Title 9 OFFENSES
Chapter 9.16 OFFENSES AGAINST MORALITY
9.16.010 Indecent exposure.
9.16.020 Bawdy houses--Leasing for use as bawdy house.
9.16.030 Solicitation for immoral purposes.
9.16.040 Prostitution prohibited.
9.16.050 Information or direction concerning house for immoral purposes.
9.16.060 Transportation for immoral purposes.
9.16.070 Peeping Toms.
9.16.080 Coin-operated devices.
9.16.090 Gambling--Gambling houses.
9.16.100 Rolling papers.
9.16.110 Drug paraphernalia.
9.16.120 Loitering for purpose of engaging in drug-related activity prohibited.
9.16.130 Purchasing or attempting to purchase contraband.
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 Prostitution prohibited.
It is unlawful for any person to engage in prostitution
within the city. (Prior code § 9-4-4)
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 engaging in drug-related activity prohibited.
(a) It is unlawful for any person to loiter in or near any
thoroughfare or place open to the public, or near any public or private place,
in a manner and under circumstances manifesting the purpose to engage in
drug-related activity contrary to any of the provisions of S.C. Code 1976,
Section 44-53-110 et seq.
(b) Among the circumstances which may be considered in
determining whether such purpose is manifested are:
(1) Such person is a known unlawful drug user, possessor or
seller. For the purpose of this section, a known unlawful drug user, possessor
or seller is a person who has, within the knowledge of the arresting officer,
been convicted in any court within this state of any violation involving the
use, possession or sale of any of the substances referred to in S.C. Code 1765,
Section 44-53-110 et seq., 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 any substances listed in S.C. Code 1976, Section 44-53-110 et seq. or
drug paraphernalia as defined in S.C. Code 1976, Section 44-53-110.
(2) Such person behaves in such a manner as to raise a
reasonable suspicion that such person is engaging or is 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” or
flagging down vehicles or pedestrians.
(3) Such person is physically identified by the officer as a
member of a gang or association which has as its principal purpose illegal drug
activity.
(4) Such person transfers small objects or packages for
currency or any other thing of value in a furtive fashion which would lead the
officer to believe or ascertain that a drug sale has or is about to
occur.
(5) Such person takes flight upon the appearance of a police
officer.
(6) Such person manifestly endeavors to conceal himself or
any object which reasonably could be involved in an unlawful drug-related
activity.
(7) The area involved is by public repute known to be an area
of unlawful drug use and trafficking.
(8) Any vehicle involved is registered to a known unlawful
drug user, possessor or seller or a person for whom there is an outstanding
warrant for a crime involving drug-related activity.
(c) Provisions Supplemental. The provisions of this section
are intended as cumulative and selective, and shall not repeal any other
ordinance involving the same subject matter.
(d) Penalty. Any person who violates the provisions of this
section is guilty of a misdemeanor, and upon conviction shall be punished in
accordance with sentences applicable for misdemeanors. (Ord. O-17-99 (part),
1999)
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)
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