ORDINANCE NUMBER 70. City of Tega Cay, South Carolina ARTICLE I GENERAL PROVISIONS SECTION 1 - SHORT TITLE

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1 ORDINANCE NUMBER 70 City of Tega Cay, South Carolina ARTICLE I GENERAL PROVISIONS SECTION 1 - SHORT TITLE This ordinance shall be known and may be cited as the Tega Cay Law Enforcement Ordinance. SECTION 2 - PURPOSE The City Council of the City of Tega Cay does hereby find that it is necessary to provide law enforcement services to the residents of the City of Tega Cay.by e Establishing the City of Tega Cay Police Department and a Municipal Court, both of which are is hereby adopted as a part of this Uniform Law Enforcement Ordinance. SECTION 3 - MUNICIPAL UNIFORM ORDINANCE SUMMONS Establishing a Municipal Court in the City of Tega Cay is hereby adopted as a part of this Uniform Law Enforcement Ordinance. It shall be unlawful for any person to fail to appear in the Tega Cay Municipal Court to answer to any State ticket or warrant. It shall be unlawful for any person to fail to appear in the Tega Cay Municipal Court to answer any summons for violation of a City ordinance, or to appear as a witness or juror. Any person violating any provision of the Code of Ordinances, or any code adopted pursuant thereto, within the corporate limits of the City, may be issued a uniform ordinance summons. Issuance of the uniform ordinance summons shall vest jurisdiction in the municipal court to hear and dispose of the charge for which the uniform ordinance summons was issued and served. The uniform ordinance summons may be issued by any city law enforcement officer or any other city employee designated by the council as a code enforcement officer. The bond amount for violations shall be prescribed by the chief municipal court judge. City law enforcement or code enforcement officers are prohibited from accepting bonds. Bonds are to be posted in the manner prescribed in the uniform ordinance summons. The uniform ordinance summons shall not be used to perform a custodial arrest. The uniform ordinance summons shall contain a notice that failing to appear before the court without having posted a bond or without having been granted a continuance is a misdemeanor and must be fined not more than prescribed by law or imprisoned for not more than 30 days. Formatted: Right: 0.13", Space Before: 1.7 pt, Line spacing: single, Not Strikethrough, Not Strikethrough, Not Strikethrough Formatted: Not Strikethrough Formatted: Line spacing: single SECTION 4 - AUTHORITY This ordinance is adopted under the authority granted by Section et.seq. of the South Carolina Code of Laws, SECTION 5 - RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES To the extent any other City of Tega Cay ordinances, or portions thereof, conflict with this Ordinance Number 70, the terms of this Ordinance Number 70 shall control. ARTICLE II DEFINITIONS OF SPECIFIC TERMS AND WORDS (1) Abandoned. Ceased from being maintained or used. Rev

2 (2) Abandoned Vehicle. A motor vehicle required to be registered in the state if operated on a public highway that is left unattended on a right of way for more than 48 hours, or vehicles that have remained on private or public property for a period of more than seven days without the consent of the owners or person in dominion and control of the property. (3) Alarm Company - 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. Rev

3 (4) Alarm Notification - A notification intended to summon the Tega Cay Police Department, 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. (5) Alarm Site - A single premises or location served by an alarm system or systems. (6) Alarm System - a mechanical or electrical device that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon Tega Cay Police Department and/or Tega Cay Fire Department services of the City, including but not limited to local alarms. Alarm system 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 (7) Alarm User - Any person, firm, partnership, corporation or other entity who (which) uses or is in control of any alarm system at its alarm site. (8) Audible Alarm (typically, burglar alarms). An alarm that emits a sound only and is not monitored by a monitoring station; the building is equipped with an outside ringer. (9) Bicycle. Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty inches in diameter. Includes 3 wheel adult tricycles also called 3 wheel bikes. (10) Block. To interfere with unobstructed travel by any means. (11) Commercial. Any nonresidential use of land engaged in commerce or commercial activity such as wholesale or retail trade or the provision of services. (12) Common Driveway. Those ways generally giving access to their lots not used for general traffic circulation. (13) Cross Walk. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on the opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the transversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (14) Curb. The lateral boundary of the roadway whether such curb is marked by curbing construction, or not so marked. (15) Divisional Island. A dividing section of not less than two feet in width either unpaved or delineated by curbs, lines, or other markings on the roadway, and separating opposing or conflicting streams of traffic. (16) Driver. Every person who drives or is in actual control of a vehicle. (17) Drug paraphernalia. 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: (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating or growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. Rev

