THE CODE OF THE
Table of Contents
Chapter 1. THE CODE
Chapter 2. ADMINISTRATION
Article I. In General
Chapter 3. ANIMALS AND FOWL
4. BUILDINGS, HOUSING,
Chapter 5. FINANCE
Chapter 6. FIRE PROTECTION
Chapter 7. PUBLIC HEALTH AND SANITATION
Chapter 8. OFFENSES
Chapter 9. STREETS, SIDEWALKS, PARKS, AND TREES
Chapter 10. TRAFFIC AND MOTOR VEHICLES
Chapter 11. FRANCHISES
Chapter 12. ZONING
Chapter 13. FEES
Appendix A – Uniform Summons
Appendix C – Business License Ordinance
An Ordinance Adopting and Enacting a New Code for the Town of McClellanville, South Carolina; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending and Supplementing Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.
Be It Ordered
and Ordained by the Town of
Section 1. That the Code of the Town of
McClellanville, South Carolina, consisting of Chapters 1 to 13, each inclusive,
and with Appendices, is hereby adopted and enacted as the “Code of the Town of
McClellanville, South Carolina,” and shall be treated and considered as a new
and original comprehensive ordinance which shall supersede all other general
and permanent ordinances of the Town passed on or before June 1, 2012.
Ratified in Town
Council this 4th day of June, 2012, in the 236th year of the
Rutledge B. Leland, III, Mayor
ATTEST: Mary S. Duke, Clerk of Council
Chapter 1. THE CODE
Section. 1.100. How Code designated and
Section. 1.101. Definitions and rules of
construction – Generally.
Section. 1.102. Same—Officers, agents,
etc., of the Town.
Section. 1.103. Same - Acts prohibited
Section. 1.104. Provisions considered as
continuation of existing ordinances.
Section. 1.105. Catchlines of sections.
Section. 1.106. Police power extended to
Section. 1.107. Incorporation by
Section. 1.108. Effect of repeal or
expiration of ordinance.
Section. 1.109. Liability for violations
by corporations, etc.
Section. 1.110. General penalty;
Section. 1.111. Severability of parts of
Section. 1.112. Ordinances not affected by adoption of Code.
(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 the ordinance adopting this Code;
(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 obligations assumed by the Town;
(3) The administrative ordinances or resolutions of the Town not in conflict or inconsistent with the provisions of this Code;
(4) Any ordinance or resolution fixing salaries of officers or employees of the Town;
(5) Any appropriation ordinance or resolution;
(6) Any right or franchise granted by the council to any person, firm or corporation;
(7) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the Town;
(8) Any ordinance or resolution establishing and prescribing the street grades of any streets in the Town;
(9) Any ordinance or resolution providing for local improvements or assessing taxes therefore;(10) Any ordinance establishing fees, rates, and charges, not inconsistent with this Code;
(11) Any ordinance establishing Town boundaries or annexing property to the Town;
(12) Any zoning or subdivision ordinance of the Town or amendments thereto;
(13) Any ordinance authorizing formation of joint agencies with other governments;
(14) Ordinances or resolutions prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, speed limits and other specific traffic regulations, not inconsistent with this Code;
(15) Any ordinance levying taxes;
(16) Any ordinance enacted after
nor shall such repeal be construed to revive any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by the ordinance adopting this Code.
Section. 1.113. Uniform Ordinance Summons.
Any person or entity violating any
provision of the Code of the Town of McClellanville, or any code adopted
pursuant thereto, within the corporate limits of the Town of McClellanville,
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 is issued and served. The
uniform ordinance summons may be issued by any Town enforcement officer or any
other Town employees designated by the Council as code enforcement officers.
The bond amount for violation shall be prescribed by the chief municipal court
judge. Code enforcement officers are prohibited from accepting bonds. 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. This
section does not apply to any ordinance which regulates the use of motor
vehicles on the public roads. The form set forth in Appendix A to this Code is
hereby adopted as the Town of
Chapter 2. ADMINISTRATION
Section 2.100. Form of Government.
Section 2.101. Composition and Election of Council.
Section 2.102. Compensation of Mayor and Council.
Section 2.103. Term of Mayor and Councilmen.
Section 2.104. Oath of Mayor
“I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected and that I will, to the best of my ability discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.
As Mayor (or Councilman) of the Town of McClellanville, I will equally, fairly, and impartially, to the best of my ability and skill, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect according to the law the purposes for which I have been elected. So help me God.”
Section 2.105. Ordinances – For Benefit
Section 2.106. Style of Ordinances.
Section 2.107. Ordinances – Entered in
Section 2.108. Notation of Amending or
Section 2.109. Introduction of
Section 2.110. Enactment of Ordinances.
Section 2.111. Introduction of a
Section 2.112. Adoption of a Resolution.
Section 2.200. Date of Election; Term of
Sections 2.201. Vacancies; Special Elections.
Section 2.202. Nominations.
Section 2.203. Notice of Election.
Section 2.204. Municipal Election
Section 2.205. Powers and Duties of
Municipal Election Commission.
Section 2.206. Hours Polls Open; Conduct
Section 2.207. Contests.
Section 2.208. Appeal of Decision by
Municipal Election Commission.
Section 2.209. Transfer of Authority to
Conduct Elections to
accordance with the authority devolved by S.C. Code §
BE IT ALSO FURTHER ORDAINED that the following specific authority is hereby transferred to the Charleston County Board of Elections and Voter Registration:
Section 2.300. Meeting for the Election of Officers.
