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Chapter 1 – GENERAL PROVISIONS

  • Chapter 1 – GENERAL PROVISIONS

  • Sec. 1-1. – How Code designated and cited.

    The ordinances of a permanent and general nature of the town as organized into articles, chapters, divisions and sections shall constitute and be designated “The Municipal Code of the Town of Meggett, South Carolina,” and may be so cited. Such Code may also be cited as the “Meggett Code of Ordinances.”

    (Code 1994, § 1-101)

  • Sec. 1-2. – Definitions and rules of construction.

    In the construction of this Code and of all ordinances of the town, the following definitions and rules shall be observed, provided that these rules of construction shall not be applied to any section of this Code or an ordinance which contains any express provisions excluding such construction.

    Clerk. Whenever the term “clerk” or “municipal clerk” is used, the term shall be construed to mean clerk-treasurer.

    Code. The term “Code,” “the Code,” or “this Code” means and refers to The Municipal Code of the Town of Meggett, South Carolina, 1994, unless plainly in reference to some other code of laws.

    Corporate limits, corporation limits. Whenever the term “corporate limits,” “corporation limits” or “town” is used, the term means the legal boundary of the Town of Meggett, South Carolina.

    Council, town council. Whenever the term “council” or “town council” is used, the term shall be construed to mean the Council of The Town of Meggett, South Carolina.

    County. The term “county” means the County of Charleston, State of South Carolina.

    Delegation of authority. When a section of this Code or of an ordinance requires an act to be done by the head of a department, such requirement shall be construed to authorize the head of the department to designate and authorize subordinates under his control and supervision to perform the act unless the terms of the section or ordinance clearly require the head of the department to personally perform the act.

    Gender. A term importing the masculine gender only shall extend and be applied to females as well as to males.

    General rule. All terms and phrases shall be construed and understood according to the common and approved use of the language; but technical terms and phrases shall be construed and understood according to such peculiar and appropriate meaning.

    Joint authority. All terms purporting to give a joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

    May, shall. The term “may” is permissive; the term “shall” is mandatory.

    Mayor. Whenever the term “mayor” is used, it means the mayor of the Town of Meggett, South Carolina.

    Month. The term “month” means a calendar month.

    Name of officer. Whenever reference is made to a town officer by title only, this shall be construed as though followed by the term “of the Town of Meggett, South Carolina” and shall be taken to mean the officer of this town having the title mentioned or performing the duties indicated.

    Number. Terms used in the singular include the plural, and the plural includes the singular number.

    Oath. The term “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms “swear” and “sworn” shall be equivalent to the terms “affirm” and “affirmed.”

    Offices and officials of the town. Whenever reference is made to officials, boards, commissions, departments, etc., by title only (i.e., “clerk treasurer,” “chief of police,” etc.), they shall be deemed to refer to the officials, boards, commissions, and departments of the Town of Meggett, South Carolina, unless specifically stated otherwise.

    Or, and. The term “or” may be read “and” and the term “and” may be read “or,” if the senses requires it.

    Owner. The term “owner,” applied to a building or land, includes any part owner, joint owner, tenant-in-common, tenant-in-partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

    Person. The term “person” extends and is applied to associations, clubs, corporations, firms and partnerships, as well as to individuals, unless plainly inapplicable.

    Personal property. The term “personal property” includes every species of property except real property as herein described.

    Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.

    Premises. Whenever the term “premises” is used, it means place or places.

    Property. The term “property” includes real and personal property.

    Real property. The term “real property” includes lands, tenements and hereditaments.

    Reasonable time. Whenever any section of this Code or of an ordinance shall require an act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

    Residence. The term “residence” shall be construed to mean the place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where the person sleeps shall be deemed his residence.

    Roadway. The term “roadway” means that portion of a street improved, designated, or ordinarily used for vehicular traffic.

    Seal. Whenever the term “seal” is used, it means the town or corporate seal.

    Sidewalk. The term “sidewalk” means a strip of land in front or on the sides of a house or lot of land lying between the property line and the roadway.

    Signature or subscription. The term “signature” or “subscription” of a person includes a mark when the person cannot write.

    State. The term “the state” shall be construed to mean the State of South Carolina.

    Tenant, occupant. The term “tenant” or “occupant” applied to a building or land, includes a person holding a written or oral lease or who occupies the whole or a part of the building or land, either alone or with others.

