[HISTORY: Adopted by the Board of Commissioners of York County:
Art. I, 2-25-1987 as Ord. No. 87-1; Art. II, 8-26-1992 as Ord. No. 92-1. Amendments noted where applicable.]
[Adopted 2-25-1987 as Ord. No. 87-1]
A.
Whereas the County Commissioners of the County of York, Pennsylvania,
have commissioned and caused to be made a bridge inventory and inspection
by C. S. Davidson, Inc., Consulting Engineers;
B.
Whereas the aforesaid consulting engineers have recommended that
maximum weight limits be established for various bridges owned and
maintained by the County of York, Pennsylvania;
C.
Whereas § 4902 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 4902, as amended, authorizes local authorities to impose
restrictions as to the weight or size of vehicles operated upon any
highways and bridges under their jurisdiction whenever such local
authorities shall determine that any such highway or bridge may be
damaged or destroyed unless the permissible size or weight of vehicles
is reduced; and
D.
Whereas the County Commissioners of the County of York, Pennsylvania,
have determined that the various bridges hereinafter mentioned will
be damaged or destroyed unless the permissible weight of vehicles
is reduced, all of said bridges being under the jurisdiction of the
County of York, Pennsylvania.
Except as provided in § 115-3 of this Article, it shall be unlawful for any person to operate any motor vehicle, commercial vehicle or other tractor, trailer or tractor-trailer combination having a gross weight in excess of that herein respectively prescribed upon any of the bridges or portions thereof described in the attached resolution,[1] and such resolution may be revised from time to time in accordance with § 115-7 herein.
[1]
Editor's Note: The resolution establishing maximum weight
limits on various bridges in the county, as amended, is on file in
the office of the County Engineer.
The prohibitions and penalties of this Article shall not apply
to emergency vehicles when such emergency vehicles are actually responding
to an emergency but shall apply when such emergency vehicles are returning
from an emergency call or are engaged in routine driving, maintenance
or parade exercises. An emergency vehicle shall consist of any vehicle
as so defined in § 102 of the Pennsylvania Vehicle Code,
75 Pa.C.S.A. § 102, and shall also include any vehicle under
the jurisdiction of the Emergency Management Director of the County
of York. An emergency shall consist of any threat or danger or reported
threat or danger to the life, property, health or safety of any person.
Penalties for violation of this Article shall be as set forth
in § 4902(g)(1) of the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 4902(g)(1), as amended, or as shall be set forth in any
amendment thereto or successor legislation enacted by the General
Assembly of the Commonwealth of Pennsylvania.
All fines, penalties and forfeitures imposed and collected under
this Article shall be disposed of by the collecting authority in the
manner prescribed by the laws of the Commonwealth of Pennsylvania;
provided, however, that in any case in which a prosecution under this
Article is the result of local police action, the collecting authority
shall transmit to the municipality employing such police officer or
officers 50% of any fine, penalty and/or forfeiture collected and
shall transmit to the Treasurer of the County of York the balance
of any such fine, penalty and/or forfeiture.
The Chief Clerk of the County of York shall erect or cause or
be erected and shall maintain or cause to be maintained such restriction
signs, including, if necessary, any advance informational signs, as
shall be required to effectuate the enforcement of this Article under
applicable provisions of the Pennsylvania Vehicle Code and any other
laws of the Commonwealth of Pennsylvania.
A.
The Chief Clerk of the County of York is hereby declared to be the
public official authorized to act, pursuant to the provisions of § 6109(b)(2)
of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 6109(b)(2),
on the following specified matters:
(2)
He shall have the authority to establish and, once established, to increase or to decrease the gross weight limits as to any bridge which may now or hereafter be owned by or be under the jurisdiction of the County of York, notwithstanding that such bridge is not enumerated in § 115-2 of this Article.
B.
In exercising his powers and duties under this section, the Chief
Clerk of the County of York shall rely upon his own professional expertise
and shall obtain the advice and recommendations of such consulting
engineers, if any, as he shall deem appropriate. He shall prepare
a resolution[1] for adoption by the County of York setting forth any new or modified gross weight limits, and he shall cause such new or modified gross weight limits to be posted as set forth in § 115-6 of this Article.
[1]
Editor's Note: The resolution establishing maximum weight
limits on various bridges in the county, as amended, is on file in
the office of the County Engineer.
In the event that § 115-7 of this Article shall be found by any court of competent jurisdiction to constitute a delegation of power and authority by the County Commissioners of the County of York which is in excess of that authorized by the Pennsylvania Vehicle Code or other applicable provisions of state law, the remainder of this Article shall not be held to be invalid, and said § 115-7 shall be considered to be severable, it being expressly declared that the County Commissioners of the County of York would have adopted the remaining provisions of this Article notwithstanding any possible invalidity of § 115-7 hereof. In the event that the Chief Clerk of the County of York shall have exercised his authority under § 115-7A(1) of this Article to decrease any gross weight limit set forth in § 115-2 of this Article and § 115-7 of this Article shall be found by any court of competent jurisdiction to constitute a delegation of authority in excess of that authorized by the Pennsylvania Vehicle Code or other applicable provisions of state law, the gross weight limit for any such bridge enumerated in § 115-2 of this Article, the gross weight limit of which the Chief Clerk of the County of York shall have decreased, shall be the gross weight limit as so set forth in § 115-2 of this Article, and, in such case, any defendant shall remain liable for prosecution to the extent that the gross weight of his vehicle shall have exceeded such gross weight limit as so set forth in § 115-2 of this Article.
Pursuant to the applicable provisions of the Pennsylvania Vehicle
Code, as now set forth in 75 Pa.C.S.A. § 4902(c), the Chief
Clerk of the County of York shall have the authority to issue permits
for the movement of vehicles of weight in excess of the restrictions
provided for by this Article for bridges now or hereafter owned by
the County of York. No such permit shall be issued unless and until
the applicant for such permit provides such security as the Chief
Clerk deems necessary to cover the cost of repairs and restoration
necessitated by the permitted movement of such vehicles over said
bridges. In addition to such security, the applicant for such permit
shall also agree to indemnify and save harmless the county against
any and all claims which may be asserted against the county for any
personal injury or property damage which may arise out of the movement
of such vehicles over said bridges.
[Adopted 8-26-1992 as Ord. No. 92-1]
A.
Whereas the York County Commissioners have assigned certain specific
parking spaces on county property for the use of designated officials,
employees, tenants and visitors conducting business in county facilities;
and
B.
Whereas unauthorized persons have ignored these restrictions by occupying
such spaces without authorization or permission, thereby causing a
loss of work time or efficiency on the part of the designated employee,
official or tenant and limiting access to designated parking areas
for visitors conducting business in county facilities.
The York County Board of Commissioners, or its appointed agents,
from time to time, may restrict parking on county property and specifically
restrict certain parking spaces on county property for the exclusive
parking of vehicles of officials, employees, tenants and visitors
conducting business in county facilities. This section shall apply
whether said spaces are designated individually or in groups.
The restriction on such parking shall continue 24 hours every
day, including holidays and weekends, unless otherwise approved by
action of said Commissioners.
Any person who completely or partially blocks any such restricted
parking shall be guilty of violating this Article and shall be subject
to paying a fine, as hereinafter set forth.
A.
Any person who violates the terms of this Article shall pay a fine
of $15 per space so blocked for each day, or fraction thereof, that
such violation occurs. If such fines are not paid to the County Treasurer
within five days after notice of such violation, the fine shall be
increased to $20 per space per day, beginning with the first day of
violation.
B.
If fines are not paid within 30 days after initial notice of violation,
the matter shall be referred to a District Justice for collection.
