Chapter 13: Offences and Miscellaneous

Chapter 13: Offences and Miscellaneous
Chapter 13
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. IN GENERAL
Sec. 13-1. Masks or hoods; wearing in public demonstrations,
parades, etc.
Any person who shall or may hereafter engage in a parade,
procession, cavalcade, caravan or public demonstration as a party
thereto shall not wear a mask or hood of any kind which would
prevent recognition of his identity by any member of the police
department of the city. This section shall not apply nor is it
designed to apply to the wearing of masks or costumes by any
person twelve (12) years old or younger who is engaged upon
celebration of Halloween upon the streets and alleys of the city,
nor shall this section apply to funeral processions in any event.
For the purpose of enforcing this section, a cavalcade or caravan
shall mean more than three (3) automobiles or motor vehicles upon
a common enterprise.
Secs. 13-2--13-25. Reserved.
ARTICLE II.
OFFENSES AGAINST PROPERTY
Sec. 13-26. Damaging public property prohibited.
It shall be unlawful for any person to damage, mutilate or
destroy any property of whatsoever kind or nature belonging to or
under the control of the city or the city authorities.
Sec. 13-27. Damaging, destroying, etc., personal property
prohibited.
(a)
It shall be unlawful for any person to willfully, unlawfully
or maliciously cut, tear, break or otherwise injure or
destroy any personal property, equipment or goods and
chattels of another.
(b)
Any person violating the provisions of this section, when
the injury or loss of property affected by such act is less
than two hundred fifty dollars ($250.00), shall be guilty of
a misdemeanor.
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Sec. 13-28. CATV cable connection prohibited without permission
of operator.
No person shall connect to or obtain the services of a CATV cable
located in the city without the authorization and permission of
the owner or operator of the CATV line or cable.
Sec. 13-29. Trespass after notice.
It shall be unlawful for any person to enter upon the lands of
another within the corporate limits of the city, after notice
from the owner or tenant prohibiting the same. Any person
violating any of the provisions of this section shall be guilty
of a misdemeanor.
Sec. 13-30. Indecent or obscene writings, figures, etc.
It shall be unlawful for any person to be guilty of any
disorderly, lewd or indecent conduct by making or placing any
obscene, indecent or profane writings, pictures, figures or marks
on any sidewalk, street, fence, or on the outside walls or inside
walls, partitions or doors of any house, structure or building or
on any part of any structure or building.
Sec. 13-31. Tampering with gas, water or sewerage pipes.
It shall be unlawful for any person to tamper with or in any way
obstruct the pipes of any sewerage, gas or water company within
the corporate limits of the city at any time during which a test
of such pipes is being made by the officers of the city. Any
person violating any of the provisions of this section shall be
guilty of a misdemeanor.
Sec. 13-32. Placing advertising matter on poles prohibited.
It shall be unlawful for any person to tack, post or in any way
fasten any sign, bill or notice on any telegraph, telephone or
electric light pole within the city. Any person violating any of
the provisions of this section shall be guilty of a misdemeanor.
Sec. 13-33. Removal of mobile signs violating city ordinance;
redemption of sign by owner.
(a)
Any mobile signs placed in violation of the zoning
ordinance, this Code or any other ordinance of the city may
be moved and towed in by city authorities.
(b)
The owner of such mobile sign may redeem same within thirty
(30) days by the payment of a fine of fifteen dollars
($15.00) and any and all other costs in connection with the
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towing and storage of such sign, and upon evidencing a valid
business license.
Secs. 13-34--13-55. Reserved
ARTICLE III.
OFFENSES AGAINST PUBLIC PEACE
Sec. 13-56. Disorderly conduct.
(a)
It shall be unlawful for any person to engage in disorderly
conduct, which shall consist of any one (1) or more of the
following:
(1)
Acting in a violent or tumultuous manner toward
another, whereby any person is placed in danger of his
life, limb or health;
(2)
Acting in a violent or tumultuous manner toward
another, whereby the property of any person is placed
in danger of being destroyed or damaged;
(3)
Causing, provoking or engaging in any fight, brawl or
riotous conduct so as to endanger the life, limb,
health or property of another;
(4)
Using "fighting words" directed towards any person who
thereby becomes outraged and thus creates a turmoil;
(5)
Congregating with another or others in or on any public
way so as to halt the flow of vehicular or pedestrian
traffic, and refuse to clear such public way when
ordered by the city public safety officers or other
lawful authority;
(6)
Being drunk or under the influence of alcohol, or any
narcotic or hypnotic drug or any stimulant or
depressant on any street or public place to such an
extent as to be of annoyance to any other person or as
to jeopardize persons or property or as to menace the
public peace and safety.
(b)
This section shall not apply to peaceful picketing, public
speaking or other lawful expressions of opinion not in
contravention of other laws.
(c)
Any person convicted of violating any provision of this
section shall be guilty of a misdemeanor.
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Sec. 13-57. Disturbing city council.
It shall be unlawful for any person to molest, disturb, interfere
with or interrupt any meeting of the city council, or assault,
strike, menace, insult, molest or abuse the mayor or any of the
councilmembers thereof during their attendance at any meeting, or
while otherwise in the proper discharge of his duty as such mayor
or councilmember.
Sec. 13-58. Amplified Music and permits.
(a)
Buildings.
The using, operating, or permitting to be played, used or
operated of any radio, tape player, compact disc player,
receiving set, musical instrument, phonograph, loudspeaker
or other machine or device for the producing, reproducing or
amplification of music or other sounds in such a manner as
to disturb the peace, quite and comfort of persons in any
office, building, structure, or in any dwelling, hotel or
other type residence, or of persons in the vicinity thereof,
who are not voluntary listeners to, is hereby prohibited.
The operation of any such machine or device in such a manner
as to be plainly audible at a distance of fifty (50) feet
from the property line of the building or structure in which
it is located or fifty (50) feet from the person carrying
same shall be a violation of this section. For the purpose
of this section “plainly audible” means any sound, which can
be heard, by unimpaired auditory senses based on a direct
line of sight of fifty or more feet, however, need not be
discernible.
(b)
Vehicles.
No person operating or occupying a motor vehicle on any
street, highway, alley, parking lot, or driveway, either
public or private property, shall operate or permit the
operation of any sound amplification system, including, but
not limited to, any radio, tape player, compact disc player,
loudspeaker, or any other machine or device used for the
producing, reproduction or amplification of sound from
within the motor vehicle so that the sound is plainly
audible at a distance of fifty (50) feet or more from the
vehicle or in the case of a motor vehicle on private
property, beyond the property line. For the purpose of this
section, “plainly audible” means any sound which can be
heard, by the unimpaired auditory senses based on a direct
line of sight of fifty feet or more, however words or
phrases need not be discernible and said sound shall include
bass reverberation. Prohibitions contained in this section
shall not be applicable to emergency or public safety
vehicles, vehicles owned or operated by state, county or
city government or any utility company, for sound emitted
unavoidably during job-related operation, or any motor
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vehicle used in an authorized public activity for which a
permit has been granted.
(c)
Permits.
(1)
Temporary Permits
The City Manager or his/her designee may grant a
temporary permit which allows non-compliance with the
limitations prescribed in this ordinance for the
purpose of amplified sound activities of short
duration. The issuance of such permits will be only for
a time period not later than 12:-- midnight and not
before 8:00 a.m.
(2)
Entertainment Permits
a)
Commercial establishments providing entertainment
to customers from courtyards or outdoor areas and
from indoors where the sound levels may otherwise
exceed the provisions of this ordinance may apply
for an entertainment permit from the Office of the
City Manager that allows non-compliance with the
restrictions prescribed in this ordinance. Such
permit will be issued semi-annually and shall
specify the day or days of the week, allowable
hours along with conditions and restrictions
applicable.
b)
Permits shall be granted upon application,
provided an initial investigation assures that the
permit will not result in a condition injurious to
health or safety and only after payment of the
permit fee set forth in the schedule of fees
established by resolution of City Council. Any
permit so granted may contain conditions or
requirements upon which it is granted as deemed
necessary, to minimize any adverse effects upon
the people of the community or surrounding
neighborhood.
c)
The following factors shall be considered, in
order to determine whether granting the permit
will result in a condition injurious to health or
safety:
1.
Distance of proposed activities from
residential neighborhoods, medical
facilities, schools and religious
institutions.
2.
The likelihood that the proposed activities
will create a disturbance of the peace.
3.
Number of amplification devices to be used in
the proposed activities.
4.
Anticipated direction of the amplification
devices.
