[HISTORY: Adopted by the Board of Commissioners
of York County as indicated in article histories. Amendments noted
where applicable.]
[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:
[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]
[Added 8-21-1996 by Ord. No. 1996-05]
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 8-21-1996 by Ord. No. 1996-05]
This article shall become effective immediately.
[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.
