[HISTORY: Adopted by the City Council of the City of Harrisburg 11-13-2012 by Ord. No.
12-2012. Amendments noted where applicable.]
This chapter may be cited as "Interference With Access to Health
Care Facilities."
A.
The Council of the City of Harrisburg recognizes that access to health
care facilities for the purpose of obtaining medical counseling and
treatment is important for residents and visitors to the City. City
Council further recognizes that the exercise of a person's right to
protest or counsel against certain medical procedures is a First Amendment
activity that must be balanced against another person's right to obtain
medical counseling and treatment in an unobstructed manner.
B.
The City Council is aware of several instances in which police departments
across the commonwealth, including the City of Harrisburg Bureau of
Police, have been called upon to mediate disputes between those seeking
medical counseling and treatment and those who would counsel against
their actions in an effort to prevent violent confrontations which
would lead to criminal charges.
C.
In order to promote the health and welfare of City residents and
visitors to the City's health care facilities, as well as the health
and welfare of those who may wish to voice their constitutionally
protected speech outside of such health care facilities, the City
finds that the limited buffer zones outside of health care facilities
established by this chapter will ensure that patients have unimpeded
access to medical services while protecting the First Amendment rights
of demonstrators to communicate their message.
"Health care facility" means any hospital, medical office, physical
or psychological therapy facility or clinic licensed by the Commonwealth
of Pennsylvania Department of Health.
A.
No person or persons shall knowingly congregate, patrol, picket or
demonstrate in a zone extending 20 feet from any portion of an entrance
to, exit from, or driveway of a health care facility. This section
shall not apply to police and public safety officers, fire and rescue
personnel, or other emergency workers in the course of their official
business or to authorized security personnel, employees or agents
of the hospital, medical office or clinic engaged in assisting patients
and other persons to enter or exit the hospital, medical office, or
clinic.
B.
The provisions of this section shall apply to all persons equally
regardless of the intent of their conduct or the content of their
speech.
Any person, firm, or corporation who or which pleads guilty
or nolo contendere or is convicted of violating this chapter shall
be guilty of a summary offense and punished by a fine of at least
$50 for the first offense; a fine of at least $150 for a second offense
within five years; and a fine of $300 for a third offense within five
years. For fourth and subsequent offenses within five years the fine
shall not be less than $300 and/or imprisonment for not more than
30 days.