[Ord. 6-1999, passed 2-3-1999]
As used in this article, "public places" means all walks, alleys,
streets, boulevards, avenues, lanes, roads, highways or other ways
or thoroughfares dedicated to public use or owned or maintained by
public authority; and all grounds and buildings owned, leased or operated
for the use of organizations enjoying all tax-exempt privileges as
charitable use.
[Ord. 6-1999, passed 2-3-1999]
No person shall, while wearing any hood which conceals the identity
by hiding the face, mask or other device whereby a substantial portion
of the face is hidden or covered so as to conceal the identity of
the wearer, enter, be or appear in any public place within the City
of Erie, if such person is engaged in conduct prohibited by criminal
or civil rights law.
[Ord. 6-1999, passed 2-3-1999]
No person shall, while wearing any hood which conceals the identity
by hiding the face, mask or device whereby a substantial portion of
the face is hidden or covered so as to conceal the identity of the
wearer, demand entrance or admission, enter or come upon or into,
or be upon or in the premises, enclosure or house of any other person
in the City of Erie, unless he shall have first obtained the written
permission of the owner and the occupant of such property, if such
person is engaged in conduct prohibited by criminal or civil rights
law.
[Ord. 6-1999, passed 2-3-1999]
It is specifically declared that the City of Erie does not intend to criminalize the concealment of identity alone, apart from other criminality or actual deprivations of civil rights of other persons engaged in while identity is concealed. Most specifically, the following are set forth as general exemptions from the scope of the prohibitions set forth in Sections
733.02 and
733.03 hereof, so long as the person is not engaging in criminal acts or violating the civil rights of others while concealing identity:
(a) Any person under 16 years of age;
(b) Any person wearing a traditional holiday costume in season;
(c) Any person using masks in theatrical productions including use in
celebrations and masquerade balls;
(d) Any person lawfully engaged in trades or employment or in a sporting
activity where a mask or facial covering is worn for the purpose of
ensuring the physical safety of the wearer, or because of the nature
of the occupation, trade or professional or sporting activity;
(e) Any person wearing a gas mask in drills, exercises or emergencies;
(f) Any person wearing a mask or wearing apparel in season as personal
protection against cold weather;
(g) Any person wearing a mask because of any illness, allergy, or on
the advice of his or her physician;
(h) Any person expressing a religious belief or observance, or engaging
in any other expressive conduct or preservation of anonymity protected
by the Constitution of the United States or Pennsylvania.
[Ord. 6-1999, passed 2-3-1999]
No portion of this article shall be so construed as to violate
the constitutional rights of any person under the Constitutions of
the Commonwealth of Pennsylvania or the United States of America.
[Ord. 6-1999, passed 2-3-1999]
Any person who violates any provision of this article shall
be guilty of a summary offense, and if convicted, shall be fined not
more than $1,000 and/or imprisoned not more than 90 days.