The codification of a complete body of ordinances for York County, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, Articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
115, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of York County, which shall be known and is hereby designated as Part I of the "York County Code," hereinafter referred to as the "Code."
The provisions of Part I of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. 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 Part I of the Code, is hereby reenacted and reaffirmed as it appears in said Part I of the Code. Only such provisions of former ordinances as are omitted from Part I of this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of Part I of this Code, as provided in §
1-15 below.
All ordinances or parts of ordinances of a general and permanent nature, adopted by York County and in force on the date of the adoption of Part I of this Code and not contained in the Code, are hereby repealed as of the effective date given in §
1-15 below, except as hereinafter provided.
The adoption of Part I of this Code and the repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to §
1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. Any
ordinance adopted subsequent to March 29, 1995.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the county prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability or any cause of action acquired or existing.
C. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the county
or any penalty, punishment or forfeiture which may result therefrom.
D. Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the county.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the county or any lawful contract, obligation or agreement.
F. Any
ordinance appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the county or other instruments or evidence
of the county's indebtedness.
G. Any
ordinance adopting an annual budget or establishing an annual tax
rate.
H. Any
ordinance providing for the levy, imposition or collection of special
taxes, assessments or charges.
I. Any
ordinance authorizing the purchase, sale, lease or transfer of property
or acquiring property by acceptance of deed, condemnation or exercise
of eminent domain.
J. Any
ordinance annexing land to the county.
K. Any
ordinance providing for requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L. Any
ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways.
M. Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof; providing for a system of
sewers or water supply lines; or providing for the construction, extension,
dedication, acceptance or abandonment of any part of a system of sewers
or water supply lines.
N. Any
ordinance providing for the making of public improvements.
O. Any
ordinance providing for the salaries and compensation of officers
and employees of the county or setting the bond of any officer or
employee.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of Part I of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in Part I of the Code until printed supplements are included.
In interpreting and applying the provisions of Part I of the
Code, they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where the provisions of Part I of the Code impose greater restrictions
or requirements than those of any statute, other ordinance, resolution
or regulation, the provisions of Part I 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.
Three copies of the Code in a post-bound volume shall be filed
with the Ordinance Book 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 Part I 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 incorporated into Part I of such Code so
that reference to Part I of the Code shall be understood and intended
to include such changes. Whenever such additions, deletions, amendments
or supplements to Part I of the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
post-bound book containing 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 the Code required to be filed in the
office of the Administrator/Chief Clerk for the use of the public.
All changes in said Code and all ordinances adopted by the Board of
Commissioners subsequent to the effective date 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 ordinances are printed as supplements to
said Code books, at which time such supplements shall be inserted
therein.
The Administrator/Chief Clerk, pursuant to the law, shall cause
to be published in the manner required a notice of the introduction
and of the adoption of Part I of the Code in a newspaper of general
circulation in the county. The enactment and application of this ordinance,
coupled with the publication of the notices of introduction and adoption,
as required by law, and the availability of copies of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of Part I of the Code
for all purposes.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with 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 ordinance 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 ordinance and of Part I 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 ordinance and Part I 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 ordinance and of Part I of the Code shall
take effect immediately.