(a) The regular meeting of the council shall be held on the third Thursday of each month at six p.m.
(b) Council Agenda.
(1) Matter to be considered by council at a regular or special meeting shall be placed on a written agenda according to the order of business and publicly posted by the city clerk and made available to council members, the media and the public by five p.m. two days prior to the meeting.
(2) The agenda shall be prepared by the city clerk and the city administrator. The mayor, any council member or the city administrator, may propose items for the agenda. Items submitted outside the scope of regular business items or which are outside the normal procedures for council are not required to be placed on the agenda. In the event that a proposed item is not on the agenda, a motion may be made by any city council member during the miscellaneous administrative matters and announcements section of the council business order and by a majority vote of council the same may be considered at that time, set upon the agenda at a subsequent meeting, referred to committee, or be denied placement on the agenda or be determined in the manner that council may decide. (Ord. O-06-05, 2005; Ord. O-08-00 § 4, 2000; Ord. O-14-99 § 2, 1999: Ord. 01-91 § 2, 1991)

The mayor shall call special meetings of the council, when in his judgment, the interests of the public may require, or at the written request of any five council members. A call for a special meeting shall set forth the purpose for which the meeting is called. No other business than that set forth in such call shall be transacted at a special meeting, except by unanimous consent of council. (Prior code § 1-3-2)

All meetings of the council, both regular and special, shall be open to any and all citizens who may wish to attend, except that the council may go into executive session as permitted by the Freedom of Information Act. No formal vote may be taken by council while in executive session. (Prior code § 1-3-3)

The minutes of all meetings of the council, except executive sessions, shall be kept by the municipal clerk-treasurer and shall be recorded in a book designated as “The Minutes of City Council of Travelers Rest.” The minutes shall be a public record and open to inspection during normal office hours in the office of the clerk-treasurer. (Prior code § 1-3-4)

The mayor shall be the presiding officer of council. In the absence of the mayor, the mayor pro tempore shall preside, and in the absence of the mayor and mayor pro tempore, council shall proceed to elect, if a quorum is found to be present, by a majority vote of those present, a chairperson of the meeting to preside until the mayor or mayor pro tempore appears. (Prior code § 1-3-5)

* For provisions regarding mayor pro tempore, see Section 1.08.070 of this code.

The clerk-treasurer shall call the roll at the hour that the meeting shall have convened and, if immediately thereafter, a quorum is present, the mayor shall call the council to order and business may proceed. If a quorum is not present, the mayor may reschedule the meeting or send for the absent members. All questions concerning the absence of such members and possible actions to be taken against them shall not be determined until a quorum is present. (Prior code § 1-3-6)

(a) At all regular meetings of council the order of consideration of items shall proceed in the following order:
(1) Call to order;
(2) Invocation;
(3) Approval of the minutes of previous meeting(s);
(4) Citizen participation;
(5) Ordinances for second reading;
(6) Committee reports;
(7) Resolutions and ordinances for first reading;
(8) Old business;
(9) New business;
(10) Miscellaneous matters;
(11) Adjournment.
(b) Citizen participation may be moved at the discretion of the presiding officer to follow subsection (a)(3) of this section, approval of the minutes of the previous meeting, depending on the circumstances of the citizens participation. Committee reports introducing ordinances at first reading or addressing an ordinance for second reading may be made immediately preceding the reading of the ordinance. (Ord. O-04-04 § 1, 2004; Ord. O-08-00 § 1, 2000: Ord. 10-90 § 1, 1990: prior code § 1-3-7)

Every member of the council when asked to speak, shall address the presiding officer as “Mr. Mayor” or “Mr. Chairperson” as the case may be, and in speaking, shall avoid all disrespect to the council and all personalities, and shall confine his remarks to the subject under consideration. No member shall speak more than twice on the same question or occupy more than five minutes in making any remarks or address without leave of the council. (Prior code § 1-3-8)

If any member of council, while speaking or otherwise, transgresses the rules of council or parliamentary laws as practiced or recognized by the most approved authority, the presiding officer shall, or any member of the council may, call him to order. If the member is called to order while speaking, unless he is allowed by the chair to proceed upon explanation, he shall immediately take his seat until the question of order is decided. The member shall not be permitted to continue speaking unless the decision is in his favor or unless the leave of council is unanimously granted. The council member shall also be subject to any other proceedings as the council may require. (Prior code § 1-3-9)

