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 adding Section 601.19, titled "Concealing Identity", which Section shall read as follows:
CHAPTER 601: PUBLIC ORDER
ยง 601.19 CONCEALING IDENTITY
(a) No person shall, with the specific intent to hide one's identity during the commission of unlawful activity, wear a mask, hood or other device or means of hiding, concealing, or covering any portion of the face for the purpose of concealing his or her identity while on public or private property in the City.
(b) No portion of this section shall be construed so as to punish constitutionally protected speech.
(c) A person who violates this section shall be guilty of a summary offense, and, if convicted, shall be fined not more than three hundred dollars ($300) and costs for each offense, and in default of payment thereof may be imprisoned for not more than thirty (30) days. Each day of a continuing violation shall constitute a separate and distinct offense.
607.20 Sunset Provision
This Ordinance is meant to serve solely in concert with the Pittsburgh Summit/G20 in the City of Pittsburgh and shall be revoked in its entirety and all of its provisions shall cease to apply as of midnight on Wednesday, September 30, 2009.