(a) Initiation of proceedings.--Registered voters may petition council to initiate proceedings under section 10401 (relating to general power of council) to create new wards, divide a ward or wards or detach part of a ward and attach it to another ward as follows:
(1) One hundred registered voters may petition council to create or divide a ward if:
(i) In the case of a petition proposing to create a ward, the petitioners reside in the portion of the city which the petition proposes to create as a ward.
(ii) In the case of a petition proposing to divide a ward, the petitioners reside in the ward which the petition proposes to divide.
(2) Twenty-five registered voters may petition to detach part of one ward and attach the detached part to another ward if the petitioners reside in the part of the ward that is proposed to be detached.
(b) Council.--Council shall determine, by motion approved by a majority of council and within 90 days of presentment of the petition, whether to initiate proceedings under section 10401. If the motion is in favor of initiating proceedings, council shall appoint a commission in accordance with section 10403 (relating to appointment of commission).
(c) Court of common pleas.--If council has not approved a motion within 90 days after the presentment of a petition under subsection (a), 10 registered voters may petition the court of common pleas and contest the existing apportionment as violating section 10401. The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).
Cross References. Section 10401.1 is referred to in section 10401 of this title.
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