Section 2.301. Duty to Attend Council
Section 2.302. Date and Time of Council
Section 2.303. Minutes of Council
Section 2.304. Mayor to Preside; Quorum.
Section 2.305. Robert’s Rules of Order.
Section 2.306. Order of Proceedings of Council.
The order of the proceedings of Council shall be as follows:
(a) Reading of the minutes of the last meeting of the Council.
(b) Reports or communications from municipal officers.
(c) Unfinished business, ordinances, resolutions, etc., reports from committees and suggestions from members.
(d) Report from special committee.
(e) Report from treasury given with amount collected from all sources and payments made in accordance with vouchers approved.
Section 2.307. Addressing the Council.
Section 2.308. Recognition of Speakers.
Section 2.309. Voting.
Section 2.310. How Often Members May Speak.
Section 2.311. Reasons for Voting May Be Recorded.
Section 2.312. Interested Member or Mayor Not To Vote.
Section 2.313. Devolution Of Powers and Duties When Mayor
Absent Or Incapacitated.
Section 2.400. Standing Committees.
(a) The Finance Committee to consist of the Mayor and all the councilmen. The duties of this committee shall include the preparation no later than the first day of May in any year of a budget for the following fiscal year. All matters in any way concerning the finances of the Town shall first be referred to this committee.
(b) The Streets and Public Works Committee to consist of two members whose duties shall be to direct the repairing and building of sidewalks, roadways, drains, playgrounds and parks; to supervise all work being done by contract on all sidewalks, streets, roadways, drains, playgrounds and parks; to call for estimates for lighting the Town and to make proper repairs and supervise repairs that may occur in defective streets or defective lighting of the Town; to recommend hiring of additional personnel for cleaning, repairs or other maintenance necessary in the proper maintenance and care of all sidewalks, streets, roadways, drains, playgrounds and parks to the Finance Committee of the Council.
(c) The Personnel Committee to consist of two members whose duties shall be to oversee the hiring, employment practices, firing, and personnel policy changes for municipal employees.
Section 4.201. Appointment and Term of
Section 4.202. Special Committees From
Time To Time As Occasion May Require.
Section 2.500. Chief Executive Officer.
Section 2.501. Emergency Powers Of Mayor.
Section 2.600. Meeting for the Election
of Officers And Employees.
Section 2.601. Vacancies In Offices.
Section 2.602. Salaries.
Section 2.603. Enforcement Of
Ordinances, Laws, Etc.
Section 2.604. Right of Entry.
Section 2.605. Resisting Or Interfering
With Municipal Officers Or Employees.
Section 2.606. Term of Officers And
Section 2.700. Election.
Section 2.701. Salary.
Section 2.702. Bond.
Section 2.703. Collection of Claims and
Section 2.704. Receipt of Town Monies.
Section 2.705. Issuance of Licenses and
Section 2.706. Collection of License
Section 2.707. Bills To Be Paid.
Section 2.708. Payment of Other Bills.
Section 2.709. Deposit of Town Funds.
Section 2.710. Account of Town Money;
Monthly Balance And Report To Council.
Section 2.711. Monthly Statement.
Section 2.712. Town Financial Statement.
Section 2.713. Notice of Council
Section 2.715. Custody of Town Seal.
Section 2.716. Other Duties.
Section 2.800. Election.
Section 2.801. Duties and Compensation.
Section 2.900. Election; Jurisdiction.
Section 2.1000. Election of Town Marshal.
Section 2.1001. Term
Section 2.1002. Salary
Section 2.1003. Removal or Suspension.
Section 2.1004. Bond of Marshal.
Section 2.1005. Inspection of Street
Section 2.1006. Duties – Generally.
Section 2.1007. Collection and
Disposition of Fines and Fees.
Section 2.1008. Patrol of Town.
Chapter 3. ANIMALS AND FOWL
3.100. Vicious Dog Not To Run At Large.
Section 3.101. Inoculation Required.
Section 3.102. Inoculation Tags.
Section 3.103. Unauthorized Removal of
Section 3.104. Rabies - Duty
of Owner to Report.
Section 3.105. Rabies - Power and Duties of Town Marshal.
Section 3.106. Nuisances - Howling, Diseased,
Destructive Dogs, Vicious Animals.
3.107. Bitches in Heat.
3.108. Impounding Estrays.
3.109. Disposition of Impounded Dogs.
3.110. Recovery of Impounded Dogs.
3.111. Duty of Impounding Officers.
Section 3.200. Vicious Animal Statute.
purpose of this ordinance is to enable to Town of
(1) “Vicious animal” means any animal that when unprovoked inflicts bites or attacks a human being or domestic animal on any property other than the property where the animal resides, or in a threatening or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places.
A Vicious animal does not include an animal which
attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully
upon the premises of the owner, as established by
b. An animal is not a “Vicious animal” solely by virtue of its breed or species.
(2) An animal is deemed to be “under restraint” if on the premises of its owner or, if off the premises of its owner or keeper, is accompanied by its owner or keeper and under the physical and/or verbal control of its owner or keeper.
