CHAPTER 13. PUBLIC PEACE. OFFENSES
ARTICLE I. ORDINANCE SUMMONS
13.101. Summons Ordinance. Procedure for Offenses Other Than
Breach of Peace.
ARTICLE II. ALCOHOLIC BEVERAGES
13.201
Definitions
13.202
Jurisdiction
13.203
Prior Offenses
13.204
Sales . Prohibited Hours
13.205
Unlawful to Sell Unless Tax Paid
13.206
Minors . Sales
13.207
Same . False Age
13.208
Same . Purchase or Possession
13.209
Same . Purchase For Transfer
13.210
Same . Employment
13.211
Licensed Premises . Drinking . Possession . Prohibited Hours
13.212
Same . Acts Prohibited . Revocation of License
13.213
Same . Sale After License Revoked, Canceled or Suspended
13.214
Public Conveyances or Vehicles . Sales . Drinking
13.215
Permittee Selling Draft Beer to be approved by DHEC
13.216
Same . Permit and Health Certificate to be Posted
13.217
Manufacture to sell, Buy, etc, Unlawful
13.218
Purchase
13.219
Consumption at Certain Places . Public Property
ARTICLE III. AMUSEMENTS. DEVICES.
13.301
Definition of Terms
13.302
Hours of Operation . Conditions and Restrictions
13.303
Gambling Devices Not Permitted
13.304
Musical Devices . Hours of Business
13.305
Same . Regulating Businesses
13.306
Same . Operating Loudly
13.307
Amusement Places to have Entrances Opening Onto Street
13.308
Carnivals and Street Shows Prohibited without Permit
13.309
Disturbance at Entertainments, Gatherings, etc.
ARTICLE IV.
OFFENSES AGAINST MORALITY, DECENCY AND PUBLIC WELFARE
13.401
Immoral Purposes . Solicitation . Premises
13.402
Same . Transportation of Persons
13.403
Same . Information or Direction
13.404
Same . Lease, Use of Places, etc.
13.405
Bawdy Houses
13.406
Adult Clubs
13.407
Obscene Material . Display or Sale
13.408
Indecent Exposure . Language
13.409
Peeping Toms
13.410
Disturbing the Peace
13.411
Loitering
13.412
Public Drunkenness
13.413
Intoxicating Beverages . Drinking in Public
13.414
Interference with Streets, Sidewalks, etc.
13.415
Spitting
13.416
School Disturbances
13.417
Dance Halls Unlawful on Sundays
13.418
Gambling Prohibited . Exceptions
13.419
Same . Confiscation and Destruction of Paraphernalia
13.420
Same . Houses Unlawful
13.421
Fortune-Telling
ARTICLE V.
OFFENSES AGAINST THE PEACE. PUBLIC POLICY
13.501
Disorderly Conduct . Defined
13.502
Firearms . Carrying . Exceptions
13.503
Same . Discharge . Dangerous Devices
13.504
Concealed Weapons
13.505
Same . Carrying Weapons . Knives
13.506
Crime Watch Area . Town Designated
13.507
Swearing Falsely When Taking Oaths
13.508
Interfering with Worship, Public Gatherings or Meetings
13.509
Riots . Instigating, Aiding, Participating
13.510
Noises . Unreasonable Prohibited
13.511
Drugs Defines . Declared Unlawful
13.512
Amended Firearms Ordinance
ARTICLE VI.
OFFENSES AGAINST PROPERTY
13.601. Malicious Mischief.
13.602. Damaging Property.
13.603. Failure to Leave Premises when Ordered.
13.604. Petit Larceny. Defined.
13.605. Stolen Goods.
13.606. Trespassing.
13.607. Signature or Property. Obtaining by False Pretenses.
13.608. Credit Cards. Obtaining Credit or Property Unlawfully.
13.609. Property Secured by Fraudulent Impersonation of Officer.
13.610. Shoplifting.
13.611. Failing to Return Books, etc, Borrowed from Public
Institutions.
13.612. Public Events. Gaining Admission Without Payment.
13.613. Breaking into Motor Vehicle. Gasoline Tank, Pump, etc.
13.614. Bad Checks. Unlawful to Issue. Penalty.
13.615. Landmarks; Altering, Removing.
13.616. Fences. Removing, Destroying or Leaving Down.
13.617. Property of Town to be Returned.
ARTICLE VII. OFFENSES AGAINST THE PERSON
13.701. Assault and Battery.
13.702. Pointing Pistol or Gun at Any Person.
13.703. Unlawful to Throw Object Injuring Person or Damaging
Property.
13.704. Refrigerators. Abandonment Prohibited.
13.705. Wells, Open Pits Prohibited.
ARTICLE VIII. PARADES. DEMONSTRATING. PICKETING. SOLICITING
13.801. Permit Required.
13.802. Same. Issuance.
13.803. Same. Restrictions and Safeguards.
13.804. Same. Cults, etc.
ARTICLE IX.
PENALTIES
13.901. Parties to a Crime.
13.902. Guilty Plea. Nolo Contendere. Forfeiture of Bail.
14.903. Criminal Laws of State of South Carolina Adopted.
14.904. Misdemeanor.
14.905. Penalty
CHAPTER 13. PUBLIC PEACE. OFFENSES
ARTICLE I. ORDINANCE SUMMONS
Editor’s Note. This article is commonly referred to as the “Ordinance
Summons” or “Summons Ordinance.” It is authorized by §56-7-80 of the
1976 South Carolina Code of Laws which established precise requirements
to be followed when utilized.
