[HISTORY: Adopted by the Board of Commissioners of York County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sheriff's use of elevator — See Ch. 31.
Parks and recreation — See Ch. 75.
Use of county property — See Ch. 169.
Safety policies — See Ch. 295.
Security — See Ch. 301.
Smoke-free workplace — See Ch. 307.
Solicitation in county buildings — See Ch. 311.
Stair Trac — See Ch. 317.
ATTACHMENTS
Attachment 1 - Application for York County Identification Badge
[Adopted 7-27-1994 by Ord. No. 94-4]
[Amended 12-20-1995 by Ord. No. 95-10]
The public county buildings designated by the York County Commissioners as controlled entry or as buildings having prohibited areas of access are the York County Courthouse, County Government Center, Government Center Satellite, York County Hospital and Home, the Annex (county department buildings), York County Prison, Youth Development Center, fourth floor of the building located at One West Marketway, Cross-Mill historical site, all park buildings at the impounding dam and such other buildings as the Commissioners may add and all other buildings owned or leased by the County of York that are properly marked as having controlled entry or prohibited areas of access.
[Amended 12-20-1995 by Ord. No. 95-10]
A. 
The Commissioners of York County acknowledge the need to establish entry procedures that will provide additional security for the persons using public buildings or property within the county. Any security procedure established at the York County Courthouse shall be coordinated with the President Judge of York County, who shall receive notice and an opportunity to provide information concerning improvements to the contemplated security system or, from time to time, to improve the existing system.
B. 
Security procedures may vary in different county buildings or property and may include limited secured entry, which requires a search of persons entering the building or buildings having prohibited areas of access to members of the public. In these buildings, members of the public may not visit the portions of the building that are designated as "restricted" or of "limited, authorized access." All restricted or prohibited areas in such public buildings shall be marked, where practicable. Oral restrictions may be imposed by authorized county employees or officials. Anyone disobeying an oral request to leave a portion or area of a public building shall be in violation of this Article.
[Amended 12-20-1995 by Ord. No. 95-10]
The Sheriff of York County shall manage security for all York County buildings unless otherwise designated by the York County Board of Commissioners.
[Amended 8-21-1996 by Ord. No. 1996-05]
All persons, even those with passes or appropriate credentials, may be subject to search of the person by electronic means and search of all packages and carry-in items. The Sheriff may establish spot-checking procedures for those persons holding official ID cards as he shall deem appropriate.
[Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.]
Any person who shall refuse to be searched prior to entry into a public building of controlled entry or who shall go into an unauthorized area or enter through an entry which is not authorized in any county building or who shall disobey an oral request to leave a restricted part of county buildings or property is guilty of a summary offense and shall be, upon conviction thereof, fined not less than $50 nor more than $1,000 for the first offense before the District Justice having jurisdiction of the matter. For second offenses, the fine shall be not less than $300 nor more than $1,000 before the District Justice having jurisdiction of the matter. For third and subsequent offenses, the fine shall be not less than $500 nor more than $1,000 and imprisonment up to 90 days before the District Justice having jurisdiction of the matter. If a person refuses to be searched, he shall be permitted, without any restraint, to leave the building, unless there is probable cause to believe that a crime is in progress or that the person has on his person contraband or concealed items, the possession of which constitutes a crime under the laws of the Commonwealth of Pennsylvania.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
No person shall enter any county building, unless otherwise exempted hereby, with any of the following items:
(1) 
Explosives or explosive devices.
(2) 
Firearms of any type, handheld rifles or shotguns.
(3) 
Gas- or spring-activated BB or pellet guns.
(4) 
Any prohibited offensive weapon and/or dangerous weapon as defined by the Pennsylvania Crimes Code.
(5) 
Such other items or devices as may be determined by the Sheriff of York County to represent a danger to any person in a public building.
B. 
Exemptions.
