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Sec. 1-1. - Designation and citation of Code.#
The ordinances embraced in this and the following chapters and sections shall constitute and be designated as the "Ridgeland Code," and may be so cited.
(Code 2006, § 10.01)
Sec. 1-2. - Definitions and rules of construction.#
The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:
Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the town council may be fully carried out. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
Another. The term "another," when used to designate the owner of property which is the subject of an offense, includes not only natural persons, but also every other owner of property.
Code. Whenever the term "Code" is used, it means the "Ridgeland Code," as designated in section 1-1.
Computation of time. The time within which any act is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the state, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable: (1)
The term "and" indicates that all the connected terms, conditions, provisions or events apply.
(2)
The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(3)
The term "either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
Council. The terms "the council" or "town council" means the council of the Town of Ridgeland, South Carolina.
County. The term "county" means the County of Jasper, South Carolina.
Delegation of authority. Whenever a provision appears requiring the head of a town department or some other town officer or town employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.
Gender. Words of one gender include all other genders.
Governor. The term "governor" means the Governor of South Carolina.
Joint authority. All terms giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Keeper or proprietor. The term "keeper" or "proprietor" includes all persons, whether acting by themselves or as a servant, agent, or employee.
May. The term "may" means that the act referred to is permissive.
Month. The term "month" means a calendar month.
Number. The singular includes the plural. The plural includes the singular.
Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Officers of town and officials of town. Whenever any officer is referred to by title, such as "town clerk," "chief of police," "mayor," etc., such reference shall be construed as if followed by the phrase "of the Town of Ridgeland."
Owner. The term "owner," when applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.
Person. The term "person" includes an individual, corporation, business trust, estate, trust, partnership, and association.
Personal property. The term "personal property" includes money, goods, chattels, things in action, and evidence of debt.
Preceding andfollowing. The terms "preceding" and "following" mean next before and next after, respectively.
Premises. The term "premises," as applied to property, includes lands and buildings.
Property. The term "property" includes both real and personal property.
Public authority. The term "public authority" includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof; or any duly authorized public official.
Public place. The term "public place" includes any street, sidewalk, park, cemetery, schoolyard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
Real property. The term "real property" includes lands, tenements, and hereditaments.
Reasonable. In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean the time as only may be necessary for the prompt performance of such duty or compliance with such notice.
Registered mail and certified mail. The term "registered mail" includes certified mail, and the term "certified mail" includes registered mail.
Roadway. The term "roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel.
S.C. Code 1976. Whenever reference is made, for example, to S.C. Code 1976, § 5-7-280, it shall be construed to refer to the Code of Laws of South Carolina 1976, § 5-7-280, as amended, or whatever section is to be cited. Whenever reference is made, for example, to Acts 1944, p. 1301, it shall be construed to refer to page 1301 of the Acts of South Carolina 1944, or whatever page and year is to be cited.
Shall. The term "shall" means that the act referred to is mandatory.
Sidewalk. The term "sidewalk" means that portion of the street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
Signature orsubscription. The term "signature" or "subscription" includes a mark when the person cannot write.
State. The term "state" means the State of South Carolina.
Street. The term "street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the town.
Tenant or occupant. As applied to premises, the term "tenant" or "occupant" includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
Tense. Terms used in the past or present tense include the future as well as the past and present.
Town, municipal corporation, or municipality. When used in this Code, the term "town," "municipal corporation," or "municipality" shall denote the Town of Ridgeland irrespective of its population or legal classification.
Week. The term "week" means seven consecutive days.
Whoever. The term "whoever" includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private.
Written or in writing. The term "written" or "in writing" includes printing and any representation of words, letters, symbols, or figures. When the written signature of any person is required, it shall be in the proper handwriting of such person, or in case he is unable to write, his proper mark.
Year. The term "year" means a calendar year.
(Code 2006, § 10.05)
Sec. 1-3. - Catchlines of sections.#
(a)
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(b)
The history or source notes appearing in parentheses after a section in this Code have no legal effect and only indicate legislative history. Editor's notes and state law references that appear in this Code after sections or subsections, or that otherwise appear in footnote form, are provided for the convenience of the user of this Code and have no legal effect.
(c)
Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.
Sec. 1-4. - Provisions considered as continuations of existing legislation.#
The provisions of this Code, so far as they are consistent with any prior ordinances, shall be construed as continuations of the prior provisions and not as new enactments.
(Code 2006, § 10.07)
Sec. 1-5. - Severability.#
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
(Code 2006, § 10.09)
Sec. 1-6. - Reference to other sections.#
(a)
Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, such reference shall be construed to mean a violation of any provision of the section or sections included in such reference.
(b)
References in the Code to action taken or authorized under designated sections of the Code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this Code.
(c)
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
(Code 2006, § 10.10)
Sec. 1-7. - Supplementation of Code.#
(a)
Supplements to this Code shall be prepared and printed whenever authorized or directed by the town. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in this Code. The pages of the supplement shall be so numbered that they will fit properly into this Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, this Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of this Code that have been repealed shall be excluded from this Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified Code. For example, the person may:
(1)
Arrange the material into appropriate organizational units;
(2)
Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in this Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in this Code;
(3)
Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to this Code;
(4)
Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections;
(5)
Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections _____ to _____" (inserting section numbers to indicate the sections of this Code that embody the substantive sections of the ordinance incorporated in this Code); and
(6)
Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in this Code.
Sec. 1-8. - Official time.#
The official time, as established by applicable state/federal laws, shall be the official time within the town for the transaction of all municipal business.
