The Proclamation provides no specific penalties. However, the enabling statutes and regulations upon which the Proclamation is predicated do provide for certain penalties. For example, the “Disease Prevention and Control Act,” cited by the DPH as the legal authority under which it is acting for issuing this shutdown, provides:
“..for each offense, upon conviction thereof in a summary proceeding before any magistrate, alderman or justice of the peace in the county wherein the offense was committed, be sentenced to pay a fine of not less than twenty-five dollars ($ 25) and not more than three hundred dollars ($ 300), together with costs, and in default of payment of the fine and costs, to be imprisoned in the county jail for a period not to exceed thirty (30) days.” 35 P.S. § 521.20; 28 Pa. Code § 27.8.
Upon being issued a notice of violation, you will be given certain due process to contest the violation or pay it.
There is also precedent in the Commonwealth of Pennsylvania upholding the arrest and conviction of those who violate the directives of a lawfully issued “emergency proclamation” such as Governor’s “Emergency Proclamation” that became effective on March 19, 2020 [1]
The shutdown order is being enforced by local police, local boards of health, the State Police and the regulatory agencies overseeing various industries, such as PLCB, building inspectors and others. Non-compliance could also result in action against any license issued for performance of your work and/or operation of your business.
COST IMPACTS
We have provided the below sample delay notice template, and a sample template for seeking a waiver from the shutdown if you are performing work that could be deemed “life sustaining” or otherwise important to the public health, safety and welfare.
We also suggest discussing with your insurance/risk management staff the availability of preparing a claim for submission under any business interruption insurance coverage, builder’s risk coverage or business owner policy available to you.
SAMPLE WAIVER REQUEST VIA EMAIL
SAMPLE DELAY NOTICE
[1] Convictions for violations of Philadelphia Emergency proclamation affirmed. “ Ordinance 10-819 authorizes the Mayor of Philadelphia to declare a State of Emergency within the City and to impose certain extraordinary measures to maintain public order for the duration of the emergency period. [***3] On April 5, 1968, Mayor James H. J. Tate issued a Proclamation declaring a State of Emergency and invoking some of the emergency powers authorized by the ordinance. The convictions in all of these appeals result from violation of the Proclamation’s prohibition of public gatherings in groups of 12 or more individuals.” Commonwealth v. Stotland, 214 Pa. Super. 35, 36-37 (Pa. Super. Ct. March 20, 1969)