4 (b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances. (c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance. (d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances. (e) Scales or balances used, intended for use or designed for use in weighing or measuring controlled substances. (f) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances. (g) 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. (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances. (i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in compounding controlled substances. (j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances. (k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting controlled substances into the human body. (l) Objects used, intended for use, or designed for use to ingest, inhale or otherwise introduce marijuana, cocaine, hashish or hashish oil into the human body including, but not limited to: 1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens; permanent screens; hashish heads or punctured metal bowls; 2. Water pipes; 3. Carburetion tubes and devices; 4. Smoking and carburetion masks; 5. 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; 6. Miniature cocaine spoons and cocaine vials; 7. Chamber pipes; 8. Carburetor pipes; 9. Electric pipes; 10. Air-driven pipes; 11. Chillums; l2. Bongs; and 13. Ice pipes or chillers. Rev

5 (18) Emergency Authorized Vehicle. Vehicles of the fire department, police vehicles, and the ambulances and emergency vehicles of municipal departments or public service corporations designated or authorized by the chief of police or governing body of a municipality. (19) Golf Cart Crossing. That area so marked where golf carts cross the City streets. (20) Graffiti. An inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property. (21) Gross Weight. The weight of a vehicle without load plus the weight of any load on it. (22) Intersection. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in contact. (23) Low-speed vehicle. Any self-propelled vehicle with a maximum traveling speed of 25 miles per hour. (24) Merging Traffic. A maneuver executed by the drivers of vehicles on converging roadways to permit simultaneous or alternate entry into the junction thereof, wherein the driver of each vehicle involved is required to adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicles. (25) Motorcycle. Every motorcycle having no more than two or three permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor. (26) Motor Vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power. (27) Park. To stand a vehicle whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading and unloading. (28) Parking Pad. That common area of concrete, brick, asphalt, or macadam that is dedicated for use of the residents to park cars. (29) Peddler. Any individual, whether a resident of this city or not, traveling by foot, bicycle, wagon, motorized vehicles, low-speed vehicles automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, however, that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. The term "peddler" shall include the terms "canvasser," "solicitor," "transient or itinerant merchant or vendor," and "transient or itinerant photographer." (30) Pedestrian. Any person afoot. (31) Permitted Golf Cart. A golf cart in which the owner has obtained a permit decal and registration from the Department of Motor Vehicles upon presenting proof of ownership and liability insurance for the golf cart and upon payment of the registration fee. (32) Property Line. The line marking the boundary between any street and the lots or property abutting thereon. Rev Rev

6 (33) Public Building. A building used by the municipality, any park district, or privately owned but offering services to the general public. (34) Recreational Vehicle. A self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance. To include: travel trailers, camper, motor home, tent trailer, boat, boat trailer, lawn trailer, etc. (35) Residential Driveway. A private road, located on private property, used for ingress and egress to a residence. Formatted: Indent: Left: 0.19" (3536) Rider. The operator of any bicycle, skateboard, etc. (3637) Right of Way. the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (3738) Roads. A way, usually unpaved, that has not been dedicated to the City for public use. However, the owner may contract with the City to provide law enforcement on such private roads. (3839) Safety Zone. an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (3940) Stop. When required, means complete cessation from movement. (4041) Stop, stopping or standing, when prohibited, means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (4142) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (4243) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (4344) Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (4445) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a street/road except devices moving by human power or used exclusively upon stationary rail or tracks. (4546) Walking Trail. A path within City limits designated for travel by pedestrians, cyclists and lowspeed vehicles operated by licensed drivers. (4647) Yield Right of Way. The act of granting the privilege of the immediate use of the intersection roadway to traffic within the intersection and to vehicle approaching from the right or left, provided that when the roadway is clear the vehicle may proceed into the intersection. ARTICLE III Rev Rev VIOLATIONS Provisions - Unless otherwise specifically covered by this Ordinance, all of the provisions and requirements of the general laws of the State of South Carolina Code of Laws 1976 and as amended,