The presiding officer, when addressed by a member who raises a hand, shall name the member, using no title but that of “Mr.” or “Madam.” If several members raise their hands about the same time, the presiding officer shall decide who shall speak first. (Ord. 09-90 § 2, 1990)

Except in elections, the voting by council shall be done by acclamation, unless a member demands that the vote be taken by yeas and nays. If such a demand is made, when the question has been stated, the roll shall be called and recorded in the minutes by the clerk-treasurer, and after the first response has been made to the call, all debate shall cease and no member shall say more than “yea” or “nay.” No attempt by a member to refrain from voting either for or against a proposal shall be valid, and any vote such as “abstain,” “present,” or any other phrase designating a position other than “yea” or “nay” shall be recorded as a “yea” vote unless such abstention is required or permitted by this code or state law. (Ord. 07-90 §§ 1, 2, 1990; prior code § 1-3-11)

Any member of the council may, if he desires, have time in which to explain his vote if permitted by a majority of the council. He may be allowed not more than five minutes in which to do so and shall have his explanation entered in the minutes. (Prior code § 1-3-12)

The voting in all council elections shall be done by ballot and shall be counted by the clerk-treasurer and a member of council appointed for that purpose. (Prior code § 1-3-13)

Neither the mayor nor any other member of council shall vote on any question in which he is personally or pecuniarily interested. (Prior code § 1-3-14)

No motion shall be debated until introduced and seconded, and, when required, shall be reduced to writing. The mover may consent to an amendment or withdraw any proposition or question before amendment or decision. (Prior code § 1-3-15)

When a motion has been made and voted down (except motions to adjourn, which are always in order), it shall not be renewed at the same meeting; provided, that a renewal can be accomplished if a motion to reconsider is made by a member previously voting with the majority and the motion is carried by the council. (Prior code § 1-3-16)

The following motions shall be put without debate:
(1) Adjourn;
(2) Take a recess;
(3) Continue;
(4) Lay on the table;
(5) Take up any matters in the orders of the day not regularly reached;
(6) Proceed to the orders of the day;
(7) Discharge, lay aside for the day, depart from, or suspend the orders;
(8) Postpone indefinitely, or to the next meeting; and
(9) Adjourn a debate.
(Prior code § 1-3-17)

All motions, resolutions and ordinances shall be open to as many as three amendments and no more. (Prior code § 1-3-18)

In all cases where an amendment is offered, the question shall be put first, “Should the amendment be accepted?” and if so accepted, the vote shall be taken upon the motion, resolution or ordinance as amended. If the amendment is lost, then the original motion, resolution or ordinance shall be put upon its passage. (Prior code § 1-3-19)

The previous question shall have precedence over all other motions, except a motion to adjourn or a motion to lay on the table, and shall, if sustained, preclude all debate and all amendments, and the same shall be put in this form: “Shall the main question be now put?” (Prior code § 1-3-20)

Any council member may call for a division of the question when it will admit a division. (Prior code § 1-3-21)

Any council member, having voted with the majority on any question, may move for a reconsideration of the question at that meeting or at the succeeding meeting of the council, but not afterwards. (Prior code § 1-3-22)

The mayor or any other member of the council shall have the right to have his protest against the passage of any measure entered in the minutes if such protest is in respectful language, of which council shall judge. (Prior code § 1-3-23)

No measure shall be introduced as a rider. (Prior code § 1-3-24)

In all particulars not herein specified, Robert’s Rules of Order shall govern the council, insofar as they are applicable. (Prior code § 1-3-25)

No standing order shall be rescinded without one day’s notice thereof being given in writing. (Prior code § 1-3-26)

The mayor may call a council member to the chair at any meeting. Except on questions of order, the mayor shall not address the council upon any subject from the chair. (Prior code § 1-3-27)

