OFFICIALS AT REPUBLICATION

 

K.G. Rusty Smith, Jr.
Chairman

____________

Waymon Mumford
Vice-Chairman

____________

H. Morris Anderson
Secretary-Chaplain

____________

Mitchell Kirby
Russell W. Culberson
Johnnie D. Rodgers, Jr.
J. Ken Ard
Alphonso Bradley
James T. Schofield
Councilmen

____________

Richard A. Starks
County Administrator

____________

James C. Rushton, III
County Attorney

____________

Connie Y. Haselden

Clerk of Council

PREFACE

This Code is a republication of the ordinances of Florence County of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CODE	CD1:1
LOCAL AND SPECIAL ACTS	SA:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SRT:1
CODE INDEX	CDi:1

 

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the second section of Chapter 8 is 8-2.

Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 5-4 and 5-5 is desired to be added, such new sections would be numbered 5-4.1, 5-4.2, 5-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 10 and 11 it will be designated as Chapter 10.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under the direct supervision of Eric Grant, Vice President and Peggy Lamar, Editor of Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. Special appreciation is due to Connie Haseldon, Clerk to Council for her cooperation and interest during the preparation of this Code.

December, 2007

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ORDINANCE NO. 5-78/79

An Ordinance Adopting and Enacting a New Code of Ordinances of the County of Florence County, South Carolina; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

Now Be It Ordained:

Section 1. That the Code of Ordinances, consisting of chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the County of Florence County, South Carolina," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the county passed on or before October 4, 1977, to the extent provided in section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after December 18, 1978, and all ordinances of a general and permanent nature of the County of Florence County, enacted on final passage on or before October 4, 1977, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after December 18, 1978, except as hereinafter provided. No resolution of the county, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in section 2 hereof shall not affect the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

(b)

Any ordinance or resolution promising or guaranteeing the payment of money for the county, or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness, or any contract or obligations assumed by the county;

(c)

The administrative ordinances or resolutions of the county not in conflict or inconsistent with the provisions of such Code;

(d)

Any ordinance or resolution fixing salaries of officers or employees of the county;

(e)

Any appropriation ordinance or resolution;

(f)

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

(g)

Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the county;

(h)

Any ordinance or resolution establishing and prescribing the street grades of any streets in the county;

(i)

Any ordinance or resolution providing for local improvements or assessing taxes therefor;

(j)

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

(k)

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

(l)

Ordinances or resolutions prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, speed limits and other specific traffic regulations, not inconsistent with such Code;

(m)

Any ordinance or resolution fixing utility rates and charges;

(n)

Any ordinance enacted after October 4, 1977.

Nor shall such repeal be construed to review any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor by the council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the county council, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished by a fine of not more than two hundred dollars ($200.00), or imprisonment for a term not exceeding thirty (30) days, as provided in section 1-13 of such Code.

Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the county council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the County of Florence County, South Carolina," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment by the county council of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-13 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the Clerk of Council, preserved in looseleaf form, or in such other form as the Clerk of Council may consider most expedient. It shall be the express duty of the Clerk of Council, or someone authorized by him, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the county council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be repealed from time to time by the county council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the County of Florence County to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-13 of the Code of Ordinances of the County of Florence County, South Carolina and in section 4 of this ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

This Ordinance No. 5-78/79 shall be effective after third and final reading and publication.

Adopted this 5th day of December, 1978.

s/s R. L. Poston, Chairman

s/s Wylie H. Caldwell, Jr., Vice Chairman

s/s Jerry M. Keith, Secretary-Chaplain

s/s D. M. Bath

s/s Foster M. Lynch, III

s/s Robert H. Rhodes

s/s Jim R. Harwell

s/s L. O. "Buddy" Lamb

s/s J. Ted Vause, Jr. Councilmen

1st Reading November 9, 1978

M Robert H. Rhodes S Jim R. Harwell

2nd Reading November 17, 1978

M Jerry M. Keith S L. O. Lamb

3rd Reading

December 5, 1978

M Jerry M. Keith S Jim R. Harwell

This Ordinance Published December 13, 1978

This Ordinance Effective December 18, 1978

ORDINANCE NO. 13-2011/12

COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT
FOR FLORENCE COUNTY

(An Ordinance Adopting And Enacting A New Code Of Ordinances Of The County Of Florence County, South Carolina; Establishing The Same; Providing For The Repeal Of Certain Ordinances Not Included Therein, Except As Herein Expressly Provided; Providing For The Manner Of Amending Such Code Of Ordinances; Providing A Penalty For The Violation Thereof; And Providing For The Effective Date Of This Ordinance.)

WHEREAS:

The Florence County Code has been reformatted into the large page format and a recodification of the Code will simplify recordkeeping.

BE IT ORDAINED BY THE COUNTY COUNCIL DULY ASSEMBLED THAT:

Section 1. That the Code of Ordinances, consisting of chapters 1 to 30, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the County of Florence County, South Carolina," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede the "Code of Ordinances of the County of Florence County, South Carolina", adopted on December 5, 1978, as amended, in its entirety and all other general and permanent ordinances of the county passed on or before August 18, 2011 and, to the extent provided in section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after December 8, 2011, and all ordinances of a general and permanent nature of the County of Florence County, enacted on final passage on or before August 18, 2011, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after December 8, 2011, except as hereinafter provided.

Section 3. That the repeal provided for in section 2 hereof shall not affect the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

(b)

Any ordinance or resolution promising or guaranteeing the payment of money for the county, or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness, or any contract or obligations assumed by the county;

(c)

The administrative ordinances or any resolutions of the county not in conflict or inconsistent with the provisions of such Code;

(d)

Any appropriation ordinance or resolution;

(e)

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

Nor shall such repeal be construed to review any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor by the council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the county council, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished by a fine or imprisonment, as provided in section 1-13 of such Code.

Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the county council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the County of Florence County, South Carolina," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment by the county council of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-13 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the Clerk to Council, preserved in loose leaf form, or in such other form as the Clerk of Council may consider most expedient. It shall be the express duty of the Clerk of Council, or someone authorized by him, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the county council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be repealed from time to time by the county council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the County of Florence County to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-13 of the Code of Ordinances of the County of Florence County, South Carolina and in section 4 of this ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed, except as noted elsewhere herein.

Section 10. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this Ordinance are severable.

ATTEST:
SIGNED:

/s/ Connie Y. Haselden       Connie Y. Haselden, Council Clerk

	/s/ K.G. Rusty Smith, Jr.       K.G. Rusty Smith Jr., Chairman

/s/ D. Malloy McEachin, Jr.       Approved as to Form       and Content       D. Malloy McEachin, Jr.,       County Attorney

COUNCIL VOTE: approved
OPPOSED: 0
ABSENT: 0