Chapter 24 - OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE I. - IN GENERAL#

Sec. 24-1. - Misdemeanors under state law.#

Any act, the commission of which constitutes a misdemeanor under the laws of the state, is prohibited within the town, and any prohibited act, if committed within the town, shall constitute a violation of this Code; provided, however, that the penalty for the offense committed shall not exceed the penalty prescribed in section 1-14.

(Code 1995, § 9.04.010; Code 2006, § 130.01)

Sec. 24-2. - Aiders or abettors.#

It is unlawful for any person to counsel, advise, incite, abet, procure or aid any other person in the violation of any ordinances. The person shall be held and deemed a principal.

(Code 1995, § 9.04.020; Code 2006, § 130.02)

Secs. 24-3—24-22. - Reserved.#

ARTICLE II. - OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT#

Sec. 24-23. - Resisting or interfering with municipal officers or employees.#

It is unlawful for any person to resist or interfere with any member of the police department, any member of the fire department, or any other municipal officer or employee in the discharge of his duties. Speech alone that questions or expresses opposition to police conduct does not constitute a violation of this section.

(Code 1995, § 9.08.010; Code 2006, § 131.01)

Sec. 24-24. - Cursing or abusing police officers.#

It is unlawful for any person to curse or abuse any police officer while the police officer is on duty in the town. Continued cursing or abuse after arrest shall also be an offense under this section. Speech alone that questions or expresses opposition to police conduct does not constitute a violation of this section.

(Code 1995, § 9.08.020; Code 2006, § 131.02)

Sec. 24-25. - Loitering about jail.#

It is unlawful for any person to loiter about the town jail or communicate in any way with the prisoners therein without the consent of the police officer on duty.

(Code 1995, § 9.08.040; Code 2006, § 131.04)

Sec. 24-26. - Resisting officer making arrest.#

Any person who shall resist or obstruct any officer in the discharge of his duty shall be deemed guilty of a misdemeanor, subject to the limitations prescribed by S.C. Code 1976, § 16-5-50.

(Code 1995, § 9.08.050; Code 2006, § 131.05)

Sec. 24-27. - Disruption of court or council.#

It is unlawful for any person to intentionally interrupt, interfere with, or disturb the proceedings of the municipal court or town council or the meeting of any commission or committee duly appointed by the town council. Nothing in this section shall be construed to prohibit any person from addressing the municipal court, town council or any commission or committee duly appointed by the town council in accordance with the administrative procedures established by these bodies.

(Code 1995, § 9.08.070; Code 2006, § 131.07; Ord. of 3-16-1995)

Sec. 24-28. - Prisoner.#

It is unlawful for any person except town officials to take anything to or in any way communicate with any prisoner confined in the guard house or at work upon the streets unless leave to do so shall have first been obtained from the mayor or chief of police.

(Code 1995, § 9.08.080; Code 2006, § 131.08)

Sec. 24-29. - Approaching within 20 feet of person being arrested.#

It is unlawful for any person to willfully approach nearer than 20 feet to any police officer who is making or attempting to make an arrest or while on his way to jail with his prisoner. All police officers shall have the right to order all persons away from the vicinity of the jail while any person is being placed therein or being held in custody.

(Code 1995, § 9.08.090; Code 2006, § 131.09)

Secs. 24-30—24-46. - Reserved.#

ARTICLE III. - OFFENSES AGAINST PUBLIC PEACE AND DECENCY#

Sec. 24-47. - Disorderly conduct.#

(a)

It is unlawful to conduct oneself in a disorderly manner with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof by:

(1)

Engaging in fighting or threatening, or in violent or tumultuous behavior;

(2)

Using words which would, by their very utterance, inflict injury or tend to incite an immediate breach of the peace, or offensively coarse utterance, gesture or display or addresses of abusive language to any person present; or

(3)

Creating a hazardous or physically offensive condition by an act which serves no legitimate purpose of the act.

(b)

For the purpose of this section, the term "public" means affecting or likely to affect any person in a place to which the public or a substantial group has access. Among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or entertainment, governmental buildings or any neighborhood.

