Nutter Seeks Power to Declare Martial Law etc.
by
Watchdog | 02.03.2009
City Council will have a hearing on whether or not Nutter can have "discretion" to determine "emergencies" that merit Martial Law....to ban rallies and assembly and so forth.
This is copy of the Bill that Nutter hopes to get passed by City Council on Wed Feb 4. Thanks to Hallwatch for making this accessible...though Hallwatch will be going-out-of-business in the near future.
http://www.hallwatch.org/councilnotices/email/1225136934408/1225137061099/view
One question is...what is being planned, or what is expected, by the Nutters et al, that would prompt such authoritarian pre-emptive legislation? Should we move out of the city now? This is more of an Omen than a Bill.
This sounds like it could prohibit any labor or taxi driver strikes, and political rallies of any kind. Look at the definition of "emergency". With the "...or threat thereof" and .."may result" phrases, ANYTHING in the Mayor's "discretion" can be an emergency that merits actual Martial Law...with all that entails.
Sure, if LATER it's found that actions were illegal...unconstitutional...it won't be the Mayor and allies and cops that pay the penalties...it will be the City Of Philadelphia...the people. The City may need to shut some more libraries to pay compensation to victims of some officials' illegal policies. Neat system, eh?
Committee of Public Safety hearing on the bill Wed Feb. 4, at 1pm at City Hall. This committee is chaired by Donna Reed Miller who is the sponsor of the bill.
Bill No. 08079500.pdf
View original document
City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 080795
Introduced October 23, 2008
Councilmember Miller
Referred to the
Committee on Public Safety
AN ORDINANCE
Amending Section 10-819 of The Philadelphia Code, entitled "State of Emergency," to
expand upon the measures that the Mayor may take in an emergency, prohibit the
violation of orders issued in connection with a declaration of emergency, revise the
penalties for violations, provide definitions, and make technical and other changes, all
under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 10-819 of The Philadelphia Code is hereby amended to read as
follows:
TITLE 10. REGULATION OF INDIVIDUAL
CONDUCT AND ACTIVITY.
* * *
CHAPTER 10-800. SAFETY.
* * *
§ 10-819. [State] Declaration of Emergency.
(1) Definitions.
(a) Emergency. Means any occurrence, or threat thereof, whether
accidental, natural or caused by man, in war or peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of property.
City of Philadelphia
BILL NO. 080795 continued
City of Philadelphia - 2 -
(b) Normal average retail price. That price which is the average of
any two similar items of a good, material or service sold during the 12 months
immediately preceding an emergency.
[(1)] (2) Emergency Measures. The Mayor of the City of Philadelphia is
authorized, if he finds that the City or any part thereof is suffering or is in imminent
danger of suffering an
emergency or other significant civil disturbance, disorder, riot or
other occurrence which will seriously and substantially endanger the health, safety [and]
or property of the citizens, to declare [a STATE OF EMERGENCY] an emergency by
proclamation. A declaration of an emergency may, at the discretion of the Mayor,
constitute a declaration of local disaster emergency, as that term is used in state law.
(3) [and] Pursuant to a declaration of an emergency, the Mayor may, by
order, exercise the following powers and take the following specified measures
throughout the City or any part thereof to protect the health and safety of people and
property:
(a) [Prohibit 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] Recommend or mandate
sheltering-in-place or evacuation for the entire City or any portion thereof;
(b) Halt access or egress upon public highways to or from the City or
any part thereof and designate any street, or portion thereof, park, parking area, public
accommodation or other location commonly open to public use closed to vehicular or
pedestrian traffic;
(c) Suspend operations at municipal airports;
(d) Halt the movement of trains, boats or other vehicles into, within or
from the City, or any part thereof;
(e) Establish a curfew, throughout the City or in any part thereof,
limiting the hours when persons may go upon or travel the public streets, or travel
through or occupy parks, parking areas, public accommodations or other locations
commonly open to public use. Such curfew may prohibit assembling, gathering,
loitering, or
other congregating in any manner in groups in any place for any purpose.
The order establishing such a curfew may exempt from the order public officials, law
enforcement officers, firefighters, persons who are awaiting transportation, peaceably
entering or leaving buildings, performing medical or essential utility services, and any
other persons determined to warrant exemption as set forth in the order;
City of Philadelphia
BILL NO. 080795 continued
City of Philadelphia - 3 -
(f) Require the closing of any and all business establishments in the
City;
[(f)] (g) Require the closing of taprooms and bars and prohibit the
sale [or] , service, transport or free provision of alcoholic beverages in any hotel,
restaurant, club or other establishment;
(h) Require the closing of gasoline stations and other establishments,
the primary activity of
which is the sale, distribution or dispensing of gasoline or other
flammable or combustible products;
[(g)] (i) Prohibit or restrict the sale, distribution, transport, or free
provision of gasoline or other [inflammable] flammable or combustible [liquids]
products;
[(h)] (j) Prohibit the sale, free provision, carrying or possession [on
the public street or public sidewalks, or in any public park or square] in a street, park,
parking area, public accommodation or other location commonly open to public use, of
weapons including, but not limited to, firearms, ammunition, bows and arrows, air rifles,
slingshots, knives, razors or missiles of any kind by persons other than authorized law
enforcement personnel or person in active military service;
(k) Prohibit any person operating a retail business from charging
more for goods, materials or services than the normal average retail price, except
when
the cost of providing the goods, materials or services is substantially increased as a
result of the emergency; and
(l) Restrict or permit such other conduct as deemed necessary to
protect like and property and to preserve critical resources to carry out the purposes of
this Section.
[(2)] (4) Duration. The [STATE OF EMERGENCY] emergency declared
by the Mayor shall exist for the period set forth in the proclamation but not in excess of
two weeks. However, the [STATE OF EMERGENCY] emergency may be extended for
additional periods of two weeks.
(5) No person shall fail, neglect or refuse to comply with any order made or
prohibitions instituted pursuant to a proclamation made under this Section, or an order
given by a law enforcement or emergency management officer in enforcement of such an
order or prohibition. No person shall aid, assist, encourage, or support the
commission
of a violation of an order made or prohibitions instituted pursuant to a proclamation
City of Philadelphia
BILL NO. 080795 continued
City of Philadelphia - 4 -
issued pursuant to this Section, or an order given by a law enforcement or emergency
management officer in enforcement of such an order or prohibition.
[(3)] (6) Penalty. Any person who violates [these emergency precautions
taken by the Mayor under the authority of this ordinance] subsection (5) of this section
shall be subject to a fine [of not less than one hundred (100) dollars nor more than three
hundred (300) dollars] in the amount established for a Class III offense, or imprisonment
for a term not to exceed ninety days, or both.
___________________________________
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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Comments
Bill
Submitted by Baba Bob Shipman on Wed, 02/04/2009 - 7:38amOMG, you must be kidding. This guy must be getting signals from the man behind the curtain. Really?
A nice post! I am interested
Submitted by Hanoi Hotels (not verified) on Mon, 06/28/2010 - 6:14amA nice post!
I am interested in reading it!
Thanks!
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