(1) 
Law enforcement officers on duty shall be permitted to carry with them any weapons issued to them or carried routinely in the performance of their duties as law enforcement officers. Also, certain personal defensive weapons such as small tear gas, pepper mace or electronic stun devices may be carried by certain County employees and members of the bar association after hours, if such devices are approved by the Sheriff of York County.
(2) 
Notwithstanding any of the foregoing, the Court of York County is acknowledged as having inherent power over control of the courtroom and the courtroom environs. The Court of Common Pleas has established the following policy which may be changed from time to time concerning police officers:
(a) 
Police officers shall not wear visible firearms in a courtroom. Concealed firearms may be worn by a police officer if so worn incident to his regular duties.
(b) 
Police officers shall not appear in uniform as a witness at trial unless at the time they report to the courtroom for testifying they are on duty and have just come from duty or after testifying will report to duty. Under these circumstances, a police officer is not expected to have to change his clothes so as not to appear in uniform.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Procedures for police officers.
(1) 
Police officers who are not on duty when appearing at the York County Courthouse for actual court appearance must surrender firearms. Police officers on duty shall comply with Court of Common Pleas orders that deal with dress or firearms.
(2) 
Police officers appearing at the York County Courthouse on routine business other than court appearance may retain their weapons for short-duration visits if the Sheriff approves of the retention. Security monitors will be advised by the police officer relative to destination.
B. 
Lockers for firearms. Firearms lockers are located at the entrances of the Courthouse for the use of police personnel, employees and members of the public.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
The Board of County Commissioners does hereby direct that all county employees and staff will wear bar-coded identification badges in such form as shall be determined by the County Director of Human Resources in all departments at all times when on duty and/or in a county building. This includes elected and appointed officials.
B. 
Disciplinary measures. Should any employee refuse to wear the bar-coded identification badge, that individual may be charged with insubordination and be subject to appropriate disciplinary action, including violation of this article. It is acknowledged that the Court of Common Pleas has exclusive control of the courtroom and the courtroom environs and may adopt or refuse to adopt the applicability of the requirement of name tags in the courtroom or the courtroom environs.
[Added 8-21-1996 by Ord. No. 1996-05]
The York County Commissioners, at the request of the York County Sheriff, to assure proper security in the York County Courthouse and other county buildings, hereby adopt the following rules and regulations:
A. 
The Sheriff of York County shall establish a security unit for the York County Courthouse and other designated county buildings. These regulations shall apply to all county personnel, including appointed and elected officials, and all persons who enter county buildings, unless expressly exempted.
B. 
Disciplinary action. All employees shall abide by these rules and regulations. Employees who violate these rules and regulations shall be subject to disciplinary action which may include dismissal. In addition, employees and all other persons will be subject to the penalties provided herein.
C. 
The intent of these regulations shall be to provide a safe work environment for employees and a safe place for members of the public to visit and receive the service provided in such public building by the county.
D. 
Identification badges.
(1) 
All staff within the County Government Center and the County Courthouse initially will be issued bar-coded identification badges which will include photo ID, name and other relevant information as may be needed for security and payroll processing under the county time and attendance system.
(2) 
All employees issued identification badges shall be required to display such badges on the person at all times while in any county government facility.
(3) 
The badges issued shall also provide ingress and egress when in the facilities monitored by the installed security devices. Employees and any other person using a personal bar-coded identification badge to allow other individuals or employees to gain access to, or egress from, county facilities will be subject to immediate dismissal or prosecution for violation of this article.
(4) 
County identification badges shall not be transferable and must be surrendered to the County Personnel Department prior to leaving government employment for any reason.
(5) 
Personnel failing to surrender their identification badges prior to or at the time of termination of employment shall be subject to an administrative and material assessment charge of $10 for the badge, which must be paid prior to receiving their final paycheck.
(6) 
Badges lost or misplaced by employees must be reported to the County Personnel Department immediately, and individuals losing or misplacing a badge for the second time shall be assessed the administrative and material charge of $10 prior to being issued a new badge.
