Chapter 9.16   OFFENSES AGAINST MORALITY

Sections:


9.16.010   Indecent exposure.

Any person who shall be guilty of wilful and malicious exposure of his person in any public place, on property of others, or within the view of any person on any street or highway shall be guilty of a misdemeanor and, on conviction, shall be punished by fine or imprisonment, or both, in the discretion of the court.

(Prior code § 9-4-1)

9.16.020   Bawdy houses—Leasing for use as bawdy house.

(a)

It is unlawful for any person to keep or occupy, temporarily or otherwise, any disorderly house, bawdy house or house of ill fame.

(b)

It is unlawful for the owner, lessee or occupant, or the agent of the owner, lessee or occupant of any house or building to lease or sublet such property, or any part thereof, to be used, or with the knowledge that same is intended to be used as a disorderly house, bawdy house or house of ill fame.

(Prior code § 9-4-2)

9.16.030   Solicitation for immoral purposes.

It is unlawful for any person to invite or entice any person upon the street, public square or enclosure to accompany, go with or follow any person to any place for immoral purposes, or to invite, entice or address any person from any door, window, porch or portico of any house or building to enter any house, go with or accompany any person to any place for immoral purposes.

(Prior code § 9-4-3)

9.16.040   Reserved.

Editor's note— Section 9.16.040, which pertained to the prohibition of prostitution and derived from prior code § 9-4-4, was repealed at the editor's discretion to facilitate inclusion of Ord. No. O-02-12, §§ 1—5, adopted April 19, 2012, as superseding former §§ 9.16.040 and 9.16.120. The user is directed to § 9.16.120.

9.16.050   Information or direction concerning house for immoral purposes.

It is unlawful for any person to give information about or direct any person to any house or place for immoral purposes whether the communication is by word of mouth, or direction, telephone or in writing.

(Prior code § 9-4-5)

9.16.060   Transportation for immoral purposes.

It is unlawful for any person to transport, carry or convey any person from any point within the city limits to any other point within the city limits or to any point outside the city limits for any immoral purposes.

(Prior code § 9-4-6)

9.16.070   Peeping Toms.

It is unlawful for any person to be an eavesdropper or a "Peeping Tom." The term "Peeping Tom," as used herein, shall mean any person who peeps through windows or doors, or other like apertures, on or about the premises of another for the purpose of spying upon or invading the privacy of the person or persons spied upon, or doing any other act of similar nature tending to invade the privacy of such person; provided, nothing contained herein shall prevent duly constituted officers of the law from performing their official duties in accordance with the laws of the state or city ordinances.

(Prior code § 9-4-7)

9.16.080   Coin-operated devices.

(a)

It is unlawful for any person under the age of eighteen years to use, operate or play any pinball machine. It is unlawful for the owner of any such machine to allow any minor to use such machine.

(b)

It is unlawful for the owner or operator of a coin-operated machine or amusement table to allow same to be put in use or played by any person unless a license is displayed on each machine.

(Prior code § 9-4-8)

9.16.090   Gambling—Gambling houses.

(a)

It is unlawful for any person at any place in the city to play at cards, dice, faro bank or any other gambling or device of any kind or description whatsoever for money or other property or articles of value, to bet on the sides or hands of such as to do games to inveigle or entice by any means whatsoever any other person to play such game for money or other consideration, or to be present at any such game.

(b)

It is unlawful for any person to keep or maintain a gambling house or room or place where people resort to engage in gambling or games of chance, or to permit gambling or games of chance in any building on their premises or under their control within the city.

(c)

This section shall not be construed to prohibit fundraising bingo games or raffles when conducted by a bona fide charitable organization.

(Prior code § 9-4-9)

9.16.100   Rolling papers.

(a)

Findings. Travelers Rest city council finds that "rolling papers" commonly known as "cigarette papers" or "marijuana wraps", are dangerous to the health, safety and welfare of the community. Although, historically "rolling papers" have previously been used for the otherwise legitimate purpose of rolling tobacco cigarettes, city council finds that they are now almost exclusively used for the consumption of illicit and illegal drugs which are a serious threat to the health, safety and welfare of the citizens and community. Furthermore, council finds that the danger to the health, safety and welfare outweighs the interest of individuals who want to use these items for legal tobacco consumption, which in and of itself, is also known to cause serious health problems.

(b)

Prohibition.

(1)

It is unlawful for any person, business, company or corporation to advertise for sale, vend, possess, sell, distribute, deliver, possess with intent to sell or deliver or in any way constructively possess rolling papers or cigarette papers which are suitable for, used for, or intended for use in smoking or administering marijuana, hashish, hashish oil, cocaine, crack cocaine, cocaine derivatives, heroin, opiates or other controlled substances.