13.101. SUMMONS ORDINANCE. PROCEDURE FOR OFFENSES OTHER THAN BREACH OF
PEACE.
a.
In all actions for the violation of the provisions of the
ordinances of The Town of Campobello, not amounting to a breach of the
peace, the initial process may be a summons issued by the town officials
or employees, who are authorized by subsection (e) of this section to
issue summons commanding the person named therein as defendant to appear
before the Municipal Court at a time to be set in the summons.
b.
The summons shall cite only one (1) violation per summons and must
contain the following information:
(1)
Name and address of the person or entity charged;
(2)
The name and title of the issuing officer;
(3)
The time, date and location of the hearing;
(4)
A description of the ordinance violated;
(5)
The procedure to post bond; and
(6)
Any other notice or warning otherwise required by Law.
c.
Breach of peace shall be considered a generic term and shall
include all violations of public peace or order and acts tending to be a
disturbance thereof.
d.
Any person who fails to appear before the court as required by the
summons, without first having posted such bond as may be required or
without having been granted a continuance by the court, upon conviction,
shall be guilty of a misdemeanor.
e.
The Council shall designate individuals who shall be authorized to
issue municipal summons which shall be spread upon the minutes of
Council.
f.
This section shall not apply to any ordinance which regulates the
use of motor
vehicles on the public roads.
g.
This section shall not be construed as a limitation upon the power
of any person, officer or employee to seek or pursue any other Lawful
process or legal remedy.
h.
The bond amount for violations shall be prescribed by the
Municipal Judge. Bonds shall be posted in the manner prescribed by the
Municipal Judge. Town code enforcement officers, when appointed, and
town
law
enforcement officers shall be prohibited from accepting bonds.
i.
Any summons issued under the provisions of this article shall
not be used to perform a custodial arrest.
ARTICLE II.
ALCOHOLIC BEVERAGES
Editor’s Note. Although South Carolina law has preempted municipalities
in this field, this article has been included to assist the members of
the Police Department when enforcing the provisions hereof. The various
references to state law should prove helpful.
13.201. DEFINITIONS.
a.
ALCOHOLIC LIQUORS as used in this chapter shall mean any
spirituous malt, vinous, fermented, brewed or other liquors or any
compound or mixture thereof by whatever name called or known which
contains alcohol and used as a beverage.
(1976
SC Code §61-3-20)
b.
NONALCOHOLIC AND NONINTOXICATING as applied to beverages shall
mean all beers, ales, porter and other similar malt or fermented
beverages containing not in excess of 5 percent (5%) of alcohol by
weight and all wines containing not in excess of 21 percent (21 %) of
alcohol by volume.
(1976
SC Code §61-9-10)
13.202. JURISDICTION.
The
Municipal Court shall try and determine all cases involving any
violation of this article occurring within the corporate limits and
shall have jurisdiction over such criminal cases, with the right and
duty of sending such cases, occurring within the corporate limits but
beyond its jurisdiction to try, to the higher courts
(1976
SC Code §5-7-30, §61-13-770)
13.203. PRIOR OFFENSES.
A
conviction, plea of guilty, plea of nolo contendere or forfeiture of
bond for the violation of any of the laws of this state, or of the
United States relating to alcoholic liquor shall constitute prior
offense for the purpose of any prosecution, or for the purpose of
imposition of sentence for any subsequent violation of this chapter
13.204. SALES. PROHIBITED HOURS.
a.
All businesses which possess an on-premises consumption permit
for alcohol beverages shall be closed for business between the hours of
2:00 A. M. and 5:00 A. M, Monday through Saturday, and shall remain
closed between the hours of 12:00 midnight on Saturday and 5:00 A. M.
Monday.
b. It
shall be unlawful for any person or business to sell or offer for sale
any beer or wine between the hours of 2:00 A. M. and 5:00 A. M. Monday
through Saturday, and between the hours of 12:00 midnight Saturday and
sunrise Monday morning, except those establishments licensed by the
state to sell alcoholic beverages in containers of two (2) ounces or
less during lawful hours.
(1976
SC Code §61-9-90)
13.205. UNLAWFUL TO SELL UNLESS TAX PAID.
a.
It shall be unlawful for any person to sell or permit to be sold
any beer, ale, porter, wine, malt or other beverage authorized to
be sold under South Carolina statutes regulating same, on which tax
levied be not paid.(1976 SC Code §61-9-20)
b.
The first offense shall be a misdemeanor and within the jurisdiction
of the Magistrate’s Court.
13.206. MINORS. SALE.
It
shall be unlawful for any person to sell beer, ale, porter, wine or
other malt or fermented beverage to a minor under the age of twenty-one
(21) years.
(1976
SC Code §61-9-40, §61-9-80)
13.207. SAME. FALSE AGE.
It
shall be unlawful for any person to whom beer or wine cannot be lawfully
sold to knowingly give false information concerning his age for the
purpose of purchasing beer or wine.
13.208. SAME. PURCHASE OR POSSESSION.
a.
