Whenever, in the judgment of the Mayor, or in the event of his absence,
disability or other inability to act, the President of Council, or in the
event of the inability of the President of Council to so act, the member of
Council having the longest term of service as such or in the event of the
absence, disability or other inability to act of all of them, then the Chief
of Police of the borough determines that an emergency exists as a result of
mob action or other civil disobedience, including riot, rout or unlawful assembly,
or real and present danger thereof causing or likely to cause danger of injury
to or damages to persons or property, he shall have the power to impose by
proclamation any and all of the following regulations deemed by him 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, areas, parks or other public places;
provided, however, that physicians, nurses and ambulance operators performing
medical services, utility personnel maintaining initial public services, firemen
and borough authorized or requested law enforcement officers and personnel
shall be exempted from such curfew.
B. To order the closing of any business establishments anywhere
within the borough for the period of the emergency, such businesses to include,
but not be limited to those selling intoxicating liquors, cereal malt beverages,
gasoline or firearms or ammunition.
C. To designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and pedestrian traffic.
D. To call upon regular and auxiliary law enforcement agencies
and organizations within or without the borough to assist in preserving and
keeping the peace within the borough and in enforcing the proclamation of
emergency.
E. Issue such other orders as are immediately necessary
in his judgment for the protection of life and property.
The proclamation of emergency provided herein shall become effective
upon its issuance to news media or immediate dissemination to the public,
its posting on a bulletin board in the borough hall and, where feasible, by
public address systems throughout the borough. Any emergency proclaimed in
accordance with the provisions of this chapter shall terminate after 48 hours
from the issuance thereof, or upon the issuance of a proclamation determining
an emergency no longer exists, whichever occurs first; however, that such
emergency may be extended for such additional comparable periods of time as
determined necessary by the Mayor.
Any person who shall violate any of the provisions of this chapter or who shall willfully fail or refuse to comply with the proclamation or shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency, shall be subject to the penalty in Chapter
1, General Provisions, Article
II, Penalties.