act-1942-1-14•Pennsylvania Act 1942-14 (session 1) — AIR RAID PRECAUTIONS ACT - ENACTMENT
Pennsylvania Act 1942-14 (session 1) — AIR RAID PRECAUTIONS ACT - ENACTMENT
act-1942-1-141942 Pa. Act 14 (session 1)Law
Act text
"AIR RAID PRECAUTIONS ACT"
Act of Apr. 13, 1942, Special Session 1, P.L. 37, No. 14 Cl. 35
Special Session No. 1 of 1942
No. 1942-14
AN ACT
Relating to air raid precautions, including blackouts;
conferring certain powers and duties upon the State Council
of Civil Defense, local and district Councils of Civil
Defense, political subdivisions, members of certain municipal
and volunteer agencies and civilians necessary for the
safety, defense and protection of civilians and property in
the Commonwealth; providing for the mobilization,
coordination and use of certain municipal agencies and
volunteer agencies, including their personnel and equipment;
providing for immunity from liability for injury or death to
persons or damage to property under certain circumstances,
and providing penalties. (Title amended Mar. 19, 1951,
P.L.37, No.5)
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. This act shall be known and may be cited as the
"Air Raid Precautions Act".
Section 2. The following words and phrases shall have the
meaning ascribed to them in this section:
"Attack" shall mean all conditions of hostile air raid
attack.
"Drill" shall mean air raid drill and practice blackout.
"During attack or drill" shall mean immediately prior to,
during and immediately subsequent to an air raid drill, practice
blackout or all actual conditions of hostile air raid attack.
"Local and District Councils of Civil Defense" shall mean
such councils established under the provisions of the act,
approved the nineteenth day of March, one thousand nine hundred
fifty-one (Pamphlet Laws 28), entitled "An act relating to the
civil defense of this State and its coordination with national
defense; providing for the establishment of a State Council of
Civil Defense, local and district councils of civil defense,
Mobile Support Units; prescribing the powers, duties and
immunities thereof and of their personnel; authorizing mutual
aid compacts, and providing penalties." (Def. amended Mar. 19,
1951, P.L.37, No.5)
"Municipal agencies" shall mean and include police, fire,
sanitation, sewer, water, engineering and all other regular
municipal agencies manned by officers and employes of a
political subdivision of the Commonwealth charged with duties
and responsibilities in connection with civilian protection.
"Political subdivision" shall mean any county, city, borough,
incorporated town and township.
"State Council of Civil Defense" shall mean such council
established under the provisions of the act, approved the
nineteenth day of March, one thousand nine hundred fifty-one
(Pamphlet Laws 28), entitled "An act relating to the civil
defense of this State and its coordination with national
defense; providing for the establishment of a State Council of
Civil Defense, local and district councils of civil defense,
Mobile Support Units; prescribing the powers, duties and
immunities thereof and of their personnel; authorizing mutual
aid compacts, and providing penalties." (Def. amended Mar. 19
1951, P.L.37, No.5)
"Volunteer agencies" shall mean and include air raid wardens,
auxiliary police, auxiliary firemen, bomb squads, rescue squads,
medical forces, nurses' aides, repair crews, decontamination
corps, demolition crews and all other civilian protection forces
and services charged with duties and responsibilities in
connection with civilian protection.
Section 3. (a) The State Council of Civil Defense shall
during the continuance of the existing state of war between the
United States and any foreign country have the power and its
duty shall be to take such precautionary measures as may be
necessary for the safety, defense and protection of the civilian
population of the Commonwealth and property within the
Commonwealth with respect to air raids. In furtherance of this
power and duty the State Council of Civil Defense shall have
power to adopt, promulgate and enforce rules, regulations and
orders for this purpose. The State Council of Civil Defense
shall cause such rules, regulations and orders to be published
and disseminated in the Commonwealth in such manner and to such
extent as it shall deem necessary and advisable. Such rules,
regulations and orders adopted by the State Council of Civil
Defense shall have the same force as if they formed a part of
this act. Subject to the provisions of this act, and without
limiting the general power conferred above, the State Council of
Civil Defense shall have the power and its duty shall be to make
rules, regulations and orders regarding:
(1) The organization, recruiting, training, maintenance and
operation of aircraft warning services, observation and
listening posts, information and control centers, including the
location thereof, and such other services and facilities as may
be necessary for the prompt reception and transmission of air
raid warnings and drills;
(2) The formulation and execution of plans for the carrying
out of practice blackouts, air raid drills and warnings and of
all precautionary measures under actual conditions of hostile
air raids or enemy attack;
(3) The organization, recruiting, training, conduct and
duties and powers of volunteer agencies;
(4) The effective screening or extinguishment of all lights
and lighting devices and appliances;
(5) The conduct of civilians and the movement and cessation
of pedestrian and vehicular traffic during attack or drill;
(6) The evacuation of civilian populations from dangerous or
damaged areas;
(7) The mobilization and coordination of municipal and
volunteer agencies and the use of the personnel and equipment of
such agencies wherever needed in the Commonwealth.
