Title 2 PUBLIC SAFETY
Chapter 2.08 LAW ENFORCEMENT
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)
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