(3) “Confined” means the animal must be kept securely indoors or confined in a securely enclosed fence or securely enclosed locked pen or run area upon the owner’s or keeper’s premises.
c. Keeping of Vicious Animals
It is unlawful in the Town of
(1) Keep a vicious animal on land owned, leased or controlled by him unless the animal is under restraint by fence, chain, or other means so that the animal cannot reach persons not on land, owned, leased or controlled by him, or keep a vicious animal or allow a vicious animal on land not owned, or leased or controlled by him unless such animal is under restraint.
(2) Release or take out of impoundment or quarantine without proper authority any dog or cat or resist county or municipal shelter personnel engaging in the capture and impoundment or quarantine of an animal.
d. Filing a Complaint; Investigation
Except in cases of emergency, the Town of
1[It is the intent of the Town at some point to provide a form for the complaining party to fill out in order to comply with this requirement. However, until that time it will be sufficient for the complaining party to draft a written complaint outlining in as much detail as possible the facts of the incident in question]
not limited to, the date and time of the incident, the
location of the incident, all witnesses to the incident and the owner of the
animal in question. Emergency cases are
those that involve physical injury to a person or domestic animal and that is
reported to the Town
When the complaint is filed, the Town
Upon the filing of a complaint, the Town
(5) At the conclusion of the Town Marshal’s investigation, both the injured or aggrieved party and the owner or keeper of the subject animal will be notified in writing by the Town administrator of the Marshal’s findings.
Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, will incur the following penalties:
(1) For a first offense, a monetary fine up to $250 fine;
(2) For a second and subsequent offense, a monetary fine up to $500.
Chapter 4. BUILDINGS, HOUSING, AND URBAN DEVELOPMENT REGULATIONS
The following Ordinance was adopted by the Mayor and Town Council on August 3rd, 2015, and reads:
WHEREAS, the laws of the State of South Carolina requiring the enforcement of Construction Codes as promulgated by the South Carolina Building Codes Council, and;
WHERAS, it is in the best interest of the citizens of McClellanville to provide management of the flood hazard areas in Town in order for the citizens to be able to receive federally subsidized flood insurance through the National Flood Insurance Program, and to be eligible for Federal funding in the event of a disaster, and;
WHEREAS, the Town of McClellanville has a responsibility to provide continuity of services to the citizens of the Town,
BE IT ORDERED AND ORDAINED BY THE TOWN OF MCCLELLANVILLE, SOUTH CAROLINA, IN COUNCIL ASSEMBLED AND BY THE AUTHORITY THEREOF ADOPTS BY REFERENCE:
Charleston County Ordinance No. 1838: An Ordinance Amending Chapter 9 of The Code of Ordinances, Charleston County, Entitled "Flood Damage Prevention and Protection" with the exception of section 9.40 General Standards, subsection 1.b, is amended to read "be constructed to meet or exceed the required Design Flood Elevation (DFE) which is the base flood elevation plus a one (1) foot freeboard" and;
Ordinance No. 1839: An Ordinance Amending Chapter 4 of the Code of Ordinances, Charleston County, Entitled "Buildings and Building Regulations" and Chapter 8 of the Code of Ordinances, Charleston County, Entitled "Fire Prevention and Protection" and;
Charleston County Ordinance No. 1840: An Ordinance Amending those Portions of the Charleston County Code Section 2-137 Dealing with Fees in the Building Inspections Department.
This ordinance authorizes the Mayor to enter into an Intergovernmental Agreement with the County of Charleston with a 30-day termination option to provide the services required by the Ordinances.
Chapter 5. FINANCE
Section 5.100. Assessment of Property.
The Assessment upon which all Town taxes shall be predicated shall be the assessment for state
taxes as determined by the Charleston County Board of Assessors and
Equalization as listed in the records of the
Section 5.101.Tax Books.
The tax books for the Town will be kept in the office of the Charleston County Auditor. The books shall constitute the assessment for the purpose of taxation by the Town.
Section 5.102. Property Subject To Taxation.
All property, real, personal and mixed, within the corporate limits of the Town, except such as is exempt by state law from taxation, shall be subject to taxation by the Town.
Section 5.103. Tax Levy.
At its regular meeting in June of each year the Town Council of McClellanville shall levy by ordinance a tax at such rate, not exceeding the limit permitted by law, as shall be necessary for the general purposes of the Town in accordance with the Town budget for such fiscal year.
Section 5.104. When Taxes Due & Payable; To Whom Paid.
All taxes levied by the Town Council
of McClellanville shall be due and payable between the first day of November
and the fifteenth day of January in each calendar year and shall be paid to the
Charleston County Treasurer,
Section 5.105. Municipal Tax Lien.
All taxes levied upon any real or personal property, together with any penalties, when they shall have become due, shall constitute, until paid in full, a lien upon the property upon which the tax is levied paramount to all other liens, except that for the State and County taxes.
Any tax not timely paid shall be assessed the penalties as provided by State law.
Section 5.107.Execution for Delinquent Taxes.
Any tax and applicable penalties not timely paid shall result in an execution against the defaulting taxpayer and the sale of so much of the defau1ting taxpayer’s estate, real, personal or both, as may be sufficient to satisfy the Town taxes with the penalties thereon in accordance with the procedure set by State law.
Section 5.200. In General.
firm, corporation or other entity engaged in or intending to engage in any
trade, occupation, business or profession within the limits of the Town of
Section 5.201. Late Penalties.
Any person, firm, corporation or other entity failing to pay the tax when due shall pay, in addition to the regular amount of tax due, such penalties as may be prescribed by the Business License Ordinance as set forth in Appendix C to this Code.