7 insofar as such provisions can have application within the City, are hereby adopted and made part of this Ordinance as fully as set out herein. All persons shall strictly comply with all of the regulations imposed hereby, when so applicable Obedience to Police - Members of the Tega Cay Police Department or a designee assigned to traffic direction and control are hereby authorized to direct all traffic in accordance with the provisions of this ordinance, or in emergencies as public safety may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction of any one so authorized Scene of Fire - The chief of the fire department or his/her designee may exercise the powers and authority of a police officer directing traffic at the scene of any fire or where the fire department has responded to an emergency call for so long as fire department equipment is on the scene in the absence of or in assisting the police Traffic Signs or Signals - It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or traffic signal placed in view in accordance with the laws of the State excepting on direction of a police officer. All signs and signals published by direction of the governing body shall conform to the United States Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways. Each driver of any type of a vehicle whether motorized or not, and where it applies, golf cart, motorcycle, moped, bicycle operators shall obey all signs and signals directing traffic, giving information about special speed zones, hazardous conditions, road work and any other special directions. Further, it is unlawful to remove any signs or signals so put into place by the City of Tega Cay without the approval of the City Interference with Traffic Signs or Signals - It shall be unlawful for nay any person to remove, deface, injure, move, attach items to, or interfere with any official traffic sign or signal Unauthorized Traffic Signs - No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be or is in imitation of or resembles an official traffic control device or which attempts to direct the movement of traffic. No person shall place, maintain or display upon or in view of any street any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic control device. No person shall place or maintain any traffic or signal bearing thereon any commercial advertising Bicycles - Every person riding a bicycle shall be subject to the provision of this ordinance applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle Exemptions - The provisions of this chapter regulating the movement of parking of vehicles shall not apply to the driver of any authorized emergency vehicle when responding to an emergency call, but such driver upon approaching a stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such sign/signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a sign. No driver of an authorized emergency vehicle shall assume any special privileges, under the act except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law. The provision of this chapter regulating the movement and parking of vehicles shall not apply to equipment or vehicles while actively engaged in installing, repairing, or otherwise improving infrastructure Through Streets and One-Way Streets Posting - The City Manager or his/her designee shall cause to be posted suitable signs for all such streets, roads, one-way streets or stop intersections. Rev Rev

8 One Way Streets - It shall be unlawful to operate any vehicle on any street designated as one way, in any direction other than that so designated Common Driveway - For the purpose of public safety, the City may handle whatever matters deem necessary in accordance with State law and any City Ordinance or Policy Right of Way (Vehicular Traffic) - When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the rightof-way to the vehicle on the right Blocking Prohibited Blocking Prohibited - It shall be unlawful to interfere with unobstructedblock travel by any means, including but not limited to standing on any part of the street / road / common drive / right of way fit for travel, or placing any object or vehicle whatsoever on such area. Temporary loading and unloading is permitted so long as the vehicle is not left unattended and can be immediately moved for emergency vehicles Parking - Trucks, cranes, or any other equipment operating on any street must leave one lane open for traffic and emergency vehicles and in hazardous areas must have a person assisting with traffic control. No vehicles shall be left attended or unattended on a one way street where there is not enough room for school buses and emergency vehicles to pass Rules for Bicyclists and Motorists Rights of Bicycle Riders - It is the policy of the City that a bicycle rider has the same right to use any public street in the City as does the operator of any motor vehicle. The following rules shall apply: (a) Each driver of a motor vehicle shall give the same right of way to bicycles as that required for automobiles. (b) A driver of a motor vehicle shall not drive in such a way as to endanger the rider of any bicycle. (c) A driver of a motor vehicle shall not crowd or hit any bicycle or bicycle rider on any street. (d) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach it or themselves to any vehicle on a City street Rules for Driving Careless Driving - It shall be unlawful to operate any vehicle in the City in a careless or wanton manner or so carelessly as to endanger life or public or private property Speed Restrictions - It shall be unlawful to drive any motor vehicle on any street within the City at a speed in excess of twenty-five (25) miles per hour unless otherwise posted Signals - No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal as provided for in this section. A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows: Rev Rev

