Pennsylvania Act 1942-14 (session 1) — AIR RAID PRECAUTIONS ACT - ENACTMENT

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)