Section 5.202. Failure to Register.
Any person, firm, corporation or other entity exercising or carrying on any trade, occupation, business or profession, or operating any establishment for which a license is required by this Article without first having registered as provided herein, shall, upon conviction, be liable to a monetary fine or imprisonment, or both, in accordance with State law applicable to violations of municipal ordinances.
Section 5.203. Rates.
Rates for business licenses shall be as prescribed by Town Council by an ordinance adopted for that purpose.
Chapter 6. FIRE PROTECTION
Section 6.100. Fire Limits.
The corporate limits of the Town shall constitute the fire district. The provision of fire service within the fire district shall be pursuant to such terms and conditions as deemed appropriate by the Town Council.
ARTICLE II. FIREARMS, FIREWORKS
Section 6.200. Discharge of Firearms, and Explosives Prohibited.
It shall be unlawful to shoot
or discharge any firearms, or explosives within the corporate limits of the
Section 6.201.1. Use of Fireworks .
Enforcement and penalties:
Section 6.300. Open Burning Prohibited.
Open burning is prohibited except as provided below:
A. Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences and burned on those premises.
B. Open burning in connection with the preparation of food for immediate consumption.
C. Campfires and fires used solely for recreational purposes, ceremonial occasions, or human warmth
D. Fires purposely set to forest lands for specific management practices in accordance with guidelines acceptable to the Department and as administered by the South Carolina Forestry Commission, Such management practices shall include:
1. Prescribed burning under existing standards for various management objectives; and
2. Site preparation burning for purposes of clearing an area for regeneration.
E. Fires purposely set for agricultural, control of diseases, weeds, pests, and other specific agricultural purposes in accordance with practices acceptable to the Department of Health and Environmental Control.
F. Open burning of trees, brush, grass and
other vegetable matter for genie management purposes in accordance with
practices acceptable to the Department of Health and Environmental Control and
the Town of
G. Open burning in areas other than predominantly residential for the purpose of land clearing or right-of-way maintenance. This will be exempt only if the following minimum conditions are followed:
1. (a) Such person shall have cleared around the area to be burned and have immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread.
(b) The person starting the burning shall supervise carefully the fire and have it under control prior to leaving the area.
2. Winds during the time of the burning must he away from any area in which the ambient air may be significantly affected by smoke from the burning if that area contains a public roadway or a residential, commercial., or industrial site,
3. The amount of dirt on the material being burned must be minimized.
4. No heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth may be burned.
5. The initial burning must be started only between the hours of and No combustible material may be added to the fire between of one day and the following day.
6. No more than 2 piles 30 feet x 30 feet or equivalent may be burned within a six-acre area at one time; and
7. In the case of land clearing, all salvageable timber and pulpwood must be removed.
H. Burning is prohibited during periods of emergency. No burning shall be carried out during any period which the Governor has declared that an emergency exists in connection with forest fires or the fire department serving the Town deems conditions to be unfavorable.
I. A permit to burn must be issued by the fire department serving the Town
J. The State Forestry shall have jurisdiction within Town limits.
K. Fires set for the purpose of training public fire-fighting personnel when authorized the appropriate governmental entity, and fires set by a private industry as a part of an organized program of drills for the training of fire-fighting personnel shall be exempt only if the drills are solely for the purpose of fire-fighting training and the duration of the burning is held to the minimum required for such purposes, Prior approval is required only for sites which are not established training sites.
notification to the Chief of the fire department serving the Town of
A written report or warning to a person of a violation at one site shall be considered
adequate notice of the ordinance and subsequent observed violations at the same or
different site will result in appropriate legal action.
Chapter 7. PUBLIC HEALTH AND SANITATION
Section 7.100. Construction of Wells and Septic Tanks.
No well or septic tank within the Town of McClellanville shall be constructed except in accordance with the rules and regulations of the South Carolina Department of Health and Environment and Charleston County Health Department. Possession of a permit from the Charleston County Health Department constitutes conclusive evidence of compliance herewith.
Section 7.101. Existing Wells and Septic Tanks.
The Town Council of McClellanville for the protection, health and welfare of the inhabitants of said Town may from time or any time require the closing of any contaminated septic tank or privy which does not comp1y with the requirements of the South Carolina Department of Health and Environmental Control or the Charleston County Health Department. Such action shall be taken at the expense of the property owner and in the event such property owners shall fail to take such action after due notice by the Town officials, such action taken by the Town and the costs thereof charged to such owner. Any such charge shall constitute a lien against the property where the septic tank or privy is located and be collectable in the same manner as Town taxes.
Section 7.200. Garbage and Refuse Collection.
Garbage and trash shall be collected according to such rules and regulations as the Town Council may, from time to time, adopt.
Section 7.201.Type of Garbage Container Required.
All garbage shall be placed in secure, covered containers set out adjacent to the street so as to be accessible to the driver of the collecting vehicle. No garbage or trash container shall be left on the street after collection has been made.
Section 7.202. Throwing Paper and Trash on Streets Prohibited.
person or persons shall throw or cause to be thrown waste paper, paper bags,
drinking cups or trash on the streets in Town of
Section 7.203. Trash, Unsightly and Unhealthy Conditions on Property/Public Nuisances.
Section7 .203.1. Definitions. The following words and terms when used in this section shall for the purpose of this section have the meanings respectively ascribed to them by this section:
(a) Abatement means the removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
the owner of record based on the
(c) Property means any real property, premises, structure or location on which a public nuisance is alleged to exist.
