ARTICLE V. - DEPARTMENTS, BOARDS AND COMMISSIONS
Part of the Code of Ordinances of Ridgeland, SC.
The text
DIVISION 1. - GENERALLY#
Secs. 2-310—2-329. - Reserved.#
DIVISION 2. - POLICE DEPARTMENT#
Sec. 2-330. - Chief of police.#
(a)
Appointment; term; salary. The council, with the advice of the administrator, shall appoint a chief of police who shall serve at the pleasure of the council. The salary of the chief of police shall be as fixed by the council from time to time.
(b)
Duties.
(1)
General.
a.
The chief of police shall be responsible for the administration of the police department and ensure that the laws of the town, the state and the United States are administered fairly, equitably and impartially. The chief of police shall also carry out the policies of the council and town administrator as they may be established from time to time. The chief of police shall report to the town administrator in all matters affecting his department.
b.
The chief of police, with the advice and consent of the town administrator, shall hire additional police officers and be responsible for their initial and continuing training.
c.
The chief of police is appointed as the delinquent tax collector for the town. He shall also be responsible for the enforcement of the business license ordinance of the town.
(2)
Attend council meetings. At the request of the council, it shall be the duty of the chief, or in his absence or inability to be present, one of the other police officers, to attend all meetings of the council, and to preserve order during the session.
(3)
Serve legal processes, collect fines, and the like. It shall be the duty of the chief personally, or through one of his assistants, to serve all legal processes, report defaulters, arrest disturbers of the peace and all persons seen by them violating the town laws and ordinances, collect fines and turn them over to the clerk-treasurer and perform general duties of the police officer or constable.
(4)
Removal of nuisances and the like. It shall be the duty of the chief to cause to be removed from the streets all rubbish or nuisances calculated to obstruct the free passage of vehicles or pedestrians or to prove offensive or dangerous to the health or comfort of the citizens of the town and to enforce, with the help of his assistants, under the direction of the mayor and council, all laws and ordinances of the town. Costs incurred in the action shall be billed to the person causing the condition and, if unpaid, shall become a tax lien on the individual's property, real and personal.
(Code 1995, §§ 2.40.010—2.40.050; Code 2006, § 32.01; Ord. of 3-16-1995)
Sec. 2-331. - Bond required.#
Bond shall be obtained by the town in an amount to be specified by the town council for the faithful performance of their duties as police officers and to save the town harmless from all damages caused by their negligence while in the performance of their duties.
(Code 1995, § 2.40.060; Code 2006, § 32.02)
Sec. 2-332. - Mayor may appoint special police officers during emergency.#
Whenever for any reason the exigencies of the occasion require it, the mayor may appoint extra assistant police officers as he may deem necessary for the safety and good order of the town, to serve temporarily until the exigencies are over, who shall, during the time for which they are so appointed, be subject to all the duties and restrictions and entitled to all the rights, powers, privileges and immunities of other police officers of the town and shall receive the salary as assistant or substitute police officers who do not serve regularly, and in proportion to the time served.
(Code 1995, § 2.40.070; Code 2006, § 32.03)
Sec. 2-333. - Oath.#
The chief of police and the assistant police officers of the town, before entering upon the execution of the duties of their respective offices, shall take, in the presence of the council, the following oath, or affirmation; provided that extra assistant or substitute police officers may take the oath in the presence of the mayor only: I, ___________, do solemnly swear (or affirm) that I will truly, faithfully, and to the best of my ability, execute the duties pertaining to the office to which I have been elected (or appointed) without fear, favor, prejudice or partiality, and that I will obey and execute, to the utmost of my powers the commands and orders of the mayor or any of the councilmembers for the purpose of enforcing and carrying into execution all ordinances of the town, so help me God.
(Code 1995, § 2.40.080; Code 2006, § 32.04)
Sec. 2-334. - Powers, generally.#
Each police officer of the department shall be sworn in and thereupon shall be invested with all the powers of constables within the corporate limits of the town or its police jurisdiction. Each police officer also shall have the power to carry out all duties assigned to him by statute, ordinance, resolution, directive, rule or regulation as is necessary, specifically or by implication.
(Code 1995, § 2.40.090; Code 2006, § 32.05)
Sec. 2-335. - Power to arrest.#
(a)
General. Every police officer, when required by state statute or ordinance of the town, shall have the power and the duty to arrest any person who, within the corporate limits of the town, shall be guilty of, or shall be engaged in, any breach of the peace, riotous or disorderly conduct, open obscenity, public drunkenness, theft, profane swearing or any other conduct which may be disorderly or calculated to produce disorder or shall be indecent or dangerous to the good order of the town.
(b)
Within a three-mile radius of corporate limits. The police authorities may make arrests of all offenders against the municipal ordinances and statutes of the state committed within the corporate limits at any place within a radius of three miles of the corporate limits, with or without a warrant, when the police authorities are in pursuit of the offender.
(c)
Power to require assistance. Every police officer of the town is authorized and empowered to call upon any bystander to assist in making any arrest when the assistance is necessary. Any person responding to the call and assisting in an arrest shall be protected as fully in his actions as a police officer of the town. It is unlawful for any citizen to refuse to assist when called upon.
(d)
Power to arrest for resistance. Every police officer shall have the power and authority to arrest any person violating the laws of the state and ordinances of the town and shall be empowered to further charge him with the resisting of any arrest. Speech alone that questions or expresses opposition to police conduct does not constitute a violation of this section. The resisting shall be a misdemeanor.