It is unlawful for any person to annoy, disturb, or interfere with any session or meeting of the mayor and council assembled, by any means or any manner, or to use profane, obscene or disrespectful language, gestures or signs to or in the presence of the council, or to commit any offense which is deemed a contempt by the laws of this state. (Prior code § 1-3-28)

Subject to approval by a majority of council members present at any meeting, any citizen or member of the public may appear and be heard at a meeting of council, provided such person complies with the provisions contained in this section. Any person wanting to be heard must submit a written request twenty-four hours in advance of a council meeting. The clerk shall record the names of such persons for the benefit of the presiding officer and all members of council. No person having made such a request will be permitted to speak for a period in excess of five minutes. For good cause, council may waive the requirement that a citizen or member of the public submit a written request at least twenty-four hours in advance of its meeting; however, if such requirement is waived, the combined amount of time for all speakers who have failed to provide such advance notice shall not exceed thirty minutes. (Ord. 10-90 § 2, 1990)

The mayor shall appoint all committees as set forth herein and the first person named shall be the chairperson of such committee. Preference shall be given to a council member with experience in the naming of the chairperson. A council member shall be appointed chairperson to only one of the standing committees named below in Section 1.12.320.
The standing committee and chairperson assignments shall not exceed a period of two years and shall coincide with the assumption of office of council members following a regular election and all committee appointments shall expire on December 31st of the year of regular municipal elections.
Council members newly elected by special election shall be appointed by the Mayor in the same manner as Council Members following the regular election and will serve the remainder of the term for a regularly elected council member. (Ord. O-08-00 § 2, 2000: prior code § 1-3-41)

A majority of any committee shall be sufficient to act upon any matter within its jurisdiction. (Prior code § 1-3-42)

(a) At the first meeting of council after inauguration, or as soon thereafter as practical, the mayor shall appoint, with the approval of council, six standing committees of council, which shall be designated as follows:
(1) Ways and means;
(2) Public safety;
(3) Roads and bridges;
(4) Planning and development;
(5) Personnel; and
(6) Environmental.
(b) The mayor shall present appointments to the standing committees to city council as soon as practicable after the first meeting of council after the election of a mayor pro tem by city council and no later than one week before the regular February council meeting. The mayor shall announce the appointments to said standing committees. Council shall vote to approve or disapprove them. In the event appointments are disapproved by council and if subsequent appointments by the mayor are not approved by the first regular council meeting in March, standing committee assignments shall be made by random draw with the first person drawn for each committee being the chairperson thereof.
(c) If city council does not affirmatively disapprove the appointments to the standing committees by the end of the first regular council meeting following the presentment of the appointments, then the appointments of the mayor to the standing committees and the appointment of the chairperson shall be deemed approved by city council. (Ord. O-08-00 § 3, 2000; prior code § 1-3-43)

The committees shall serve at the pleasure of the council, and are charged only with investigation, review and general oversight of matters within their areas of responsibility. The committees shall report, when requested by the mayor or council, upon matters referred to them. In no instance may members of committees engage in administrative matters of the city departments, or issue directives to employees of the city. Committees may, when necessary to accomplish their assigned tasks, require employees to appear before them in formal session to make statements and answer questions concerning the city’s operations.
Committees should meet at least monthly. Unless otherwise provided, meetings are to be called by the chairperson and follow an agenda prepared and posted by the city administrator or city clerk at least one day prior to the meeting. Matters not placed on the agenda may be considered at the meeting pursuant to a majority vote of the committee or be placed upon the agenda at a subsequent meeting of the committee or be determined as a majority of the committee may decide. (Ord. O-08-00 § 5, 2000; prior code § 1-3-44)

Special committees may be appointed by the Mayor at any time and shall be approved by the council at the first meeting following the appointment, or as soon as practicable. If council takes no action concerning the appointments at the first meeting following appointments to the special committee, then the appointments shall be deemed approved. (Ord. O-08-00 § 7, 2000)

Each of the standing committees shall examine proposed ordinances and resolutions pertaining to the subject area with which the committee is charged and to report to the council, when required, whether they are sufficient and satisfactory, and to suggest, for council’s consideration, such changes as it may deem proper. (Prior code § 1-3-45)