(7) 
Identification badges will be color coded and coordinated in order to allow employees access into those facilities that are necessary to conduct their business transactions.
E. 
Hours of operation for metal detectors and security monitors.
(1) 
The normal hours of operation for the metal detectors and security monitors in the County Government Center and the Courthouse shall be determined on an as-needed basis. Badges must be visibly worn by all County personnel. If it is necessary to be in the building after normal working hours, everyone shall be required to sign in and out on an after hours docket at the designated area.
(2) 
During normal working hours, employees shall be required to pass through the metal detector system upon entering a building not authorized by their identification badges.
F. 
Employees to use identification badges to enter and exit facilities.
(1) 
All employees and staff shall utilize their identification badges when first entering the building.
(2) 
In the event that employees/staff misplace, lose or forget their identification badges, when reporting to work they will be required to inform the security monitor of the circumstances, and the monitors shall then call the department supervisor to verify authorization for admittance to the government facility.
G. 
Visitors must proceed through the metal detectors or other security devices approved by the Sheriff when entering a county building.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Employees; appointed and elected officials. All county employees, appointed and elected officials shall be issued a bar-coded identification badge. Such individuals shall comply with all work conditions, rules and regulations promulgated by the county.
B. 
Members of the York County Bar Association. Members of the York County Bar Association shall be issued a bar-coded identification badge that will permit them to enter the Courthouse at the employee entrances. Such individuals shall be permitted to utilize after-hours use of the Courthouse for the purpose of performing legal research in the County Law Library. Members of the Bar and after-hour employees who gain access to the Courthouse with or without clearing the security facilities must agree to sign an application and agreement that contains the following language.[1]
[1]
Editor's Note: The Application for York County Identification Badge ("the following language") is located immediately following this chapter.
C. 
Jurors. (Sole control of jurors after they enter the Courthouse becomes the responsibility of the Court. This section may be modified by the Court at any time.) Jurors shall be given identification badges so that they may be conveniently recognized and managed by Courthouse personnel. Jurors shall be given specific instructions that when they come to the Courthouse to perform jury service they may not bring with them firearms, weapons or explosive devices and that they are subject to reasonable searches while they are serving on jury duty. The Sheriff and Court Administrator may establish a program that permits immediate entry of the jurors reporting for jury duty and establishing a security process in the Central Jury Room where they will be identified and processed in a manner deemed appropriate by the President Judge.
D. 
Group visitors. Group visitors must be chaperoned. If the tour guide vouches for the tour members and each has signed a security compliance agreement, entry may be accelerated past the entry portal. These groups will bypass the security system subject to the written understanding that the chaperon shall be fully responsible for keeping track of the tour members and for ensuring that there is no violation of the county firearms and explosive devices policy. These groups will be subject to pat-down or use of the magnometer if it is deemed appropriate by the security personnel on duty at any location in the building.
E. 
Members of the public. Members of the public shall be required to pass through a security check point but shall have free access to the County Courthouse and other county buildings without the need to be supplied with a specific identification badge. Members of the public, however, shall not enter any portion of any public building where access has been prohibited.
F. 
Minimal attire requirements. All persons entering the Courthouse shall be appropriately dressed. Persons seeking entry to the Courthouse with bare feet and/or bare chests will be denied access.
G. 
Animals to be denied entry. Except for Seeing Eye Dogs, visitors may not bring animals of any kind into the Courthouse or other county buildings.
H. 
Other prohibited items. Except for disabled persons who use a scooter or self-propelled vehicle to transport themselves, no person, unless authorized, in writing, by the Sheriff, shall bring any of the following items into the Courthouse or other county buildings:
(1) 
Bicycles.
(2) 
Roller skates.
(3) 
Skateboards.
(4) 
Roller blades.
(5) 
Scooters.
(6) 
Wagons.
(7) 
Shopping carts.
