Pennsylvania Act 1969-140 — PROVIDING MAYORS' EMERGENCY POWERS IN SECOND CLASS A CITIES

Act text

PROVIDING MAYORS' EMERGENCY POWERS IN SECOND CLASS A CITIES
                  Act of Dec. 5, 1969, P.L. 331, No. 140              Cl. 11
                                  AN ACT

     Providing for the mayor's emergency powers in cities of the
        second class A and providing penalties for violations of
        their exercise.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  In order to enable the mayor of every city of the
     second class A effectually to preserve the public peace within
     the city, all the powers which are devolved by the laws of this
     Commonwealth upon sheriffs, to prevent and suppress mobs, riots,
     and unlawful and tumultuous assemblies, are hereby conferred
     upon him. When the mayor considers that a state of emergency
     exists, he may issue his proclamation, which shall be in writing
     and copies of which shall be made available to all news media,
     and to each member of city council declaring a state of
     emergency for a period not to exceed five days, unless extended
     by action of council. In his proclamation he may prohibit, for
     all or any part of the city in which there is a clear and
     present danger to life or property through civil disorder:
        (1)  Any person being on the public streets, or in the public
     parks or at any other public place during the hours declared by
     him to be a period of curfew;
        (2)  The assembling or gathering of a group of people, in
     such numbers to be designated by him, upon the public streets,
     parks or other public places;
        (3)  The entry or departure of persons into or from any
     restricted area;
        (4)  The sale, purchase, or dispensing of any commodities or
     goods, as designated by him;
        (5)  The transportation, possession or use of gasoline,
     kerosene, or other combustible, flammable or explosive liquids
     or materials, except in connection with the normal operation of
     motor vehicles, normal home use, or legitimate commercial use;
        (6)  Any other such activities as he reasonably believes
     should be prohibited to help preserve life, health, property or
     the public peace.
        The proclamation shall describe any restricted area with
     particularity and shall specify the hours during which such
     restrictions are to be in effect.
        Any person violating such proclamation of emergency shall be
     guilty of a summary offense and shall, upon conviction, be
     sentenced to pay a fine not to exceed three hundred dollars
     ($300) or to undergo imprisonment not to exceed thirty days, or
     both.
        Section 2.  This act shall take effect immediately.