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Code of Ordinances

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City of NORTH CHARLESTON, SOUTH CAROLINA

PREFACE

This Code is a codification of the ordinances of the City of North Charleston of a general and permanent nature.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the sixteenth section of Chapter 5 is 5-16. Under this system, each section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 7-4 and 7-5 is desired to be added, such new sections would be numbered 7-4.1, 7-4.2 and 7-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new pisions may be included in the same way or, in the case of articles, may be placed at the end of the article embracing the subject, and, in the case of pisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or pision.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested.

AN ADOPTING ORDINANCE
NO. 1986-29

Adopting and Enacting a New Code of Ordinances of the City of North Charleston, South Carolina; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be It Ordained By the Mayor and City Council of the City of North Charleston, in Council Assembled:

Section 1.  The Code of Ordinances, consisting of Chapters 1 to 19 each inclusive and including such Code as originally presented to City Council, a Revision thereof dated April 1985, Supplement No. 1, including Ordinances through Ordinance No. 1985-23 enacted April 11, 1985, Supplement No. 2, including Ordinances through Ordinance No. 1985-76, enacted November 21, 1985, together with all ordinances enacted subsequent thereto and to be incorporated into the Code through subsequent supplements pursuant to Section 1-8 of said Code, is hereby adopted and enacted as the “Code of Ordinances, City of North Charleston, South Carolina,” and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances of the city passed on or before the date of adoption hereof, to the extent provided in section 2 hereof.

Section 2.  All provisions of the Code shall be in full force and effect from and after the date of adoption hereof, and all ordinances of a general and permanent nature enacted on final passage on or before the date of adoption hereof and not included in the Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the Code, except as provided in section 1-13 of such Code. No resolution of the city, not specifically mentioned is hereby repealed.

Section 3.  Whenever in such Code an act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor by the Council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Council, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine of not more than two hundred dollars ($200.00), or imprisonment for a term not exceeding thirty (30) days, as provided in section 1-10 of such Code.

Section 4.  Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the governing body to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include the additions and amendments.

Section 5.  In case of the amendment of any section of the code for which a penalty is not provided, the general penalty as provided in section 1-10 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 6.  A copy of such Code shall be kept on file in the office of the Municipal Clerk, preserved in looseleaf form, or in such other form as the Municipal Clerk may consider expedient. It shall be the express duty of the Municipal Clerk, or someone authorized by him, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be repealed from time to time by the city council. This copy of such Code shall be available for all persons desiring to examine same.

Section 7.  It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of North Charleston to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-10 of the Code of the City of North Charleston, South Carolina, and in section 3 of this ordinance.

Section 8.  All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Ratified in City Council this 10th day of July, in the Year of Our Lord, 1986, and in the 210th year of the Independence of the United States of America.

/s/ John E. Bourne, Jr.
Mayor

Attest:

/s/ Cynthia E. Stewart
Municipal Clerk

Approved as to content and form:

/s/ James E. Gonzales
Legal Counsel