It shall be unlawful for any minor under the age of twenty-one
(21) years to purchase, or knowingly have in his possession any beer,
ale, porter, wine or any other similar malt or fermented beverage. Any
such possession shall be prima facie evidence that it was knowingly
possessed.
b.
This section shall not apply to any employee lawfully engaged in
the sale or delivery of any such beverage in an unopened container.
13.209. SAME. PURCHASE FOR TRANSFER.
It
shall be unlawful for any person to transfer beer, wine or alcoholic
liquor to persons under twenty-one (21) years of age for the purpose of
consumption.
(1976
SC Code §61 -1 3-287)
13.210. SAME. EMPLOYMENT.
It
shall be unlawful for any person under the age of twenty-one (21) years
to work as an employee, or otherwise, in a retail, wholesale or
manufacturing liquor business or business establishment or for any
person knowingly to employ any person under the age of twenty-one (21)
years in such business.
(1976
SC Code §61-13-340)
13.211. LICENSED PREMISES. DRINKING. POSSESSION PROHIBITED HOURS.
a.
It shall be unlawful for any person to drink alcoholic liquors on
the premises of any retail, wholesale or manufacturing alcoholic liquor
business or business establishment.
(1976
SC Code §61-13-350)
b.
Any person who drinks beer or wine or possesses beer or wine in
an open container between the hours of 12:00 midnight Saturday night and
sunrise Monday morning, at any place licensed to sell beer or wine, upon
conviction, shall be guilty of a misdemeanor.
(1976
SC Code §61-9-110)
c.
It shall be unlawful to sell, give away, disperse or permit the
consumption of any wine, beer or malt liquor in a place of business,
including the premises, between the hours of 12:00 midnight and 7:00 a.
m..
13.212. SAME. ACTS PROHIBITED. REVOCATION Of LICENSE.
No
holder of a permit authorizing the sale of beer or wine or any servant,
agent or employee of the permittee shall knowingly do any of the
following acts upon the licensed premises covered by such holder’s
permit:
1.
Sell beer or wine to any person while such person is in an
intoxicated condition;
2.
Permit gambling or games of chance;
3.
Permit any lewd, immoral or improper entertainment, conduct
or practices;
4.
Permit any act, the commission of which tends to create a
public nuisance or which constitutes a crime under local ordinances or
the laws of the state;
5.
Sell, offer for sale or possess any beverage or alcoholic
liquor the sale or possession of which is prohibited on licensed
premises under the laws of this state.
A
violation of any of the foregoing provisions shall be grounds for the
revocation or suspension of such holder’s permit by the state.
(1976
SC Code §61-9-410)
13.213. SAME. SALES AFTER LICENSE REVOKED, CANCELED OR
SUSPENDED.
It
shall be unlawful for any licensee, or any holder of a license, to sell
beer or wine at wholesale or retail, to sell or offer to sell beer or
wine after such license shall have been revoked or canceled or during
the period of a suspension of such license.
(1976
SC Code §61-9-440)
13.214. PUBLIC CONVEYANCES OR VEHICLES. SALES. DRINKING.
a.
It shall be unlawful for anyone to sell from any vehicle any quantity
of alcoholic liquors, stamped or unstamped.
(1976
SC Code §61 -1 3-374)
b.
Any person who shall drink alcoholic liquor in any public conveyance,
upon conviction, shall be deemed guilty of a misdemeanor.
13.215. PERMITTEE SELLING DRAFT BEER TO BE APPROVED BY DHEC.
No
person holding a retail permit to sell beer, ale, porter and other
similar malt or fermented beverages, issued by the state, shall sell
such beverages on draft, on tap or from kegs or other containers on the
premises described in the permit, unless approved by the rules and
regulations of DHEC governing eating and drinking establishments and
other retail food establishments.
(1976
SC Code §61-9-81 0)
13.216. SAME. PERMIT AND HEALTH CERTIFICATE TO BE POSTED.
Both
the permit issued by the state and the certificate of approval issued by
DHEC shall be conspicuously posted on the premises.
(1976
SC Code §61-9-820)
13.217. MANUFACTURE TO SELL, BUY, ETC, UNLAWFUL.
It
shall be unlawful for any person, firm or corporation to manufacture,
store, receive, transport, buy, sell, barter, exchange or deliver any
unlawfully manufactured alcoholic beverages in the corporate limits.
13.218. PURCHASE.
It
shall be unlawful for any person to purchase or otherwise procure any
alcoholic liquor other than that purchased from licensed dealers within
the state.
(1976
SC Code §61 -1 3-230)
13.219. CONSUMPTION AT CERTAIN PLACES. PUBLIC PROPERTY.
a.
It shall be unlawful for any person to consume alcoholic
beverages at places where athletic contests are being conducted and on
the grounds of a school, church or business parking lot.
b.
It shall be unlawful for any person to consume or have in his
possession beer, wine, or liquor in an open container on the sidewalks,
street, alleyways, roads or other public place within the corporate
limits of The Town of Campobello.
c.
Possession of such container shall constitute prima facia
evidence of a violation of this section.
d.
This section shall not be construed to prohibit the possession of
beer, wine or liquor in a closed container.
ARTICLE III.
AMUSEMENTS. DEVICES
Editor’s Note. Municipalities have the power to declare nuisances but
must enact them by specific ordinance and, even then, they are subject
to judicial review. (Morrison v. Rawlinson, 193, S.C. 25, 7 S.E. 2d 635
(1940).) (See §15.301, this code, for advertising noises.)
