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File #: 2009-1707    Version:
Type: Ordinance Status: Defeated
File created: 8/24/2009 In control: Committee on Public Safety Services
On agenda: Final action: 9/15/2009
Enactment date: Enactment #:
Effective date:    
Title: Ordinance amending the Pittsburgh City Code, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 601: Public Order, by adding Section 601.19, titled "Concealing Identity."
Indexes: PGH. CODE ORDINANCES TITLE 06 - CONDUCT
Attachments: 1. 2009-1707.doc, 2. 2009-1707 Version 2.doc
Presenter
Presented by Mr. Kraus

Title
Ordinance amending the Pittsburgh City Code, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 601: Public Order, by adding Section 601.19, titled "Concealing Identity."

Body
WHEREAS, the City of Pittsburgh is committed to ensuring the safety of its residents by providing laws aimed at protecting public order; and

WHEREAS, the concealment of a person's identity through use of a hood, mask, or other similar identity-concealing device for the purpose of aiding the commission of unlawful activity is a non-communicative act; and

WHEREAS, this Ordinance will further the important governmental interests of deterring violence and facilitating the apprehension of wrong-doers who seek to hide their identities during the commission of unlawful activities; and

WHEREAS, this Ordinance is not intended to limit: 1) the right to wear masks during protests, rallies, parades, or other legal expressive activities; 2) freedom of association; or 3) one's right to otherwise engage in anonymous speech as protected by the United States Constitution; and

WHEREAS, by enacting this Ordinance, the City of Pittsburgh also does not intend to prohibit the wearing of hoods, masks, or other identity-concealing devices for emergency drills, holiday observances, theatrical productions, religious, safety, medical reasons, or for any reason other than to conceal one's identity while engaging in unlawful activity with the intent of avoiding identification; and

WHEREAS, the City of Pittsburgh seeks to further the aforementioned interests through the enactment of a content-neutral ordinance that prohibits the wearing of hoods, masks, or other identity-concealing devices only when worn with the specific intent of avoiding identification during the commission of unlawful activity.

Be it resolved by the Council of the City of Pittsburgh as follows:

Section 1. The Pittsburgh City Code is hereby amended by a...

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