(b) Local and district Councils of Civil Defense shall have
the power to adopt, promulgate and enforce rules, regulations
and orders not inconsistent with rules, regulations and orders
adopted by the State Council of Civil Defense with respect to
the foregoing matters: Provided, however, That no rule,
regulation or other order of any local or district Council of
Civil Defense shall become effective unless and until it shall
have received the prior approval of the State Council of Civil
Defense. Each local and district Council of Civil Defense shall
have available for inspection at its offices all rules,
regulations and orders adopted by the State Council of Civil
Defense and by such local or district Council of Civil Defense.
(3 amended Mar. 19, 1951, P.L.37, No.5)
Section 4. It shall be the duty of every local and district
Council of Civil Defense to execute and enforce such plans,
rules, regulations and orders as the State Council of Civil
Defense shall adopt and promulgate. The State Council of Civil
Defense is hereby authorized to designate and require agencies
to aid and assist the council in the discharge of one or more of
its powers and duties under this act and to grant authority to
such agencies as may be deemed necessary for the effective
accomplishment of any of its functions, powers and duties.
(4 amended Mar. 19, 1951, P.L.37, No.5)
Section 5. The State Council of Civil Defense in providing
for the mobilization and coordination of municipal and volunteer
agencies shall have power to make the personnel and equipment of
such agencies available for duty and use in any political
subdivision other than the political subdivision in which such
personnel and equipment are normally used, employed or act.
Unless existing or future voluntary agreements between political
subdivisions require otherwise, the use of personnel and
equipment of any municipal agencies in any political subdivision
other than the political subdivision in which they normally are
used, employed or act shall be without charge or expense to such
political subdivision. Whenever any part of the regular
personnel of any municipal agency of any political subdivision
are engaged under the provisions of this act in rendering
services in another political subdivision, such personnel shall
have the same powers, duties, rights, privileges and immunities
as if they were performing their duties in the political
subdivision in which they are normally employed or act.
(5 amended Mar. 19, 1951, P.L.37, No.5)
Section 6. Whenever the United States or any agency or
officer thereof shall offer equipment, supplies, materials or
funds for or relating to air raid defense activities to the
Commonwealth or to any political subdivision thereof, the
Commonwealth or political subdivision is hereby authorized to
accept such offer, and the State Council of Civil Defense shall
have power and its duties shall be to adopt, promulgate and
enforce rules, regulations and orders for the use of such
equipment, supplies, materials and funds subject to the terms of
the offer and subject also to the rules and regulations of the
Federal agency making the offer.
(6 amended Mar. 19, 1951, P.L.37, No.5)
Section 7. Neither the Commonwealth or any political
subdivision thereof nor their agents or representatives nor any
member of a municipal or volunteer agency nor any individual,
partnership, association, corporation, trustee, receiver, or any
of the agents thereof, in good faith carrying out, complying
with or attempting to comply with any law or duly promulgated
rule, regulation or order relating to blackouts, air raid drills
or other activities connected with the protection of the civil
population from air raids or enemy attacks shall be liable for
any injury or death to persons or damage to property as the
result of such activity. The foregoing shall not affect the
right of any person to receive benefits to which he might
otherwise be entitled under the Workmen's Compensation Law, any
pension law, nor the right of any member of a volunteer agency
to receive any benefits or compensation under any act of
Congress.
Section 8. The provisions of this act and rules, regulations
and orders adopted and promulgated under the provisions of this
act shall be enforced by the State Council of Civil Defense,
local and district Councils of Civil Defense, political
subdivisions and municipal and volunteer agencies. Subject to
limitations contained in rules, regulations and orders of the
State Council of Civil Defense, members of volunteer agencies
shall have the powers of peace officers for the purpose of
enforcing rules, regulations and orders adopted and promulgated
for the purpose of enforcing this act: Provided, however, That
such powers shall not be exercised or performed by them except
while they are on active duty and displaying an authorized
identifying badge or other insignia during an air raid drill or
attack.
(8 amended Mar. 19, 1951, P.L.37, No.5)
Section 9. Any person violating any of the provisions of
this act or any of the rules, regulations and orders adopted and
promulgated under this act by the State Council of Civil Defense
or any local or district Council of Civil Defense, or who shall
fail to comply with any instructions lawfully given by any
member of a municipal or volunteer agency or any person who
shall without authority wear or display any official insignia
authorized by the State Council of Civil Defense or a local or
district Council of Civil Defense for use by members of any
municipal or volunteer agency shall, upon conviction thereof in
a summary proceeding, be sentenced to pay a fine of not
exceeding two hundred dollars ($200), or imprisonment not
exceeding ninety (90) days, or both. All fines recovered under
the provisions of this section shall be paid to the treasurer of
the municipality or township in which the offense was committed
for the use of such municipality or township.
(9 amended Mar. 19, 1951, P.L.37, No.5)
Section 10. Whoever shall knowingly and wilfully utter any
false air raid alarm signal or warning or who shall simulate any
official air raid signal or warning or shall wilfully break,
injure or remove any mechanical warning or signal device used
therefor shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding one
thousand dollars ($1,000), or imprisonment for a term not
exceeding two (2) years, or both: Provided, however, That any
air raid alarm signal or warning uttered by any person in
connection with any duly authorized air raid drill or practice
blackout shall not be deemed to be a false air raid alarm signal
or warning within the meaning of this section.
Section 11. This act shall become effective immediately upon
its final enactment and shall continue in full force and effect
during the continuance of a state of war between the United
States and any foreign country.
(11 amended Mar. 19, 1951, P.L.37, No.5)
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