Title 9 OFFENSES
Chapter 9.12 OFFENSES AGAINST PROPERTY
9.12.010 Petit larceny.
9.12.020 Restoration of stolen goods to owner.
9.12.030 Houses--Entering with intent to commit crime.
9.12.040 Breaking and entering with intent to commit crime.
9.12.050 Malicious injury to real property.
9.12.060 Injury to vehicles, etc.
9.12.070 Damage by tenants.
9.12.080 Railway and bus stations--Defacing property.
9.12.090 Damaging graveyards.
9.12.100 Defacing monuments in cemetery.
9.12.110 Establishment of cemeteries prohibited--Exceptions.
9.12.120 Hotels, inns, boarding houses, etc.
9.12.130 Moneylenders.
9.12.140 Drawing and uttering fraudulent check, draft or other written order.
9.12.150 Trespass.
9.12.160 Breach of trust with fraudulent intent.
9.12.170 False pretenses--Obtaining property by.
9.12.180 Obtaining property under false tokens or letters.
9.12.190 Stolen goods, receiving.
9.12.010 Petit larceny.
Any simple larceny of any articles or goods, chooses in
action, bank bills, bills receivable, chattels, or any articles of personality,
of which by law larceny may be committed, and of all such fixtures and parts of
the soil as were severed from the soil by an unlawful act, below the value of
two hundred dollars, shall be a misdemeanor and considered a petit larceny.
(Prior code § 9-3-1)
9.12.020 Restoration of stolen goods to owner.
Any person from whom any money, goods or chattels may be
stolen shall have his property restored to him upon conviction of the person who
illegally deprived him of the possession thereof. The presiding judge of the
municipal court shall award writs of restitution for such money, goods and
chattels. (Prior code § 9-3-2)
9.12.030 Houses--Entering with intent to commit crime.
Any person who shall enter, without breaking, or attempt to
enter, any house whatsoever, with intent to steal or commit any other crime, or
conceal himself in any house with like intent, shall be guilty of a misdemeanor.
(Prior code § 9-3-3)
9.12.040 Breaking and entering with intent to commit crime.
Any person who shall break and enter or who shall break with
intent to enter, either by day or by night, any dwelling house or any other
house, with intent to commit a crime therein shall be deemed guilty of a
misdemeanor. (Prior code § 9-3-4)
9.12.050 Malicious injury to real property.
Any person who shall wilfully, unlawfully and maliciously
cut, mutilate, deface or otherwise injure any tree, house, outside fence or
fixture of another or commit any other trespass upon real property in the
possession of another shall be guilty of a misdemeanor. (Prior code §
9-3-5)
9.12.060 Injury to vehicles, etc.
Any person who shall wilfully, maliciously or negligently
break, cut, mutilate, deface or otherwise injure or destroy any automobile,
motorcycle or other vehicle, or any goods and chattels of whatever kind being
the property of another, shall be deemed guilty of a misdemeanor. (Prior code
§ 9-3-6)
9.12.070 Damage by tenants.
Any tenant who shall wilfully and maliciously cut, deface,
mutilate, burn, destroy or otherwise injure any dwelling house, outhouse,
erection, building or crops in his possession shall be deemed guilty of a
misdemeanor. (Prior code § 9-3-7)
9.12.080 Railway and bus stations--Defacing property.
It is unlawful for any person to wilfully or maliciously
deface or injure any railway, bus or cab passenger station or freight depot, or
any furniture or fixtures therein or used in connection therewith. The posting
of any advertising matter upon or in any building used as a passenger station or
freight depot, without permission from the proper authority, shall be construed
a defacement or injury thereto. (Prior code § 9-3-8)
9.12.090 Damaging graveyards.
It is unlawful for any person to damage or deface any
ornamental shrubbery or any other thing put, placed or growing on any lot in any
cemetery in the city, by plucking flowers or otherwise tearing, cutting or
removing any part thereof. (Prior code § 9-3-9)
9.12.100 Defacing monuments in cemetery.
It is unlawful for any person to damage or deface a tombstone
or monument in any cemetery in the city by shooting the same or otherwise
chipping, breaking, or in any way, marring the surface thereof. (Prior code
§ 9-3-10)
9.12.110 Establishment of cemeteries prohibited--Exceptions.
It is unlawful for any person to establish or use, within the
city, any place for the burial of the dead without permission of the city
council. (Prior code § 9-3-11)
9.12.120 Hotels, inns, boarding houses, etc.
(a) Any person who shall order, receive or cause to be
furnished any food or accommodations with intent to defraud the owner,
proprietor or lessee of any hotel, inn, boarding house, lodging house,
accommodations, and any person who shall obtain credit at any such hotel, inn,
boarding house, lodging house, restaurant, cafe or hospital by the use of false
pretenses or device, or by delivering or depositing any baggage of less value
than the amount of such credit, or the bill by such person incurred, unless
credit or accommodations at such hotel, inn, boarding house, lodging house,
restaurant, cafe or hospital is given by express agreement, any person who after
receiving credit shall surreptitiously remove his baggage therefrom, shall be
deemed to be guilty of a misdemeanor.