9 (1) Left turn, hand and arm extended horizontally; (2) Right turn, hand and arm extended upward; and (3) Stop or decrease speed, hand and arm extended downward. Rev Rev

10 "U" Turns - It shall be unlawful for the operator of any vehicle to make a "U" turn at any place where such turns are prohibited by ordinance Emergency Vehicles - It shall be unlawful for the driver of any vehicle, other than one on official business, to follow any emergency apparatus in response to any type of alarm, closer than one-hundred (100) feet block, or to park any vehicle within the one-hundred (100) feet block of block where fire apparatus has stopped to answer a call for service. The same order applies to an ambulance Driving over a Fire Hose - It shall be unlawful for the driver of any vehicle to drive over any hose of the fire department without the consent of the fire chief or his designee Passing Vehicles - No passing is allowed on any street within the City unless specifically allowed Limited Loads - It shall be unlawful to drive a vehicle over the gross weight requirements on the surface of any street where the weight of vehicles permitted on such street is limited by signs indicating such., Strikethrough, Strikethrough, Not Strikethrough, Strikethrough, Strikethrough Pedestrians Right of Way - The driver of any vehicle, including golf carts and low speed vehicles, shall yield the right of way to a pedestrian crossing the road or street within any marked crosswalk, or within any unmarked crosswalk, or within any trail way Peddlers Exceptions to chapter provisions - The provisions of this chapter shall not apply to solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in this city; nor shall this chapter apply to the sale, or soliciting of orders for the sale, of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce grown or produced by the person selling the same., Strikethrough Entrance to premises posted - It shall be unlawful for any peddler to enter upon any private premises when such premises are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect Refusing to leave - Any peddler who enters upon premises owned, leased or rented by another and who refuses to leave such premises after having been notified by the owner or occupant thereof, or his agent, to leave the premises and not return shall be deemed guilty of a misdemeanor Misrepresentation - It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same Hours of operation - It shall be unlawful for any peddler to engage in the business of peddling within the City between the hours of 9:00 p.m. and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer Alarms Registration and Permit Required (a) Permit requirements - Upon receipt of a completed application form, an alarm permit shall be issued. Rev Rev

11 (b) Application requirements - The application form for an alarm permit shall include such information as reasonably required by the Tega Cay Police Chief. (1) Applicant's name or name of business. (2) Alarm location. (3) Alarm company's name. (4) Names of two people, if possible, 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. (5) Alarm registration number as issued by the alarm company. (c) Changes - It is the permits holders' responsibility to report any changes in the permit information to the Tega Cay Police Department. Changes to the permit information will be free of charge and shall be updated on a timely basis. Changes to the permit application shall be submitted to the Tega Cay Police Department. (d) Failure to respond - Notwithstanding the requirement that there be a good faith effort on the part of the owner or tenant or designee to arrive at premises within one-half hour. The registered owner of the alarm on the permit will be the liable party to ensure that personnel are available to respond upon request 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 enhanced 911 emergency telephone system Duties of the alarm user (a)the alarm user liability shall be [to]: (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 location within 30 minutes when notified by the Tega Cay Police Department to deactivate a malfunctioning alarm system, to provide right of entry to the premises, or to provide alternative security for the premises; and (3) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report or to perform routine maintenance as prescribed by alarm system provider. (4) An alarm user must obtain a new permit if there is a change in address or ownership of a business or residence 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) An alarm company performing monitoring services shall: Rev Rev

