HOUSE AMENDED
PRIOR PRINTER'S NO. 655 PRINTER'S NO. 1848
No. 623 Session of 1979
INTRODUCED BY LEWIS, ORLANDO, STOUT, STAUFFER AND CORMAN,
APRIL 23, 1979
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 28, 1980
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," providing
4 for the powers of the mayor.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1028, act of February 1, 1966 (1965
8 P.L.1656, No.581), known as "The Borough Code," is amended to
9 read:
10 Section 1028. General Powers of Mayor.--(a) The mayor shall
11 have power:
12 (1) To administer oaths and affirmations in matters
13 pertaining to borough affairs.
14 (b) In ADDITION TO THE POWER GRANTED TO MAYORS BY PART V OF <--
15 TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
16 EMERGENCY MANAGEMENT SERVICES) AND IN order to enable him
17 effectually to preserve the public peace within the borough, all
18 the powers which are devolved by the laws of this Commonwealth
1 upon sheriffs, to prevent and suppress mobs, riots and unlawful
2 and tumultuous assemblies, are hereby conferred upon the mayor.
3 When the mayor considers that a state of emergency exists, he
4 may issue his proclamation, which shall be in writing and the
5 contents of which shall be made available to all news media,
6 declaring a state of emergency for a period not to exceed five <--
7 SEVEN days, unless sooner rescinded, modified or ratified or <--
8 extended by resolution of council. In his proclamation he may
9 prohibit, for all or any part of the borough:
10 (1) Any person being on the public streets or in the public
11 parks or at any other public place during the hours declared by
12 him to be a period of curfew.
13 (2) The entry or departure of persons into or from any
14 restricted area.
15 (3) The sale, purchase or dispensing of any commodities or
16 goods, as designated by him.
17 (4) The transportation, possession or use of gasoline,
18 kerosene or other combustible, flammable or explosive liquids or
19 materials, except in connection with the normal operation of
20 motor vehicles, normal home use or legitimate commercial use.
21 (5) Any other such activities as he reasonably believes
22 should be prohibited to help preserve life, health, property or
23 the public peace.
24 The proclamation shall describe any restrictive area with
25 particularity and shall specify the hours during such
26 restrictions are to be in effect.
27 Any person violating such proclamation of emergency shall be
28 guilty of a summary offense and shall, upon conviction, be
29 sentenced to pay a fine not to exceed three hundred dollars
30 ($300) and costs or to undergo imprisonment not to exceed thirty
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1 days.
2 Section 2. This act shall take effect immediately.
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