Title 2 PUBLIC SAFETY
Chapter 2.08 LAW ENFORCEMENT
Article I. Powers and Duties of Police Officers
2.08.010 Powers generally.
2.08.020 Obedience to superiors.
2.08.030 Supervision by superiors.
2.08.040 Duties.
2.08.050 Power to request assistance.
2.08.060 Approaching within twenty feet of person being arrested.
2.08.070 Obstruction of streets, sidewalks--Crowds.
2.08.080 Cursing or abusing police officers.
2.08.090 Escape or attempting to escape.
2.08.100 Reports by officers.
2.08.110 Uniform ordinance summons.
Article II. Organization, Rules and Regulations
2.08.120 Policies--Emergency assistance.
2.08.130 Publishing of procedures.
2.08.140 Collection and disposition of fines.
2.08.150 Orders and communications.
2.08.160 Chief of police.
2.08.170 Personal appearance.
2.08.180 Drinking on duty.
2.08.190 General demeanor.
2.08.200 Off-duty conduct.
2.08.210 Discussion of activities.
Article I. Powers and Duties of Police Officers
2.08.010 Powers generally.
Each police officer shall be sworn in and thereupon shall be invested with
all the powers of constables within the corporate limits of the city and of its
police jurisdiction. Each officer also shall have the power to carry out all
duties assigned to him by statute, ordinance, resolution, directive, rule or
regulation as is necessary or by implication. (Ord. O-10-93 § 4 (part),
1993; prior code § 2-2-1)
2.08.020 Obedience to superiors.
The chief of police at all times shall be recognized and respected by each
member of the department as superior officers. Any disregard, inattention or
disobedience of the proper general or special orders shall be reported to the
fire chief and the chief of police. (Ord. O-10-93 § 4 (part), 1993; prior
code § 2-2-2)
2.08.030 Supervision by superiors.
It shall be the duty of the chief of police, to properly distribute
officers over the city in such manner as to obtain the best results and most
efficient service. He shall initiate such programs as will provide him with
information and reports and shall maintain regular contact with members of the
division. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-3)
2.08.040 Duties.
It shall be the duty of each officer to arrest and/or report any person
violating laws or ordinances within the city, or on city property, and failure
or neglect to do so shall make him liable to fine, suspension or discharge.
(Prior code § 2-2-4)
2.08.050 Power to request assistance.
Every police officer of the city is authorized and empowered to call upon
any bystander to assist in making any arrest when such assistance is necessary.
Any person responding to such call and assisting in an arrest shall be protected
as fully in his action as a police officer of the city. (Ord. O-10-93 § 4
(part), 1993; prior code § 2-2-5)
2.08.060 Approaching within twenty feet of person being arrested.
It is unlawful for any person to wilfully approach nearer than twenty feet
of any police officer who is making or attempting an arrest, or while on his way
to jail with his prisoner. All officers are empowered to order all persons away
from the vicinity of the site of arrest or the jail while any person is being
placed therein or being held for custody. Refusal to obey this section shall be
a misdemeanor. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-6)
2.08.070 Obstruction of streets, sidewalks--Crowds.
Each police officer shall be empowered to use any reasonable means to
prevent the obstruction of the sidewalks or streets, and to disperse all crowds
of a riotous nature, or those disturbing the peace and quiet of the city. (Ord.
O-10-93 § 4 (part), 1993; prior code § 2-2-7)
2.08.080 Cursing or abusing police officers.
It is unlawful for any person to curse or abuse any police officer on duty
in the city. Continued cursing or abuse after arrest shall be a separate
offense. (Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-8)
2.08.090 Escape or attempting to escape.
It is unlawful for any person, after being lawfully arrested, or sentenced
to imprisonment, or while in the custody of any officer, to escape, to attempt
to escape, or to have in his possession tools or weapons which may be used to
facilitate an escape. (Prior code § 2-2-9)
2.08.100 Reports by officers.
(a) Each police officer shall report to his superior officer before
entering upon his daily duties for assignments and information and must make
such other regular reports as are required by these rules or by his superior
officer.
(b) At every change of shift, the officer in charge shall make a
written report of all nuisances and misdemeanors that may have occurred during
his shift, citing names, places, times, dates and all other pertinent
information. This report shall be made in duplicate with the original being
filed with the commander and a copy being given to the officer in charge of the
succeeding shift or shifts.
(c) A permanent record book must be maintained
which shall show the names, addresses, charges, bonds or pledges, trial and
disposition of each person arrested. (Ord. O-10-93 § 4 (part), 1993; prior
code § 2-2-10)
2.08.110 Uniform ordinance summons.
(a) The city of Travelers Rest, South Carolina, does adopt a uniform
ordinance summons for use in the enforcement of municipal ordinances. Any
municipal law enforcement officer or code enforcement officer is authorized to
use the uniform ordinance summons. The city shall be responsible for the
printing, distributing, monitoring and auditing of the ordinance summons to be
used by the city.
(b) The uniform ordinance summons may not be used to
perform a custodial arrest. The uniform ordinance summons may not be used to
enforce any municipal ordinance which regulates the use of motor vehicles on the
public roads of the state of South Carolina.
