Title 1 GOVERNMENT AND ADMINISTRATION
Chapter 1.08 GOVERNING BODY
Article I. General Provisions
1.08.010 Election of governing body.*
1.08.020 Vacancies.
1.08.030 Compensation.
1.08.040 Oath of mayor and council members.
1.08.050 Powers and duties--Generally.
1.08.060 Duties and responsibilities of council.
1.08.070 Mayor pro tempore.
1.08.080 Duty to attend meetings.*
1.08.090 Power to vote.
1.08.100 Mayor’s absence from the municipality.
Article II. Emergency Powers of the Mayor
1.08.120 Definition of emergency.
1.08.130 Power to impose regulations by proclamation.
1.08.140 Power to impose curfews--Persons exempted.
1.08.150 Power to close business establishments.
1.08.160 Power to close areas to traffic.
1.08.170 Power to call in law enforcement.
1.08.180 When proclamation of emergency effective.
1.08.190 When proclamation of emergency shall terminate.
1.08.200 Penalty for violation of proclamation.
1.08.210 Transfer of law enforcement officers to another municipality.
1.08.220 Rights, powers, duties of such officers.
1.08.230 Model of proclamation.
Article I. General Provisions
1.08.010 Election of governing body.*
The mayor and council members of the city shall be elected for terms of
four years, to be staggered so that not more than one-half of the council and
mayor shall be elected in the same general election. (Prior code §
1-2-1)
* For provisions regarding election of governing body, see Section 1.28.010
et seq. of this code.
1.08.020 Vacancies.
Vacancies shall be filled for the remainder of the unexpired term at the
next regular election or at a special election if the vacancy occurs one hundred
eighty days or more prior to the next general election. (Prior code §
1-2-2)
1.08.030 Compensation.
(a) Effective upon the commencement date of the terms of two or more
council members elected during the general election held on November 4,
2003.
(1) The salaries of council members shall be the sum of two hundred
dollars per month; and
(2) The salary of the mayor shall be the sum of three
hundred dollars per month.
(b) (1) Council members and the mayor shall
either receive payment in advance or obtain reimbursement of actual expenses
incurred during the performance of their duties as council members and
mayor.
(2) Expenses likely to be incurred by the mayor and council members
shall be anticipated in so far as possible and shall be provided for in the
annual budget.
(c) This chapter shall take effect upon its adoption by the
mayor and council. (Ord.
O-01-04, 2004: prior code § 1-2-3)
1.08.040 Oath of mayor and council members.
The mayor and council members, before entering upon the duties of their
respective offices, shall take the oath prescribed by the Constitution of the
state for such officers, together with the following oath,
to-wit:
“As mayor (or council member) of the City of Travelers
Rest, I will equally, fairly and impartially, to the best of my ability and
skill, exercise the trust reposed in me, and I will use my best endeavors to
preserve the peace and carry into effect, according to law, the purposes for
which I have been elected. So help me God.”
(Prior code §
1-2-4)
1.08.050 Powers and duties--Generally.
All legislative and administrative powers and determination of policy
matters shall be vested in the council. Each council member, including the
mayor, shall have one vote. (Prior code § 1-2-5)
1.08.060 Duties and responsibilities of council.
Without limiting the powers and responsibilities vested in the city
council, the council shall:
(1) Annually adopt a budget;
(2) Authorize
the issuance of bonds by a bond ordinance, subject to such restrictions and
limitations as may be prescribed by law;
(3) Enact ordinances of every
nature and kind not prohibited by the law and Constitution of South Carolina or
of the United States;
(4) Provide for an independent annual audit of the
financial records and business affairs of the municipality;
(5) Provide for
the general health and welfare of the municipality in accordance with the law of
the state with reference to the general police powers granted to municipalities.
(Prior code § 1-2-6)
1.08.070 Mayor pro tempore.
The council shall, at the first meeting of the newly constituted council
after any general election for municipal council, elect one of its members as
mayor pro tempore for a term of two years. The mayor pro tempore shall act as
mayor during the absence or disability of the mayor, or in case of a vacancy in
the office of mayor. (Prior code § 1-2-7)
1.08.080 Duty to attend meetings.*
The council members shall attend all regular and special meetings of the
council, except when excused from so doing by the council, and shall hold
themselves at all times in readiness to perform any duty entrusted to them by
the council. Council members shall perform the duties thus imposed upon them
with dispatch and to the best of their abilities. (Prior code §
1-2-8)
* For provisions regarding meetings of council, see Section 1.12.100 et
seq. of this code.
