[HISTORY: Adopted by the Board of Commissioners of York County 5-18-1988 as Ord. No.
88-1. Amendments noted where applicable.]
A.
Whereas, pursuant to the County Code, Act of August 9, 1955, P.L.
323, § 202, 16 P.S. § 202, a county has the power
to acquire and hold real property for the best interests of the county;
B.
Whereas, pursuant to the County Code, Act of August 9, 1955, P.L.
323, § 509, 16 P.S. § 509, the Board of Commissioners
of a county may adopt an ordinance prescribing the manner in which
powers of the county shall be carried out and generally regulating
the affairs of the county and the Board of Commissioners may provide
for a noncriminal fine or penalty as well as for summary criminal
sentence upon violation of such an ordinance;
C.
Whereas the County of York holds the premises known as the "York
County Courthouse," City of York, County of York, Pennsylvania, for
the best interests of the county, including court proceedings involving
any person who is under arrest or otherwise in the custody of the
Sheriff of York County; and[1]
D.
Whereas the Board of Commissioners of York County has determined
that the best interests and the safety of the people of York County
require that the Sheriff shall be granted exclusive use of the elevators
at the York County Courthouse at times necessary to transport or deliver
to or from court proceedings any person who is under arrest or otherwise
in the custody of the Sheriff's Office.
A.
The Sheriff of York County, or any deputy sheriff, is hereby authorized
to obtain exclusive use of any elevator in the York County Courthouse
for the purpose of transporting or delivering to or from court proceedings
any person or persons under arrest or otherwise in the custody of
the Office of the Sheriff of York County.
B.
The authority to obtain exclusive use of any elevator in the York
County Courthouse shall include the authority to prevent any other
person from entering the elevator and shall include the authority
to require any other person to leave the elevator upon request or
direction and shall include the authority to remove any other person
from any such elevator and thereafter to detain such person in order
to obtain the exclusive use of any elevator granted hereunder.
A.
Any person who willfully fails or refuses to comply with a request
or direction whereby the Sheriff of York County or any deputy sheriff
seeks to obtain, pursuant hereto, exclusive use of any elevator in
the York County Courthouse or willfully interferes with the exclusive
use of any elevator granted hereunder shall be in violation of this
chapter and may be sued for a penalty of $600, which penalty may be
collected by suit, brought in the name of the County of York, in like
manner as debts of like amount may be sued for.
B.
Any person who willfully fails or refuses to comply with a request
or direction whereby the Sheriff of York County or any deputy sheriff
seeks to obtain, pursuant hereto, exclusive use of any elevator in
the York County Courthouse or willfully interferes with the exclusive
use of any elevator granted hereunder shall be in violation of this
chapter and shall, upon conviction thereof at a summary proceeding,
be sentenced to pay a fine of $1,000, to be paid to the use of the
County of York, with costs of prosecution, or to be imprisoned for
not more than 10 days, or both.
