§ 2-1. Municipal uniform ordinance summons.

(a)

The city does hereby adopt the 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.

(b)

The city shall be responsible for the printing, distributing, monitoring, and auditing of the ordinance summons.

(c)

The uniform ordinance summons may not be used to perform a custodial arrest, or used in enforcing the regulations regarding the use of motor vehicles on the public roads of the state.

(d)

The uniform ordinance summons must cite only one (1) violation per summons and must contain at least the following information:

(1)

The name and address of the person or entity charged;

(2)

The name and title of the issuing officer;

(3)

The time, date, and location of the hearing;

(4)

A description of the ordinance the person or entity is charged with violating;

(5)

The procedure to post bond; and

(6)

Any other notice or warning otherwise required by law.

(e)

The ordinance summonses must be consecutively and discretely numbered. The ordinance summonses must be audited as a part of the annual audit.

(f)

Service of a uniform ordinance summons vests the municipal court with jurisdiction to hear and dispose of the charge for which the ordinance summons was issued and served.

(g)

Any law enforcement officer or code enforcement officer who serves an ordinance summons must allow the person served to proceed without first having to post bond or to appear before a municipal judge. Acceptance of an ordinance summons constitutes a person's recognizance to comply with the terms of the summons.

(h)

Any person who fails to appear before the court as required by an ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the court, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days. The city police department, upon processing an arrest made pursuant to this section, shall furnish such information to the state law enforcement division as required by S.C. Code of Laws ch. 3, tit. 23, as amended.

(i)

The form, attached hereto as "Attachment A" and made a part hereof this section [on file in the office of the finance director], is hereby adopted as the city's uniform ordinance summons.

(j)

The municipal court shall maintain a record of all cases heard which are charged on an ordinance summons.

(k)

This section shall not prohibit the city from enforcing ordinances by any means otherwise authorized by law.

(l)

This section shall take effect immediately upon its adoption by the mayor and city council.

(Ord. No. 93-7, 4-5-93, Ord. No. 2011-08, § 2-195, 5-2-11)