(d) Public nuisance means any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, damage or injury to any one or more individuals in the Town, in any one or more of the following particulars:
(1) By reason of being a menace, threat and/or hazard to the general health and safety of the community.
(2) By reason of being a fire hazard.
(3) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
Public nuisances shall also include but not be limited to the following acts, omissions, conditions or things:
(4) All obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian cross-walk.
(5) All abandoned vehicles as defined in this Code.
(6) Carcasses of animals not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death.
(7) Decayed animals, trash, rubbish, or discarded materials in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
(8) Any abandoned mechanical equipment including but not limited to refrigerators, freezers, air conditioners, heat pumps, boilers or furnaces.
(9) Any animal that when unprovoked inflicts bites or attacks a human being or domestic animal on any property other than the property where the animal resides, or in a threatening or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places.
Section 7.203.2. Public nuisances prohibited.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Town.
Section 7.203.3. Public nuisance; abatement.
a complaint is made to the Town
(a) The owner of the property shall be determined from the records in the county tax assessor’s office and a written notice shall be served on the owner by leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the county tax assessor’s records, or by copy mailed to such owner at such place or address by United States certified mail return receipt. If service of such written notice is unable to be perfected by any of the methods described above, a copy of the aforementioned said notice shall be published in a newspaper of general circulation in the Town once a week for two (2) consecutive weeks, and a copy of the aforesaid notice shall be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, a copy of the notice shall be posted at such structure, location or premises.
(b) The aforesaid notice to the owner of the property shall state clearly and concisely the findings with respect to the existence of a public nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the public nuisance, pursuant to the orders contained in the notice, the public nuisance shall be abated by the Town at the expense of the owner.
(c) Any person who is the record owner of the premises, location or structure at the time an order pursuant to this section is issued and served upon him, shall be responsible for complying with that order, and liable for any costs incurred by the Town therewith, notwithstanding the fact that he conveys his interests in the property to another after such order was issued and served.
(d) It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed.
(e) Within thirty (30) days after the postmark,
or publication or posting if applicable, of a notice to abate a nuisance, the
owner of the affected property shall remove and abate such nuisance, or if the
nuisance cannot reasonably be removed and abated in such time, the owner of the
affected property shall commence the removal and abatement of the nuisance and contact
(f) The owner or occupant of the property who has been served with a notice pursuant to this section that a public nuisance exists and that it must be abated within thirty (30) days, may, within ten (10) calendar days after receipt of such notice, make a written demand for a hearing on the question of whether a public nuisance in fact exists. The hearing as allowed under this section shall be held as soon as practical, but in any event no later than thirty (30) calendar days following receipt by the Town of the written demand, and at least two (2) days notice of the hearing shall be given to the individual who made the written demand for the hearing. The individual requesting the hearing shall be advised of the time and location of the hearing and the right to present evidence and to be represented by counsel. The hearing shall be informal and the decision of the board, as defined hereafter, shall be final.
(g) The hearing shall be conducted by the McClellanville Building Codes Board of Appeals. The board may affirm, amend or modify the notice and/or order, or extend the time for compliance by the owner by such date, all as the majority of the board may determine.
(h) As an alternative to the above procedure, Council, at its discretion and after considering the complexity, cost, time required and other factors, may refer the matter to Charleston County. If referred to Charleston County, it will be addressed under the Charleston County Code which has been adopted by the Town of McClellanviIIe.
Section 7.203.4. Abatement by Town; cost of abatement; court action.
(a) If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Town shall cause the abatement or removal of such public nuisance.
(b) In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Town shall become a lien upon the real estate and shall be collectable in the same manner as municipal taxes. Nothing contained in this article shall prohibit the Town from exercising its rights to cause an action to abate such nuisance to be commenced in the name of the Town in a court of competent jurisdiction in accordance with the provisions of the state statutes.
Section 7.203.5. Building Official.
Nothing herein shall be construed to limit the authority or powers of the Building Official as is otherwise provided in this Code.
Section 7.203.6. Misdemeanor.
The maintenance of a public nuisance constitutes a misdemeanor punishable by a fine of up to $500 and/or imprisonment for up to 30 days, and nothing in this section shall be construed as limiting the ability of the Town to prosecute a violation of this section before the Town magistrate or any other court of competent jurisdiction.
ARTICLE III. SMOKING IN
Section 7.400. Findings.
Town Council makes the following findings:
(1) It has been shown that the smoke produced by the smoking of cigarettes, cigars and pipes is both hazardous and detrimental to the health, welfare and comfort of smokers and nonsmokers; and
(2) The surgeon general has reported that smoking is a significant cause of cancer, heart disease and lung disorders in smokers and passive smokers (those inhaling the smoke of others); and
(3) The Town Council of McClellanville in furtherance of its duty to provide such regulations as may be necessary to protect the health of its citizens and minimize the incidents of disease of its population, and to provide a working environment for its employees and the general public which is reasonably free of hazards and distractions, such as smoke, and in furtherance of the objectives of the Clean Indoor Air Act of 1990, deems it to be in the public interests to regulate smoking in the Government Services Building of the Town.
Section 7.401. Definitions.
(1) Smoking means the lighting or carrying of a lighted cigarette, cigar, pipe, or similar device or any other lighted “smoking materials.”