[Added 8-21-1996 by Ord. No. 1996-05]
If any person shall violate any of the specific conditions established for individuals who have a bar-coded identification badge that allows entry into the Courthouse and shall be found guilty of the violation in a summary proceeding, such person may be, upon conviction thereof, fined not less than $50 nor more than $500, or imprisoned up to 90 days, or both, by the District Justice having jurisdiction of the matter. In addition, there shall be an automatic two year loss of use of the access badge for an aggravated violation. Aggravated violation shall include carrying any firearm or explosive device into the Courthouse and failing to cooperate with the security authorities or a second specific violation of any of the conditions of entry.
[Added 8-21-1996 by Ord. No. 1996-05]
Under the Americans With Disabilities Act (ADA), pathways will be provided for individuals who need an accessible route adjacent to the fixed security device. Further accommodations will be provided on a regular basis or when deemed necessary by calling the county's ADA coordinator.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Accommodations to be provided. In accordance with the Americans With Disabilities Act (ADA), accommodations must be made to allow access into facilities with fixed security stations for individuals with disabilities.
(1) 
Each of the facilities that have security stations (a metal detector and a monitor/guard) must have a security station at the accessible entrances. The stations at the accessible entrances must have the same machinery and items that are used in the nonaccessible entrances with the addition of a wand. The Courthouse's accessible entrance is Mason Avenue and the Government Center's accessible entrance is on Beaver Street. Other accessible entrances will be added as security is expanded.
(2) 
These accessible entrances will have the proper signs (the proper signs must comply with the ADA guidelines) designating these entrances.
(3) 
Accessible routes will be provided to allow individuals with disabilities, who could not enter through the security stations, access. These routes will be adjacent to the security stations.
(4) 
Individuals using the accessible routes will be screened by the security monitor/guard using a wand. This will allow accessibility into the buildings and security screenings to occur on everyone entering the facility.
(5) 
The accessible path of travel must allow an individual with a disability to be in view of his/her personal belongings to the same extent as a person without a disability.
(6) 
If an individual with a disability enters a facility with a security station, the security monitor/guard at that post will document the department/office that the individual is going to visit. This will help the county locate individuals who might need assistance with evacuating the facility if an emergency occurs. The security monitor/guard will document this information when the designated visitor's badge is given to the individual.
(7) 
When the individual seeks to leave the Courthouse, the security monitor/guard will record the individual's departure from the facility. In this way the facility can keep an accurate record of how many individuals who might need assistance in an emergency situation are in the building.
(8) 
An individual with a disability who is employed with a department/office in the secured facilities
B. 
Purpose. The implementation of these guidelines is to allow travel throughout the county facilities and to assure the safety and well-being of all individuals who use these designated facilities.
[Added 8-21-1996 by Ord. No. 1996-05]
Security shall be advised that all County Judges are to have evening and weekend access to the Courthouse as the Judges wish, upon positive identification by exhibition of appropriate ID badges. Judges and their employees shall be required to sign in on an after-hours roster so that the security personnel will know that they are present in the Courthouse. It is understood and agreed that the inherent power of the York County Court exists to control its own proceedings, the conduct of participants and the actions of officers of the Court, and the environment of the Court is a power absolutely necessary for the Court to function effectively. The Court is recognized as having inherent power over the matter, and the Court may, from time to time, adopt such written policies as it deems appropriate, which will be included in this Code under this section or an additional section that may be established for the publication of all court orders not otherwise published.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Mason Alley entrance limited. The Mason Alley entrance at the rear of the Courthouse will be limited to allowing access to employees, employee family members, authorized attorneys, clients with attorneys, law enforcement officers, approved vendors, disabled persons and other persons designated by the Sheriff. All other persons must use the Market Street entrance.
B. 
Entrances for employees. There will be a security monitor on duty beginning at 7:00 a.m. who will allow employees to enter the building using the Mason Alley entrance. Employees may still use the Market Street entrances, if they desire.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Attorneys may enter through the rear employees' entrance off of Mason Avenue with the following stipulations:
(1) 
With the purchased swipe card they may enter without passing through the metal detectors, subject to periodic spot checks.
