CODE OF ORDINANCES BEAUFORT, SOUTH CAROLINA

Ordained and Published
in 1984
by Authority of the
City Council

 

 

Codification:	Municipal Association of South Carolina
	1213 Lady Street
	P.O. Box 11558, 803/799-9574
	Columbia, South Carolina 29211

 

 

 

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OFFICIALS
OF
CITY OF BEAUFORT, SOUTH CAROLINA

____________

Billy Keyserling
Mayor

____________

Donnie Ann Beer
Mike Sutton
Gary B. Fordham
Mike McFee
Council Members

____________

Scott F. Dadson
City Manager

____________

Beverly W. Gay
City Clerk

____________

William B. Harvey III
City Attorney

____________

Ralph E. Tupper
Municipal Court Judge

____________

Mary E. Sharp
Associate Judge

____________

Linda Roper
Clerk of Court

FOREWORD

This code of ordinances is provided by the Municipal Association of South Carolina as a part of its services program for cities and towns in South Carolina. Technical staff assistance has been provided by PRM Law Publishers of Atlanta, Georgia, which was responsible for the organization, codification, indexing and printing of this code.

The City of Beaufort was initially incorporated on December 17, 1803. The Charter of May 2, 1913 placed Beaufort under the general law for the government of municipalities. On October 8, 1975, the city adopted the Council-Manager form of government pursuant to the Home Rule Statute, Act No. 283 of 1975. The Certificate of Incorporation was issued by the Secretary of State on June 15, 1976.

This codification provides a complete revision and codification of all ordinances of a general and permanent nature of the city. All obsolete, illegal or superseded ordinances have been repealed as a part of the codification. All amended ordinances are brought up to date. The code also includes certain new ordinances that were prepared to fill in gaps not covered by existing ordinances.

The code includes several features that will facilitate its use. The various chapters and articles follow one another in a natural, logical order. The table of contents, with a complete outline of this order, will often provide sufficient reference points for the reader. In addition, the reader may consult the alphabetical index at the end of the volume. At the beginning of each chapter there is a section-by-section analysis of the articles within the chapter.

Non-textual provisions such as severability clauses, repeals and enacting clauses are omitted from the text but are covered in part 1, chapter 3, article C of the code. In most instances, references to "this ordinance" in the text of an ordinance have been changed to "this chapter" or "article" as deemed appropriate. Various editorial notes, state law references, and amendment notes have been included throughout the code to clarify its provisions.

The citations included at the end of sections apply to the original source and approval date of ordinances. Sections of the code which do not have a citation represent new ordinances that have been added to fill in gaps or to replace ordinances which have become outdated.

The new code is published in loose-leaf form so that all new ordinances may be printed for inclusion on a regular basis. The Municipal Association of South Carolina has available a periodic updating service. Such service can be secured through an agreement between the municipality and the Association under which the clerk-treasurer would send new ordinances, and the Association would provide new and replacement pages for the code.

We gratefully acknowledge the cooperation and assistance rendered by the city officials in the preparation of this code.

J. McDonald Wray Executive Director Municipal Association of South Carolina

 

WHEREAS, the municipality of Beaufort, S. C., is incorporated under the laws of the State of South Carolina.

AND WHEREAS, a charter has been issued to the above municipality of Beaufort, S. C. (December 17, 1803).

AND WHEREAS, Section 47-26 of the 1962 Code of Laws, as amended, requires that all municipalities to adopt a specific form of government.

AND WHEREAS, an ordinance was filed with the Secretary of State on June 15, 1976, setting forth;

FIRST: The name of the municipality is Beaufort, S. C.

SECOND: The form of government adopted is Council-Manager form of government.

NOW THEREFORE, I, O. Frank Thornton, Secretary of State, by virtue of authority vested in me by section 47-28 of the 1962 Code, as amended, do hereby issue to the municipality of Beaufort, S. C., this Certificate of Incorporation with the privileges, powers and immunities, and subject to the limitations prescribed in Act. No. 283 of 1975.

GIVEN under my Hand and Seal of the State, this the 15th day of June in the year of our Lord one thousand nine hundred and 76, and in the two hundredth year of the Independence of the United States of America.

/s/ O. Frank Thornton       Secretary of State

 

ADOPTING ORDINANCE

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF BEAUFORT, SOUTH CAROLINA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BEAUFORT, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED AND BY AUTHORITY OF THE SAME THAT:

Section 1. The code of ordinances (hereinafter called the code), consisting of Parts 1 through 9 inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Beaufort, 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 city passed on or before August 1, 1979, to the extent provided in section 2 hereof.

Section 2. All provisions of the code shall be in full force and effect following adoption, and all ordinances of a general and permanent nature of the City of Beaufort, enacted on final passage on or before August 1, 1979, are repealed except as hereinafter provided. All previous resolutions of the city, not specifically preserved herein, are repealed.

Section 3.  (a) The repeal provided for in section 2 hereof shall not cover nor affect the following:

(1)

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;

(2)

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

(3)

The administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of the code;

(4)

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

(5)

Any appropriation ordinance or resolution;

(6)

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

(7)

Any ordinance or resolution dedicating, naming, establishing, etc., any street or public way in the city;

(8)

Reserved.

(9)

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

(10)

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

(11)

Any ordinance establishing the city boundaries or annexing property to the city;

(12)

Any zoning ordinance of the city or amendments thereto;

(13)

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

(14)

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, not inconsistent with the code;

(15)

Any ordinance or resolution fixing utility rates and charges;

(16)

Any ordinance enacted after August 1, 1979.

(b)

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

Section 4. Whenever in the code an act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor by council, or whenever in the code the doing of any act is required or the failure to do any act is declared to be unlawful by council, and no specific penalty is provided therefor, the violation of any such provisions of the code shall be punished by a fine of not more than $200, or imprisonment for a term not exceeding 30 days, as provided in section 1-3048 of the code.

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

Section 6. In case of the amendment by council of any section of the code for which a penalty is not provided, the general penalty as provided in section 1-3048 of the code shall apply to the section as amended; or in case the 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 the penalty is specifically repealed therein.

Section 7. A copy of the code shall be kept on file in the office of the clerk, preserved in loose-leaf form, or in such other form as the clerk may consider most expedient. It shall be the express duty of the clerk, or someone authorized by the clerk, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of 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 the code all provisions which may be repealed from time to time by council. This copy of the code shall be available for all persons desiring to examine the same.

Section 8. It shall be unlawful for any person to change or alter by addition or deletion, any part or portion of the code, or to insert or delete pages or portions thereof, or to alter or tamper with the code in any manner whatsoever which will cause the law of the City of Beaufort to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-3048 of the Code of Ordinances of the City of Beaufort and in section 4 of this ordinance.

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

PASSED, APPROVED AND ADOPTED BY COUNCIL ON THIS _____ DAY of ________, 19___.

	/s/ Henry C. Chambers       Mayor
ATTEST:
	/s/ Joyce G. Douglass       City Clerk

 

1st reading September 25, 1979

2nd reading and adoption October 8, 1979