Video
poker machines are a current contentious problem for the South Carolina
General Assembly, in spite of recent court rulings. Until this matter
has been resolved by the state, this article has been added to provide
guidance for the Council if and when applications are received for such
machines. (Gambling is prohibited. See §14.303 of this code.)
The
Business License Ordinance of Campobello governs amusement devices as to
application for permits, inspections, verifications and revocations,
etc. This article derives from generally accepted municipal.
Practices.
13.301. DEFINITION OF TERMS.
As
used in this article, unless the context otherwise indicates:
AMUSEMENT DEVICE shall mean any machine for the playing of amusements or
video games, without free play feature operated by a slot wherein is
deposited any coin or thing of value.
1.
It also shall include any machine for the playing of games or
amusements, which has a free play feature, operated by a slot wherein is
deposited any coin or thing of value and such machine is of the
nonpayment pin table type with levers or flippers operated by the player
by which the course of the balls can be altered or changed.
2.
It also shall include any machine of the nonpayment type, in-line
pin game or video game with free play feature operated by a slot wherein
is deposited any coin or thing of value except machines of the
non-payout pin table type with levers or flippers operated by the player
by which the course of the balls can be altered or changed.
OPERATOR shall mean any person, firm, corporation, partnership or
association who maintains for use or permits the use of, on any place or
premises occupied by him, any amusement device as defined above.
OWNER
shall mean any person, firm, corporation, partnership or association
engaged in the business of selling or leasing amusement devices as
defined above.
13.302. HOURS OF OPERATION. CONDITIONS AND RESTRICTIONS.
All
businesses operating video poker and amusement machines licensed
pursuant to the 1976 South Carolina Code §12-21-2720 (A) (3) shall cease
operation of said machines between the hours of 2:00 A. M. and 5:00 A.
M. Monday through Saturday and between the hours of 12:00 midnight
Saturday and 5:00 A. M. Monday.
(1976
SC Code §61-9-90)
13.303. GAMBLING DEVICES NOT PERMITTED.
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling or gambling devices, the operation of
which is made unlawful under the laws of this state. (See also §14.418,
this code.)
13.304. MUSICAL DEVICES. HOURS OF BUSINESS.
It
shall be unlawful for any place of business having in its possession for
use any piccolo, nickelodeon, radio, television or other music-making
machine, to be open between the hours of 12:00 midnight and 8:00 a.m.
the following day.
13.305. SAME. REGULATING BUSINESSES.
It
shall be unlawful for any person to operate any coin-operated mechanical
device for making music in any place of business between the hours of
12:00 midnight and 8:00 a.m. or to operate such device between the hours
of 12:00 midnight on Saturday and 8:00 am. on the following Monday.
13.306. SAME. OPERATED LOUDLY.
It
shall be unlawful to operate at any time, any musical device of any
nature, however operated, that is operated so loudly as to make a noise
to disturb the repose of the community; provided, that this section
shall not prohibit the operation of a radio, television, electronic
games or other instruments in the home, which are so operated as not to
disturb the peace.
13.307. AMUSEMENT PLACES TO HAVE ENTRANCES OPENING ONTO
STREET.
All
places of public amusements, for safety purposes, shall have entrances
which open onto a public street.
13.308. CARNIVALS AND STREET SHOWS PROHIBITED WITHOUT PERMIT.
a.
All carnival or street shows or any business of the like are
hereby forbidden to show, parade or otherwise engage in business without
the written permission of the Council.
b.
Permits, when issued, shall specify the date, time, place, length
of show, duration of appearance and all other details as may be required
by Council.
13.309. DISTURBANCE AT ENTERTAINMENTS, GATHERINGS, ETC.
It
shall be unlawful for any person to behave disorderly in any public hall
or other place of amusement, entertainment or gathering or to enter the
same in a drunken condition or to interrupt any play, performance,
lecture, entertainment or service therein or any player, speaker or
other person taking part therein.
ARTICLE IV. OFFENSES AGAINST MORALITY, DECENCY AND PUBLIC WELFARE
Editors Note. This article derives from the 1976 South Carolina Code of
Laws, and generally accepted municipal practices and appropriate state
statutes.
13.401. IMMORAL PURPOSES. SOLICITATION, PREMISES.
It
shall be unlawful for any person to invite or entice any person upon any
street, public square or enclosure to accompany, go with or follow such
person to any place for immoral purposes, or to incite, entice or
address any person from any door, window, porch or portico of any house
or building, to enter any house, go with or accompany such person to any
place for immoral purposes.
(1976
SC Code §16-15-90)
13.402. SAME. TRANSPORTATION OF PERSONS.
It
shall be unlawful for any person to transport, carry, convey or assist
by aiding, abetting, encouraging, requesting or other, in transporting,
carrying, conveying in or accompanying by any ways and means whatsoever
any person for any immoral purpose.
(1976
SC Code §16-15-90)
13.403. SAME. INFORMATION OR DIRECTION.
It
shall be unlawful for any person to give information about any house or
place for immoral purposes, whether the communication be by word of
mouth, or direction, telephone or in writing.
(1976
SC Code §16-15-90)
13.404. SAME. LEASE. USE OF PLACES, ETC.
It
shall be unlawful for any person to take, rent, use or occupy any place
for immoral purposes.