5.
Anticipated length of the activities.
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6.
7.
(3)
Upon determination that the granting of a
permit will not result in a condition
injurious to health or safety, the permit
shall be issued specifying place, duration,
and any restrictions appropriate for the
proposed activities. A copy of the permit
shall be provided to the applicant who upon
request by any Public Safety Officer shall
produce said permit for verification of any
restrictions.
Reapplication for a permit may be denied upon
evidence of complaint(s)by a resident(s) in
the locality of the permitted activity, has
been charged and found guilty by the court
under the provisions of this section, or
other factors determined by the City Manager
to have an adverse effect upon the public
safety.
Permits may be revoked for repeated violations of this
Ordinance. The first violation within any twelve (12)
months will be subject to written warning. The second
violation and all subsequent violations within any
twelve (12) months will be subject to prosecution
pursuant to Section 1-11 of this Code. A third
violation shall result in a revocation of the permit.
Sec. 13-59. Loud and unnecessary noises restricted.
(a)
It shall be unlawful for any person to make, continue, or
cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or
safety of others, within the limits of the city.
(b)
The following acts, among others, are declared to be loud,
disturbing and unnecessary noises in violation of this and
the preceding section, but such enumeration shall not be
deemed to be exclusive, namely:
(1)
Horns, signaling devices, etc. The sounding of any horn
or signaling device on any automobile, motorcycle,
streetcar or other vehicle on any street or public
place of the city, except as a danger warning, the
creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of
any such device for an unnecessary and unreasonable
period of time. The use of any signaling device except
one (1) operated by hand or electricity; the use of any
horn, whistle or other device operated by engine
exhaust; and the use of any such signaling device when
traffic is for any reason held up.
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(2)
Radios, phonographs, etc. The using, operating, or
permitting to be played, used or operated any radio
receiving set, musical instrument, phonograph, or other
machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or at any time
with louder volume than is necessary for convenient
hearing for the person or persons who are in the room,
vehicle or chamber in which such machine or device is
operated and who are voluntary listeners thereto. The
operation of any such set, instrument, phonograph,
machine or device in such a manner as to be plainly
audible at a distance of fifty (50) feet from the
building, structure or vehicle in which it is located
or from the person carrying same shall be a violation
of this section.
(3)
Loudspeakers, amplifiers, etc., for advertising. The
using, operating or permitting to be played, used, or
operated of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or
reproducing of sound which is cast upon the public
streets for the purpose of commercial advertising or
attracting the attention of the public to any building
or structure.
(4)
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets,
particularly between the hours of 11:00 p.m. and 6:00
a.m. or at any time or place so as to annoy or disturb
the quiet, comfort, or repose of persons in any office,
or in any dwelling, hotel or other type of residence,
or of any persons in the vicinity.
(5)
Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary
boiler except to give notice of the time to begin or
stop work or as a warning of fire or danger, or upon
request of proper city authorities.
(6)
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal
combustion engine, motor boat, or motor vehicle except
through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(7)
Defect in vehicle or loud. The use of any automobile,
motorcycle, or vehicle so out of repair, so loaded or
in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
(8)
Loading, unloading, opening, etc., boxes, etc. The
creation of a loud and excessive noise in connection
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with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates, and
containers.
(9)
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or
repair of any building other than between the hours of
7:00 a.m. and 9:00 p.m. on weekdays, except in case of
urgent necessity in the interest of public health and
safety, and then only with a permit from the building
inspector, which permit may be granted for a period not
to exceed three (3) days or less while the emergency
continues and which permit may be renewed for periods
of three (3) days or less while the emergency
continues. If the building inspector should determine
that the public health and safety will not be impaired
by the erection, demolition, alteration or repair of
any building or the excavation of streets and highways
within the hours of 9:00 p.m. and 7:00 a.m. and if he
shall further determine that loss or inconvenience
would result to any party in interest, he may grant
permission for such work to be done within the hours of
9:00 p.m. and 7:00 a.m., upon application being made at
the time the permit for the work is awarded or during
the progress of the work.
(10) Adjacent to schools, courts, churches, hospitals, etc.
The creation of any excessive noise on any street
adjacent to any school, institution of learning, church
or court while the same are in use, or adjacent to any
hospital, which unreasonably interferes with the
workings of such institution, or which disturbs or
unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court
street.
(11) Hawkers, peddlers, etc. The shouting and crying of
peddlers, hawkers and vendors which disturbs the peace
and quiet of the neighborhood.
(12) Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by
creation of noise to any performance, show or sale.
(13) Transporting metal rails, pillars and columns. The
transportation of rails, pillars or columns of iron,
steel or other material, over and along streets and
other public places upon carts, drays, cars, trucks, or
in any other manner so loaded as to cause loud noises
or as to disturb the peace and quiet of such streets or
other public places.
(14) Pile drivers, hammers, etc. The operation between the
hours of 10:00 p.m. and 6:00 a.m. of any pile driver,
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steam shovel, pneumatic hammer, derrick, steam or
electric hoist or other appliance, the use of which is
attended by loud or unusual noise.
(15) Blowers. The operation of any noise-creating blower or
power fan or any internal combustion engine, the
operation of which causes noise due to the explosion of
operating gases or fluids unless the noise from such
blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
(16) Refrigerating or air cooling equipment. The operation
of any refrigerating or air cooling equipment used in
connection with any building, structure or vehicle
unless noise is muffled or such equipment is equipped
with muffler device to deaden such noise.
Sec. 13-60. Rioting; fighting; breach of peace.
Any person creating any disturbing noise or making or creating
any brawl, riot, affray, fighting or indulging in any profane,
obscene or vulgar language, or acting in a tumultuous, disorderly
or indecent and vulgar manner, within the corporate limits of the
city, shall be guilty of a misdemeanor
Sec. 13-61. Unlawful assembly.
(a)
It shall be unlawful for any person within the city to
congregate and assemble in any street, avenue, alley, road
or highway or in or around any public building or enclosure
or any park or reservation or at the entrance of any private
building or enclosure, and engage in loud and boisterous
talking or other disorderly conduct or to insult or make
rude or obscene gestures or commentaries or observations on
persons passing by or in their hearing or to crowd, obstruct
or incommode the free use of any such street, avenue, alley,
road, highway or any of the foot pavements thereof or the
free entrance into any public or private building or
enclosure.
(b)
It shall be unlawful for any person to curse, swear or make
use of any profane language or indecent or obscene words or
engage in any disorderly conduct in any street, avenue,
alley, road, highway, public park or enclosure, public
building, church or assembly room or in any other public
place or in any street, avenue, alley, road, highway, public
park or enclosure, or other building or in any premises
other than those where the offense was committed. Any person
violating the provisions of this section shall be guilty of
a misdemeanor.
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Sec. 13-62. Failure to leave premises when requested by owner,
proprietor, etc., prohibited.
Any person failing or refusing immediately to vacate and leave
the premises of any business or other establishment, whether
public or private, when so requested by the owner, proprietor,
manager or other person in charge shall be guilty of a
misdemeanor.
Sec. 13-63. Use of language intending to incite persons to
violence.
It shall be unlawful for any person to be upon any public
property, public street, public road, or any property open to the
public and to utter or use any profane, vulgar or indecent
language, racial or religious slurs or other derogatory comments
which are offensive to and directed to another person with the
possible consequence of violence.
Secs. 13-64.
(a)
Panhandling (Commercial Solicitation).
Definitions:
“Panhandling” is any request made in person on a
street, sidewalk, or public place asking for an
immediate donation of money or other thing of value.
“The Downtown Square” means the area defined by the
boundaries of the following named streets, including
both sides of each named street and each corner of
intersecting named streets: With the western border
being South Spring Street, the southern border being
Broad Street, the eastern border being Converse Street
and the northern border being Dunbar Street.