1.08.090 Power to vote.
The mayor shall have a vote as a member of council on all matters
presented to council. (Prior code § 1-2-9)
1.08.100 Mayor’s absence from the municipality.
The mayor shall not absent himself from the city for more than forty-eight
hours at any one time without notifying the mayor pro tempore of his intention
to leave. (Prior code § 1-2-10)
Article II. Emergency Powers of the Mayor
1.08.120 Definition of emergency.
A state of emergency shall be deemed to exist whenever, during times of
great public crisis, disaster, rioting, civil disturbance, catastrophe or for
any other reason, municipal police department authorities are unable to maintain
public water or accord adequate protection for lives, safety, health, welfare,
or property. (Prior code § 1-2-21)
1.08.130 Power to impose regulations by proclamation.
Whenever in the judgment of the mayor, or the mayor pro tempore in the
event of the mayor’s inability to act, it is determined that an emergency
exists as a result of mob action or other civil disobedience causing danger or
injury to or damage to persons or property, he shall have power to impose by
proclamation any or all of the regulations contained within this article
necessary to preserve peace and order. (Prior code § 1-2-22)
1.08.140 Power to impose curfews--Persons exempted.
The mayor may order a curfew imposed upon all or any portion of the city,
thereby requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, alleys, parks, or other public
places; provided, however, that physicians, nurses, and ambulance operators
performing medical services, utility personnel maintaining essential public
services and police officers and personnel may exempted from certain curfew.
(Prior code § 1-2-23)
1.08.150 Power to close business establishments.
The mayor may order the closing of any business establishment in the city
during the period of an emergency. (Prior code § 1-2-24)
1.08.160 Power to close areas to traffic.
The mayor may designate any public street, thoroughfare, or vehicle
parking area closed to motor vehicles and pedestrian traffic in an emergency.
(Prior code § 1-2-25)
1.08.170 Power to call in law enforcement.
The mayor may call upon regular and auxiliary law enforcement agencies and
organizations within or without the city to assist in preserving and keeping
peace within the municipality. (Prior code § 1-2-26)
1.08.180 When proclamation of emergency effective.
The proclamation of an emergency provided herein shall become effective
upon its issuance and dissemination to the public by appropriate news media.
(Prior code § 1-2-27)
1.08.190 When proclamation of emergency shall terminate.
An emergency proclamation, in accordance with the provisions of this
article, shall terminate after forty-eight hours from the issuance thereof, or
upon the issuance of a proclamation determining an emergency no longer exists,
whichever occurs first; provided, however, that such an emergency may be
extended for such additional periods of time as determined necessary by
resolution of the city council. (Prior code § 1-2-28)
1.08.200 Penalty for violation of proclamation.
Any person who shall wilfully fail or refuse to comply with the orders of
the duly authorized law enforcement officers or personnel charged with the
responsibility of enforcing the proclamation of emergency authorized herein
shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be
punished in accordance with the general penalty, Section 1.12.510. (Prior code
§ 1-2-29)
1.08.210 Transfer of law enforcement officers to another municipality.
The mayor or council may, upon the request of the governing body or mayor
of any other municipality of the state, send any law enforcement officer or
officers to assist the law enforcement officers of such requesting municipality
in the performance of their duties in cases of emergency. A complete record of
the request together with the names of the officers sent shall be recorded in
the minutes of the next regular meeting of the council. Such assistance shall be
rendered only in emergencies, and such emergency shall be declared by the mayor
of the requesting city or, in his absence, the person normally acting in his
stead. (Prior code § 1-2-30)
1.08.220 Rights, powers, duties of such officers.
Law enforcement officers sent to another municipality pursuant to this
article shall retain the jurisdiction, authority, rights, privileges and
immunities, including coverage under the Worker’s Compensation laws, which
they now have, and these shall be extended to and include the area in which like
benefits and authorities are or could be afforded, and the area between the two
municipalities when acting within the scope of authority to make arrests and to
execute criminal process as is vested by law in the law enforcement officers of
the requesting municipality and of no other. (Prior code §
1-2-31)
1.08.230 Model of proclamation.
The proclamation shall be issued in substantially the following
form:
“I, _______________, Mayor of the City of Travelers Rest, by
virtue of the power vested in me by the provisions of Sections 1.08.120 through
1.08.220 of the Code of Ordinances of the City of Travelers Rest, do hereby
declare and determine that due to mob action and civil disobedience, a state of
emergency exists within the City of Travelers Rest:
“And I do hereby
order and direct the following emergency regulations to be effective
immediately, to wit:
“1. A curfew is hereby ordered from _____
o’clock until _____ o’clock of the following day (for the area
located _______________) or (for the entire city)--and all persons other than
police officers and personnel, physicians, nurses, ambulance operators
performing medical services, and utility personnel maintaining essential public
services, shall remain off the streets and away from public places during the
period of said curfew.
“2. The following businesses are hereby ordered
closed:
“3. All regular and auxiliary police officers are hereby
ordered to report for duty immediately.
“THIS PROCLAMATION SHALL BE
effective immediately and shall extend for a period of 48
hours.
“DATE AND
TIME:
_________________________
“Mayor
_______________”
(Prior code § 1-2-32)
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