13.405. BAWDY. HOUSES.
The
keeping of a bawdy house, disorderly house or a house of prostitution
within the corporate limits shall be deemed a misdemeanor for the owner
or lessee of any dwelling house, or other building situated within the
corporate limits, to let or sublet such dwelling house or other building
to any person to be used, or with the knowledge that the same is
intended to be used, and kept as a bawdy house or house of prostitution.
(1976
SC Code §16-15-90, §16-15-110)
13.406. ADULT CLUBS.
a.
Adult clubs are defined as businesses catering to adults for the
purpose of exciting its customers in a salacious manner.
b.
Such clubs are hereby declared unlawful in The Town of
Campobello.
13.407. OBSCENE MATERIAL DISPLAY OR SALE.
It
shall be unlawful for any person to post or make any indecent, obscene
or profane writing or pictures, or to make, sell, exhibit or offer for
sale any indecent or lewd book, picture or anything of like character.
(1976
SC Code §14-25-90, §16-15-150, et seq.)
13.408. INDECENT EXPOSURE. LANGUAGE.
It
shall be unlawful for any person to make any indecent exposure of his
person or to curse or use any obscene or indecent language or to permit
same on any of the streets, alleys or other public ways or places in the
town.
(1976
SC Code §16-15-130)
13.409. PEEPING TOMS.
It
shall be unlawful for any person to enter upon the private property of
another to spy or look into the windows or doors of any building located
on private property; provided, this section does not apply to police
officers in the actual discharge of their duties.
13.410. DISTURBING THE PEACE.
It
shall be unlawful for any person to conduct himself in such a manner as
to result in a disturbance of the peace to the inhabitants of the town
or to knowingly aid, assist or abet therein.
13.411. LOITERING.
a.
It shall be unlawful for any person to loiter in or upon any
street, park, public place or in any public building or obstruct the
access to any public building or any part thereof, or obstruct the
passage of any person through any public street, park or public place.
b.
For the purpose of this section, the term “loiter’ shall
encompass, but shall not necessarily be limited to, one or more of the
following acts:
(1)
Obstruction of the unhampered passage of pedestrians or vehicles;
(2)
Obstructing, molesting or interfering with any person lawfully
upon any street, park or other public place; or
(3)
Refusing to move when requested to do so by a Peace Officer,
provided the Peace Officer has exercised his discretion reasonably under
the circumstances in order to preserve or promote public peace and
order.
13.412. PUBLIC DRUNKENNESS.
It
shall be unlawful for any person to create a nuisance or disturbance
upon the public streets or in any public place in a drunken condition.
(1976
SC Code §16-17-530)
13.413. INTOXICATING BEVERAGES. DRINKING IN PUBLIC.
It
shall be unlawful for any person or persons to drink any kind of
intoxicating alcoholic beverages on the streets, alleyways, highways or
other such public places.
(1976
SC Code §1 4-25-90) (See §14.214, this code, for drinking in public
conveyances.)
13.414. INTERFERENCE WITH STREETS. SIDEWALKS ETC.
It
shall be unlawful for any person to close 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.
13.415. SPITTING.
It
shall be unlawful for any person to spit upon any sidewalk or other
public place, or upon the floor, walls or any other part of any building
or room which is used by the public.
(1976
SC Code §1 4-25-90)
13.416. SCHOOL DISTURBANCES.
It
shall be unlawful:
1.
For any person willfully or unnecessarily (a) to interfere with
or to disturb in any way or in any place the students or teachers of any
school, (b) to loiter about such school premises or (c) to act in an
obnoxious manner thereon; or
2.
For any person to enter upon any school premises or loiter around
the premises, except on business, without the permission of the
principal or person in charge.
(1976
SC Code §16-17-420)
13.417. DANCE HALLS UNLAWFUL ON SUNDAYS.
It
shall be unlawful for any person to keep open or operate any public
dance hall, or allow any person to continue thereat, between the hours
of 12:00 midnight Saturday, and 7:00 a.m, Monday, and all such places
shall be and remain closed to the public between such hours.
13.418. GAMBLING PROHIBITED. EXCEPTIONS.
a.
It shall be unlawful for any person to engage in gambling or games
of chance, to keep or operate, or permit to be kept or operated, any
slot machines, punch board, tip-board, or other device pertaining to
games of chance of whatsoever name or kind.
b.
Exceptions shall include automatic weighing, measuring,musical and
vending machines which are so constructed as to give a certain uniform
and fair return in value for each coin or bill deposited therein, and in
which there is no element of chance, as maybe permitted by state
statutes. (See also 14.303, this code.)
(1976
SC Code 16-19-40)
13.419. SAME. CONFISCATION AND DESTRUCTION OF PARAPHERNALIA.
Upon
the charging of any person in Municipal Court of a violation hereof, it
shall be the duty of the police, whenever possible, to seize and take
into possession any gaming device, machines, punch board, tip-board, or
other device of whatever name or kind pertaining to games of chance.
Upon conviction in Municipal Court, it shall be the duty of the police
officers of the town to destroy the gaming device of whatever name or
kind.
13.420. SAME. HOUSES UNLAWFUL.
It
shall be unlawful for any person or persons to keep or maintain a
gambling house or room or place where people resort to engage in
gambling or games of chance, or to permit gambling or games of chance in
any building on their premises or under their control.