(b)
Panhandling in certain areas. It shall be unlawful for
any person to panhandle when the person who is being
confronted is in any of the following places within the
City of Spartanburg, unless otherwise provided for in
this section:
(1)
On private property if the owner, tenant, or
lawful occupant has asked the person not to
panhandle on the property, or has posted a sign
clearly indicating that solicitations are not
welcome on the property;
(2)
Within 15 feet of the entrance to or exit from any
public toilet facility, which includes any
temporary use site (port-a-toilet);
(3)
Within 15 feet of an automatic teller machine
(ATM), provided that when an automated teller
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machine is located within an automated teller
machine facility, such distance shall be measured
from the entrance or exit of the automated teller
machine facility;
(4)
Within 15 feet of any parking lot pay box;
(5)
Within 15 feet of any pay telephone, provided that
when a pay telephone is located within a telephone
booth or other facility, such distance shall be
measured from the entrance or exit of the
telephone booth or facility;
(6)
In any public transportation vehicle, or in any
bus station, or within 15 feet of any bus stop or
taxi stand;
(7)
From any driver or passenger in a motor vehicle
that is in traffic on a public street; provided,
however, that this paragraph shall not apply to
services rendered in connection with emergency
repairs requested by the owner or passengers of
such vehicle;
(8)
In a parking lot or garage owned or operated by
the City of Spartanburg, including entryways or
exits and pay stations connected therewith;
(9)
No person shall panhandle within 6 feet of any
entrance to any building open to the public;
(10) The Downtown Square.
(c)
Nighttime panhandling. It shall be unlawful for any
person to panhandle after sunset and before sunrise.
(d)
Aggressive panhandling. It shall be unlawful for any
person to panhandle in any of the following manners:
(1)
By intentionally or recklessly blocking the path
of the person being confronted; or
(2)
By intentionally or recklessly approaching or
speaking to or following a person before, during
or after being confronted if that conduct is
intended or is likely to cause a reasonable person
to fear bodily harm to oneself or to another, or
damage to or loss of property or otherwise be
intimidated into giving money or other things of
value; or
(3)
By intentionally or recklessly using violent,
threatening gestures, profane or abusive language,
either during the panhandling or following
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refusal; or
(4)
(e)
False or misleading panhandling. It shall be unlawful
for any person to knowingly make any false or
misleading representation in the course of panhandling
a donation. False or misleading representations
include, but are not limited to, the follows:
(1)
Stating that the panhandler is from out of town
and stranded when such is not true;
(2)
Stating or suggesting falsely that the panhandler
is either a present or former member of the armed
service indicated;
(3)
Wearing or displaying an indication of physical
disability, when the panhandler does not suffer
the disability indicated;
(4)
Use of any makeup or device to simulate a
deformity; or
Stating that the panhandler if homeless, when he
or she is not.
(5)
(f)
By persistently following the person being
confronted with the intent of asking that person
for money or other things of value after the
person has given a negative response to such
soliciting.
Penalties. Penalties for violations of this section
shall be as follows:
Each act of panhandling prohibited by this subsection
shall constitute a separate offense and punishable by a
fine in an amount not to exceed $500.00 or imprisonment
for a period not to exceed 30 days or both.
(g)
Severability. If any sentence, clause or phrase of this
Ordinance is held invalid or unconstitutional by any
court of competent jurisdiction, it shall in no way
affect the validity of any remaining portions of this
Ordinance.
Sec. 13-85. Reserved.
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ARTICLE IV.
OFFENSES AGAINST PUBLIC HEALTH
Sec. 13-86. Glue sniffing prohibited.
(a)
As used in this section, the phrase "glue containing a
solvent having the property of releasing toxic vapors or
fumes" shall mean and include any glue, cement, or other
adhesive containing one (1) or more of the following
chemical compounds: acetone, an acetate, benzene, butyl
alcohol, ethyl alcohol, ethylene dichloride, isopropyl
alcohol, methyl alcohol, methyl ethyl ketone,
pentachlorophenol, petroleum ether, or toluene.
(b)
No person shall, for the purpose of causing a condition of
intoxication, inebriation, excitement, stupefaction, or the
dulling of his brain or nervous system, intentionally smell
or inhale the fumes from any glue containing a solvent
having the property of releasing toxic vapors or fumes;
provided, that nothing in this section shall be interpreted
as applying to the inhalation of any anesthesia for medical
or dental purposes.
(c)
No person shall, for the purpose of violating subsection (b)
use, or possess for the purpose of so using, any glue
containing a solvent having the property of releasing toxic
vapors or fumes.
(d)
No person shall sell, or offer to sell, to any other person
any tube or other container of glue containing a solvent
having the property of releasing toxic vapors or fumes, if
he has reasonable cause to suspect that the product sold, or
offered for sale, will be used for the purpose set forth in
subsection (b).
(e)
Any person violating the provisions of this section shall be
guilty of a misdemeanor and, upon conviction, shall be
punished in accordance with section 1-11.
Secs. 13-87--13-110. Reserved.
ARTICLE V.
OFFENSES AGAINST PUBLIC SAFETY
Sec. 13-111. Abandoned iceboxes, refrigerators, etc.
(a)
It shall be unlawful for any person to store, place or
permit any discarded, abandoned or unused icebox,
refrigerator, deep freeze or similar container of an
airtight character in any place where the same is accessible
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to children, without first removing and rendering completely
inoperable all automatic catches or locks on the exterior of
all doors thereof so as to prevent any person or child from
becoming imprisoned therein.
(b)
This section shall not apply to the delivery, transfer or
removal of any such icebox, refrigerator, deep freeze or
container from one (1) location to another while in transit;
provided, that such icebox, refrigerator, deep freeze or
container shall not be left unattended for longer than
fifteen (15) minutes at any one (1) time, and shall be
checked for the presence of persons or children therein.
(c)
Any person violating any provision of this section shall be
guilty of a misdemeanor.
Sec. 13-112. Electric fences prohibited.
It shall be unlawful for any person to construct or maintain an
electric or electrified fence for enclosing property in the city.
Sec. 13-113. Fireworks.
(a)
It shall be unlawful within the limits of the city, for any
person to sell or expose for sale, keep, store, maintain,
have in possession, transport, give or pass any squibs,
torpedoes, firecracker or any other type or form of
fireworks, including salutes, Roman candles, fountains,
balloons carrying any lighted substance, cannon, cane, sky
rockets, bombs or other similar articles of fireworks, which
will be fired, lighted, ignited, set off or thrown. Cap
pistols and caps for same are expressly excluded from the
operation of this section.
(b)
Before any fireworks will be permitted for public exhibition
in connection with fairs or other special celebrations,
permission shall first be obtained from the city manager,
and such fireworks shall be under the supervision of an
expert, who shall be present in order to handle, maintain or
fire same, and in such case of exhibition, the parties in
charge of same shall be held strictly responsible for any
damage to person or property resulting from the use of such
fireworks. All fireworks being held in storage for special
exhibition shall be in a closed wooden box until they are
used.
(c)
All public exhibitions of fireworks permitted under this
section shall be concluded not later than 10:00 p.m.
(d)
Any person violating the provisions of this section shall be
guilty of a misdemeanor.
Sec. 13-114. Breaking arrest; escape from jail, etc.
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(a)
It shall be unlawful for any person to break arrest, to
escape from city jail or to escape from the custody of any
person lawfully having charge of prisoners.
(b)
Any person violating this section shall be guilty of a
misdemeanor.
Sec. 13-115. Impersonating officers, etc., prohibited.
It shall be unlawful for any person, not lawfully authorized to
do so, to act as a public safety officer, officer or official of
the city and it shall be unlawful for any person to falsely
impersonate any officer, official or public safety officer of the
city and, in such pretensive or pretended character, obtain or
receive from any person any money, paper, document or other
valuable thing. Any person violating this section shall be guilty
of a misdemeanor.
Sec. 13-116. Air guns, slingshots, etc.
(a)
It shall be unlawful for any person to fire or shoot any air
gun, air pistol or other like gun or pistol by any other
name whatsoever called, or to shoot or use any slingshot
weapon or any other weapon of like kind, the shooting of
which may cause damage or accident to any person or
property, upon any of the streets, lanes or public places of
the city or within one hundred (100) yards of such streets,
lanes or public places. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.
(b)
The director of public safety may give written permission
for the holding of target practice or other public shooting
of firearms at such specified times and under such
circumstances as will ensure that no damage, injury or
accident to any person or property will result. The granting
of such a permit shall place the full and complete
responsibility upon such person or organization of taking
all precautions necessary to prevent damage or injury to any
person or property within the city.
Sec. 13-117. Carrying firearms into or near public gatherings
prohibited.
It shall be unlawful for any person to carry into or near any
public gathering any loaded or unloaded firearm and, upon
conviction thereof, any such person shall be guilty of a
misdemeanor and shall forfeit such weapon to the city.
15
Sec. 13-118. Presenting or pointing loaded or unloaded firearm at
another person prohibited.
It shall be unlawful for any person to present or point at any
other person any loaded or unloaded firearm and, upon conviction
thereof, any such person shall be guilty of a misdemeanor, and
shall forfeit such weapon to the city. Provided, however, nothing
contained in this section shall be construed to abridge the right
of self defense or to apply to theaters or like professions.
