§ 1-8. General penalty; continuing violations.  


Latest version.
  • (a)

    Code or ordinance violation declared to be unlawful, or an offense, or a misdemeanor; abatement. Wherever in this Code or in any ordinance of the county any act is declared to be unlawful, or an offense, or misdemeanor, or whenever in such Code or ordinance the doing of any act is required, and the failure to do any act is declared to be unlawful, or an offense, or misdemeanor, and where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be subject to a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding thirty (30) days, or both. In lieu of fine or imprisonment, under the appropriate circumstances, a violator may be given up to thirty (30) days of public service. Each day any violation of any such provision of this Code or of any such ordinance shall continue shall constitute a separate offense, except as otherwise may be provided. In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any such provisions of this Code or of any such ordinance may be abated by the county by restraining order, injunction, or other means provided by law, and the county may take the appropriate action to recover the costs of the action taken to abate.

    (b)

    Code or ordinance violation declared to be an infraction or a public nuisance; abatement. Whenever in this Code or in any ordinance of the county any act is declared to be an infraction or public nuisance, or whenever in such Code or ordinance the doing of any act is required, and the failure to do any act is declared to be an infraction or public nuisance, and where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be subject to a fine not exceeding two hundred dollars ($200.00). In lieu of fine, under the appropriate circumstances, a violator may be given up to thirty (30) hours of public service. Each day any violation of any such provision of this Code or of any such ordinance shall continue shall constitute a separate offense, except as otherwise may be provided. In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any such provisions of this Code or of any such ordinance may be abated by the county by restraining order, injunction, or other means provided by law, and the county may take the appropriate action to recover the costs of the action taken to abate.

    (c)

    Warnings, citations and notices. Any person who violates any provision of this Code or any ordinance of the county may be issued a warning or notice that the person is in violation of the Code or ordinance, or notification that certain action is necessary to comply with the Code or ordinance, in lieu of or in addition to, any penalties provided for a violation of the Code or ordinance. Any warning or notice shall state the bond/fine set for the violation, if any, and the date and time at which the violator is to appear before the magistrate's court, if applicable. The procedures governing the issuance, form and content of warnings and notices shall be prescribed by the county administrator or his designee, or otherwise as set forth in this Code.

(Ord. No. 60-09, § 1, 9-1-09)

State law reference

Authority to provide penalties for ordinance violations not in excess of jurisdiction of magistrates' courts, S.C. Code 1976 § 4-9-30(14); jurisdiction of magistrates' courts, S.C. Code 1976 § 22-3-550.

Cross reference

Courts, Ch. 7; offenses and miscellaneous provisions, Ch. 13; sheriff, Ch. 17.