§10A06. General powers of mayor.  


Latest version.
  • (a) Oaths and affirmations.--The mayor may administer oaths and affirmations in matters pertaining to borough affairs.

    (b) Emergencies.--

    (1) In addition to the power granted to mayors by 35 Pa.C.S. Pt. V (relating to emergency management services) and in order to enable the mayor to effectually preserve the public peace within the borough, the mayor shall have the power to prevent and suppress mobs, riots and unlawful and tumultuous assemblies.

    (2) In the event that a state of emergency exists, a mayor shall have the authority to request aid and assistance from law enforcement officers and agencies from a neighboring municipality.

    (3) In response to a request of a mayor made in accordance with this subsection, a municipal police officer shall, within the borough from which the request was made, have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office as if enforcing those laws or performing those functions within the territorial limits of the officer's primary jurisdiction, subject to the limitations and conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and (e) (relating to Statewide municipal police jurisdiction).

    (4) If the mayor considers that a state of emergency exists, the mayor may issue a proclamation, which shall be in writing and posted in one or more conspicuous places and the contents of which shall be made available to all news media, declaring a state of emergency for a period not to exceed seven days unless sooner rescinded, modified or ratified or extended by resolution of council.

    (5) The mayor may prohibit in the proclamation for all or part of the borough:

    (i) Any person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew.

    (ii) The entry or departure of persons into or from any restricted area.

    (iii) The sale, purchase or dispensing of any commodities or goods as designated by the mayor.

    (iv) The transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use.

    (v) Any other activities as the mayor reasonably believes should be prohibited to help preserve life, health, property or the public peace.

    (6) The proclamation shall describe the specific restricted area with particularity and shall specify the hours when restrictions are to be in effect.

    (7) A person violating the proclamation of emergency commits a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $300 and costs or to a term of imprisonment not to exceed 30 days.