[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.).
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.
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.
(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.
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.
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.
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).