13.421. FORTUNE-TELLING.
It
shall be unlawful, without a valid permit or license, to engage in the
business, trade or profession of fortune-telling, 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.
(1976
SC Code 40-41-310)
ARTICLE V.
OFFENSES AGAINST THE PEACE. PUBLIC POLICY
Editor’s Note, This article derives from the 1976 South Carolina Code of
Laws, and generally accepted municipal practices.
13.501. DISORDERLY CONDUCT. DEFINED.
a.
It shall be unlawful to conduct oneself in a disorderly manner
with the purpose to cause public inconvenience, annoyance, alarm or
recklessly create a risk thereof by:
(1)
Engaging in fighting, threatening, violent or tumultuous
behavior, breach of the peace; or
(2)
Making unreasonable noise 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 any act
which serves no legitimate purpose of the act; or
(4)
Existence of any disorderly, lewd or indecent conduct by
scurrilous, obscene, indecent or profane writing, picture, mark or
figure on any wall, fence, house or structure.
b.
For the purpose of this section “public” means affecting or
likely to affect any person or persons 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, any neighborhood, in
automobiles, etc.
(1976
SC Code §1 5-25-90, §16-17-530) (See §14.410 for “Disturbing the
Peace.”)
13.502. FIREARMS. CARRYING. EXCEPTIONS.
It
shall be unlawful for any person to carry about the person, whether
concealed or not, any pistol, except as follows:
1.
Any person carrying a permit issued by lawful authority, pursuant
to South Carolina statutes.
2.
Marshals, sheriffs, police officers or other law enforcement
officers, or peace officers of the federal government or other states
when they are carrying out official duties while in this state.
3.
Members of the Armed Forces of the United States or of the
National Guard, organized reserves or the state militia when on duty.
4.
Members of organizations authorized by law to purchase or receive
firearms from the United States or this state, or regularly enrolled
members of clubs organized for the purpose of target shooting or
collecting modern and antique firearms while the members are at or going
to or from their places of target practice, or their shows and exhibits.
5.
Licensed hunters or fishermen while engaged in hunting or
fishing.
6.
Any person regularly engaged in the business of manufacturing,
repairing, repossession or dealing in firearms, or the agent or
representative of that person while possessing, using or carrying a
pistol in the usual or ordinary course of business,
7.
Guards of common carriers, banks and other financial institutions
while engaged in that capacity and guards engaged in protection of
property of the United States or any agency thereof.
8.
Any authorized military or civil organizations while parading or
the members thereof when going to and from the places of meeting of
their respective organizations,
9.
Any person in his home, or upon his real property, or fixed place
of business.
10.
Any person in any vehicle where the pistol is secured in a closed
glove compartment or closed trunk.
11.
Any person carrying a pistol unloaded and in a secure wrapper
from the place of purchase to his home or fixed place of business or
while in the process of the changing or moving of one’s residence or the
changing or moving of one’s fixed place of business.
12.
Any night watchman while engaged in his duties as a night
watchman.
13.503. SAME. DISCHARGE. DANGEROUS DEVICES.
a.
It shall be unlawful for any person to point at or discharge or
cause to be discharged at any person any loaded or unloaded firearm of
any kind.
b.
It shall be unlawful, within the corporate limits, to fire, aim
or discharge any air rifle, pellet rifle, sling shot or other device, in
any manner, which may be intentionally used to harm any person or
property.
*See
Amended Firearms Ordinance 13.512(9-26-03)
c.
Nothing contained herein, however, shall be construed to abridge
the right of self-defense, to apply to theatricals or like performances
or to peace officers in the discharge of their duties.
(1976
SC Code §16-23-410)
13.504. CONCEALED WEAPONS.
Except
as herein provided, it shall be unlawful for any person to possess or
carry concealed about his person any dirk, metal knuckles, razor, ice
pick, or other weapon usually used for the infliction of personal
injuries.
(1976
SC Code §16-23-460)
13.505. SAME. CARRYING WEAPONS. KNIVES.
a.
It shall be unlawful for any person to carry about his person,
whether concealed or not, any dirk, slingshot, metal knuckles, razor or
other weapon usually used for the infliction of personal injury or
injuries. This section shall not apply to peace officers while in the
discharge of their duties.
b.
It shall be unlawful for any person within the town to possess
or
conceal upon his person any knife, measuring seven (7) inches or greater
in length either when opened or unopened, or any switchblade knife.
(1) For the purposes of this section,
the term “switchblade knife” shall mean any knife having a blade which
opens automatically, by hand pressure applied to a button or other
device in the handle of the knife, by operation or inertia, gravity or
both.
(2) This section does not apply to
pocket knives, which when open, do not exceed five and one-half (5 1/2)
inches in overall length.
(1976
SC Code §16-23-20)
13.506. CRIME WATCH AREA. CITY DESIGNATED.
The
Council hereby declares The Town of Campobello to be a “Crime Watch
Area,” and hereby authorizes the placing of signs upon highway
rights-of-way upon highways entering the town designating the community
as a “Crime Watch Area.” Appropriate signs shall be placed in accordance
with SCDOT regulations, as authorized by the General Assembly.
