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.
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.
[Added 12-14-2020 by Ord. No. 13-2020]
In order to continue to meet the immediate public health dangers arising from the ongoing coronavirus pandemic and mitigate the spread of infection, the City must be able to undertake extraordinary measures for the duration of the threat. The temporary supplemental emergency powers provided in Part B are necessary for the City to fulfill its immediate obligation to provide for the health, safety and welfare of those who live, work or visit here in the course of a pandemic.
The Council for the City of Harrisburg finds the following to be publicly available recitations that together demonstrate the immediate need and authority to enact temporary powers to assist in the mitigation of the spread of infection:
In addition to any powers conferred under Part
A of this chapter or otherwise by law, whenever the Mayor determines that there exists a public health hazard that requires extraordinary steps to mitigate or slow contagion from a communicable disease through the movement or displacement of individuals within the City that is determined to present a significant increased risk to public health that risks overwhelming public and private systems and resources in the City that otherwise take part of addressing a public health hazard, the Mayor, in addition to any power to declare that a state of
emergency exists in accordance with Part
A of the chapter or otherwise by law, may issue a supplemental declaration of public health
emergency.
Whenever the Mayor declares that a state of public health emergency exists under this Part B, any of the following additional emergency prohibitions, restrictions, enforcement measures or any combination thereof shall be subject to being implemented immediately upon the Mayor's issuance or renewal of any declaration made hereunder and shall remain in effect during the period of said emergency and throughout the City:
A. Prohibit the eviction, ejectment or displacement of individuals, families or households within the City from any residential rental unit, dwelling unit or rooming house for a period of up to 30 days.
B. Renew or reissue a prohibition under Subsection
A above, for periods up to 30 days each, as public health
emergency conditions warrant.
C. Petition the Governor in accordance with Section 1 of the Emergency Management Services Code, 35 Pa.C.S.A. § 7101 et seq. and § 7102, specifically, for any resource shortage related to public health emergency.
D. Directives for City personnel to investigate and determine whether a violation of the prohibitions of this Part B occurred and commence enforcement actions accordingly.
E. Petition to intervene in any or all pending eviction or ejectments actions.
F. Directives for the issuance of any regulations necessary to implement and enforce this Part B.
The requirement to refrain from the eviction, ejectment or displacement of individuals, families or households within the City from any residential rental unit or dwelling unit under this Part
B shall be deemed a violation of the required minimum standards for a dwelling under Chapter 6-301.1, subject to the supplemental Part
B penalties.
The requirement to refrain from the eviction, ejectment or displacement of individuals, families or households within the City from any residential rental unit, dwelling unit or rooming house under this Part
B shall be deemed a Public Health Code violation qualifying as a miscellaneous health hazard under Chapter
6-313, subject to the supplemental Part
B penalties.
Compliance with any declaration issued under this Part
B shall be a condition for every dwelling unit subject to Chapter
8-511, and a violation thereof shall cause a revocation of the certificate of compliance under Chapter 8-511.13, rendering the dwelling unit subject to placarding and the loss of any certificate of occupancy for 90 days.
Compliance with any declaration issued under this Part
B shall be a condition for every rooming house subject to Chapter
8-503, and a violation thereof shall cause a suspension of the permit authorizing the operation of a rooming house, rendering the entire rooming house subject to placarding for 120 days, with other remaining occupants subject to an immediate thirty-day written notice from the permit holder to vacate.
This Part
B is enacted under the authority of Section 303 of the Optional Third Class City Charter Law, authorizing the enactment of ordinances and exercise of all powers of local government.
The Mayor or duly appointed designee shall have the power in the name of the City to institute proceedings against any and all persons who violate the provisions of this chapter or to take any other action provided by law.
Any person aggrieved by any decision of the Mayor or duly appointed designee shall have the right to appeal to the Court of Common Pleas, as in other cases.
This Part B shall sunset as a matter of law on December 31, 2021. Notwithstanding the lapse of this Part B, the City's authority and right to commence or continue any enforcement action for any violation of a declaration, directive, regulation or other order issued under this Part B shall remain in full force and effect.
[Amended 4-9-2013 by Ord. No. 3-2013]
Any person who violates the provisions of this chapter shall be subject to Chapter
3-399, Penalty, of these Codified Ordinances.