[Adopted 12-20-1995 by Res. No. 95-20]
The codification of a complete body of resolutions, policies, regulations and bylaws for York County, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, Articles and sections by General Code Publishers Corp., and consisting of Parts II and III of the Code, Chapters 129 through 347, are hereby approved, adopted, ordained and enacted as a single resolution of York County, which shall be known and is hereby designated as Parts II and III of the "York County Code," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of resolutions, policies, regulations and bylaws in force immediately prior to the enactment of this resolution, are intended as a continuation of such resolutions, policies, regulations and bylaws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior resolutions, policies, regulations and bylaws. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Commissioners of York County, and it is the intention of said Board of Commissioners that each such provision contained within Parts II and III of the Code is hereby reenacted and reaffirmed as it appears in said Code. Only changed provisions, as described in § 1-20 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-28 below.
All resolutions, policies, regulations and bylaws of a general and permanent nature adopted subsequent to June 28, 1995 and/or prior to the date of adoption of this resolution are hereby deemed to be a part of Parts II and III of the Code and shall, upon being printed, be included therein. Attested copies of all such resolutions, policies, regulations and bylaws shall be temporarily placed in the Code until printed supplements are included.
A. 
All county agencies that have in place written policies and regulations governing its activities may continue as heretofore.
B. 
Any changes in policies or regulations that are desired by any county agency shall be submitted in writing to the County Commissioners for review and comment by the Commissioners and the County Solicitor.
C. 
Such changes, as may be agreed upon by the County Commissioners, shall be adopted either by ordinance or resolution, as determined by the County Solicitor. Any change in policy or regulation that increases or reduces the agency's budgetary requirements shall be accomplished by ordinance, duly advertised and adopted in the manner prescribed by law.
A. 
Nonsubstantive grammatical changes. In compiling and preparing the resolutions, policies and regulations and bylaws of the county for adoption and revision as part of Parts II and III of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said resolutions, policies, regulations and bylaws. It is the intention of the Board of Commissioners that all such changes be adopted as part of Parts II and III of the Code as if the resolutions, policies, regulations and bylaws so changed had been previously formally amended to read as such.
B. 
Substantive changes and revisions. In addition to the changes and revisions described above, it is understood and intended that substantive changes have been made to various resolutions, policies, regulations and bylaws included in Parts II and III of the Code. These changes are made to bring provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the resolutions, policies, regulations and bylaws so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-28.
In interpreting and applying the provisions of Parts II and III of the Code, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of Parts II and III of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.
A. 
Chapter and Article titles, headings and titles of sections and other divisions in Parts II and III of the Code or in supplements made to Parts II and III of the Code are inserted in the Code and may be inserted in supplements to Parts II and III of the Code for the convenience of persons using Parts II and III of the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in Parts II and III of the Code and may be inserted in supplements to Parts II and III of the Code for the convenience of persons using Parts II and III of the Code and are not part of the legislation.
Three copies of Parts II and III of the Code in a post-bound volume, shall be filed in the office of the Administrator/Chief Clerk and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Administrator/Chief Clerk, as provided by law, and such certified copies shall remain on file in the office of the Administrator/Chief Clerk, available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to Parts II and III of the Code, when passed and adopted in such form as to indicate the intention of the Board of Commissioners to be a part thereof, shall be deemed to be incorporated into Parts II and III of such Code so that reference to Parts II and III of the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to Parts II and III of the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing Parts II and III of said Code as amendments and supplements thereto.
It shall be the duty of the Administrator/Chief Clerk or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing Parts II and III of the Code required to be filed in the office of the Administrator/Chief Clerk for the use of the public. All changes in Parts II and III of said Code and all resolutions, policies, regulations and bylaws adopted by the Board of Commissioners subsequent to the effective date of Parts II and III of this codification which the Board of Commissioners shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new resolutions, policies, regulations and bylaws are printed as supplements to said Code books, at which time such supplements shall be inserted therein.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with Parts II and III of the Code or any part or portion thereof, in any manner whatsoever, which will cause the law of the county to be misrepresented thereby. Anyone violating this section of this resolution shall, upon conviction thereof, be punished by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by imprisonment for a term not exceeding 30 days.
The provisions of this resolution and of Parts II and III of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, Article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, Article, chapter or part thereof rendered. It is hereby declared to be the intent of the Board of Commissioners that this resolution and Parts II and III of the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, Article, chapter or part thereof had not been included therein.
All provisions of this resolution and of Parts II and III of the Code shall take effect immediately.