(2) Smoking materials includes cigars, cigarettes and all other manner of smoking devices intended to be used for the purposes of inhaling and exhaling smoke.
Section 7.402. Smoking prohibited.
prohibited in the
Section 7.403. Notice.
A sign shall
be placed at the entrance to the
Section 7.404. Penalty.
A person convicted of violating the provisions hereof shall be subject to a fine of not less than ten dollars nor more than twenty-five dollars.
Chapter 8. OFFENSES
Section 8.100. Disorderly Conduct.
It shall be unlawful to conduct oneself in a disorderly manner with the purpose to cause public inconvenience or, annoyance or recklessly creating a risk thereof by:
(a) engaging in fighting or threatening to engage in violent or threatening behavior.
(b) making unreasonable noise or using offensively coarse language or gesture or display, or addresses of abusive language to persons present; or
(c) creating a hazardous or physically offensive condition that serves no legitimate purpose of the act.
For the purpose of this section “public” means affecting or directed to any person or persons in a place to which the general public or a substantial group has access, among the places included being transport facilities, schools, prisons, apartment complexes, places of business or entertainment and governmental buildings.
Section 8.101. Reserved.
Section 8.1.02. Lottery or Game of Chance.
State law shall govern with respect to offenses relating to the conduct and participation in lotteries and games of chance.
Section 8.103. Reserved.
Section 8.104. Indecent Words, Phrases, Etc.
No person shall write any indecent, obscene, scurrilous or profane words or make any indecent, obscene, scurrilous or profane pictures, marks or figures on any wall, fence, house, sidewalk or structure.
Section 8.105. Drinking In Public Places.
No person shall drink any beer or alcoholic beverages on the streets or public places in the Town; provided however, that nothing herein shall be construed to prevent Council from allowing on-premises consumption of beer or alcoholic beverages at Town facilities under such conditions as it deems appropriate when the same are rented for private functions or used by the Town for special events.
Section 8.106. Reserved.
Section 8.107. Assaulting, or Interfering with an Officer.
No person shall assault or interfere with the marshal of any other officer of the town in the performance of their duty.
Section 8.200. Prohibition.
The governing body of the Town of
McClellanville, South Carolina, in accordance with the authority delegated by
home rule and Section
Section 8.201. Penalty.
Anyone violating the provisions of this ordinance shall be assessed a civil penalty of one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per gambling vessel for a twenty-four hour period. For the purposes of this ordinance, “per passenger” is defined as the total number of passengers allowed on a vessel pursuant to its United States Coast Guard certificate of documentation or equivalent foreign documentation. In addition, violations of this ordinance are subject to injunctive relief.
Section 8.202. Severability.
If any section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this ordinance is for any reason held to be invalid or unconstitutional, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the council hereby declaring that it would have passed each and every section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, items, subitems, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Chapter 9. STREETS, SIDEWALKS, PARKS, AND TREES
Section 9.100. Encroachments.
No person, firm, company or corporation shall erect any building, fence or other structure that shall encroach upon any street or sidewalk of the town.
Section 9.101. Abutting Owners to Keep Sidewalks Clean.
owner of every vacant lot and the occupant of every building abutting on a
sidewalk in the Town of
Section 9.200. Destroying or Injuring Trees, Shrubs and Flowers.
It shall be
unlawful to cut down, mutilate or damage any tree, shrub or flower growing in
any public street or park of the Town of
Section 9.300. Penalty.
Any persons violating the provisions of this Chapter shall upon conviction be fined not more that $200 nor imprisoned not more than 30 days
Chapter 10. TRAFFIC AND MOTOR VEHICLES
Section 10.100. Uniform Act Regulating Traffic on Highways.1
The provisions of §§ 56-5-10, et seq., Code of Laws of South Carolina, 1976, as amended, insofar as they are applicable to motor vehicles and the operation thereof in the Town of McClellanville, are hereby adopted as the law relating to motor vehicles and the operation of the same on the streets of the Town and each section, paragraph, part or parcel thereof is hereby adopted and made a part of this chapter the same as if such section, paragraph, part or parcel were written herein.
1[For jurisdiction of Municipal Court, see §§ 14-25-10 et. seq., 5-7-140. 56-1-510, 56-5-6150 Code of Laws of South Carolina, 1976, as amended.]
Section 10.101. Speed Limits.
for the various streets in the Town of
Section 10.102. Careless Driving or Riding.
It shall be unlawful for any person to drive or ride any vehicle without care and caution and full regard for the safety of persons and property. Any person failing to do so shall be guilty of careless driving or riding. The operation of any vehicle when the same or any of its appliances is not in proper or safe condition shall be prima facie evidence of careless driving or riding.
Section 10.200. General.
Any unoccupied and unattended vehicle found violating the terms of this article may be removed, impounded and/or ticketed by any police officer or duly authorized person and shall be surrendered to the duly identified owner thereof only upon payment of cost of impounding and/or the ticket.
Section 10.201. Owner Responsible for Illegal Parking.
No person shall allow, permit or suffer any vehicle registered in his name to stand or park in any street in any violation of any of the provisions of this article or other ordinances of the Town regarding the standing or parking of vehicles.
Section 10.202. Authority of Town Marshal to Promulgate Special Regulations.
The Town Marshal, with the approval of the Town Council, shall have authority to make, promulgate and enforce special regulations as to parking, nonparking and time limits for parking and cause to be placed signs, signals, and other traffic control devices for the purpose of enforcing the same. Any person failing or refusing to obey any such regulations shall be guilty of a misdemeanor.