    Tense. Terms used in the past or present tense include the future as well as the past and present.

    Time. The time within which an act is to be done as provided in any section of this Code or an ordinance, when expressed in days shall be computed by excluding the first day and including the last; provided, however, that if the last day of the period so computed is a Saturday, a Sunday, or a legal holiday, such day shall be excluded and the time period shall run until the end of the next day which is not a Saturday, a Sunday or a legal holiday.

    Town. The term “town,” “the town,” or “this town” means the Town of Meggett, County of Charleston, State of South Carolina.

    Week. The term “week” shall be construed to mean seven days.

    Written, in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

    Year. The term “year” means a calendar year.

    (Code 1994, § 1-102)

  • Sec. 1-3. – Severability of parts of Code.

    It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code.

    (Code 1994, § 1-103)

  • Sec. 1-4. – Catchlines of sections.

    The catchlines of the sections and subsections of this Code are intended merely as catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

    (Code 1994, § 1-104)

  • Sec. 1-5. – Effect of repeal of ordinances.

    (a)

    The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

    (b)

    The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution, or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed.

    (Code 1994, § 1-105)

  • Sec. 1-6. – Amendment to Code.

    (a)

    All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof by subsequent ordinances, the repealed portions may be excluded from the code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of the subsequent ordinances until the time that this Code of ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances.

    (b)

    Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: “That section ____________ of the Municipal Code of the Town of Meggett, South Carolina, is hereby amended to read as follows: ____________.” The new provisions shall then be set out in full as enacted.

    (c)

    In the event a new section not heretofore existing in the Code is to be added, the following language may be used: “That the Municipal Code of the Town of Meggett, South Carolina, is hereby amended by adding a section, to be numbered ____________, which section reads as follows: ____________.” The new section shall then be set out in full as enacted.

    (d)

    In lieu of the subsection (c) of this section, when the town council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, but which the town council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: “It is the intention of the town council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Municipal Code of the Town of Meggett, South Carolina, and the sections of this ordinance may be renumbered to accomplish that intention.”

    (e)

    All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

    (f)

    Any amendment to this Code shall be accomplished as if council were voting on a separate ordinance pursuant to the proper procedure set forth in S.C. Code of 1976, title 5, as amended.

    (Code 1994, § 1-106)

  • Sec. 1-7. – General penalty; continuing violation.

    Whenever, in this Code or in any ordinance or resolution of the town council or in any rule, regulation, or order promulgated by any officer or agency of the town under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, or order shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 30 days, or both, in the discretion of the judge of the town court. Each day any violation of any provision of this Code or of any such ordinance, resolution, rule, regulation, or order shall continue shall constitute a separate offense.

    (Code 1994, § 1-107)

  • Sec. 1-8. – Certain ordinances, rights, etc., not affected by Code.

    Nothing in this Code, or the ordinance adopting this Code, shall affect any of the following ordinances or previous code’s sections in effect at the time of adoption of this Code, until later amended or repealed:

    (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 from which this Code is derived;

    (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 with the provisions of this Code;

    (4)

    Any ordinance or resolution fixing salaries of officers or employees of the town, unless superseded;

    (5)

    Any appropriation ordinance or resolution, including tax levies and other charges;

    (6)

    Any right of franchise granted by the council to any person, firm, or corporation;

    (7)

    Any ordinance or resolution dedicating, naming, establishing, locating, relocating, closing, opening, 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 therefor;

    (10)

    Any ordinance or resolution dedicating or accepting any plat or subdivision in the town, or providing regulations for the same;

    (11)

    Any ordinance annexing property to the town;

    (12)

    Any zoning ordinance, development standards, or amendments thereto;

    (13)

    Any ordinance or resolution regulating the erection, alteration, repair, demolition, moving, or removal of buildings or other structures;

    (14)

    Any ordinance or resolution prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles, or loading zones, not inconsistent with this Code;

    (15)

    Any ordinance or resolution fixing utility rates and charges;

    (16)

    Any ordinance of agreement with another political subdivision;

    (17)

    Any ordinance concerning the issuance of tax anticipation notes or other debt; or

    (18)

    Any other ordinance or resolution, or part thereof, which is not of a general and permanent nature, or which is referred to elsewhere in this Code as continuing in effect. All such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances and resolutions are on file in the clerk’s office.