§ 10-4. Disorderly conduct.

(a)

For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them:

Inciting a riot means but is not limited to urging or instigating other persons to riot, but shall not mean the mere oral or written advocacy of ideas or expression of belief not involving advocacy of any act of violence or assertion of the rightness of or the right to commit any such act.

Public place means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but not necessarily a place devoted solely to the uses of the public, including the front or immediate area of any store, shop, restaurant, tavern or other place of business, and public grounds, areas or parks.

Riot means a public disturbance involving:

(1)

An act of violence by one (1) or more persons constituting part of an assemblage of three (3) or more persons, which act shall constitute a clear and present danger of or shall result in damage or injury to the property of any other person or to the person of any other individual; or

(2)

A threat of the commission of an act of violence by one (1) or more persons constituting part of an assemblage of three (3) or more persons having, individually or collectively, the ability of immediate execution of such threat, where the performance of the threatened act of violence would constitute a clear and present danger of or would result in damage or injury to the property of any other person or to the person of any other individual.

(b)

A person shall be guilty of disorderly conduct if, with the purpose of causing or in such manner that his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:

(1)

Commits an act in a violent and tumultuous manner toward another person, whereby such person is placed in danger of his life, limb or health.

(2)

Commits an act in a violent and tumultuous manner toward another, whereby the property of any person is placed in danger of being destroyed or damaged.

(3)

Causes, provokes or engages in any fight, brawl or riotous conduct, so as to endanger the life, limb, health or property of another.

(4)

Interferes with another's pursuit of a lawful occupation by acts of violence.

(5)

Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear a public way when ordered to do so by the city police or other person known to be a lawful authority.

(6)

Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his own safety or the safety of others.

(7)

Resists or obstructs the performance of duties by the city police or any other authorized official of the city, when known to be such an official.

(8)

Incites, attempts to incite or is involved in attempting to incite a riot.

(9)

Addresses abusive language or threats to any member of the city police department, any other authorized official of the city who is engaged in the lawful performance of his duties or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited.

(10)

Damages, befouls or disturbs public property or the property of another, so as to create a hazardous, unhealthy or physically offensive condition.

(11)

Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other person nearby or near to any public highway, road, street, lane, alley, park, square or common, whereby the public peace is broken or disturbed or the travelling public annoyed.

(12)

Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity and the public health and safety is imminently threatened.

(c)

This section shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws.

(d)

It shall be unlawful for any person to be guilty of disorderly conduct as provided in this section.

(Code 1977, § 14-4)

State law reference

Public disorderly conduct, intoxication, etc., generally, S.C. Code 1976, § 16-17-530; arrest for disorderly conduct, public drunkenness, etc., S.C. Code 1976, § 14-25-90.