Article 1 - Short title; Effect; Definitions – Code

Section 1.01 Title and purpose.

This code and all amendments hereto shall be known and cited as "Erie county administrative code." The purpose of this code is to set forth the details of administration of the Erie county government in harmony with the provisions of the Erie county charter.

Section 1.02 Effect on state laws.

Within the limits prescribed by the municipal home rule law, wherever and whenever any state law, general, special or local in effect, is inconsistent with this code, such law shall be deemed to the extent of such inconsistency to be superseded by this code. The county of Erie shall continue to have all powers, duties, rights, privileges and obligations conferred or imposed upon such county by any provision of any state law, general, special or local in effect, not inconsistent with the county charter or this code.

Section 1.03 Effect on local laws and resolutions.

Except to the extent they are inconsistent with the county charter or this code or are specifically superseded, amended or repealed thereby, all local laws and resolutions heretofore adopted by the county legislature shall continue in full force and effect until amended, superseded or repealed.

Section 1.04 Definitions.

Wherever used in this code, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

1. "County" shall mean the county of Erie.
2. "Charter" and "county charter" shall mean the Erie county charter and all amendments thereto.
3. "Code" shall mean the Erie county administrative code and all amendments thereto.
4. "County legislature" shall mean the elective legislative body of the county of Erie.
5. "Administrative unit" shall mean any department, executive division, institution, office or other agency of county government except a bureau, division, section, or other subordinate part of any of the foregoing.
6. "Administrative head" shall mean the head of any administrative unit.
7. "Authorized agency" shall mean any agency authorized by law, including but not limited to those authorized by section two hundred twenty four of the county law, to receive and expend county funds for a county purpose.
8. "Executive division" shall mean the division of the budget and the division of purchase and central services.
9. "Capital project" shall mean (1) any physical betterment, improvement or replacement or any appraisals, reports, studies, surveys, plans and specifications relative thereto, or (2) land or rights inland, or (3) any machinery, apparatus or equipment for any physical betterment or improvement, or (4) furnishings in connection with any physical betterment or improvement when such betterment or improvement is first constructed or acquired, or (5) any combination of (1), (2), (3) and (4).
10. "Majority" shall mean a majority of the whole number of the members of a board or body. For the purpose of this definition the words "whole number" shall be construed to mean the total number which the board or body would have were there no vacancies and were none of the members disqualified from acting.

Section 1.05 County seal.

1. The seal of the county of Erie shall be as follows: Within a circle with cord border, an octagonal band shall contain the words "Seal of Erie County" above, the words "State of New York" below, and fasces on the left and right.

The octagonal band shall frame a picture with curving shorelines, docks, boats, railway, elevators and industry. Diagonally across the picture there shall be a pennant with thirteen stars in upper left and five stripes extending to lower right. To the left of the pennant shall be depicted urban buildings and trees; to the right, a highway winding past rural settlements and farms to distant hills with the sun at the horizon.

2. The following design is hereby adopted as the official and standard design of county seal:

3. Such seal shall be used for all authorized and requisite purposes.

Section 1.06 County flag.

The flag of the county of Erie shall be rectangular in shape, fifty two units wide by sixty six units long. On a dark blue field fringed with gold, the county seal with a diameter of twenty units shall appear in shades of blue, green, gold, orange, red, gray and white. Above the seal, in gold letters six units high, the words "County of Erie" shall appear in a curved line. Below the seal, in gold letters four units high, the words "State of New York" shall appear in a straight line. The distance between the seal and either line of lettering and between such lettering and the top or bottom edge of the flag respectively shall be five and one half units measured vertically through the center of the seal and flag.