(2) 
With other identification verifying the subject as an attorney, they may enter but must pass through the metal detectors.
B. 
All others must enter through the Market Street door as a visitor.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Effective immediately, all persons needing to contact security at the Courthouse and Government Center after 5:00 p.m. weekdays and all day on weekends should:
(1) 
Contact the security guard station.
(2) 
If no answer from the security guard, use the cellular telephone numbers provided.
B. 
The guards will carry a cellular telephone with them at all times. If you call and do not get an answer, please wait a few minutes and try your call again. If the guard is in the basement of the building, the telephone signal may not be received as well as on other floors; therefore, he/she may not be able to hear the signal as clearly.
[Added 8-21-1996 by Ord. No. 1996-05]
Effective immediately, police on duty doing official interviews and/or conducting official business in the Government Center may enter the Government Center with their weapons, upon being identified and noted as armed, for the record.
[Added 8-21-1996 by Ord. No. 1996-05]
Civic use of the Courthouse on holidays, weekends and in the evenings is permitted if approved by the Sheriff, subject to the following:
A. 
An application in the form prescribed by the Sheriff shall be submitted at least 10 days before the after-hours use of the Courthouse.
B. 
A copy of the application shall be submitted to the County Chief Clerk who shall advise the Commissioners of the proposed use.
C. 
Before granting permission for after-hours use of the Courthouse, the Sheriff shall obtain approval of the Court Administrator so that permission to use the Courthouse will not conflict with Court-related activities.
D. 
The Sheriff may promulgate such regulations as deemed necessary for after-hours use security which shall be approved by the Commissioners before being put into effect.
[Added 8-21-1996 by Ord. No. 1996-05]
A. 
Visitors to be escorted after hours. Any staff personnel conducting meetings after 5:00 p.m. that require visitors within the facility must escort the visitors to the Beaver Street security desk upon leaving or make arrangements to have another county staff person escort the visitor to the Beaver Street desk upon leaving.
B. 
Display of employee identification. In order that the security personnel are able to maintain and enforce the security within the Government Center facility, all personnel must display their employee ID on an outside article of their clothing.
C. 
Firearms lockers. Firearms lockers are located at the entrances of the Government Center for police personnel, employees and members of the public.
[Added 8-21-1996 by Ord. No. 1996-05]
Any violation of this article for which no penalty is provided shall be controlled by this section. Any person who shall violate any section of this article and be found guilty of the violation in a summary proceeding before the district justice of the peace having jurisdiction of the matter may, upon conviction thereof, be fined not less than $50 nor more than $500 and imprisoned up to 90 days, or both.
[Added 8-21-1996 by Ord. No. 1996-05]
If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the York County Board of Commissioners that this article would have been adopted and would be enforceable had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
[Added 4-10-2002 by Ord. No. 2002-02]
A. 
Restricted use by individuals or groups who are likely to create clear and present danger to the public safety and welfare. During an alert of yellow or higher issued pursuant to the Homeland Advisory System by the Director of Homeland Security, and other designated times, all public buildings and other County property are closed for use by any person, group or organization whose assembly after investigation is found to create a clear and present danger to public safety and welfare.
B. 
Procedure to request use of County property. Any person who desires to congregate, assemble or use County property shall apply for permission to do so following established procedures which shall be supplemented and amended hereby. If the request is to use part or all of County property for which no procedure is established, a letter making the request, together with a check for $100, shall be mailed to the County Chief Clerk/Administrator, One West Marketway, 4th Floor, York, Pennsylvania 17401. The letter shall designate the date, time, place, purpose and number of persons who desire to use the requested County property. Such request shall be made at least 60 days prior to the desired time of use. If the applicant is affiliated with any organization or identifiable group, that affiliation shall be disclosed in the request for use; subject, nevertheless, that any person who visits County property for official purposes to obtain County services, or for sightseeing or recreational use, or any use that does not involve assembly of more than 25 persons or require reserved use of specific County property, and whose use does not and cannot be anticipated to create a clear and present danger to public safety and welfare, shall not be required to apply for permission to enter such County property as required hereunder.