(Code 1995, § 9.12.010; Code 2006, § 132.01)

Sec. 24-48. - Interfering with worship.#

It is unlawful for any person to intentionally interfere with or disturb the peace and good order of any public gatherings or religious worship.

(Code 1995, § 9.12.020; Code 2006, § 132.02; Ord. of 3-16-1995)

Sec. 24-49. - Picketing and demonstrating.#

It is unlawful to picket, parade or march without a permit. To secure a permit, a person must apply during regular business hours to the chief of police. The application shall state the type of activity, the place, time and date for the activity, the number of expected participants and, as applicable, the name of the group, the permanent residence address of an officer of the organization, the business address of the group and a telephone number where an officer of the organization may be contacted. Applications must be submitted in sufficient time prior to the planned activity to allow for the procurement or necessary permits from the state department of transportation. The applicant must sign a statement that this Code and any applicable state laws will be fully complied with. Once this statement has been signed and the required permits from state agencies are on hand, the chief of police may issue a permit based on the following considerations: (1)

The number of persons to participate;

(2)

The anticipated traffic conditions at the time and date proposed for the activity;

(3)

The schedule of other similar activities for which permits may have been issued;

(4)

The adequacy of adult supervision for any minor scheduled to participate;

(5)

The availability of city personnel whose presence on duty may be required by the activity and by the necessity to protect the general public; and

(6)

The adequacy of public facilities in the location proposed for the activity to accommodate the proposed activity and the normal public use of public facilities in the proposed location.

(Code 1995, § 9.12.040; Code 2006, § 132.04; Ord. of 3-16-1995)

Sec. 24-50. - Loitering.#

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Loitering means, for any person, while in any public place, to create or cause to be created any disturbance to the comfort and repose of any other person by or through any of the following activities: (1)

The use of vulgar, obscene, profane, sexually explicit or suggestive language;

(2)

Obstructing or interfering with the free passage of any vehicle or pedestrian in any public place;

(3)

Gambling;

(4)

Creating or causing to be created or threatening to cause any breach of the public peace;

(5)

Engaging in any other unlawful behavior to act.

Public place means any place commonly open to the members of the general public and where the members of the general public commonly resort; not necessarily a place devoted solely to the use of the public, but a place that is public rather than private, or a place visited by many persons and usually accessible to the neighboring public.

Unlawful behavior or act means any act which is contrary to, or proscribed by any law of the country, the state or the town.

(b)

Violation.

(1)

A person commits a violation of this section if he loiters, as defined above, in a public place at a time or in a manner not usual for members of the general public in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in his immediate possession.

(2)

Unless flight by the individual makes it impracticable, a peace officer, prior to any arrest or citation under this section, shall afford the individual the opportunity to dispel the fear which would otherwise be warranted by requesting him to:

a.

Cease and desist the activity;

b.

Depart the public place; or

c.

Identify him and explain his presence and conduct.

(3)

No person shall be convicted of an offense under this section if the peace officer did not comply with subsection (b)(2) of this section, or if it appears at trial that the explanation given by the individual was true, and if believed by the peace officer at the time, would have dispelled the fear.

(4)

Nothing in this section shall be construed or enforced in such a manner as to abridge or restrict freedom of speech, religion or association.

(c)

Penalty. Any person convicted of violating this section shall be subject to the penalties set forth in section 1-14.

(Code 1995, § 9.12.050; Code 2006, § 132.05; Ord. No. 6-00, 9-7-2000)

Sec. 24-51. - Fortunetelling.#

It is unlawful to engage in the business, trade or profession of fortunetelling, palmistry, phrenology, clairvoyance or the prediction of future events by cards or other means or to offer to tell fortunes or predict future events by palmistry, astrology, clairvoyance, cards or other means as an inducement to promote some other business, trade or profession.

(Code 1995, § 9.12.160; Code 2006, § 132.12)

Sec. 24-52. - Disturbing school.#

It is unlawful: (1)

For any person willfully making a noise or diversion that disturbs or tends to disturb the peace or good order of the school session; or

(2)

For any person to enter upon any school premises, except on business, without the permission of the principal or person in charge.