Sec. 13-119. Children prohibited from carrying weapons.
It shall be unlawful for any person under the age of sixteen (16)
years to carry, within the corporate limits of the city any
rifle, shotgun or firearm. Any person violating the provisions of
this section shall be guilty of a misdemeanor.
Secs. 13-120--13-140. Reserved.
ARTICLE VI.
OFFENSES AGAINST PUBLIC MORALS
Sec. 13-141. Gambling.
(a)
Prohibited. No person shall within the corporate limits of
the city, at any time or place, game or play for money or
other stakes at any sort of game with cards, dice, coins or
any other device or thing of whatsoever quality or
denomination the same may be. Any person violating this
subsection shall be deemed guilty of a misdemeanor and, upon
conviction thereof, in addition to the penalty provided by
law, shall forfeit all the stakes and everything that may
have been bet on the game or used in connection with it.
(b)
Resorts declared nuisances. All places where persons are
permitted to resort for the purpose of gambling within the
corporate limits of the city are hereby declared nuisances,
and the keeper, manager or proprietor of such places shall
be guilty of a misdemeanor.
(c)
Frequenting gambling houses. Any person who, without a
legitimate excuse, frequents or visits any gambling house,
or is present at any place whatsoever where gambling is
going on, within the corporate limits of the city, shall be
guilty of a misdemeanor.
16
Sec. 13-142. Slot machines.
It shall be unlawful for any person to keep or permit to be kept
on his premises, or to operate within the corporate limits of the
city, any slot machine of any name or kind, except 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 deposited therein and in which there is no element
of chance. Any person who shall violate this section shall be
guilty of a misdemeanor.
Secs. 13-143--13-199. Reserved.
ARTICLE VII.
DRUG PARAPHERNALIA AND COUNTERFEIT DRUGS
Sec. 13-200. Counterfeit drugs.
Any person who shall distribute or sell any substance under the
pretense that said substance is an illegal drug, illegal narcotic
or controlled substance when said substance is in fact not an
illegal drug, illegal narcotic or controlled substance shall be
guilty of the sale of counterfeit drugs for the purposes of this
section and upon conviction shall be deemed guilty of a
misdemeanor.
Sec. 13-201. Definitions.
(a)
The term "drug paraphernalia" means all 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, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance in violation of
this division. It includes, but is not limited to:
(1)
Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or
harvesting of any species of plant which is a
controlled substance or from which a controlled
substance can be derived.
(2)
Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing,
processing, or preparing controlled substances.
(3)
Isomerization devices used, intended for use, or
designed for use in increasing the potency of any
species of plant which is a controlled substance.
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(4)
Testing equipment used, intended for use, or designed
for use in identifying, or in analyzing the strength,
effectiveness or purity of controlled substances.
(5)
Scales or balances used, intended for use, or designed
for use in weighing or measuring controlled substances.
(6)
Diluents and adulterants, such as quinine,
hydrochloride, mannitol, mannite, dextrose and lactose,
used, intended for use, or designed for use in cutting
controlled substances.
(7)
Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from or in
otherwise cleaning or refining, marijuana.
(8)
Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in
compounding controlled substances.
(9)
Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in
compounding controlled substances.
(10) Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled
substances.
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally
injecting controlled substances into the human body.
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body,
such as:
a.
Metal, wooden, acrylic, glass, stone, plastic,
ceramic pipes with or without screens, permanent
screens, hashing heads, or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips, meaning objects used to hold burning
material such as a marijuana cigarette, that has
become too small or too short to be held in the
hand;
f.
Miniature cocaine spoons, and cocaine vials;
18
(b)
g.
Chamber pipes;
h.
Carburetor pipes;
i.
Electric pipes;
j.
Air-driven pipes;
k.
Chillums;
l.
Bongs;
m.
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a
court or other authority should consider, in addition to all
other logically relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the
object concerning its use.
(2)
Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law
relating to any controlled substance.
(3)
The proximity of the object, in time and space, to a
direct violation of this division.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substances
on the object.
(6)
Direct or circumstantial evidence of the intent of an
owner or anyone in control of the object, to deliver it
to persons whom he knows or should reasonably know,
intend to use the object to facilitate a violation of
this division; the innocence of any owner, or of anyone
in control of the object, as to a direct violation of
this division shall not prevent a finding that the
object is intended for use, or designed for use as a
drug paraphernalia.
(7)
Instructions, oral or written, provided with the object
concerning its use.
(8)
Descriptive materials accompanying the object which
explain or depict it use.
(9)
National and local advertising concerning its use.
(10) The manner in which the object is displayed for sale.
19
(11) Whether the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to
the community, such as a licensed distributor or dealer
of tobacco products.
(12) Direct or circumstantial evidence of the ratio of sales
of the object(s) to the total sales of the business
enterprise.
(13) The existence and scope of legitimate uses for the
object in the community.
(14) Expert testimony concerning it use.
Sec. 13-202. Possession of drug paraphernalia.
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia 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 division. Any person
who violates this section is guilty of a misdemeanor.
Sec. 13-203. Manufacture or delivery of drug paraphernalia.
It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing, or under circumstances where one
reasonable should know, that it will be used 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
division. Any person who violates this section is guilty of a
misdemeanor.
Sec. 13-204. Delivery of drug paraphernalia to a minor.
Any person eighteen (18) years of age or over who violates
section 13-203 by delivering drug paraphernalia to a person under
eighteen (18) years of age who is at least three (3) years his
junior is guilty of a special offense.
Sec. 13-205. Advertisement of drug paraphernalia.
It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement,
knowing or under circumstances where one reasonably should know,
that the purpose of this advertisement, in whole or in part, is
20
to promote the sale of any objects designed or intended for use
as drug paraphernalia. Any person who violates this section is
guilty of a misdemeanor.
Sec. 13-206. Civil forfeiture.
(a)
Any of the items of personal property listed in section 13201 hereof which is legally confiscated by the city will be
forfeited. Any such property will be secured by the public
safety department for a period of ten (10) days and
thereafter the city will either destroy and sell such
thereof as may be used for legitimate purposes.
(b)
Property subject to be forfeited under this division may be
seized by the public safety department upon process issued
by the municipal judge. Seizure without process may be made
if the seizure is incident to an arrest or a search under a
search warrant.
Sec. 13-207--13-299. Reserved.
ARTICLE VIII.
LOITERING FOR PURPOSE OF DRUG-RELATED ACTIVITY
Sec. 13-300. Loitering.
(a)
It is unlawful for any person to loiter in or near any
thoroughfare, place open to the public, or near any public
or private place, in a manner and under circumstances,
manifesting the purpose to engage in drug-related activity
contrary to any of the provisions of state law.
(b)
Among the circumstances which may be considered in
determining whether such purpose is manifested are:
(1)
Such person is a known unlawful drug user, possessor or
seller. For the purpose of this article, a "known
unlawful drug user, possessor or seller" is a person
who has, within the knowledge of the arresting officer,
been convicted in any court within this state of any
violation involving the use, possession, or sale of any
of the substances referred to by state law, or such
person has been convicted of any violations of any of
the provisions of that law or substantially similar
laws of the city; or a person who displays physical
characteristics of drug intoxication or usage,
including but not limited to, dilated pupils, glassy
eyes, slurred speech, loss of coordination or motor
21
skills, or a person who possesses drug paraphernalia as
defined by state law.
(2)
Such person has been given due notice, either verbal or
written, on any occasion prior to any arrest, within
one (1) block of the area where the arrest occurred, or
such person is currently subject to an order or term of
probation prohibiting his or her presence in a high
drug activity geographic area.
(3)
Such person behaves in such a manner as to raise a
reasonable suspicion that such person is engaging or is
about to engage in an unlawful drug-related activity,
either sale, possession or purchase, including by way
of example only, such person acting as a lookout or
flagging down vehicles or pedestrians.
(4)
Such person is physically identified by the officer as
a member of a gang or association which has [as] its
principal purpose illegal drug activity.
(5)
Such person transfers small objects or packages for
currency or any other thing of value in a furtive
fashion which would lead the officer to believe or
ascertain that a drug sale has or is about to occur.
(6)
Such person takes flight upon the appearance of a law
enforcement officer or public safety officer.
(7)
Such person endeavors to conceal any object which
reasonably could be involved in an unlawful drugrelated activity.
(8)
The area involved is by public repute known to be an
area of unlawful drug use and trafficking.