(2)

In determining whether particular rolling papers are suitable for, used for, or intended for use in smoking or administering the above-mentioned illegal substances, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(A)

Statements by an owner or by anyone in control of the object concerning its use;

(B)

The proximity of the object to controlled substances;

(C)

The existence of any residue of controlled substances on the object;

(D)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law;

(E)

Descriptive materials accompanying the object which explain or depict its use;

(F)

National and local advertising concerning its use;

(G)

The manner in which the object is displayed for sale;

(H)

Law enforcement experience concerning the objects use or intended use;

(I)

Expert testimony concerning its use.

(c)

Certain Papers Not Prohibited. The provisions of this section shall in no way be construed to prohibit the sale, vending, possession, distribution or delivering of cigarette rolling papers that are not suitable for, used for or intended for use in illegal drug consumption. In determining whether cigarette rolling papers are not suitable, used for, or intended for use in illegal drug consumption, a court or other authority shall consider, in addition to all other logically relevant factors cited herein, the following:

(1)

The absence of glue or adhesives on the paper;

(2)

The narrow width of the paper;

(3)

The absence of coloring or flavoring of the paper;

(4)

National and local advertising concerning its use;

(5)

The manner in which the object is displayed for sale;

(6)

Law enforcement experience concerning the particular paper.

All potential vendors of cigarette rolling papers believed to be not suitable for, used for, or intended for use in illegal drug consumption are encouraged to confer and consult with the Travelers Rest police department's office prior to display or sale of said items to determine if law enforcement experience concerning the particular paper indicates that it is suitable for, used for, or intended for use in illegal drug consumption.

(d)

Penalties. Any person found guilty of violating the provisions of this section shall be guilty of misdemeanor and shall be punished within the jurisdictional limits of municipal court.

(Ord. O-10-93 § 4 (part), 1993; Ord. O-04-93, 1993; Ord. 02-91, §§ 1, 2, 3, 4, 1991)

9.16.110   Drug paraphernalia.

(a)

"Paraphernalia" means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, cocaine, crack cocaine, heroin, morphine, amphetamines, methamphetamines, or any other controlled substance and shall include, but not be limited to:

(1)

Metal, wooden, acrylic, glass, stone, plastic or ceramic crack, marijuana or hashish pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2)

Water pipes designed for use or intended for use with marijuana, hashish, hashish oil, heroin, crack cocaine or cocaine;

(3)

Carburetion tubes and devices;

(4)

Smoking and carburetion masks;

(5)

Roach clips;

(6)

Separation gins designed for use or intended for use in cleaning marijuana;

(7)

Cocaine spoons and vials;

(8)

Chamber pipes;

(9)

Crack vials;

(10)

Carburetor pipes,

(11)

Electric pipes;

(12)

Air driven pipes;

(13)

Chilams;

(14)

Bongs;

(15)

Ice pipes or chillers;

(16)

Scales designed for use or intended for use in weighing controlled substances;

(17)

Any part of a hypodermic needle or syringe, except as may be authorized by the laws of the state of South Carolina;

(18)

Plastic bottles with caboration holes and/or punctured metal or foil bowls.

(b)

Prohibition.

(1)

It is unlawful for any person to advertise for sale, manufacture, possess, sell or deliver or to possess with intent to deliver, or sell paraphernalia.

(2)

In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(A)

Statements by an owner or by anyone in control of the object concerning its use;

(B)

The proximity of the object to controlled substances;

(C)

The existence of any residue of controlled substances on the object;

(D)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;

(E)

Instructions, oral or written, provided with the object concerning its use;

(F)

Descriptive materials accompanying the object which explain or depict its use;

(G)

National and local advertising concerning its use;

(H)

The manner in which the object is displayed for sale;

(I)

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(J)

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(K)

The existence and scope of legitimate uses for the object in the community;

(L)

Expert testimony concerning its use.

(c)

Penalties. Any person who violates the provisions of this section shall, in addition to any civil penalties which may be applicable under the laws of this state, upon conviction thereof, be fined not more than two hundred dollars, but not less than fifty dollars or imprisoned for not more than thirty days, but not less than ten days or both. However, if the court in its discretion finds that a fine, imprisonment or both, or a portion thereof, is inappropriate under the circumstances, the violator may be sentenced up to thirty days, but not less than ten days of public service for the city of Travelers Rest in lieu of any portion of fine, imprisonment or both.

(d)

Severability. If any provision, word, phrase or clause of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or application of this section which can be given effect without the invalid provision, word, phrase clause, or application, and to this end the provisions, words, phrases, and clauses of this section are declared to be severable.

(Ord. O-03-93, 1993; Ord. 03-91 §§ 1, 2, 3, 4, 1991)

9.16.120   Loitering for purpose of soliciting prostitution or engaging in illegal drug activity prohibited.

(a)

Statement of Purpose. Loitering as set forth below, for purposes of soliciting prostitution or engaging in illegal drug activity is hereby declared a nuisance to the community subject to the prohibitions and restriction declared herein.