(b) Evidence that lodging, food or other accommodation was
obtained by any false pretense or by false or fictitious show or pretense of
baggage, or proof that the person has absconded without paying for such food,
lodging or other accommodation, or that he has surreptitiously removed or
attempted to remove his baggage shall be prima facie evidence of the fraudulent
intent mentioned herein.
(c) It is unlawful for any person to procure board or lodging
or both from any hotel, inn, boarding house, lodging house, restaurant or cafe
upon the representation in writing that there is money due, or to become due, to
him, to be paid on a future day, out of which he promises to pay for such board
or lodging, or both, and subsequently fail or refuse to so apply such money when
collected by him, or who shall have made any false statement of fact regarding
the money so alleged to be due.
(d) If any person violating the provisions of this section
shall pay the amount due for such boarding or lodging, or both, together with
the costs of the prosecution, the case may be discontinued or sentence suspended
at the discretion of the municipal judge. (Prior code § 9-3-12)
9.12.130 Moneylenders.
(a) Any person, or the agent of any person, lending money and
taking or receiving as securities therefor a chattel mortgage, rent contract,
bill of sale or pledge of personal property, and who collects, receives or
receipts for money loaned, or the interest thereon, or payment for any charge
made incident to making or securing such loan in partial payments or
installments at intervals of at least ninety days of its execution, or makes any
charge for renewals, for preparing new papers or for attorney’s fees, or
for any other charges whatsoever, incident to a loan or extension thereof, shall
be subject to the provisions of this section.
(b) Any moneylender or other person or agent of such person
shall, whenever any payment of principal or interest is made, give to each
borrower making such payment a receipt showing the date and the amount of the
payment and the name of the person by whom made. Such receipt shall be detached
from the book in which a carbon duplicate is retained. The chief of police, or
any police officer or other authorized agent of the city shall have the right at
any reasonable time to inspect such receipt books.
(c) Upon failure to comply with the terms of this section,
the offender shall be guilty of a misdemeanor and, after conviction, the license
of the person so offending may be revoked by the city administrator at his
discretion.
(d) This section shall not apply to chartered banks, or to
time dealers making advances for agricultural supplies exclusively. (Ord.
O-10-93 § 4 (part), 1993; prior code § 9-3-13)
* For provisions regarding business license,
see Section 7.04.010 of this code.
9.12.140 Drawing and uttering fraudulent check, draft or other written order.
Pursuant to Section 34-11-90 of the Code of Laws of South
Carolina 1976, the city adopts and incorporates into this code, Sections
34-11-60 through 34-11-100 of said state code. A violation of any of the
provisions shall be a misdemeanor, punishable as provided in said statutes.
(Prior code § 9-3-14)
9.12.150 Trespass.
Anyone who trespasses upon the real property in the
possession of another, or who refuses to leave after being told to do so by the
person having control of the premises, or who trespasses after notice, either
oral, written or posted, shall be guilty of a misdemeanor. (Prior code §
9-3-15)
9.12.160 Breach of trust with fraudulent intent.
Any person committing a breach of trust with fraudulent
intention shall be held guilty of larceny and so shall any person who shall hire
or counsel any other person to commit a breach of trust with a fraudulent
intention. (Prior code § 9-3-16)
9.12.170 False pretenses--Obtaining property by.
Any person who shall, by any false pretense or
representation, obtain the signature of any person to any written instrument, or
shall obtain from any other person any chattel, money, valuable security or any
other property, real or personal, with intent to cheat and defraud any person of
the same, shall be deemed guilty of a misdemeanor. If, upon the trial of any
person under this section, it shall be proved that he obtained the property in
such a manner as to amount in law to larceny, he shall not by reason thereof be
entitled to an acquittal, but no person tried hereunder shall thereafter be
prosecuted for larceny upon the same facts. (Prior code § 9-3-17)
9.12.180 Obtaining property under false tokens or letters.
Whoever shall falsely or deceitfully obtain or get into his
hands or possession any money, goods, chattels, jewels or other things of any
other person by color and means of any false token or counterfeit letter made in
any other person’s name shall, upon conviction thereof, suffer such
imprisonment as the court may adjudge. (Prior code § 9-3-18)
9.12.190 Stolen goods, receiving.
In all cases whatever, where any goods or chattels or other
property of which larceny may be committed shall have been feloniously taken or
stolen by any person, every person who shall buy or receive any such goods or
chattels, or other property, knowing the same to have been stolen, shall be
guilty of a misdemeanor. (Prior code § 9-3-19)
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