(9)
Any vehicle involved is registered to a known unlawful
drug user, possessor, seller, or a person for whom
there is an outstanding warrant from a crime involving
drug-related activity.
Sec. 13-301. Article cumulative.
The provisions of this article are intended as cumulative
and selective, and shall not repeal any other ordinance involving
the same subject matter.
Sec. 13-302. Severability.
If any provision of this article is held invalid, such invalidity
shall not affect any other provision, or the application thereof,
which can be given effect without the invalid provision or
22
application, and to this end the provisions of this article are
declared to be severable.
Sec. 13-303. Violation; penalty.
Any person who violates the provisions of this article is guilty
of a misdemeanor, and upon conviction shall be imprisoned for up
to thirty (30) days and be subject to a fine of not more than two
hundred dollars ($200.00), or both.
(Ord. No. 1724, § 1, 3-12-90)
Secs. 13-304--13-399. Reserved.
ARTICLE IX.
ILLEGAL PURCHASE OF CONTRABAND
Sec. 13-400. Prohibiting illegal purchase or attempt to purchase
contraband.
No person shall offer to purchase, negotiate the terms of a
purchase, or attempt to purchase, contraband in the city. For
purposes of this article, the term "negotiate" shall include, but
not be limited to, inquiries as to the availability of contraband
for sale, examination of contraband or contraband facsimile for
the purpose of determining quantity or quality, or any other
overt act which a reasonable person would believe to be the
initiation of a process designed to purchase contraband. The term
"contraband" shall be defined as any substance the possession of
which is unlawful under the provisions of Title 44, Chapter 53 of
the Code of Laws of South Carolina (1976), as amended.
Secs. 13-401--13-499. Reserved.
ARTICLE X.
SMOKING REGULATIONS IN PUBLIC PLACES AND VEHICLES
Sec. 13-500.
Findings and Determinations.
(1)
Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution and that breathing
second-hand smoke (also known as environmental tobacco
smoke)is a cause of disease in healthy non-smoker, including
heart disease, stroke, respiratory disease, and lung cancer.
(2)
The National Cancer Institute has determined that se4condhand smoke is responsible for early death of up to Sixtyfive Thousand (65,000) Americans annually.
(3)
The Surgeon General has declared that:
23
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Second-hand smoke causes disease and premature death in
non-smokers exposed to smoke;
Children exposed to second-hand smoke have an increased
risk for sudden death syndrome, acute respiratory
infections, ear problems, and more severe asthma;
Adults exposed to second-hand smoke have a higher risk
of coronary heart disease and lung cancer;
There is no safe level of exposure to second-hand
smoke; and
Separating smoke and non-smoking sections of indoor
areas does not sufficiently remove the threats of
second-hand smoke in enclosed areas;
The presence of second-hand smoke in enclosed spaces
inevitably results in persons who do not smoke being
forced to bear unwarranted health risks and
inappropriate deprivation of peaceful enjoyment of the
premises to which they have been invited or permitted
to enter, even when steps have been take to separate
“smoking” and “non-smoking” areas within the confined
space.
The City recognizes that smoke creates a danger to the
health and safety of the public at large and that, in
order to protect the health and welfare of the public,
it is necessary to restrict smoking in the manner
provided for in this Article.
Sec. 13-501.
Use of tobacco products prohibited in all enclosed
City-owned buildings.
It shall be unlawful for any person to use any tobacco
product, including a lit cigarette, cigar, pipe or other
lighted smoking material or equipment in any enclosed Cityowned building. “No Smoking” signs shall be conspicuously
displayed near all entrances to all enclosed City-owned or
occupied buildings.
For purposes of this section, “enclosed” means a structure
or building that is bound on all sides by any combination of
walls, half walls, windows or doorways which extend from
floor to ceiling, regardless of whether the windows or
doorways are open or closed.
Sec. 13-502.
Use of tobacco products prohibited in City-owned
vehicles.
It shall be unlawful for any person to use any tobacco
product, including a lighted cigar, cigarette, or other
lighted smoking material or equipment in a City-owned or
leased vehicle.
Sec. 13-503.
Use of tobacco products on City-owned property and
during City-sponsored special events such as
festivals and parades.
24
It shall be unlawful for any person to use any tobacco
product, including a lit cigarette, cigar, pipe or other
lighted smoking material or equipment on City-owned property
and during City-sponsored special events, such as festivals
and parades, within the event boundaries as established by
the City, subject to the exceptions provided herein.
Sec. 13-504.
Definitions.
The following words, terms and phrases, when used in this
Article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
City Attorney means the City Attorney for the City of
Spartanburg, South Carolina, or their designee.
Confined commercial public place means any enclosed area,
including but not limited to common lobbies, offices, work
areas, employee lounges and restrooms, conference and
classrooms, employee cafeterias, hallways and stairways,
restrooms, and other areas of a building or structure, to
which the public, including any employee, is invited,
solicited or permitted access to convene, conduct business
including, but not limited to, the following types of
facilities: restaurants; establishments engaged in the sale
or distribution of beer, wine, ale, porter or alcoholic
beverages for on-premises consumption; offices; educational,
health, warehouse, distribution, automotive sales;
automotive repair, retail, theaters; public transportation;
recreational; manufacturing; marketing; banking; finance;
professional services; or entertainment.
Director of Public Safety means the direction of public
safety of the City of Spartanburg, South Carolina, or their
designee.
Employee means any person who performs services for an
employer, with or without compensation.
Employer means any person, partnership, association,
corporation, trust or other organized group of individuals
or entity, whether public or private, which utilizes the
service of one or more employees.
Enclosed area means a space in any structure or building
that is bound on all sides by any combination of walls, half
walls, windows, or doorways extending from floor to the
ceiling, regardless of whether the windows or doors are open
or closed.
Private club or Lodge means a bona fide organization,
whether incorporated or not, which is the occupant of a
building or a portion of a building that has a different
25
address, a separate entrance and not connected by common
doors or passageways with any other business within the
building, and which is used solely and exclusively for
social, benevolent, patriotic, recreational or fraternal
purposes, and not pecuniary gain or profit, and no part of
the net earnings of which inures to the direct benefit of
any member or shareholder, and if engaged in the sale of
beer, wine, porter, ale or alcoholic beverages, such is
incidental to its main purpose, and which maintains on the
premises a complete membership list showing the date of
application of the proposed member, the date of admission
after election, the date initiation fees and dues are paid,
the amount paid by each member and each member’s correct
mailing address. No organization shall qualify as a private
club or lodge under this section if it admits members on
demand by payment of a nominal fee.
Private workplace means any location that would not in its
normal course of business activity permit access to the
general public, is limited to an employer with no paid or
unpaid employees of any type, and with such location being
in a confined space that does not share ventilation or HVAC
equipment with any other confined space or smoke does not
infiltrate into areas where smoking is prohibited under the
provisions of this Article.
Service line means any indoor line at which one or more
persons are waiting for or receiving service of any kind,
whether or not such service involves the exchange of money.
Smoking means inhaling, exhaling, burning or carrying any
lighted cigar, cigarette, pipe or other tobacco product in
any manner or in any form.
Sec. 13-505.
Prohibition of smoking in confined commercial
public places.
(1)
Except within a private workplace, the possession of
lighted smoking materials in any form, including but
not limited to the possession of lighted cigarettes,
cigars, pipes or other tobacco products, is prohibited
in all confined commercial public places.
(2)
The possession of lighted smoking materials in any
form, including but not limited to the possession of
lighted cigarettes, cigars, pipes or other tobacco
products, shall be prohibited in all confined
commercial public places within the City.
(3)
No person shall posses lighted smoking materials in any
form, including but not limited to lighted cigarettes,
cigars, pipes or other tobacco products, within a
sufficient distance of not less than fifteen (15) feet
from an entrance to or exit from a building to prevent
26
smoke infiltration where smoking is prohibited pursuant
to this section and provided no person has to walk
through the smoking area to enter or exit the building.
Sec. 13-506.
Prohibition of smoking in other certain outdoor
areas.
Smoking shall also be prohibited in areas where food is
served in encroachment areas on public sidewalks, plazas,
and parks and where food is served on decks, balconies, and
patios of restaurants and bars. If a private restaurant or
bar does not serve food on its plazas, parks, decks,
balconies or patios, smoking is permitted if it is a
sufficient distance of not less than fifteen (15) feet from
the entrance or exit of a building and there is no smoke
infiltration where smoking is prohibited pursuant to this
section and provided no person has to walk through the
smoking area to enter or exit the building.
Sec. 13-507.