(Code 1995, §§ 12.40.100—2.40.140; Code 2006, § 32.06)
Sec. 2-336. - Obstruction of streets, sidewalks; crowds.#
Each member of the police force shall be empowered to use any reasonable means to prevent the obstruction of the sidewalks or streets and to disperse all persons who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other person having authority.
(Code 1995, § 2.40.150; Code 2006, § 32.07)
Sec. 2-337. - Ordinance summons.#
(a)
There shall be made available to the code enforcement officers and police department of the town an ordinance summons which complies with the requirements of S.C. Code 1976, § 56-7-80.
(b)
The police department shall be responsible for having the summons books printed, issuing blank summons books, and keeping a record of the summons forms assigned to an individual.
(c)
Any officer issuing an ordinance summons shall be responsible for forwarding the copy of the summons labeled court copy to the appropriate judicial office within 24 hours of issuing the summons. It shall also be the issuing officer's responsibility to keep the copy of the summons labeled officer copy until the appointed hearing time. After all action concerning the summons has been concluded, the issuing officer shall turn the officer copy of the summons in to the police department within 24 hours.
(d)
The clerk-treasurer shall be responsible for keeping the summons forms which have been turned in by law enforcement officers in a manner which will allow for an annual audit of the summons forms.
(Code 1995, § 2.40.160; Code 2006, § 32.08; Ord. No. 1-3050, 10-1-1992)
Secs. 2-338—2-357. - Reserved.#
DIVISION 3. - FIRE DEPARTMENT#
Sec. 2-358. - Fire chief.#
(a)
The council, with the advice of the administrator, shall appoint a fire chief who shall serve at the pleasure of the council. The salary of the fire chief shall be as fixed by the council from time to time.
(b)
The fire chief shall carry out the policies of the council and town administrator as they may be established from time to time. The fire chief shall report to the town administrator in all matters affecting his department.
(c)
The fire chief shall recruit volunteer members for the fire department in sufficient numbers to provide for adequate fire protection for the town. He shall schedule and provide training to the volunteer members.
(d)
The fire chief shall make recommendations to the town administrator to obtain the lowest possible rating from the insurance services office (ISO).
(e)
The fire chief shall conduct an active fire prevention and inspection program.
(Code 1995, § 2.44.010; Code 2006, § 32.20; Ord. of 3-16-1995)
Secs. 2-359—2-374. - Reserved.#
DIVISION 4. - PLANNING COMMISSION#
Sec. 2-375. - Membership.#
The planning commission shall consist of five members to be appointed by the town council. The terms of office of the members shall be for four years. Any vacancy in membership shall be filled for the unexpired term by the mayor, who shall also have the authority to remove any member for cause, on written charges, after a public hearing. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties.
(Code 1995, § 2.48.010; Code 2006, § 32.35; Ord. of 3-7-1988)
Sec. 2-376. - Organization, meetings, rules, staff and finances.#
The planning commission shall elect a chairperson and vice-chairperson from among its members. The term of the chairperson or other officers shall be one year with eligibility for reelection. It shall appoint a secretary who may be an officer or an employee of the town council or of the planning commission. The planning commission shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions, findings and determinations and shall meet at the call of the chairperson and at such times as the chairperson or commission may determine. All meetings of the planning commission at which official action is taken shall be open to the public, and all records of the commission shall be a public record. The commission may appoint such employees and staff as it may deem necessary for its work and may make expenditures for salaries of any employees and staff, contracts with consultants, and for the purchase of required equipment and supplies. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for said purpose by the town council.
(Code 1995, § 2.48.020; Code 2006, § 32.36; Ord. of 3-7-1988)
Sec. 2-377. - General powers and duties.#
(a)
The powers and duties of the planning commission are outlined in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 (S.C. Code 1976, § 6-29-310 et seq.).
(b)
In general, the planning commission shall have the power to:
(1)
Prepare and revise periodically a comprehensive plan and program for the development and redevelopment of its jurisdiction;
(2)
Prepare and recommend for adoption to the town council as a means for implementing the plan and program:
a.
Zoning ordinances to include zoning district maps and appropriate revisions thereof for its jurisdiction;
b.
Regulations for the subdivision of land, appropriate revisions thereof within its jurisdiction, and to oversee the administration of the regulations that may be adopted;
c.
An official map and appropriate revision thereof showing the exact location of existing or proposed public street, highway and utility rights-of-way and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within such rights-of-way, building sites or open spaces within its political jurisdiction or a specified portion thereof;
d.
A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;
e.
A capital improvements program for its jurisdiction setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budget. Such a capital program shall include an annual capital budget based on estimates of the cost of proposed projects and the means of financing them. The commission shall submit the capital program, including the capital budget, to town council as directed;
f.
Policies or procedures to facilitate the implementation of planning elements.
(3)
Establish principles and policies for guiding action in the development of the area;
(4)
Prepare and recommend to the town council for adoption of ordinances promoting orderly development in accordance with the comprehensive plan, other than those previously mentioned;
(5)
Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;
(6)
Review and recommend to the town council any needed changes in the zoning ordinance and the map of the town, as well as the subdivision regulations, official maps, and other codes, ordinances and controls related to the municipality's development;
(7)
Keep the town council and the general public informed and advised as to these matters.
(Code 1995, § 2.48.030; Code 2006, § 32.37; Ord. of 3-7-1988; Ord. of 3-16-1995)