C. 
Review guidelines. In making the determination of whether an applicant's use shall create a clear and present danger to public safety and welfare, the following mailers shall, whenever practical, be considered:
(1) 
The number of persons reasonably expected to attend the assembly. (If less than 25, there shall be a presumption that the group does not present a clear and present danger.)
(2) 
What information is available concerning the applicant or his or her affiliated organization shall be obtained from the Office of Homeland Security, the Pennsylvania Police Intelligence Officer, and any other available sources of information.
(3) 
Past history, with particular emphasis on whether past assemblies or meetings resulted in any damage, death or injury, arrest, prosecutions, and whether any damage or losses caused by the assemblies were met with appropriate reparation and compensation.
(4) 
Whether firearms or other weapons are likely to be possessed by persons attending the assembly.
(5) 
Whether alcoholic beverages or drugs have been used by assemblies in the past or are likely to be used by persons attending the requested assembly.
(6) 
Criminal history of the principal applicant or speakers to be present.
(7) 
The meeting involves or is likely to involve or facilitate ethnic intimidation or the encouragement of discrimination or other unlawful conduct.
(8) 
The meeting, because of known factors of volatility, may reasonably be expected to create incitement to violence or develop into a riot. Factors of volatility shall include:
(a) 
The reasonable expectation of provocative messages of challenge to fighting or combat;
(b) 
The reasonable expectation of provocative messages of hatred directed toward a class or group of persons reasonably expected to be near or at the assembly; and
(c) 
A past history where a breach of the peace or rioting occurred as a result of the assembly, including the past history of similar organizations.
(d) 
The assembly has been promoted as a call to arms or is expected to present unlawful "fighting words," "threats of violence," or advocacy of imminent lawless action.
(9) 
Whether the assembly will obstruct highways or other public thoroughfares.
(10) 
Whether the applicant is financially responsible and able to repair any damage resulting from the assembly.
(11) 
Whether disruption of the assembly is likely requiring arrests under 18 Pa.C.S.A. § 5508.
(12) 
Whether the assembly is likely to result in disorderly conduct in violation of 18 Pa.C.S.A. § 5503.
(13) 
The truthfulness of all information supplied by the applicant and whether, in the past, any untruthful or fraudulent information was included in an application requesting use of public facilities.
(14) 
Any other relevant and material fact concerning the applicant or the anticipated assembly.
(15) 
Recommendations concerning the request for approval from the County Sheriff, chief of police from the municipality where the event is thought to be scheduled, and the District Attorney for the County in which the event is to be scheduled. A recommendation from the Attorney General of Pennsylvania shall be sought if the need to request assistance from Pennsylvania State Police is anticipated.
(16) 
The totality of all the expected circumstances, including but not limited to the weather, conveniences for public use, the need for crowd management and control, and the public and private resources available for emergency response.
D. 
Standards of proof.
(1) 
The County Chief Clerk/Administrator and all persons, including the Court on appeal which considers whether the denial of permission to use County property is justified, shall not be bound by the formal rules of evidence. All relevant and material evidence shall be considered.
(2) 
If confidential evidence that involves matter of law enforcement security or national security is used, a separate sealed file shall be maintained but be subject to inspection by the Court of Common Pleas in appropriate cases.
(3) 
In times of yellow alert or higher, the County Chief Clerk/Administrator shall deny the request, if the evidence establishes the risk of permission to use public property is likely to create a clear and present danger to the public safety and welfare.
(4) 
In times of blue or green alert, the County Chief Clerk/Administrator shall deny permission if the evidence establishes that the use of such property is more likely than not to present a clear and present danger to public safety and welfare.