Responsibilities of proprietors, owners and
managers.
(1)
A person having control of a confined commercial public
place shall not knowingly permit, cause, suffer or
allow any person to violate the provisions of Section
13-506; provided it shall be an affirmative defense to
an alleged violation of this subsection that the person
having control of a place of employment or confined
public place if that person has failed or refused to
extinguish the lighted cigarette, cigar, pipe or other
tobacco products.
(2)
A person having control of a place of employment or
confined commercial public place shall conspicuously
post “No Smoking” signs or the international “No
Smoking” symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red
circle with a red bar across it)near all entrances to a
building or structure where smoking is prohibited by
this Article. Such signage shall consist of letters not
less than two inches in height. The sign shall be a
minimum of eight and one-half inches by eleven inches
and shall include a statement of the minimum fine
imposed by the City for violations of the “No Smoking”
ordinance.
(3)
All ashtrays shall be removed from any area where
smoking is prohibited by this Article by the owner,
operator, manager, or other person in control of the
area. Appropriate receptacles for cigarette shall be
provided in all areas exempted from this Article.
27
(4)
Smoking shall be prohibited in all aspects of enclosed
spaces within a confined commercial public place, to
include common areas, auditoriums, classrooms,
conference and meeting rooms, elevators, hallways,
medical facilities, cafeterias, lounges, stairs,
restrooms, and all other enclosed facilities or common
areas.
Sec. 13-508.
Where smoking is not regulated.
Not withstanding any other provision of this Article to the
contrary, the following shall not be subject to the smoking
restrictions of this Article:
(1)
Private residences except when used as a licensed child
care, adult day care, or any other health care facility
or home occupation to which the public visits.
(2)
Hotel and motel rooms and bed and breakfast rooms that
are rented to guests and are designated as smoking
rooms; provided, however, that not more than twentyfive percent (25%) of rooms rented to guests in a hotel
or motel or bed and breakfast may be so designated. All
smoking rooms on the same floor must be contiguous and
smoke from those rooms must not infiltrate into areas
where smoking is prohibited under the provisions of
this Article. The status of smoking rooms may not be
changed, except to add additional nonsmoking rooms.
(3)
Establishments where more than fifty percent (50%) of
the revenue, volume of trade or business activity is
derived from the blending of tobaccos, or sale of
tobaccos, pipes, cigars or smokers’ sundries, provided
that smoking areas in these establishments are enclosed
and smoke does not infiltrate into areas where smoking
is prohibited under the provisions of this Article.
(4)
Religious ceremonies where smoking is part of a ritual.
(5)
Private club or lodge operating within a building or
portion of a building owned or leased by the club
provided there is a separate ventilation or HVAC system
and smoke does not infiltrate into areas where smoking
is prohibited under the provisions of this Article.
(6)
Designated outdoor smoking areas provided that the
tobacco smoke does not enter the confined public space
through entrances, windows, ventilation systems or
other means and provided that no persons have to pass
through the smoking area to enter the confined public
space. Designated outdoor areas must provide containers
for the disposal of the tobacco products.
(7)
Any location where smoking is regulated under S.C. Code
28
1976, § 44-95-10 et seq., as amended, the Clean Indoor
Air Act, to include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Public schools and preschools where routine or
regular kindergarten, elementary or secondary
educational classes are held, including libraries;
All other indoor facilities providing children’s
services to the extent that smoking is prohibited
in the facility by federal law and all other child
day care facilities, as defined in S.C. Code 1976
§ 20-7-200, which are licensed to S. C. Code 1976,
Sub-article 11, Article 13, Chapter 7 of Title 20,
as amended;
Health care facilities as defined in S. C. Code
1976, § 44-7-130, as amended, but excluding
designated smoking areas in employee break areas,
unless the governing board of the facility has
determined to maintain a smoke free environment;
Government buildings, as defined in S. C. Code
1976, § 44-95-20(4), except health care facilities
as provided for in subpart © hereof, and except
for buildings owned or occupied by the City of
Spartanburg;
Elevators;
Public transportation vehicles that are not owned
or operated by the City of Spartanburg, excluding
taxicabs;
Arenas and auditoriums of public theaters or
public performing art centers, excluding areas
that may be designated for smoking in foyers,
lobby or other common areas, and excluding smoking
as part of a legitimate theatrical performance.
Sec. 13-509. Enforcement.
(1)
This Article shall be enforced by the City of
Spartanburg Department of Public Safety as authorized
by the City Manager.
(2)
Notice of the provisions of this Article shall be given
to all applicants for a business license in the City.
(3)
An owner, manager, operator, or employee of an
establishment regulated by this Article shall inform
persons violating this Article of the appropriate
provisions thereof.
(4)
Any citizen who desires to register a complaint under
this Article may initiate enforcement with the office
of the Director of Public Safety.
(5)
Violation of this Article is hereby declared to be a
public nuisance, which may be abated by the City by
29
restraining order, preliminary and permanent
injunction, or other means provided for by law, and the
City may take action to recover the costs of the
nuisance abatement.
Sec. 13-510.
Penalty for violation of this Article.
(1)
The City of Spartanburg Municipal Court shall collect
the penalties due hereunder for any infraction(s) of the
provisions of this Article.
(2)
The City of Spartanburg’s Department of Public Safety
shall have the power to enforce the provisions of this Article by
issuing a Uniform Ordinance Summons.
(3)
Any person violating the provisions of this Article
shall be guilty of an infraction and subject to a civil fine of
not less than $10.00 or more than $25.00.
(4)
Any person who owns, manages, operates, or otherwise
controls a confined public place who fails to adhere to the
provisions of this Article shall be guilty of an infraction and
subject to a civil fine of not less than $10.00 or more than
$25.00.
(5)
In addition to the fines established by this section,
repeated violations of this Article by a person who
owns, manages, operates, or otherwise controls a
confined public place may result in the suspension or
revocation of any occupancy permit or business license
issued to the person for the premises on which the
violation occurred.
(6)
Each violation of this Article shall be considered a
separate and distinct offense.
Sec. 13-511.
Other applicable laws.
This Article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable
laws.
Sec. 13-512.
Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any
manner retaliate against an employee, applicant for employment or
customer because that employee, applicant or customer exercises
any rights afforded by this Article or reports or attempts to
prosecute a violation of this Article.
Sec. 13.513.
Interpretation for intent.
It is the intent of Council to prohibit smoking whenever the
private choice of smoking intrudes or has the capacity to intrude
30
upon the choice of others to be free from the hazards and
inconvenience of second and smoke in places where they work,
stand, sit, dine, drink, read, study or engage in entertainment
and recreation in a confined public place. All provisions of this
Article shall be construed to achieve these purposes.
ARTICLE XI.
MISCELLANEOUS PROVISIONS*
Sec. 13-510. False information to law enforcement officers.
It is unlawful for any person to give any false information
including a fictitious name or the name of another person, false
or fictitious dates of birth and social security numbers to any
law enforcement officer on any type of official report. These
reports shall include but are not limited to Traffic Accident
Reports, Incident Reports, Arrest Reports and Uniform Traffic
Tickets. Any person violating the provisions of this section is
guilty of a misdemeanor and must be punished by a fine not to
exceed five hundred dollars ($500.00) or by a term of
imprisonment not to exceed thirty (30) days.
(Ord. No 1866A, § 1, 8-22-94)
Secs. 13-511--13-599. Reserved.
Sec. 13-600. ALARMS AND FALSE ALARMS
Sec. 13-601. DEFINITIONS
(a)
Alarm Administrator means a person or persons
designated by the Director of Public Safety to
administer, control and review alarm applications,
permits and false alarm reduction efforts.
(b)
Alarm Notification means a notification intended to
summon the Department of Public Safety, which is
designed either to be initiated purposely by a person
or by an alarm system that responds to a stimulus
characteristic of unauthorized intrusion, holdup, fire,
or other emergency situation.
Alarm Company means the business, by individual,
partnership, corporation or other entity of selling,
leasing, maintaining, servicing, repairing, altering,
replacing, moving, installing or monitoring an alarm
system in an alarm site.
(c)
(d)
Alarm System means a mechanical or electrical device
that emits, transmits or relays a signal intended to
summon, or that would reasonably be expected to summon
Department of Public Safety services of the City,
including but not limited to local alarms. Alarm system
31
does not include:
(1)
An alarm installed on a vehicle unless the vehicle
is permanently located at a site; nor
(2)
An alarm designed to alert only the inhabitants of
a premises that does not have an external local
alarm.