12 (1) Attempt to verify, by calling two contacts (in the case of a failed verification on the first called contact) listed on the alarm application, an alarm signal from an alarm system before requesting a law enforcement personnel response except in the case of a panic or robbery-in-progress alarms and fire alarm, when applicable; and (2) Communicate a cancellation to the law enforcement or fire personnel as soon as possible following 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 Towing of Vehicles Towing of Illegally Parked Vehicles - The police department is hereby authorized to have removed away by a commercial towing service, any car or other vehicle illegally parked where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or driveway, obstructs or may obstruct the movement of any emergency vehicle, or obstructs the delivery of mail services. Any car or motor vehicle parked where parking is prohibited or restricted may also be removed and towed away Removal of Disabled or Abandoned Vehicles; Police Directed Tows The city manager, or his/her designee, shall be responsible for insuring that disabled or abandoned vehicles and police directed tows are removed from the public rights-of-way or other public property in a timely manner to serve the health, safety, and general welfare of the public. In order to accomplish this purpose the city manager, or his/her designee, shall have the authority to contract with one or more private companies to provide wrecker services to the city or may, within budgetary constraints, provide such services with city equipment and personnel, any such contract for wrecker services shall contain, but not be limited to, provisions for the following: (a) Full compliance with the provisions of this chapter. (b) Standards for response times to calls for services and requirements for 24-hour service and availability for release of towed vehicles. (c) Storage area requirements. (d) Insurance and indemnification requirements to protect the city s interests. (e) Recordkeeping requirements. (f) Special equipment requirements Towing of Vehicles - If it is necessary to have a vehicle towed for a parking violation the owner or offender shall pay all towing and impound fees before the vehicle can be reclaimed Abandoned Motor Vehicles Prohibited Acts - It shall be unlawful for any owner, renter, tenant, lessee, or user of any real property within the City except licensed new and used car dealers, garages and/or body shops for vehicular repair, or junkyards, to permit a vehicle which includes, but is not limited to, automobiles, trucks, trailers or campers, not having a current motor vehicle license and upon which property taxes have not been paid to be brought upon, remain parked or stored upon such real property, unless such vehicle is completely enclosed in a building. Rev Rev Formatted: Indent: Left: 0.06" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Indent: Left: 0.56" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56", Not Strikethrough Formatted: Font color: Custom Color(RGB(83,129,53)) Formatted: Indent: Left: 0.06"

13 Notice to owners and lienholders - The provisions of S.C. Code 1976, are adopted by reference and shall control in the enforcement, notice and removal of abandoned and derelict vehicles in the City Recreational Vehicles and/or Pleasure Vehicles Occupation - It shall be unlawful to occupy any recreational vehicle for residence or business purposes anywhere in the City,. provided that ooccupation for residence purposes for a period of not more than three (3) days shall not be considered to be a violation of this section. However, a 72 hour permit must be obtained from the City Parking on Property - The parking of campers, recreational vehicles, boat and water craft trailers is permitted in garages and/or residential driveways from March 1 to September 30. Parking of such vehicles shall not restrict access to common parking pads and common driveways. Parking of such vehicles from October 1 to February 28 without a with a 72 Hour Parking Permit issued by the City. is considered unlawful. Parking of campers or recreational vehicles on private property at any time without a 72 Hour Parking Permit shall be considered unlawful, unless it is a hardship case where a resident is actively making repairs to the vehicle. Such Parking Permits must be posted on the vehicle and are limited to four (4) renewals within a 30-day period. Parking on public property is prohibited unless signs are otherwise posted and/or written permission is granted for a temporary variance. An example of such a variance would be temporary parking for a City-sponsored special event Screening of Recreational / Pleasure Vehicles - No recreational/pleasure vehicle shall be parked or stored in any garage that is regularly left open. The garage door shall be kept closed except when opening such enclosure is necessary to obtain access to such vehicle., Strikethrough, Strikethrough, Strikethrough, Strikethrough Rev Rev