(1976
SC Code 57-1-90)
13.507. SWEARING FALSELY WHEN TAKING OATHS.
It
shall be unlawful for any person to willfully and knowingly swear
falsely under oath in giving evidence in the Municipal Court, or at any
other time or place within the corporate limits where an oath has been
taken before any person who may be qualified to administer oaths.
13.508. INTERFERING WITH WORSHIP, PUBLIC GATHERINGS OR MEETINGS.
It
shall be unlawful for any person to interfere with or disturb any
religious worship or public gatherings or meetings.
(1976
SC Code §16-17-520)
13.509. RIOTS. INSTIGATING, AIDING, PARTICIPATING.
Any
person, upon conviction of engaging in a riot, rout or affray when no
weapon was actually used and no wound inflicted, shall be subject to and
liable for each offense as a misdemeanor.
(1976
SC Code §16-5-120, §16-5-1 30)
13.510. NOISE. UNREASONABLE PROHIBITED.
a.
The creation of any unreasonably loud, disturbing and unnecessary
noises and noises of such character, intensity and duration as are
reasonably calculated to be detrimental to the life or health of any
ordinary, reasonable person are hereby prohibited.
b.
The following acts, among others, are declared to be loud,
disturbing and unnecessary noises in violation of this section; provided
however, that such enumeration shall not be construed to be exclusive of
other noises:
(1) The sounding of any horn or signal device on any
automobile, motorcycle, bus, streetcar or other vehicle while not in
motion, except as a danger signal if another vehicle is approaching
apparently out of control, or if in motion only as a danger signal after
or as brakes are being applied and deceleration of the vehicle is
intended; the creation by means of any such signal device of any
unreasonably loud or harsh sound; and the sounding of such device for
any unnecessary and unreasonable period of time.
(2) The playing of any radio, phonograph or any musical
instrument in such manner, or with such volume, particularly during the
hours between 11:00 p.m. and 7:00 a.m. as to create a noise such as is
reasonably calculated to disturb a person of ordinary disposition under
the same or similar circumstances residing in a dwelling or other type
of residence in the vicinity.
(3) The use of any automobile, motorcycle, streetcar or
vehicle so out of repair, so loaded or operated in such manner as to
create loud or unnecessary noises such as spinning or squealing tires,
grating, grinding, rattling or other noise.
(4) The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of danger.
(5) The discharge into the open air of the exhaust of any
steam engine, stationary internal-combustion engine, motor vehicle or
boat engine except through a muffler or other device which will
effectively prevent loud or explosive noises there-from.
(6) The use of any mechanical device operated by compressed
air, except pneumatic drills, unless the noise thereby created is
effectively muffled and reduced.
(7) The erection (including excavation), demolition,
alteration or repair of any building in a residential or business
district other than between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays, except in case of urgent necessity in the interest of public
safety, and then only with a permit from the town Council, which permit
may be renewed for a period of three (3) days or less while the
emergency continues.
(8) The creation of any excessive noise on any street
adjacent to any school, institution of learning, or court while the same
are in session, which unreasonably interferes with the working of such
institution,
provided conspicuous signs are displayed in such streets indicating that
the same is a school, institution or court street.
(9) The creation of a loud and excessive noise in
connection with the loading or unloading of any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(10) The sounding of any bell or gong attached to any
building or premises which is reasonably calculated to disturb a person
of ordinary disposition if such person were in the vicinity thereof,
provided, however, that this subsection shall not apply to houses of
worship.
(See
also §15.303, this code.)
(11) The shouting and crying of peddlers, hawkers and vendors
which disturbs the quiet and peace of the neighborhood.
(12) The use of any drum, loudspeaker or other instrument or
device for the purpose of attracting attention by creation of noise to
any performance, show or sale of merchandise.
(13) The use of loudspeakers or amplifiers on trucks or other
vehicles, except where specific license is granted by the Chief of
Police.
(14) The operation of any garage, service station, auto
repair business, taxi business, plant, store, factory or other place of
business, between the hours of 8:00 p.m. and 7:00 a.m. in a manner as to
create loud and disturbing noises, as to annoy or disturb the quiet and
comfort of any citizen, and particularly the creating of disturbing
noises as to annoy or disturb the quiet, comfort, peace or repose of any
person in any dwelling, hotel, boarding house or other type of
residence.
(15) The starting of a motor vehicle engine of any kind using
excessive acceleration or creating loud noises, or at any time to
commence or continue the movement of any such vehicle with the spinning
of tires or any other excessive noise. Any motor vehicle operated within
The Town of Campobello be kept under proper control at all times.
(16) The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose of
any persons in the vicinity.
(1976
SC Code §5-7-30. Morrison v. Rawlinson. 193 S. C. 25, S. E. 2d
635(1940))
(Editor’s Note. “The maximum noise ordinance fine that can be imposed
for a first offense is $200.00 plus
assessments.” 1992 Op Atty Gen. No. 92-51.)
13.511. DRUGS DEFINED. DECLARED UNLAWFUL.
a.
The term “Drug Paraphernalia” is hereby defined as equipment,
products and materials of any kind which are used, intended for use, or
designed for use, in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance.
b.
It shall be unlawful to possess drug paraphernalia within the
corporate limits with the intent of selling, donating, or otherwise
distributing same for use to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale,
or otherwise introduce into the human body a controlled substance in
violation of this section.
