Whenever, in the judgment of the Mayor or the Chief of Police, it has
been determined that an emergency exists as a result of mob action, a riot,
an unlawful assembly or persons using force or violence or where there is
an imminent and present danger that there will be force or violence used by
an unlawful mob, the Mayor or the Chief of Police shall have the power to
impose, by proclamation, any and all of the following regulations necessary
to preserve the peace and order of the borough:
A. To impose a curfew upon all or any portion of the borough,
thereby requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, alleys, parks or other public places;
provided, however, that physicians, nurses and ambulance operators performing
medical services, utility personnel maintaining essential public services,
firemen and borough-authorized or -requested law enforcement officers and
personnel may be excepted from such curfew.
B. To order the closing of any establishment within the
borough for the period of the emergency, such businesses to include but not
be limited to those selling intoxicating liquors, gasoline or firearms.
C. To designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and pedestrian traffic.
D. To call up regular and auxiliary law enforcement agencies
within or without the borough to assist in preserving and keeping the peace
within the borough.
The proclamation of emergency provided herein shall become effective
upon its issuance and dissemination to the public by appropriate news media.
Any emergencies proclaimed in accordance with the provisions of this
Article shall terminate upon the issuance of a proclamation by the Mayor or
the Chief of Police.
[Amended 9-1-1992 by Ord. No. 92-19]
Any person who shall fail or refuse to comply with the orders of any
duly organized law enforcement officers or personnel charged with the responsibility
of enforcing the proclamation of emergency authorized herein shall be subject
to prosecution for such violation before any District Justice in the borough
and, upon conviction thereof, shall be sentenced to pay a fine of $600 for
each violation, plus costs, or, in default of payment of such fine and costs,
shall be subject to imprisonment for not more than 30 days.