacent to the borough.

(62) MUNICIPAL MUSIC. To appropriate money for the expense of municipal music.

(63) PURCHASE AND PLANTING OF TREES. To accept, purchase and plant, or contribute to the purchasing and planting of shade trees along the streets and sidewalks of the borough.

(64) HOSPITAL APPROPRIATIONS. To appropriate moneys for the support of any incorporated hospital which is engaged in charitable work and extends treatment and medical attention to residents of such borough, but no such appropriation shall exceed in any year the cost of free service extended to residents of the borough which is in excess of any amount paid by the Commonwealth towards such free service.

(64.1) BUILDING HOSPITALS. To appropriate not exceeding one dollar ($ 1) per borough resident per year moneys toward the maintenance and/or support of any medical center or hospital building and further appropriate from such funds toward the purchase and/or erection of medical or hospital facilities. Where the total cost of such purchase or erection exceeds one hundred thousand dollars ($ 100,000), it will necessitate approval by the appropriate health planning agency. The number of residents shall be determined from the latest decennial Federal census.

(65) COMMUNITY NURSE SERVICES. To appropriate money annually for the expense of community nurse services to any nonprofit associations or corporations which provide community nursing services for the control of communicable disease, the immunization of children, the operation of child health centers (Well-Baby Clinics), instructive visits to parents of new babies, beginning in the prenatal period, and family health guidance, including nutrition, detection and correction of defects all of which relate to the responsibilities of local boards of health.

(66) COMMUNITY AMBULANCE SERVICE. To appropriate money annually towards ambulance service and to enter into contracts relating thereto. All appropriations of money heretofore made and contracts heretofore entered into by any borough for ambulance service are hereby validated and confirmed.

(67) APPROPRIATION FOR CIVIC PURPOSES. To appropriate, in any year out of the general funds of the borough for the observance of holidays or centennials or other anniversaries or for borough celebrations or other civic projects or programs.

(68) APPROPRIATIONS FOR HANDLING, STORAGE AND DISTRIBUTION OF SURPLUS FOODS. To appropriate from borough funds moneys for the handling, storage and distribution of surplus foods obtained through either a local, State or Federal agency. All appropriations of moneys heretofore made by any borough for the handling, storage and distribution of surplus foods obtained through either a local, State or Federal agency are hereby validated.

(69) APPROPRIATIONS FOR INDUSTRIAL PROMOTIONS. To make appropriations to an industrial development agency.

(70) APPROPRIATIONS TO TOURIST PROMOTION AGENCIES. To appropriate annually, such amount of money but not in excess of ten cents (10 ) for each resident of the borough, as determined by the latest official census, which may be deemed necessary, to any "tourist promotion agency," as defined in the act of April 28, 1961 (P.L. 111), known as the "Tourist Promotion Law," to assist such agencies in carrying out tourist promotional activities.

(71) APPROPRIATING MONEY TO ASSIST POLITICAL SUBDIVISIONS AND MUNICIPALITY AUTHORITIES FOR AIRPORTS. To appropriate moneys to assist any city, borough, town, township or other political subdivision or municipality airport authority to acquire, establish, operate and maintain any and all air navigation facilities lying either within or without the limits of such borough.

(72) NON-DEBT REVENUE BONDS. To issue non-debt revenue bonds pursuant to provisions of the Act of June 25, 1941 (P.L. 159) known as the "Municipal Borrowing Law," and its amendments, to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension or improvement of municipal facilities, including water systems or facilities, sewers, sewer systems and sewage disposal systems or facilities, systems for the treatment or disposal of garbage and refuse, gas plants or gas distribution systems for its own municipal purposes, electric light or power plants or power distribution systems, aeronautical facilities including but not limited to airports, terminals and hangars and park and recreational facilities and parking lots and facilities to be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of such facilities.

Included in the cost of the issue may be any costs and expenses incident to construction and financing the facilities and selling and distributing the bonds.

(73) REWARDS FOR APPREHENSION OF CERTAIN CRIMINALS. To offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the borough.

(73.1) APPROPRIATIONS FOR URBAN COMMON CARRIER MASS TRANSPORTATION. To appropriate funds for urban common carrier mass transportation purposes from current revenues and to make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements, and debt service, and to enter into long-term agreements providing for the payment of the said contributions.

(74) GENERAL POWERS. To make and adopt all such ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth, as may be expedient or necessary for the proper management, care and control of the borough and its finances, and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufactures.

(75) COMMUNITY DEVELOPMENT PROGRAMS. To undertake community development programs, including but not limited to, urban renewal public housing, model cities programs and neighborhood development projects.

(76) SALE OF REAL PROPERTY TO NON-PROFIT MEDICAL SERVICE CORPORATION. To sell borough-owned real property to a non-profit medical service corporation for its exclusive use as a site for a medical service facility.

(77) SALE OF REAL PROPERTY TO NON-PROFIT HOUSING CORPORATION. To sell borough-owned real property to a non-profit housing corporation for its exclusive use for housing for the elderly.

(78) GRANTS TO NONPROFIT ART CORPORATIONS. To make grants annually, not exceeding an amount equal to one mill of the real estate tax to nonprofit art corporations for the conduct of their artistic and cultural activities. For the purposes of this section nonprofit art corporation shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

(79) APPROPRIATIONS FOR NEIGHBORHOOD CRIME WATCH PROGRAMS. To appropriate annually, solely at the discretion of the borough officials, an amount toward a neighborhood crime watch program. Notwithstanding any other provision of law, no borough or official thereof shall become subject to contractual, tort or other liability as a result of having made an appropriation pursuant to this clause.

(80) APPROPRIATIONS TO SENIOR CITIZENS ORGANIZATIONS. To appropriate funds for programs which benefit senior citizens, or make grants to civic organizations which represent senior citizens, provide services to senior citizens, or of which its members are senior citizens.

(81) APPROPRIATIONS TO WATERSHED ASSOCIATIONS. To appropriate money to nonprofit watershed associations for watersheds serving the borough. Such appropriations may not be used to undertake litigation against any municipal corporation or to seek redress against any individual landowner.

(82) EMERGENCY SERVICES. The borough shall be responsible for ensuring that fire and emergency medical services are provided within the borough by the means and to the extent determined by the borough, including the appropriate financial and administrative assistance for these services. The borough shall consult with fire and emergency medical services providers to discuss the emergency services needs of the borough. The borough shall require any emergency services organization receiving borough funds to provide to the borough an annual itemized listing of all expenditures of these funds before the borough may consider budgeting additional funding to the organization.