(Editor’s Note. Act No. 400 of the 1982 5. C. Legislature amended
§44-53-110 of the 1976 South Carolina Code of Laws, as amended, relating
to narcotics and controlled substances. This defined paraphernalia as
used in administering or preparing marijuana, hashish or oils thereof or
cocaine, to provide certain exceptions, to include paraphernalia in the
definition of deliver or delivery and to amend the 1976 code by adding
§44-53-391. That made it unlawful to advertise for sale, manufacture,
possess, sell or deliver or to
possess with the intent to sell or deliver paraphernalia.)
13.512
Amended Firearms Ordinance
TO
AMEND THE CODE OF THE TOWN OF CAMPOBELLO, SOUTH CAROLINA, TO AMEND
CHAPTER 13, ARTICLE V, SECTION 13.503b
BE IT
ORDAINED by the Mayor and members of Council of the Town of Campobello,
South Carolina, in council assembled:
Section 1 The Code of the Town of Campobello is amended
to add
the following Section to Chapter 13, Article V.
Section 2 Said Section shall read as follows:
Firearms.Discharge
Any
parcel of property larger than five acres within the town limits shall
be exempt from Firearms Ordinance restrictions for all legal hunting,
target practice and recreational use.
ARTICLE VI. OFFENSES AGAINST PROPERTY
Editors Note. This article derives from the 1976 South Carolina Code of
Laws, and generally accepted municipal practices.
13.601. MALICIOUS MISCHIEF.
It
shall be unlawful for any person to willfully or maliciously destroy or
in any manner injure any property, real or personal, public or private,
not his own within the Town of Campobello.
13.602. DAMAGING PROPERTY.
Any
person or persons who shall damage any goods, wares or merchandise, or
other personal property of another person, or any public property, or
who shall damage or destroy any fencing, trees, shrubbery or buildings
on the land of another or belonging to any other person or persons, upon
conviction, shall be guilty of a misdemeanor.
(1976
SC Code §16-11-510, §16-11-520)
13.603. FAILURE TO LEAVE PREMISES WHEN ORDERED.
Any
person or persons who, when requested to leave the premises of another
or the house wherein any one or more persons shall conduct business
(except offices of public officers), shall refuse to do so, upon
conviction, shall be guilty of a misdemeanor.
(1976
SC Code §16-11-620. State v. Hanapole, 255 S. C. 258, 178 S. E. 2d 247
(1970))
13.604. PETIT LARCENY. DEFINED.
a.
Petit larceny is hereby defined as any article of goods, choices
in action, bank bills, bills receivable, chattels or other article of
personalty of which, by law, larceny may be committed or of any such
fixture or part or product of the soil, severed from the soil by an
unlawful act, or has a value of one thousand dollars
($1,000.00).
b.
The act is hereby declared to be a misdemeanor.
13.605. STOLEN GOODS.
Any
person who shall buy, receive, or have in his possession any goods or
chattels or other property, knowing the same to have been stolen, upon
conviction, shall be guilty of a misdemeanor.
(1976
SC Code §16-1 3-1 80)
13.606. TRESPASSING.
a.
For the purposes of this section, private property shall mean the
house and land surrounding the house, either owned or rented or occupied
by any person.
b.
Every entry upon the lands of another where any horse, mule, cow,
hog or any other livestock is pastured, or any other lands of another,
after notice from the owner or tenant prohibiting such entry, shall be a
misdemeanor and be punished by a fine not to exceed five hundred dollars
($500.00), or by imprisonment for a period not exceeding thirty (30)
days.
c.
When any owner or tenant of any lands shall post a notice in four
(4) conspicuous places on the borders of such land prohibiting entry
thereon, a proof of the posting shall be deemed and taken as notice
conclusive against the person making entry, as aforesaid, for the
purpose of trespassing.
d.
Any person entering upon the lands of another for the purpose of
hunting, fishing, trapping, netting, gathering fruit, wild flowers,
cultivated flowers, shrubbery, straw, turf, vegetables or herbs or
cutting timber on the same, without the consent of the owner or manager
thereof, upon conviction, shall be guilty of a misdemeanor.
(Editor’s Note. For detailed information regarding this subject, please
refer to Title 16, Chapter 11, of the 1976 South Carolina Code of Laws,
as amended.)
13.607. SIGNATURE OR PROPERTY. OBTAINING BY FALSE PRETENSES.
Any
person who shall, by any false pretense or representation, obtain the
signature of any person to any written instrument or shall obtain for
any other person any chattel, money, valuable security or other
property, real or personal, if the sum of the written instrument or the
value of the property so obtained does not exceed two hundred dollars
($200.00), with the intent to cheat and defraud any person of such
property, upon conviction, shall be guilty of a misdemeanor and the
punishment shall be not more than is permitted by law without
presentment or indictment by the grand jury.
13.608. CREDIT CARDS. OBTAINING CREDIT OR PROPERTY UNLAWFULLY.
a.
The term “credit card,” as used in this section, means an
identification card, credit number, credit device or other credit
document issued to a person by a business organization which permits
such person to
purchase or obtain goods, property or services on the credit of such
organization.
b.
The word “notice,” as used in this section, shall be construed
to include whether notice given to the
purchaser in person or notice given to him in writing. Such notice in
writing shall be presumed to have been
given
when deposited as registered or certified matter, in the United States
mail, addressed to such person