(e)
Alarm Site means a single premises or location served
by an alarm system or systems.
(f)
Alarm User means any person, firm, partnership,
corporation or other entity who (which) uses or is in
control of any Alarm System at its Alarm Site.
(g)
False Alarms shall be defined as any communication
generated by or as a result of an alarm system that
results in a response by emergency service providers to
include law enforcement officers, fire suppression
personnel, emergency medical personnel, code
enforcement personnel or rescue personnel and which,
upon investigation, reveals no evidence or indication
of criminal activity or other hazard. False alarms
shall include negligently or accidentally activated
signals; signals which are the results of faulty,
malfunctioning or improperly installed or maintained
equipment; signals which are purposely activated to
summon the law enforcement personnel in non-emergency
situations; and alarms for which the actual cause are
not determined. False alarms shall not include signals
activated by weather conditions or other causes which
are identified and determined by the authorized
emergency responder to be beyond the control of the
owner.
(h)
False Alarm Notification (F.A.N.) means an alarm
notification to the Department of Public Safety or the
Emergency Communication Center, when the responding
emergency service providers find no evidence of a
criminal offense, attempted criminal offense, fire,
smoke, medical emergency, or other hazardous situation.
Excluded from this definition are:
(1)
Alarms occurring during electrical storms,
hurricanes, tornadoes, blizzards and acts of God;
or,
(2)
The intermittent disruption or disruption of the
telephone circuits beyond the control of the alarm
company and/or Permit Holder; or,
(3)
Alarms caused by a failure of the equipment at the
communications center. Proof of such cause is the
responsibility of the Permittee.
(i)
Local Alarm means an alarm system that emits a signal
at an alarm site that is audible or visible from the
exterior of a structure and is not monitored by a
32
remote monitoring facility.
(j)
Permit Holder means the person designated in the
application as required in Subsection 13-602(b) who is
responsible for responding to alarms and giving access
to the site, and who is responsible for proper
maintenance and operation of the alarm system and
payment of fees.
(k)
Verify means an attempt by the Monitoring Company, or
its representative, to contact the Alarm Site and/or
Alarm User by telephone and/or other electronic means,
whether or not actual contact with a person is made, to
determine whether an alarm signal is valid before
requesting law enforcement dispatch, in an attempt to
avoid an unnecessary Alarm Dispatch Request. For the
purpose of this ordinance, telephone verification shall
require, as a minimum, that a second call be made to a
different number if the first attempt fails to reach an
Alarm User who can properly identify themselves to
determine whether an alarm signal is valid before
requesting law enforcement dispatch.
Sec. 13-602. REGISTRATION REQUIRED; APPLICATION; FEE
(a)
Permit Requirements. Upon receipt of a completed
application form an Alarm Permit shall be issued.
Alarms operating prior to January 1, 2005 are required
to have a permit within ninth (90) days from the
effective date of the ordinance. Alarms installed as of
January 1, 2005 are required to have a permit within
thirty (30) days of the installation date. After April
1, 2005, any alarm that is responded to by the Public
Safety Department that is not registered will be cited
for failure to register the alarm and will be subject
to a penalty up to a five hundred dollar ($500.00) fine
and/or thirty (30) days imprisonment. Applications are
obtained from the Finance Department License
Enforcement, Public Safety Department and via the
Internet.
(b)
Application Requirements. The application form for an
Alarm Permit shall include information as required by
the Director of Public Safety.
1)
Applicant’s Name or name of business
2)
Alarm Location
3)
Alarm Company’s name
4)
Names & relation of two people with keys to the
premises and working knowledge of the Alarm System
who could respond within one-half hour of law
enforcement and/or fire personnel.
33
(c)
Service Charge and Penalty. If assessed, service charge
must be paid before required permit will be issued. If
the permit is not obtained within thirty (30) days
after notification by City of Spartanburg, of such
requirement, and continued operation of the alarm
system by the owner or tenant occurs, it shall
constitute a misdemeanor.
(d)
Changes. Any changes in the permit information must be
reported within ten (10) days of the change to the
Spartanburg Public Safety Alarm Coordinator, PO Box
1746, Spartanburg, SC
29304, Phone (864) 596-2000;
Facsimile (864) 596-2152.
(e)
Failure to Respond. There will be a $100.00 service
charge if owner or tenant or designee fails to arrive
at premises within one (1) hour of being notified by
the law enforcement or fire personnel to respond in
connection with an alarm activation. The registered
owner of the alarm on the permit will be the liable
party to ensure that personnel are available to respond
upon request.
(f)
Revocations. Failure to pay any service charges within
thirty (30) days shall constitute grounds for
revocation of an alarm system permit by City of
Spartanburg. A late payment penalty of ten percent
10%) or ten dollars ($10.00), whichever is greater,
shall be added to the account upon referral to the City
debt collection division. Interest upon the principal
amount due and penalty will accrue at the rate of ten
percent (10%) annually from the first of the month
following the day the account is referred to the debt
collection division. Continued operation after
revocation shall constitute a misdemeanor. Each day of
operation after revocation shall constitute a separate
offense.
(g)
Reinstatement. To reinstate a revoked alarm permit will
require payment of all amounts owing.
Sec. 13-603. AUTOMATED DIALING DEVICE.
It shall be unlawful for any automated dialing device or system
to call, or in any other manner make direct or indirect contact,
with the City’s enhanced 911 emergency telephone system. A
violation of this section shall constitute a misdemeanor which
shall be punishable by fine or imprisonment as set forth by state
law.
34
Sec. 13-604.
REQUIRED REGISTRATION OF ALARM COMPANIES
(a)
All alarm companies with the desire to function within
the City limits of the City are required to be
registered through the Director of Public Safety.
(b)
The alarm company must have proof of license to operate
in South Carolina as an alarm company under the
provisions of the State Board of Private Investigations
and Private Security Agencies Act. Article 4413 (29bb)
V.A.T.C.S. as amended by the South Carolina
Legislature.
(c)
Any company who violated this section shall be subject
to having its alarm permits revoked and further permits
denied.
(d)
All alarm company registrations shall be made on forms
provided by the Director of Public Safety and shall
contain information as required by the Director of
Public Safety.
1)
The full business name, address, and telephone
number of the alarm company.
2)
The license number as issued to the alarm company
by the State Board of Private Investigators and
Private Security Agency Board.
3)
The names, home addresses and telephone numbers of
each owner, office, partner or stockholder holding
twenty-five percent (25%) or more interest in said
Alarm Company.
4)
A description of services made available and
offered to Permit Holders within the City,
relating to the sale, installation, servicing,
monitoring and testing of Alarm Systems
communication service provided.
5)
Alarm company registration shall be renewed
annually on the first day of each year and shall
be non-transferable. All updating of information
is required as it occurs with the alarm company
having sole responsibility.
(e)
Alarm vendors/installers must obtain a permit to
install any alarm system within the City of
Spartanburg.
Sec. 13-605. DUTIES OF THE ALARM USER
(a)
The Alarm User liability shall be:
1)
Maintain the premises and the Alarm System in a
method that will reduce or eliminate False Alarms.
2)
Make a solemn endeavor to respond or cause a
representative to respond to the Alarm System’s
35
location within thirty (30) minutes when notified
by the municipality to deactivate a malfunctioning
Alarm System, to provide right of entry to the
premises, or to provide alternative security for
the premises.
3)
Not manually activate an alarm for any reason
other than an occurrence of an event that the
Alarm System was intended to report.
4)
An Alarm User shall have a properly Licensed Alarm
Company inspect the Alarm System after two (2)
False Alarms within a calendar year period from
the date of registration issuance or renewal. The
Alarm Administrator may waive an inspection
requirement if it is determined that A False
Alarm(s) could not have been related to a defect
or malfunction in the Alarm System. After four (4)
False Alarms within a calendar year period from
Alarm User must have a properly Licensed Alarm
Company modify the Alarm System to be more False
Alarm resistant or provide additional user
training as appropriate.
5)
An Alarm User must obtain a new permit if there is
a change in address or ownership of a business.
6)
An Alarm User shall maintain at each Alarm Site, a
set of written operating instructions for each
Alarm System.
Sec. 13-606.
DUTIES OF THE ALARM COMPANY
a)
Prior to activation of the Alarm System, the Alarm
Company must provide instructions explaining the
proper operation of the Alarm System to the Alarm
User.
b)
Provide written information of how to obtain
service from the Alarm Company for the Alarm
System.
c)
Provide the property operational training of the
Alarm System to the Alarm User, the Alarm User’s
employees, or other persons designated by the
Alarm User to operate the Alarm System.
d)
Upon enactment of this ordinance, Alarm Companies
shall not install a device activating a robbery
alarm system that is a single action non-recessed
button. An Alarm Company must remove all single
action non-recessed buttons when a takeover or
conversion occurs.