(a) Whenever council wishes to refer to committee a matter which is connected with or related to two or more committees’ subject areas, the council shall determine which committee the matter shall be referred to, or may recommend referral to a joint committee composed of members of the committees involved.
(b) All items to be submitted to the council must first be considered by the appropriate standing committee before going before the council unless it concerns a matter of emergency or unless a majority of council shall otherwise decide. If there is no appropriate standing committee to consider the matter, then the matter may be placed upon the agenda of the city council. (Ord. O-08-00 § 6, 2000; prior code § 1-3-46)

It shall be the council’s duty to pass, from time to time, such ordinances as in its judgment shall best promote the interest of the citizens and property holders of the municipality. (Prior code § 1-3-51)

The enacting clause of all ordinances and ordinance amendments shall be: “The City Council of the City of Travelers Rest, South Carolina, duly assembled, hereby ordains:”. (Prior code § 1-3-52)

All laws passed by the council shall be in the form of ordinances and shall be introduced, read, and voted on at two different council meetings, with at least six days between readings. (Prior code § 1-3-53)

Ordinances and resolutions shall be drafted by either the city administrator or city attorney. The city attorney shall approve all ordinances as to form prior to submission to council. (Prior code § 1-3-54)

Every ordinance passed by council shall be signed by the mayor or mayor pro tempore, and attested by the clerk-treasurer. (Prior code § 1-3-55)

All ordinances shall take effect upon their publication unless an ordinance shall otherwise specify the time when it shall go into effect. (Prior code § 1-3-56)

The ordinances embraced in this and the following chapters and sections shall constitute and be designated “The Code of the City of Travelers Rest, South Carolina, 1987,” and may be so cited. Such ordinances may also be cited as “Travelers Rest City Code.” Hereinafter, within these chapters and sections, it shall be referred to as the “code.” (Prior code § 1-3-61)

The provisions appearing in this code, so far as they are the same as those of the 1972 code, and all ordinances adopted subsequent to the 1972 code and included herein, shall be considered as a continuation thereof and not as new enactments. (Prior code § 1-3-62)

It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of the code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Prior code § 1-3-63)

The descriptive leads of the several sections of this code are intended to indicate the contents of the section and shall not be deemed to be titles nor as any part of the section, unless expressly provided herein; nor, unless expressly so provided, shall they be so deemed when any of the sections, including the descriptive leads, are amended or re-enacted. (Prior code § 1-3-64)

In the construction of this code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
(1) And, or. The word “and” may be read as “or” and the word “or” may be read as “and” where the sense requires it.
(2) Bond. When bond is required, an undertaking in writing shall be sufficient.
(3) City. The words “the city” shall mean the City of Travelers Rest, in the County of Greenville and State of South Carolina, except as where otherwise provided.
(4) Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last, and if the last day is a Sunday or a legal holiday, that shall be excluded.
(5) Council or city council. The words “council” or “city council” shall mean the council of the City of Travelers Rest, South Carolina.
(6) County. The word “county” shall mean the County of Greenville, State of South Carolina.
(7) Gender. Words importing masculine gender shall include the feminine and neuter.
(8) Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
(9) Minor. The word “minor” shall mean any person under the age of eighteen years, unless otherwise specifically provided.
(10) Month. The word “month” shall mean a calendar month.
(11) Number. Words used in the singular number include the plural and the plural shall include the singular number.
(12) Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, in such cases, the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
(13) Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or part of such building or land.
(14) Person. The word “person” shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.
(15) Personal property. This term shall include every species of property except real property, as defined in this section.
(16) Preceding, following. The words “preceding” and “following” shall mean the next before and the next after, respectively.
(17) Property. The word “property” shall include real and personal property.
(18) Real property and real estate. These terms shall include lands, tenements and hereditaments.
(19) Roadway. The word “roadway” shall mean that portion of a street or thoroughfare improved, designed or ordinarily used for vehicular travel.
(20) Shall, may. The word “shall” is mandatory; the word “may” is permissive.
(21) Sidewalk. The word “sidewalk” shall mean any portion of a street between the curb lines, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for use of pedestrians, excluding parkways.
(22) Signature of subscription. Term to include a mark when a person cannot write.
(23) State. The word “state” or “this state” shall be construed to mean the State of South Carolina.
(24) Street. The word “street” shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and approaches thereto, and all other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the city council.
(25) Tenant or occupant. The words “tenant” or “occupant” applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
(26) Time. Words used in the past or present tense include the future as well as the past or present.
(27) Writing. The words “writing” and “written” shall include printing and any other mode of representing words and letters.
(28) Year. The word “year” shall mean a fiscal year. (Ord. O-26-92 (part), 1992; Ord. 12-89 (part), 1989; prior code § 1-3-65)

