City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
Chapter 3-355: State of Emergency
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 68-1969. Amendments noted where applicable.]
CROSS-REFERENCES
Mayor's emergency powers: see 3rd Class City Code § 1203 (53 P.S. § 36203).
Liquor Code: Act of June 29, 1987, P.L. 32, as amended (47 P.S. § 1-101 et seq.).

§ 3-355.1 Declaration of emergency.

Whenever the Mayor determines there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority and that, therefore, there is reason to believe that there exists a clear and present danger of a riot, civil disorder or other general public disorder, widespread disobedience of the law and substantial injury to persons or property, all of which constitute a threat to public peace or order and to the general welfare of the City or a part or parts thereof, he or she may declare that a state of emergency exists within the City or any part or parts thereof.

§ 3-355.2 Emergency measures.

A. 
Whenever the Mayor declares that a state of emergency exists, the following emergency prohibitions shall thereupon be in effect during the period of said emergency and throughout the City:
(1) 
The sale or transfer of possession, with or without consideration, the offering to sell or so transfer and the purchase of any ammunition, guns or other firearms of any size or description.
(2) 
The displaying by or in any store or shop of any ammunition, guns or other firearms of any size or description.
(3) 
The possession in a public place of a rifle or shotgun by a person, except a duly authorized law enforcement officer or person in military service acting in an official performance of his or her duty.
B. 
The Mayor may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may determine appropriate; any such emergency measures so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared:
(1) 
The establishment of curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parked, except for the provision of designated essential services such as fire, police and hospital services, including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians.
(2) 
The prohibition of the sale of any alcoholic beverage as defined in the Liquor Code.[1]
[1]
Editor's Note: See 47 P.S. § 1-102.
(3) 
The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage.
(4) 
The closing of places of public assemblage with designated exceptions.
(5) 
The prohibition of the sale or transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid, except by delivery into a tank properly affixed to an operative motor-driven vehicle, bike, scooter, or boat and necessary for the propulsion thereof.
(6) 
The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid.
(7) 
The prohibition or limitation of the number of persons who may gather or congregate upon the public highways or public sidewalks or in any other public place, except only persons who are awaiting transportation, engaging in recreational activities at a usual and customary place or peaceably entering or leaving buildings.
(8) 
The prohibition of the possession in a public place or park of weapons, including but not limited to firearms, bows and arrows, air rifles, slingshots, knives, razors, blackjacks, billy clubs, or missiles of any kind.

§ 3-355.3 Filing and publication.

Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of this chapter shall, as promptly as practicable, be filed in the office of the City Clerk and shall also be delivered to appropriate news media for publication on radio and television broadcasts. In the event practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means, such as posting and loudspeakers.

§ 3-355.4 Duration and termination of emergency.

A state of emergency established under this chapter shall commence upon the declaration thereof by the Mayor and shall terminate at the end of a period of five days thereafter unless, prior to the end of such five-day period, the Mayor shall either terminate such state of emergency or shall declare an additional period of state of emergency. Any additional period of emergency shall commence and terminate as provided in this chapter.

§ 3-355.99 Penalty. [1]

Any person who violates the provisions of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).