(5) 
In peacetime, the County Chief Clerk/Administrator shall grant the permission to use public property unless the evidence shall prove beyond a reasonable doubt that the use of County property presents a clear and present danger to public safety and welfare.
(6) 
"Clear and present danger to public safety and welfare" requires proof that:
(a) 
The requested use of County property will be reasonably expected to require the utilization of substantial numbers of police, fire and emergency personnel so that an effective response for a second and concurrent need for an emergency response such as a terrorist attack will be substantially impaired; and
(b) 
Because of the numbers of expected attendees or unique circumstances such as an assembly of "armed" attendees or other matters discovered by the review, the use may be reasonably expected to generate an incident wherein the available police and security personnel will be unable to prevent the death of or substantial injury to persons and damage to public or private property.
(7) 
Clear and present danger to public safety and welfare is not to be used as a means of suppressing a peaceable assembly when public disorder is not threatened or there is a "mere probability of a breach of the peace." There must be evidence of a clear and present danger to public safety and welfare that rises above inconvenience, annoyance or unrest.
(8) 
Lawful speech or assembly and use of public property that is open for use to other persons or groups shall not be restricted, and permission denied, when the actual threat to public safety results not from the lawful speech and/or peaceable assembly of applicants, but rather to the expected reaction of some other person, group or organization that disagrees with the exercise of the applicant's lawful expressions of free speech.
E. 
Wearing masks or otherwise obscuring or evading identification. It shall be unlawful for any person on County property or within 300 feet thereof in anticipation of or after visiting County property to wear a mask or to otherwise obscure his or her face with bandanas, hats or other item for the purpose of evading identification and possible prosecution for violation of any law, rule or regulation.
F. 
Offenses.
(1) 
It shall be unlawful to use any public building or property for meetings, assembly or any use not excluded hereunder, without first requesting and receiving permission therefor.
(2) 
Any person or group of persons who applies for permission and is declined permission to use public property, but nonetheless, in violation of that denial, enters upon public property to use the same shall be deemed a defiant trespasser within the meaning of the Pennsylvania Crimes Code and may be separately prosecuted for that crime.
(3) 
Any person who has been requested to leave a public property by a law enforcement officer or other authorized agent of the County Commissioners, and who shall refuse to do so, shall be deemed a defiant trespasser and be subject to prosecution therefor, and also be in violation of this section and subject to the penalties provided hereafter.
(4) 
It shall be unlawful to violate any provision of this section.
G. 
Rights of appeal. Any person who is aggrieved by the decision of the County Chief Clerk/Administrator shall have the right, within 10 days, to appeal the decision to the Court of Common Pleas. The appeal shall be filed within 10 days of the notice of denial of permission to use County property and shall delineate the reasons for the appeal. The Court shall endeavor to schedule a hearing within 10 days of the date of the appeal. The Court shall, after hearing, deny the appeal, grant the appeal or grant the appeal with conditions appropriate to the circumstances.
H. 
Time limits. Any person requesting the use of County property shall file the request at least 60 days prior to the time the property is sought to be used. The County Chief Clerk/Administrator, or designee, shall answer the request for permission to use County property within 30 days of the receipt of the application. If the request is denied, the denial shall be in writing and shall designate the reasons for denial. The denial shall be sent by ordinary mail to the address set forth in the application for use, and by FAX or e-mail, if noted on the application.
I. 
Penalties. Any person who shall violate this section shall be guilty of a summary offense and shall, upon conviction thereof, be sentenced to pay a fine of not less than $500, nor more than $1,000 for the use of the County, to pay the costs of prosecution and be imprisoned for not more than 10 days, or both.
J. 
Severability. The provisions of this section shall be considered severable, and if any clause, sentence, subsection or section shall be adjudged by any court of common jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair, or invalidate the remainder of the section, but shall be confined in its operation and application to the clause, sentence, subsection or part thereof rendered invalid or unconstitutional.
K. 
When effective. All provisions of this section shall take effect immediately.