14 Business License Exemption - Excluded from this section is commercial ventures where storage and maintenance are part of business operation and a placard obtained from the City is attached so that it may be visible., Strikethrough Formatted: Font color: Custom Color(RGB(83,129,53)) Obstructing View and Possible Hazards along Roadway Prohibited Acts - It shall be unlawful to construct or maintain or permit to remain any fence, sign, wall, bushes, or other plants which obstructs the view of a motorist or pedestrian. The land immediately surrounding all intersections shall be kept clear of tall vegetation and other obstructions which may restrict the views of other vehicles approaching any intersection Animal Control Provisions and Requirements - The City of Tega Cay has adopted all provisions and requirements of the existing York County Animal Control Ordinance as amended on October 15, 2012, and it has been made part of this Ordinance as set out herein Identification - It is required that each dog owner shall purchase annually, before May 1 st, an identification tag from the City and cause same to be displayed on the animal. The identification tag shall serve as proof of the ownership of the dog Discharging a Shotgun, Pistol, Rifle, Air Propellant, or other Firearm within City Limits Discharge of Dangerous Devices Except for as preempted by State and/or Federal Law, it shall be unlawful for any person to discharge a firearm or fire an air propellant gun, bow or crossbow. It shall also be unlawful to detonate, or ignite, within municipal limits, any object or article designated to cause damage to life or property. The discharging of a BB gun, pellet gun, air propellant gun, or a paintball gun is also prohibited. It is further advised that the threat of use of any object or article designed to cause damage to life or property will be a violation, as if the firing, igniting, or detonating took place. This would occur if a person pointed or made a threat to point or use a shotgun, pistol, rifle, air propellant, bow or crossbow at another person or dwelling Permit for Venomous Reptile - The Chief of Police or his designee may issue a permit for the eradication of venomous reptile Prerequisites to Permit and Application for Permit - No permit shall be issued to any person until such applicant shall file with those charged with the administration of this Ordinance, a sworn statement in writing. The application shall include the following: (a) Name, social security number, driver s license number, residential and business address and telephone number, age, sex, and citizenship of the applicant and the designee if other than the applicant; (b) The name of the manufacturer, the caliber or gauge, the model, type, and serial number identification of the firearm; (c) A statement that the applicant, or his designee, has not been convicted within the last five years of: Rev Rev (1) Any violation of any law relating to the unlawful use, possession, or sale regarding any type of firearm; (2) Any violation of any law relating to the unlawful use, possession, or sale of any narcotic or dangerous drug; (3) The applicant has vision or corrected vision better than or equal to that defined and required by the South Carolina Department of Motor Vehicles driver s license requirements; (4) Any violation of any crime of violence or moral turpitude. (d) That all other applicable authorities (if there are any) have been notified of pending application and advised the Chief of Police will hear objections and agreements.