(Code 1995, § 9.12.170; Code 2006, § 132.13)

Sec. 24-53. - Spitting.#

It is unlawful for any person to spit upon any sidewalk or other public place, or upon the floor, walls or seat of any room, hall, office or other part of any hotel, boardinghouse or lodging place which is used in common by the guests or inmates thereof, or upon the floor, walls or any other part of any store, factory, theater, church or other building or room which is used by the public.

(Code 1995, § 9.12.200; Code 2006, § 132.16)

Sec. 24-54. - Disturbance at entertainments.#

It is unlawful for any person to willfully make a noise or diversion that disturbs or tends to disturb the peace or good order of a public hall or other place of amusement, entertainment or gathering.

(Code 1995, § 9.12.220; Code 2006, § 132.18; Ord. of 3-16-1995)

Sec. 24-55. - Carnivals and street shows prohibited.#

All carnival or street shows or any business of the like are forbidden to show, parade or otherwise engage in business without the written permission of the town. The permit is to specify the date, time, place, length of show, duration of appearance and all other details as shall be required by the council.

(Code 1995, § 9.12.230; Code 2006, § 132.19)

Secs. 24-56—24-83. - Reserved.#

ARTICLE IV. - OFFENSES RELATING TO PROPERTY#

DIVISION 1. - GENERALLY#

Sec. 24-84. - Posting on private property.#

It is unlawful to place any advertisement, notice or sign of any nature on private property without the written consent of the owner or lessee of the property.

(Code 1995, § 9.20.140; Code 2006, § 133.08)

Secs. 24-85—24-111. - Reserved.#

DIVISION 2. - OFFENSES AGAINST PUBLIC PROPERTY#

Sec. 24-112. - Damaging municipal property.#

It is unlawful for any person to mutilate, deface or injure any public property within the corporate limits of the town, any trees, buildings on any public property, or to obstruct any street, alleyway, avenue, bridge, ditch or public road within the corporate limits of the town, and any person found guilty of a violation of this section shall be fined as set forth in section 1-14.

(Code 1995, § 9.20.010; Code 2006, § 133.40)

Sec. 24-113. - Gates opening onto sidewalks.#

It is unlawful for any person or corporation to maintain any gate upon his premises so as to swing across or into any sidewalk or street. It shall be the responsibility of the property owner to correct the situation or face a fine and/or imprisonment to be set by the council.

(Code 1995, § 9.20.020; Code 2006, § 133.41)

Sec. 24-114. - Structures draining rainwater onto sidewalks prohibited.#

It is unlawful for any person to build, construct, erect or maintain a house or building of any description in such a manner that rainwater may flow from the roof, eaves, cornices, gutters or other part thereof down any sidewalk so as to cause holes, depressions, unevenness, gullies or other defects or damages to the sidewalk.

(Code 1995, § 9.20.040; Code 2006, § 133.43)

Sec. 24-115. - Draining water, slops, other liquids onto streets or sidewalks prohibited.#

It is unlawful for any person to carry water, slops or liquid of any kind from any store, residence or other building, by means of a drain pipe or otherwise, so that the same shall fall or flow upon any part of any street or sidewalk; provided that sprinkling of a street to lay dust is not forbidden.

(Code 1995, § 9.20.050; Code 2006, § 133.44)

Sec. 24-116. - Throwing glass, nails, or dangerous substances on streets or sidewalks.#

Any person who shall throw or place on any of the streets or sidewalks any glass in any shape or form, tin cans, nails, brick, pieces of iron, sticks or any other obstructions shall be guilty of a misdemeanor.

(Code 1995, § 9.20.060; Code 2006, § 133.45)

Sec. 24-117. - Vehicles prohibited on sidewalk.#

It is unlawful for any person to ride, propel or park any automobile, motorcycle or other vehicle upon any sidewalk, except as may be necessary in entering or leaving the premises or buildings.

