Code Book
Code of the Township of Abington                                    [ Back to Table of Contents ]

Search This Page Type in the text you wish to locate on this page (press the "Find" button again or "Alt +S" to continue the search and find the next instance of the word you are looking for):

PART II GENERAL LEGISLATION: Chapter 74, EMERGENCIES, PUBLIC

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 4-13-1972 by Ord. No. 1327. Amendments noted where applicable.]

GENERAL REFERENCES

Loitering -- See Ch. 104.

74-1. Authority of President of Board of Commissioners.

The President of the Board of Commissioners of the Township of Abington is authorized, if such officer finds that the township or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a state of emergency and take any one or more of the following specified measures throughout the township or any part thereof, which the President may thereafter modify or remove:

A. Prohibit persons from gathering or congregating or limit the number of persons who may gather or congregate upon the public highways or public sidewalks or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place or peaceably entering or leaving buildings.

B. Halt or limit either pedestrian or vehicular access or egress upon public highways to or from the township or any part thereof.

C. Halt or limit the movement of trains or other vehicles into, within or from the township and halt or limit the discharge of persons therefrom.

D. Establish a curfew limiting the hours when persons may go upon or travel the public streets.

E. Require the closing of taprooms and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment.

F. Prohibit or restrict the sale of gasoline or other flammable liquids and prohibit the possession of gasoline in glass containers.

G. Prohibit or restrict the sale, carrying or possession of weapons on the public streets or public sidewalks or in any public park or place, including but not limited to firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind.

74-2. Duration of emergency.

A. A state of emergency declared by the President of the Board of Commissioners shall terminate unless confirmed by a majority vote of the Board of Commissioners at a special meeting held within 72 hours following the declaration by the President of the Board of a state of emergency.

B. Upon such confirmation, the state of emergency declared by the Present of the Board shall exist for the period set for in the proclamation but not in excess of two weeks. However, the state of emergency may be extended for additional periods of two weeks each upon declaration by the President of the Board of Commissioners, provided only that such extension is confirmed by a majority vote of the Board of Commissioners at a special meeting held within 72 hours following the declaration of each such extension.

C. If the President of the Board determines that the danger which required the declaration of a state of emergency has ended, the President shall so declare and withdraw the existing declaration of a state of emergency.

74-3. Authority of subordinates.

A. In the event that the President of the Board of Commissioners is absent from the township or for any reason of health unable to act pursuant to this chapter, the Vice President of the Board of Commissioners is hereby authorized to act in place of the President.

B. In the event that the President and Vice President of the Board of Commissioners are absent from the Township of Abington or for any reason of health unable to act pursuant to this chapter, the Director of Public Safety is hereby authorized to act in their place.

C. In the event that the President and Vice President of the Board of Commissioners and the Director of Public Safety are absent from the Township of Abington or for any reason of health unable to act pursuant to this chapter, the Township Manager is hereby authorized to act in their place.

74-4. Violations and penalties.

Any person who violates any emergency precaution taken by the President of the Board of Commissioners under the authority of this chapter shall be liable for each such offense, upon conviction before any District Justice, to a fine of not more than $300, together with the costs of prosecution, and in default of payment of such fine and costs, to undergo imprisonment for a period not exceeding five days, and each day's failure to comply with any such provision shall constitute a separate violation.