In the construction of this code and all ordinances of the city, all officers, agents, employees and other persons, together with all things and places therein referred to, shall, unless a contrary intention appears, be construed to mean the officers, agents, employees and other persons, things and places in the city or employed by or pertaining to the city. (Prior code 1-3-66)

The repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired. When an ordinance which repealed another is itself repealed, the previous ordinance shall not be revived without expressed words to that effect. (Prior code 1-3-67)

Notwithstanding anything herein to the contrary, whenever in this code or in any ordinance or resolution of the city or rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or misdemeanor, where no specific penalty is provided for the violation thereof, the violation of such provision of this code, ordinance, resolution, rule, regulation, or order shall be punished by a fine or imprisonment authorized by state law for the jurisdiction of municipal courts, mutuatis mutandis; provided, however, that no penalty shall exceed the penalty provided by state law for similar offenses. Each day any violation of this code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. (Ord. O-17-93 § 1, 1993; prior code 1-3-68)

Any violation of this code by any officer, agent or other person acting for or employed by any corporation or incorporated association or organization, while acting within the scope of his office or employment, shall in every case also be deemed to be a violation by such corporation, association or organization. The individual shall be subject and liable to punishment as well as such corporation or unincorporated association or organization for the violation by it of any provision of this code, where such violation was the act of omission, or the result of the act, omission or order of any such person. (Prior code 1-3-69)

The clerk-treasurer shall enter and index the original ordinance into the minute book of the city. A copy shall be inserted into the code and shall be indexed. Due proof of the publication of all ordinances requiring publication, by the certificate of the publisher or printer, shall be procured by the clerk-treasurer and attached to the minutes of the meeting at which the final reading and ratification was made. The date of passage shall be appended and the addition shall be attested to by the clerk-treasurer. (Prior code 1-3-70)

The clerk-treasurer shall write on the indices page of each chapter of this code, if any part therein has been amended or repealed, as the case may be, the words “amended” or “repealed” with a reference to the section number where the amending or repealing ordinance can be found. When such amending or repealing shall change the subject matter, such notation should be made in the index at the appropriate place or places. It shall be unlawful for any other person, without authority from the mayor and council, to make any alterations, erasures, changes or interlineations in the ordinance books or minute books. (Prior code 1-3-71)

(a) All ordinances passed subsequent to this code of ordinances, which amend, repeal or in any way affect this code of ordinances, may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof by subsequent ordinances, the repealed portions may be excluded from the code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of the subsequent ordinances until the time that this code of ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances.
(b) Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in the following language:

“That Section __________ of the Code of Ordinances of the City of Travelers Rest, South Carolina, is hereby amended to read as
follows:
_________________________
_________________________.”

The new provisions shall then be set out in full as enacted.
(c) In the event a new section not heretofore existing in the code is to be added, the following language may be used:

“That the-Code of Ordinances of the City of Travelers Rest, South Carolina, is hereby amended by adding a section, to be numbered _____, which section reads as follows:
_________________________
_________________________.”

The new section shall then be set out in full as enacted.
(d) In lieu of the foregoing paragraph, when the city council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the code, but which the city council desires to incorporate into the code, a provision in substantially the following language may be made a part of the ordinance: “It is the intention of the city council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of Travelers Rest, South Carolina, and the sections of this ordinance may be renumbered to accomplish that intention.”
(e) All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.
(f) When necessary, sections and subsections to the code may be renumbered by the official codifier for the city to fulfill the intent of the governing body, but all such changes shall be approved in advance by the city attorney. (Prior code 1-3-72)