(Code 2006, § 10.13)
Sec. 1-9. - Ordinances not affected by adoption of Code.#
The repeal provided for in the ordinance adopting this Code shall not affect any of the following: (1)
Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of such Code. If any penalty, forfeiture or punishment is mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(2)
Any ordinance or resolution promising or guaranteeing the payment of money for the town, or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness, or any contract or obligation assumed by the town.
(3)
Any right or franchise granted by any ordinance of the town, except as this Code may contain provisions for such matters, in which case, this Code shall be considered as amending such ordinance in respect of such provisions only.
(4)
Any ordinance dedicating, accepting the dedication of, naming, establishing, locating, opening, paving, widening, vacating, etc., any street, alley, public way or public park in the town.
(5)
Any appropriation ordinance.
(6)
Any ordinance levying or imposing taxes or special assessments, or authorizing tax fund transfers not inconsistent with this Code.
(7)
Any ordinance rezoning specific property or any amendment thereto.
(8)
Any ordinance establishing or prescribing grades in the town.
(9)
Any ordinance providing for local improvements and assessing taxes therefor.
(10)
Any ordinance dedicating or accepting any plat or subdivision in the town.
(11)
Any ordinance adopting, extending or contracting the boundaries of the town.
(12)
Any ordinance prescribing the number, classification or compensation of any town officers or employees, not inconsistent herewith.
(13)
Any ordinance declaring certain property to be a public nuisance and authorizing procedures for the demolition of same.
(14)
Any ordinance adopted by reference by any provision of this Code or any amendments to such ordinances.
(15)
Any ordinance establishing fire lanes on private property.
(16)
Any ordinance establishing traffic or parking regulations for a street or portion thereof or any other location in the town.
(17)
Any ordinance establishing water and sewer rates.
(18)
Any temporary or special ordinance.
(19)
Any ordinance respecting conveyance or acceptance of real property or easements in real property.
(20)
The Smart Code ordinance of the town or any amendment thereto.
(21)
The administrative ordinances not in conflict or inconsistent with this Code.
Sec. 1-10. - Effective date of ordinances.#
All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from the date of their passage, unless otherwise expressly provided.
(Code 2006, § 10.17)
Sec. 1-11. - Amendments to Code.#
(a)
All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of repealed chapters, sections or subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by the omission thereof from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or as omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the town council.
(b)
Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "Section _____ of the Ridgeland Code is hereby amended to read as follows:…." The new provisions shall then be set out in full.
(c)
If a new section not then existing in the Code is to be added, the following language shall be used: "The Ridgeland Code is hereby amended by adding a section (or article or chapter) to be numbered _____, which said section (or article or chapter) reads as follows:…." The provisions shall then be set out in full.
(d)
All sections, articles, chapters or provisions of this Code desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.
Sec. 1-12. - Violations of rules, regulations and orders.#
Except as otherwise provided in this Code, the violation of any rules, regulations, or orders promulgated by any officer or agency of the town under authority vested in him or it by law, by the provisions of this Code, or by any ordinance or resolution shall be unlawful.
(Code 2006, § 10.21)
Sec. 1-13. - Liability of corporations and agents for violations.#
(a)
Any violation of this Code by any officer, agent, or other person acting for or employed by any corporation or unincorporated association or organization while acting within the scope of his office or employment shall in every case also be deemed to be a violation by such corporation, association, or organization.
(b)
Any officer, agent, or other person acting for, or employed by, any corporation or unincorporated association or organization shall be subject and liable to punishment as well as such corporation or unincorporated association or organization for the violation by it of any provision of this Code, where such violation was the act or omission, or the result of the act, omission, or order, of any such person.
(Code 2006, § 10.22)
Sec. 1-14. - General penalty.#
(a)
General.
(1)
Where an act or omission is prohibited or declared unlawful in this Code, and no penalty of fine or imprisonment is otherwise provided, the offender shall be fined not more than $500.00 or imprisoned for not more than 30 days. However, no penalty shall exceed the penalty provided by state law for similar offenses. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(2)
In addition to the penalties provided in subsection (a)(1) of this section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance, and may be abated by the town as provided by law.
(b)
Acts prohibited or punishable. In the construction of this Code and of all ordinances of the town, all acts prohibited or punishable under this Code or under any particular ordinance shall, unless a contrary intent appears, be construed to refer to such acts when committed or occurring within the limits of the town or in other places over which the municipal court and town police have authority or jurisdiction under the laws of the state, even though the code or the particular ordinance only provides that the acts shall be prohibited or punishable and shall not specifically designate the jurisdiction or scope thereof.
(c)
Municipal uniform ordinance summons. Any person or entity violating any provision of the Code, or any ordinance adopted pursuant thereto, within the corporate limits of the town may be issued a uniform ordinance summons. Issuance of the uniform ordinance summons shall vest jurisdiction in the municipal court to hear and dispose of the charge for which the uniform ordinance summons was issued and served. The uniform ordinance summons may be issued by any law enforcement officer or any town employee designated by the council as a code enforcement officer. Bonds are to be posted in the manner prescribed in the uniform ordinance summons. The uniform ordinance summons shall not be used to perform a custodial arrest.
(Code 1995, §§ 1.16.010—1.16.030; Code 2006, § 10.99; Ord. of 8-5-1993)
State Law reference— Maximum penalty under state law, see S.C. Code 1976, § 5-7-30.
Sec. 1-15. - Altering Code.#
It shall be unlawful for any person in the town to change or amend, by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions of pages, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the town to be misrepresented thereby, unless so authorized by ordinance or resolution or other official act of the board of trustees. Any person violating this section shall be punished as provided in section 1-14.