36
e)
Upon enactment of this ordinance, Alarm Companies
shall install only control panels which comply
with CP-01 standards. This shall apply to all new
installations and panel replacements.
f)
An Alarm Company which begins monitoring a
previously unmonitored Alarm System or an Alarm
System previously monitored by another Alarm
Monitor shall notify the Alarm Administrator of
the conversion within five (5) days after the date
of conversion.
g)
An Alarm Company performing monitoring services
shall:
1)
Attempt to verify an alarm signal from an
Alarm System before requesting a law
enforcement or fire personnel response; and
2)
Communicate a cancellation to the law
enforcement or fire personnel as soon as
possible following a determination that
emergency response is unnecessary.
3)
Communicate any available information about
the location of the alarm.
4)
Provide Alarm User registration number at the
request of emergency response.
5)
Endeavor to contact the Alarm User or
designated representative when an Alarm
Notification is made.
6)
Provide the law enforcement or fire personnel
of any other information about the alarm and
Alarm Site that may be of safety importance
to the individuals responding.
7)
Any Alarm Company failing to comply with the
duties listed in this section shall have
their Company’s License revoked or suspended.
Sec. 13-607. Standards and Administration.
(a)
Except as authorized by law, it will be unlawful for any
person to buy, sell, lease, repair, alter or replace any
alarm system which does not meet minimum standards set for
the in the sections of this ordinance, or to cause, permit,
or suffer any alarm system to emit more than three (3) false
alarms within thirty (30) day period.
37
(b)
The provisions of this ordinance will be administered and
enforced by the Department of Public Safety. The Department
of Public Safety is authorized to make inspections of alarm
systems and of the premises whereon said system is located,
and to make and enforce such rules and regulations as are
necessary to implement the provisions prescribed in this
ordinance.
(c)
It shall be unlawful for any person to engage in, conduct,
or carry on any alarm business within the City of
Spartanburg unless he or she has first registered his or her
intention to engage in such alarm business with the
Spartanburg Public Safety Department, giving the department
such information as it may require.
Sec. 13-608.
(a)
Charges.
False Alarm Charges. There is no charge for the first two
(2) false alarms within a calendar year, however, the
following charges will be applicable for subsequent false
alarms:
(1)
First and second false alarms
No charge
(2)
Third, fourth and fifth false alarm
$
(3)
(4)
Sixth and seventh false alarm
Eighth and ninth false alarm
100.00
200.00
(5)
Tenth and each false alarm thereafter
within a calendar year
500.00
50.00
Sec. 13-609. Appeals.
(a)
Upon evidence that any provision of this ordinance has been
violated; and written notice therefore has been served upon
the Permit Holder, either by persona service or by certified
mail, postage prepaid addressed to the Permit Holder at the
address set forth on the permit, the Director of Public
Safety may suspend a Permit Holder permit effective on the
date of service of notice when served personally or upon the
expiration of five (5) days from the deposit of the notice
in the mail when served by certified mail. In the latter
case, failure of the Permit Holder to receive the notice
shall not in validate the service of notice. The suspension
of the permit shall result in a confirmation required
status.
(b)
Failure or refusal by a Permit Holder user to correct any
condition in violation of the provisions of this ordinance
shall result in suspension continuing until the condition is
38
corrected, and may result in the revocation of the Permit
Holder permit, as provided hereinafter.
(c)
If the Director of Public Safety or their designee
determines that a Permit Holder permit should be revoked, he
or she shall give the Permit Holder fifteen (15) days notice
of his or her intentions to do so, stating generally the
grounds therefore, and of the right of the Permit Holder to
have a hearing before the City Manager on the notice of
intention to revoke permit, notice may be given by personal
service or by certified mail with return receipt requested,
non-restricted delivery, postage prepaid, addressed to the
Permit Holder at the address set forth on the permit. Notice
shall commence on the day of mailing to coincide with the
notice of intent. Upon failure of the Permit Holder to cause
the system to be repaired, or to be operated properly, or to
pay the fee established pursuant to section “False Alarms
and Fees” of this ordinance within such fifteen (15) day
period, or to file an appeal to the City Manager as provided
in this ordinance, the permit shall be revoked at the
expiration of such fifteen (15) day period.
(d)
If the Director of Public Safety has issued a notice of
intent to revoke a Permit Holder’s permit or the Department
of Public Safety has levied a charge under this Ordinance,
the Permit Holder may within ten (10) days of the date of
the service thereof, submit a written request by personal
delivery or by first-class mail for a hearing before the
City Manager, setting forth the reasons why the permit
should not be revoked or the charge levied. If served by
mail, the request shall be made on the day of mailing.
(e)
If, a written request for a hearing is made, the City
Manager shall set a hearing for a time no sooner than
a fifteen (15) days nor later than thirty (30) days from
service of the request and shall serve a written notice of
the time and place thereof, on the Permit Holder by firstclass mail at least ten (10) days prior to the date of such
hearing. If such a request is received more than fifteen
(15) days from the date of issuance of the notice of intent,
the City Manager may set a hearing as provided herein if he
or she finds there was good cause for the tardiness filing
the request.
(f)
The proposed permit revocation and/or appeals from charges
shall be heard by the City Manager or by a person designated
by the City Manager to act as the hearing officer.
(g)
The Department of Public Safety’s representatives and the
Permit Holder or their authorized representative shall be
heard and may present evidence including oral, documentary,
and other evidence, and may examine and cross-examine
witness. The City Manager or hearing officer may conduct
39
such inquires and investigations as he or she deems proper,
and shall not be bound in the conduct thereof by common law
or statutory rules of evidence and procedure, but he or she
may make such inquiry and investigation, through oral,
documentary, and other evidence, which is best calculated to
ascertain the substantial rights of the public and parties.
(h)
The decision of the City Manager shall not be invalidated
because of the admission into the record and the use as any
proof of any fact in dispute of any evidence not admissible
under the common law or statutory rules of evidence and
procedures.
(i)
The decision of the City Manager shall be final and
conclusive.
Sec. 13-610. Notification of Installation of an Alarm System.
Alarm businesses shall notify the Spartanburg Public Safety
Department each time the business sells, installs, operates,
modifies, or maintains an Alarm System within the City of
Spartanburg. Permits are required for all new installations. This
notification shall be in writing, and shall include the following
information:
1)
The name, address, and telephone number of the business or
its alarm agent.
2)
The name of the Permit Holder and his or her business
address and telephone number and residential address and
telephone number.
3)
The name of at least two other persons responsible to
respond to the Alarm Site and his or her business address
and telephone number, and residential address and telephone
number.
Sec. 13-611. Audible Alarm Systems Standards.
(a)
It shall be unlawful to buy sell, install, or operate within
the City of Spartanburg an audible alarm system which upon
activating emits a sound similar to sirens in use on
emergency vehicles or for civil defense purposes. For the
purpose of this section, any electronic sounding device that
produces a variable pitch-tone shall be considered similar
to an emergency vehicle siren. This shall not apply to
sirens mounted inside a building which cannot be heard from
outside of the building.
(b)
Upon notification by the Spartanburg Public Safety
Department, the Permit Holder or his or her representative
shall promptly proceed within one (1) hour to the scene of
40
the alarm and render any necessary service. This service
shall include opening the premises so they may be searched.
Every audible alarm system installed after the effective
date of this ordinance shall have a timing device which
automatically shuts off the alarm within six (6) minutes
when the alarm system is located on a residence and within
thirty (30) minutes when the Alarm System is located on
other types of premises after the alarm is activated. Alarm
Systems shall be programmed with the Swinger Shut Down
feature programmed at 1.
(c)
Every audible Alarm System which was installed prior to the
effective date of the ordinance, but which does not have a
timing device as described in the subdivision (b) of this
section, shall be required to have such device installed
within one hundred eighty (180) days thereafter.
(d)
Notwithstanding the installation of an automatic timing
device, it shall be unlawful for any Alarm Business or
Permit Holder to cause, permit or allow an audible Alarm
System to be activated for a period in excess of one (1)
hour.
(e)
All alarm systems shall have a standby power supply which
will automatically assume the operation of the Alarm System
should any interruption occur in the power to the system.
The transfer of power from the primary source to the backup
source must occur in a manner which does not activate the
alarm.
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