Before any such regulations shall become effective, notice thereof shall be published at least once in a newspaper published in the county.
Section 10.203. Parking Prohibited for Certain Purposes.
No person shall stand or park a vehicle in such a manner as to create a public or private nuisance upon any roadway for the purpose of:
(1) Displaying .it for sale.
(2) Advertising of any nature whatsoever.
(3) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.
Section 10.204. Parking Within Lines Indicating Parking Space.
Wherever lines have been painted to indicate parking space, vehicles shall be parked entirely within those lines.
Section 10.205. Trucks or Vehicles More Than Twenty Feet Long.
No person shall stop, stand or park a truck or other vehicle having an overall length of more than twenty (20) feet at any point upon any street, except that such bus, truck or other vehicle may be stopped or parked for such length of time as may be necessary for the pickup and loading or unloading and delivery of passengers or materials. For the purpose of this section, a trailer and its tractor unit and a bus, truck, or vehicle with attached trailers shall be considered one vehicle.
Section 10.206. Camping, Sleeping, Residing. etc., in Parked Motor Vehicles, etc.
No person shall camp, camp out, sleep, lodge or take up residence in any camper, van, bus, or other motor vehicle on the public streets or in any park or public place.
Section 10.207. Unattached Trailers.
No person shall park a trailer or allow the same to stand at any point upon any street.
Section 10.208. Running Engines or Other Equipment While
No person shall allow the engine or other mechanical equipment on a motor vehicle stopped or standing on a public street to continue to operate longer than five (5) minutes, unless movement of such vehicle is prevented by traffic control signals or is physically blocked by other vehicles.
Section 10.209. Blocking Driveways.
No person shall stop, stand or park a vehicle in front of a public or private driveway.
Section 10.300.Issuance of Traffic Citations.
A police officer, parking enforcement officer, or town marshal finding any vehicle parked, standing or stopped in violation of any town ordinance or state law may, in lieu of immediately issuing a summons to its owner or driver, affix in a conspicuous place on said vehicle a traffic citation requiring the owner or driver to post a specified bond within a specified time at a specified location within the Town.
Section 10.301. Consequences of Failure to Comply with Traffic Citation.
(a) The traffic citation authorized by § 10.301shall be increased by an additional amount if bond is not posted by the specified date on the citation and that failure to comply with the requirements of the citation shall result in the issuance of a summons.
(b) Any vehicle parked on any street or other public property, whether in an authorized or unauthorized zone, which is found to be the subject of twenty five dollars ($25.00) or more in past due or outstanding traffic citations is hereby declared to be a public nuisance.
(c) Any vehicle identified as a public nuisance may be impounded by the Town by giving authorization to a commercial towing or wrecker service or by other means to tow the vehicle away and store in a safe place until claimed by the owner.
(d) No vehicle shall be released to the owner until all outstanding traffic citation charges, as well as towing and storage charges, are paid and until satisfactory proof of ownership has been demonstrated.
Section 10.302. Restrictions on Cancellation or Solicitation of Cancellation of Traffic Citations or Summons.
No person shall cancel or solicit cancellation of any traffic citation or summons. The judge or associate judge of the municipal court shall have sole authority to cancel, void or dismiss any traffic citation or traffic summons.
Section 10.303. Penalty.
It shall be a misdemeanor for any person to violate any of the provisions of this Chapter, unless such violation is by the law of the State declared to be a felony.
Whoever violates any provision of this Chapter for which no penalty is otherwise provided shall be subject to a fine up to five hundred ($500) dollars and/or imprisonment up to thirty (30) days; provided however no penalty shall exceed the penalty provided by state law for similar offenses. A separate offense shall be deemed committed for each day a violation occurs or continues.
Chapter 11. FRANCHISES
Section 11.100. Utilities.
Ordinances authorizing franchises for South Carolina Electric and Gas Company and Berkeley Electric Cooperative are set forth in Appendix D and Appendix E to this Code.
Chapter 12. ZONING
Section 12.100. Zoning and Land Development.
The zoning and
land development ordinance for the Town of
To view the Zoning and Land Development follow this link
Chapter 13. FEES
Section 13.100. Findings.
By Deed dated March 12, 1991, recorded in R.M;C, Office for Charleston County, in Book G201 at Page 370, the State of South Carolina conveyed to the Town of McClellanville (Town) 4.27 acres, more or less of highland, lowland and marshlands (the Property). At the time of the transfer and at all time subsequent thereto, ~the Property included a dock, .a. boat launching i-amp, a fire tower and an area for parking. in support of these uses. The Property now also serves as the site of Town Hall.
From the time of
the transfer of the Property to the Town until July 1, 1995, the County of
Charleston assisted the Town with the costs of maintaining the boat launching
ramp and parking area by providing the manpower, labor, materials and supplies
required to keep the boat launching ramp and parking area related to it in a
reasonably safe condition for use by the public. As of
In 1993, the Town adopted a comprehensive plan to address the direction of the growth and development of the Town. A primary goal of the plan was the enactment of regulations to preserve the Town’s architecture and atmosphere as a rural village. In response to the plan, and in furtherance of protecting the historic, rural atmosphere of the Town, Town Council, on June 28, 1993, enacted a comprehensive zoning ordinance which, among other things, created a historic district and an architectural review board to oversee and approve development therein, arid which further included regulations governing density, lot size and tree preservation. Since 1993, the comprehensive plan and zoning ordinance have been updated to reflect the continued goal maintaining and protecting the historic, rural atmosphere of the Town.