(Code 1995, § 9.20.080; Code 2006, § 133.47)

Sec. 24-118. - Breaking, removing streetlights.#

It is unlawful for any person to break any lamp or electric light, or to remove any electric lightbulb or to otherwise tamper with the street lights.

(Code 1995, § 9.20.090; Code 2006, § 133.48)

Sec. 24-119. - Breaking, destroying curbing prohibited; property entrances.#

It is unlawful for any person to break or destroy the curbing of any street or to otherwise deface the same, or to construct any entrance into property on any street, unless in compliance with the zoning ordinance and the subdivision regulations of the town. Additionally, a permit from the department of transportation must be obtained for any state-maintained road.

(Code 1995, § 9.20.100; Code 2006, § 133.49; Ord. of 3-16-1995)

Sec. 24-120. - Burning matter on streets or sidewalks.#

It is unlawful to burn leaves or other matter on the streets or sidewalks.

(Code 1995, § 9.20.110; Code 2006, § 133.50)

Sec. 24-121. - Posting on public property.#

It is unlawful to place any advertisement, business, political or otherwise, or any notice or sign of any nature on public property within the town by the use of a placard, picture, paper, circular, printing, or by any other means or device whatsoever.

(Code 1995, § 9.20.120; Code 2006, § 133.51)

Sec. 24-122. - Posting on property in which town has interest or regulatory power.#

It is unlawful to place any advertisement, notice or sign of any nature on property in which the town has an interest or the right to regulate, such as telephone poles, telegraph poles, electric poles or towers, and the like thereof.

(Code 1995, § 9.20.130; Code 2006, § 133.52)

Sec. 24-123. - Blocking sidewalks or streets.#

It is unlawful for any person or group of persons to congregate upon the streets or sidewalks in such a manner as to impede the free flow of traffic.

(Code 1995, § 9.20.160; Code 2006, § 133.54)

Sec. 24-124. - No games to be played on streets.#

No person shall play any game, throw any rocks or missiles on any street.

(Code 1995, § 9.20.170; Code 2006, § 133.55)

Sec. 24-125. - Interference with streets, sidewalks, and the like.#

It is unlawful for any person to close up or in any manner interfere with the free use of any public street or thoroughfare, sidewalk, or alley without the previous written consent of the council.

(Code 1995, § 9.20.180; Code 2006, § 133.56)

Secs. 24-126—24-150. - Reserved.#

ARTICLE V. - WEAPONS#

Sec. 24-151. - Unlawful weapon.#

(a)

It is unlawful for any person to carry about his person or in any place prohibited by state law any dirk, metal knuckles, razor, ice pick, knife with a blade in excess of three inches, or any other object intended to inflict personal injury. This section shall not apply to weapons carried under an appropriate permit or by law enforcement personnel as authorized by their department while in the execution of their official duties.

(b)

Anyone convicted of a violation of this section shall forfeit the weapon used in the offense and shall be sentenced as set forth in section 1-14.

(Code 1995, § 9.28.020; Code 2006, § 134.02; Ord. of 4-7-1994)

Sec. 24-152. - Discharge of dangerous devices.#

It is unlawful to fire or discharge any air rifle, slingshot or other device which may be potentially harmful to any persons or property.

(Code 1995, § 9.28.030; Code 2006, § 134.03)

Sec. 24-153. - Discharging of firearms.#

(a)

It is unlawful for any person other than a peace officer in the performance of his official duties to carelessly or negligently discharge or publicly brandish firearms, or publicly brandish firearms during the times of, or a demonstrated potential for, insurrection, invasions, riots, or natural disasters within the municipality, except for areas officially zoned as outdoor recreational overlay districts.

(b)

Anyone convicted of violating this section shall be deemed guilty of a misdemeanor and shall be sentenced as set forth in section 1-14. Each time a firearm is discharged shall be considered a separate offense. The firearm used in the commission of the misdemeanor shall be confiscated if incident to an arrest.

(Code 1995, § 9.28.040; Code 2006, § 134.04; Ord. of 10-7-1993; Ord. No. 22-07, 9-20-2007)