All persons residing in the City are entitled
to the equal protection of their lives and property. The law protects
all, not only against actual physical violence but also against threats
and intimidations from any person or group of persons. The City Council
cannot permit persons, known or unknown, to issue either actual or
implied threats against other persons in the City. Persons in this
City are and shall continue to be answerable only to the established
law as enforced by legally appointed officers.
As used in this article, all terms shall have
the meanings commonly assigned to them, unless a different meaning
clearly appears from the context. The following terms shall have the
meanings indicated:
PUBLIC PLACES
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.
Wearing hoods, masks or any other such device
which conceals the identity by hiding the face in a public place is
hereby prohibited. No person while wearing any hood, mask or device
which conceals the identity by hiding the face or whereby a substantial
portion of the face is hidden or covered so as to conceal the identity
of the wearer shall enter, be or appear in any public place within
the City.
Wearing hoods, masks or any other such device
which conceals the identity by hiding the face on the property of
another is hereby prohibited. No person while wearing any hood, mask
or device which conceals the identity by hiding the face or whereby
a substantial portion of the face is hidden or covered so as to conceal
the identity of the wearer shall 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 unless he first has obtained the written
permission of the owner or occupant of such property.
Exemptions to this article are as follows:
A. A person wearing a traditional holiday costume on
the occasion of the holiday.
B. A person lawfully engaged in trade or employment or
in a sporting activity where a mask is worn for the purpose of ensuring
the physical safety of the wearer or because of the nature of the
occupation, trade or profession or sporting activity.
C. A person using a mask in a theatrical production,
including use in Mardi Gras celebrations and masquerade balls.
D. A person wearing a gas mask prescribed in emergency
management drills and exercises or emergencies.
E. A person under 16 years of age.
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 or
allergy or as a protection measure to avoid the spread of airborne
viruses or on the advice of his or her physician.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The above provisions apply only if the person
was wearing the hood, mask or other device:
A. With the intent to deprive any person or class of
persons of the equal protection of the laws or of equal privileges
and immunities under the laws or for the purpose of preventing or
hindering the constituted authorities of the United States or this
commonwealth or any subdivision thereof from giving or securing to
all persons within this commonwealth the equal protection of the laws;
B. With the intent, by force or threat of force, to injure,
intimidate or interfere with any person because of his exercise of
any right secured by federal, state or local laws or to intimidate
such person or any other person or any class of person from exercising
any right secured by federal, state or local law;
C. With the intent to intimidate, threaten, abuse or
harass any other person;
D. With the intent to cause another person to fear for
his or her personal safety or, where it is probable that reasonable
persons will be put in fear for their personal safety by the defendant's
actions, with reckless disregard for such probability; or
E. While engaged in conduct prohibited by civil or criminal
law, with the intent of avoiding identification.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of
this article commits a summary offense and, upon conviction, shall
be sentenced to pay a fine of not more than $1,000 or to imprisonment
for not more than 90 days, or both.