The Property is
located in the historic district, off of
course of its ownership of the Property, Town Council has noticed and
experienced a dramatic increase in the number of persons, both residents and
non-residents, ‘using the boat launching ramp, the dock, and related parking on
the Property to access the waters of
As part of its
study, the Town Council authorized a survey of Town residents and persons
living in reasonable proximity to the Town for input regarding the use of the
launching ramp, the dock and the parking area, and regulations concerning the
same. Town Council held numerous public hearings on the subject and solicited
suggestions from neighboring communities and the Division of Natural Resources
of the State of
It is evident to Town Council that unless monies are expended to improve the boat launching ramp; the dock, the parking area and other support facilities, the same will rapidly deteriorate and will be of no beneficial use. It is evident to Town Council that the cost of improvements and maintenance will be sizeable, and that fairness dictates that the users of these facilities, whether residents of the Town or not, should be required to contribute a reasonable share of these costs so as to mitigate the burden of these costs on Town’s general fund. Town Council recognizes that Town residents now contribute to the costs of maintaining and improving these facilities by virtue of property taxes and/or rents paid, but nonetheless deems it appropriate to charge a reasonable fee to these users as they specially benefit from the Town’s resources dedicated to these facilities. It is further evident to Town Council that the general welfare demands that reasonable measures to protect these facilities and to preserve the quality of life within the Town must be implemented.
It is the intention of Town Council in enacting this ordinance to provide a system by which the boat launching ramp, the dock, the parking area, and other support facilities at the Property can be improved and maintained for public use, access and enjoyment without the burden on either the Town’s general fund or its quality of life.
Section 13.101. Boat Landing Use Permit.
Except for special events as hereafter set forth, from and after ‘the effective date hereof, it shall be unlawful for any person to launch watercraft from the ramp on the Property or to utilize the parking area related thereto without first acquiring a permit from the Town of McClellanville.
Section 13.102. Permits Authorized.
From and after
the effective date of this Ordinance, the Town of
Annual permits: An annual permit shall entitle the holder thereof to launch watercraft from the boat launching ramp on the Property 24 hours a day, 365 days a year, to use the dock and its facilities, and to the use of the related parking area, as parking spaces are available. The term of each annual permit shall be for one (1) year, from January 1 to December 31, Annual permits shall be assigned to a vehicle designated by the applicant. The standard cost of an annual permit is established as follows:
(A) McClellanville residents - $50.00 per year.
(B) Non-residents - $100.00 per year, per permit.
A second annual permit may be purchased and assigned to a vehicle registered at the same address as the vehicle to which the first permit was assigned. The cost for such second annual permit shall be discounted to $25.00 for McClellanville residents and $50.00 for non-residents. Any additional annual permits assigned to the same address shall be at standard costs.
To qualify as a McClellanville resident, proof of residing or owning real property in the Town must be provided when applying for a permit.
Weekly permits: A weekly permit shall entitle the holder thereof to launch watercraft from the boat launching ramp and to the use of the dock and its facilities and to the use of the parking area on the Property on the same basis as an annual permit holder for the seven (7) consecutive day period designated on the permit. A weekly permit shall be assigned to a vehicle designated by the applicant and shall cost $30.00.
Daily permits: A daily permit shall entitle the holder thereof to launch watercraft from the boat landing and to the use of the dock and its facilities and to the use of the parking area on the Property on the same basis as an annual permit holder for the day designated on the permit. A daily permit shall be assigned to a vehicle designated by the applicant and shall cost $10.00.
Permits shall be issued and renewed, as applicable, in accordance with such procedures as Town Council may, from time to time, establish.
Section 13.104. Display.
The permit must be affixed to the left portion of the rear window of the vehicle to which it is assigned. No person holding a permit shall transfer, or assign to, or otherwise allow the use of that permit by, any other person or use the permit on any vehicle other than that to which it was assigned.
Section 13.105. Boat Landing Use Fee Account.
An interest bearing, restricted
account known as the Town of
Section 13.106. Use of Funds.
Any and all revenues derived from the boat landing use fees, or any interest that may accrue thereon, shall be used by the Town for the sole purpose of improving, operating and maintaining the boat launching ramp, the dock, the related parking area, and any other support facilities on the Property, and for reasonable administrative costs associated therewith.
Section 13.107. Special Events.
Nothing in this Ordinance shall be construed to preclude the Town Council from allowing the launching of watercraft from the ramp, the use of the dock, or the use of the parking area related to the Property by persons not holding permits when such launching and use is related to Town sanctioned special events such as fishing tournaments, bird counts, turtle nesting sightings, lighthouse preservation activities and the Jeremy Creek clean-up.
Section 13.108. Exemptions.
Any and all agents, representatives and employees of the State of South Carolina, particularly its Division of Natural Resources, and the United States of America, including the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers, while acting in the course and scope of their employment, or in an official capacity, are exempt from the provisions of this ordinance, and the same shall have right of access to and use of the boat launching ramp, the dock and the parking area at any and all times while so acting.
Nothing herein shall be construed as requiring any fee for pedestrian access to the boat launching ramp, dock, related parking area or other support facilities on the Property.