15 (e) The reason for seeking a special extension. (f) A vicinity map showing the location of the applicant's property and approximate area of infestation. (g) A list of all potential hazards to safely caring out disinfestations. (h) Special qualifications of applicant/designee as to the ability and expertise in the handling of firearms. (i) Such other information as deemed reasonable necessary to effectuate the purpose of the permit Investigations - Upon receipt of an application for an exception to discharge a firearm, the Chief of Police shall investigate the information contained in said application to determine whether the application and firearm meet the requirements under this Ordinance. Failure by the applicant to respond to investigation inquiries shall be sufficient grounds for denial. (a) No permit shall be issued to any person(s) if applicant or designee is under 21 years of age. (b) No permit shall be issued for the discharging of a shotgun or handgun and for using ammunition rated as numbers 7 1/2, 8, or 9 shot also known as bird or rat shot. (c) No permit shall be issued to discharge a firearm except for the purpose of eradicating dangerous venomous reptiles. (d) The permit shall expire 30 days after issuance; however, a 30 day extension may be granted upon permission of the Chief of Police. (e) It shall be required that during the permit period that within 12 hours after the discharging of the firearm, the applicant shall notify the Police Department of his doing same and the appropriate records shall be maintained. (f) The applicant shall notify all adjoining property owners, in writing, within 200 feet of property boundaries that an application for a permit to discharge a firearm has been granted and the approximate time and date of the discharge. (g) The following statement shall be printed on the permit and applicants signature of acknowledgment: I understand and accept the terms of this permit and will carry out all requirements. I further understand that by the act of discharging a firearm, I will be under reasonable apprehension that physical harm might befall me or some other person I am entitled to protect. Further, should my act rise to civil liability, I will assume all responsibility, cost, and litigation and will abdicate the City of any involvement by reason of their issuing the permit Contraband - Any device used within the City in violation of this chapter is declared to be contraband, and such device shall be seized by the police department and sold, destroyed, or kept for departmental use as determined by the Chief of Police. South Carolina Code of Laws ; Burning Regulations Acts Prohibited - It shall be unlawful to ignite or burn any trash, grass, brush, leaves, or combustible materials, or causing to be burned including, containerized burning for purposes of heat for construction workers, within the corporate limits of the City. However, a permit obtained from the Fire Chief serving the City, for a controlled, contained and observable burning, characteristic of a recreation, service organization, or municipal use is allowed. This section does not apply to residential property where a fire for individual pleasure is contained in an outdoor fireplace, fire bowl, fire pit, or chimnea. Rev Rev

16 70.16 Unlawful Parking Acts Prohibited - It shall be unlawful to stop, stand, or park a vehicle in any of the following places: (a) On a sidewalk (b) In front of a public or private driveway (c) Within 15 feet of a fire hydrant. (d) Within 30 feet of a stop sign or intersection (e) Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic. (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street to include a cul-de-sac. (g) At any place where signs prohibit (h) At any place where signs restrict parking for permits and such permit is not on vehicle (i) Not in compliance with the direction of a police officer (j) On a street or road, in a manner to leave less than 10 feet of clear pavement for vehicular traffic to pass (k) On any public streets, roads, or parking lots for auto repair or maintenance with the exception of repairs that are necessitated by emergency (l) Within 10 feet of a mailbox or in manner that would disrupt mail delivery (m) In a place that would constitute a hazard or unsafe condition (n) In a place that would conflict with other traffic (o) In the front, rear or side yards. Formatted: Line spacing: 1.5 lines Use of Parking Pads Parking pads are for the use of property occupants, and their guests, of the immediately adjoining properties and common driveways Enforcement - Whenever any police officer finds a vehicle stopped, standing, or parked in any area that conflicts with this ordinance, such officer is authorized to issue a parking ticket to said vehicle Towing of Vehicles - If it is necessary to have a vehicle towed for a parking violation the owner or offender shall pay all towing and impound fees before the vehicle can be reclaimed., Strikethrough Hindering Officers in the Line of Duty Acts Prohibited - It shall be unlawful for any person to hinder or obstruct a police officer, deputy sheriff, animal control officer, code enforcement officer or any other enforcement officer charged with the enforcement of the Ordinances of the City and the laws of the State when they are attempting to carry out their official duty False Information - Persons shall not give false information or conceal any person, information, or evidence about a criminal case Disorderly Conduct Acts Prohibited - It shall be unlawful to commit any breach of peace, conduct oneself in a Rev