(b)

Definitions. Except where specifically defined herein, all words used in this section shall carry their customary meanings.

(1)

"Known prostitute or panderer" means any person who, within one year prior to the date of arrest for a violation of this section has, within the knowledge of the arresting officer, been convicted of violating any law defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.

(2)

"Known unlawful drug user, possessor or seller" means any person who has, within the knowledge of the arresting officer, been convicted in any court within the State of South Carolina of any violation involving the use, possession or sale of any of the substances referred to in S.C. Code, § 44-53-110 et seq.; or who has been convicted of any violation of any of the provisions of that law or substantially similar laws of the City of Travelers Rest; or a person who displays physical characteristics of drug intoxication or usage including, but not limited to, dilated pupils, glassy eyes, slurred speech, loss of coordination or motor skills, or a person who possesses drug paraphernalia as defined in S.C. Code, § 44-53-110.

(3)

"Loiter" means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

(4)

"Lookout" means one who uses signals or language to warn others that law enforcement officers are in the area.

(5)

"Other illegal sexual activity" means sexual activity prohibited by the common law or statutes of the State of South Carolina other than prostitution.

(6)

"Prostitution" means an act of sexual intercourse or sodomy between two persons, not married to each other, in return for the payment of money or other valuable consideration by one of them, or for favors.

(7)

"Public place" means an area open to the public or exposed to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, motor vehicles, whether moving or not, and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(c)

Prohibitions. It shall be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution or other illegal sexual activity. It shall also be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to engage in illegal drug-related activity.

(d)

Circumstances.

(1)

Among the circumstances that may be considered in determining whether a person manifests the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution or other illegal sexual activity are that the person:

(A)

Is a known prostitute or panderer.

(B)

Repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation.

(C)

Repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.

(2)

Among the circumstances that may be considered in determining whether a person has the requisite intent to engage in illegal drug-related activity are that the person:

(A)

Is a known unlawful drug user, possessor or seller.

(B)

Has been given due notice, either verbal or written, on any occasion prior to any arrest, within one block of the area where the arrest occurred, or such person is currently subject to an order or term of probation prohibiting his presence in a high drug activity geographic area.

(C)

Behaves in such a manner as to raise a reasonable suspicion that such person is engaging or about to engage in an unlawful drug-related activity, either sale, possession or purchase, including, by way of example only, such person acting as a lookout.

(D)

Is physically identified by the law enforcement officer as a member of a gang or association that has as its principal purpose illegal drug activity.

(E)

Transfers small objects or packages for currency or any other thing of value in a furtive fashion that would lead the law enforcement officer to believe or ascertain that a drug sale has or is about to occur.

(F)

Takes flight upon the appearance of a law enforcement officer.

(G)

Tries to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity.

(H)

Uses a vehicle that is registered to a person who is a known unlawful drug user, possessor or seller or is registered to a person for whom there is an outstanding arrest warrant for a crime involving illegal drug-related activity.

(3)

The list of circumstances set forth above are not exclusive. The circumstances set forth above should be considered particularly salient if they occur in an area that is known for prostitution, other illegal sexual activity, and/or unlawful drug-related activity, or if they occur on or in premises that have been reported to law enforcement as a place suspected of prostitution, other illegal sexual activity, and/or unlawful drug-related activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.

(e)

Penalty. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and shall be punished within the jurisdictional limits of the municipal court.

(Ord. No. O-02-12, §§ 1—5, 4-19-2012)

Editor's note— Ord. No. O-02-12, §§ 1—5, adopted April 19, 2012, did not specifically amend the Code; hence, inclusion herein as superseding former § 9.16.120 (and § 9.16.040) was at the editor's discretion. Former § 9.16.120 pertained to the prohibition of loitering for the purpose of engaging in drug-related activity, and derived from Ord. O-17-99 (part), 1999. See also the editor's note at § 9.16.040.

9.16.130   Purchasing or attempting to purchase contraband.

(a)

It is unlawful for any person, while in any public place, to offer to purchase, barter or trade, or negotiate the terms of sale for, contraband.

(b)

For purposes of this section, the term "public place" includes any publicly owned property or other property to which the public has general access.

(c)

For purposes of this section, the term "negotiate" shall include but not be limited to inquiries as to the availability of contraband for sale, examination of contraband or contraband facsimile for the purpose of determining quantity or quality, or any other overt act which a reasonable person would believe to be the initiation of a process designed to purchase contraband.

(d)

For purposes of this section, the term "contraband" shall be defined as any substance, the possession of which is unlawful under the provisions of S.C. Code 1976, Section 44-53-10 et seq.

(e)

Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a sentence applicable for misdemeanors.

(Ord. O-17-99 (part), 1999)