(c) The uniform ordinance
summons must cite only one violation per summons and must contain at least the
following information:
(1) Name and address of person or entity
charged;
(2) Name and title of issuing officer;
(3) Time, date and
location of the hearing;
(4) A description of the ordinance the person or
entity is charged with violating;
(5) Procedure to post bond;
and
(6) Any other notice or warning otherwise required by law.
The
uniform ordinance summons shall be consecutively and discreetly numbered. The
ordinance summonses shall be audited as part of the annual independent audit
required by South Carolina Code Annotated Section 5-7-240 (1976), as amended,
and a separate copy of each audit must be furnished to the city
administrator.
(d) Service of a uniform ordinance summons vests the city
municipal court with jurisdiction to hear and dispose of the charge for which
the uniform ordinance summons was issued and served.
(e) Any municipal law
enforcement officer or code enforcement officer who serves a uniform ordinance
summons must allow the person served to proceed without first having to post
bond or to appear before a magistrate or municipal judge. Acceptance of a
uniform ordinance summons constitutes a person’s recognizance to comply
with the terms of the summons. Any person who fails to appear before the
municipal court as required by a uniform ordinance summons, without first having
posted such bond as may be required or without having been granted a continuance
by the municipal court, is guilty of a misdemeanor and, upon conviction must be
fined not more than two hundred dollars nor imprisoned for more than thirty
days. The city police officer processing an arrest made pursuant to this
ordinance must furnish such information to the state law enforcement division as
is required by Chapter 3, Title 23, of the Code of Laws of South Carolina as
amended.
(f) The attached form is hereby adopted as the city of Travelers
Rests’s uniform ordinance summons.
(g) The municipal court shall
maintain a record of all cases heard which are charged on an ordinance
summons.
(h) This ordinance shall not prohibit the city from enforcing
ordinances by any means otherwise authorized by law. (Ord. O-10-93 § 4
(part), 1993; Ord. O-01-93, 1993)
Article II. Organization, Rules and Regulations
2.08.120 Policies--Emergency assistance.
(a) The council shall have full power to prescribe any and all such
policies, rules and regulations for law enforcement as shall be recommended by
the standing committee in charge thereof.
(b) In cases of emergency, the
members of council may assist the department and lend their presence to the
authority of the city, but shall leave the actual directing of operation to the
chief of police. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-41)
2.08.130 Publishing of procedures.
A compilation of the rules of procedure and rules of conduct plus a list
of the shifts and officers in charge shall be made by the chief of police or
commander and posted in a conspicuous place within headquarters. This list shall
be kept current. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-42)
2.08.140 Collection and disposition of fines.
The clerk of court, under the direction of the chief of police, shall
collect all fines and daily pay over the same to the clerk-treasurer, taking a
receipt therefor. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-43)
2.08.150 Orders and communications.
(a) All orders, directions and communications shall be in accordance with
the chain of command. No police officer shall be given an order except by his
immediate superior unless there is a recognized emergency and the superior
officer is absent or unavailable.
(b) All orders shall be in writing, signed
by the chief of police, and filed with the department.
(c) No member of
council shall entertain any communication from the department unless the
superior officer of the author shall have seen the communication or shall have
given his permission for the transmittal thereof. (Ord. O-10-93 § 4 (part),
1993; prior code § 2-2-44)
2.08.160 Chief of police.
The chief of police peremptorily may suspend any police officer for
neglect of duty, disobedience of orders, or violation of any law or ordinance,
but within twenty-four hours shall report the suspension and the reasons
therefor to city administrator. The administrator may affirm or revoke the
suspension, or may discharge the officer. (Ord. O-10-93 § 4 (part), 1993;
prior code § 2-2-45)
2.08.170 Personal appearance.
(a) Each police officer on duty shall maintain an appearance of neatness,
cleanliness and dignity. His hair shall be trimmed neatly, his face shaved or
facial hair neatly trimmed, his body clean, and his nails pared.
(b) Each
police officer shall be in such uniform as his duties dictate and in keeping
with the provisions of the department and shall keep his uniform clean, pressed
and in good repair, his metal and shoes cleaned and polished, and his firearms
and equipment clean and in good working order. (Ord. O-10-93 § 4 (part),
1993; prior code § 2-2-46)
2.08.180 Drinking on duty.
No police officer on duty shall partake of any drink of any kind which
shall contain alcohol or other intoxicating liquors. (Ord. O-10-93 § 4
(part), 1993; prior code § 2-2-47)
2.08.190 General demeanor.
Each member of the police department shall conduct himself in a quiet and
orderly manner and with a deliberate and efficient determination of enforcing
the laws and ordinances of the city. (Ord. O-10-93 § 4 (part), 1993; prior
code § 2-2-48)
2.08.200 Off-duty conduct.
While off-duty, police officers shall conduct themselves in such manner as
to command the respect of the city. They shall wear no uniform or part thereof
while off duty, without prior written permission of the chief of police. (Ord.
O-10-93 § 4 (part), 1993; prior code § 2-2-49)
2.08.210 Discussion of activities.
Police officers shall not discuss the activities of the department with
the general public, nor shall they publicly discuss the employees of the
department or the city. Officers having complaints should make them to the chief
of police. (Ord. O-10-93 § 4 (part), 1993; prior code §
2-2-50)
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