17 disorderly manner, fight, use open profanity, commit public drunkenness (by drugs, alcohol, or other unlawful substance) or conduct oneself in a manner grossly indecent or dangerous to himself or others Entering Vehicle Acts Prohibited - It shall be unlawful for any person to enter or attempt to enter any part of a vehicle owned or operated by another person without such other person's consent Display or Consumption of Beer, Wine, or other Alcoholic Beverage in Public Acts Prohibited - It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding private businesses except when a permit exists that is issued by the Chief of Police or City Administration for City park rentals or events Conflicting Laws - This section is not intended to be in conflict with and will not be in conflict with any State laws regulating the consumption of sealed, licensed liquors Drugs and Drug Paraphernalia Counterfeit Drugs - Any person who shall distribute or sell any substance under the pretense that such substance is an illegal drug, illegal narcotics or controlled substance when such substance is, in fact, not an illegal drug, illegal narcotics 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 Determination whether object is Drug Paraphernalia; factors for consideration - In determining whether or not an object is drug paraphernalia, in a court or other authority should consider, in addition to all other logically relevant factors, the following: Rev (a) Statements by an owner or by anyone in control of the object concerning its use; (b) 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; (c) Proximity of the object, in time and space, to a direct violation of this article; (d) Proximity of the object to controlled substances; (e) Existence of any residue of controlled substances on the object; (f) Direct or circumstantial evidence of the intent of an owner or of 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 an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia; (g) Instructions, oral, or written, provided with the object concerning its use; (h) Descriptive materials accompanying the object which explain or depict its use; (i) National and local advertising concerning its use; (j) The manner in which the object is displaced for sale; (k) Whether or not 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; (l) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;

18 (m) Existence and scope of legitimate uses for the object in the community; and (n) Expert testimony concerning its use 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, inhale, or otherwise introduce the human body a controlled substance in violation of this section. Any person who violates this section is guilty of a misdemeanor Manufacture or Delivery of Drug Paraphernalia - It is lawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inject, inhale, or otherwise introduce into the human body a controlled substance in violation of this section. Any person who violates this section is guilty of a misdemeanor Delivery of Drug Paraphernalia to a Minor - Any person 17 years or older who violates section by delivering drug paraphernalia to a person under 17 years of age is guilty of a misdemeanor Advertisement of Drug Paraphernalia - It is unlawful for any person to place in any newspaper, magazine, handbill or other publication and advertisement knowing, or under circumstances where one reasonably should know, that the purpose of this advertisement, in whole or in part, is 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 Civil Forfeiture - Any item of personal property which is legally confiscated by law enforcement will be forfeited. Any such property will be secured by the City Police Department for a period of ten days and thereafter, the City will either destroy such property or sell such property as may be used for legitimate purposes. Property subject to be forfeited under this article may be seized by the municipal judge Seizure - Seizure without process may be made if the seizure is incident to arrest or a search under a search warrant Prohibitions at Public Boat Landings & Docks Acts Prohibited - It shall be unlawful for any person to possess any of the following articles or commit any of the following acts at any public boat landing and/or dock open to the general public (a) Destroying, defacing, disturbing or removing any public building, sign, structure or equipment; (b) Killing or harming any bird or animal; (c) Building any fire in any place other than those places specifically designated for the purpose; (d) Disposing of garbage or other refuse in places or receptacles other than those provided for the purposes; (e) Possession of any firearms, air guns, explosives, or fireworks; With the exception of possessing a shotgun during the migratory fowl season by a licensed hunter. (f) Operating vehicles in excess of posted speed limits or parking in restricted areas; (g) Consuming or displaying in public any intoxicating beverage, narcotic drug, barbiturate, paraphernalia or other drug or other substance of like character; (h) Behaving in a disorderly or boisterous manner, or using obscene or profane language; and (i) Loitering on or about the premises Penalty - Any person violating any provisions of this chapter shall be guilty of a misdemeanor. Formatted: Font color: Custom Color(RGB(83,129,53)) Graffiti Rev