Article IV. Use of Code and Penalties

1.12.440 How code of ordinances cited and designated.

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)

1.12.450 Provisions considered as continuations of existing ordinances.

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)

1.12.460 Severability of parts of code of ordinances.

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)

1.12.470 Descriptive leads.

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)

1.12.480 Definitions and rules of construction.

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:


And, or. The word "and" may be read as "or" and the word "or" may be read as "and" where the sense requires it.


Bond. When bond is required, an undertaking in writing shall be sufficient.


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.


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.


Council or city council. The words "council" or "city council" shall mean the council of the City of Travelers Rest, South Carolina.


County. The word "county" shall mean the County of Greenville, State of South Carolina.


Gender. Words importing masculine gender shall include the feminine and neuter.


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.


Minor. The word "minor" shall mean any person under the age of eighteen years, unless otherwise specifically provided.


Month. The word "month" shall mean a calendar month.


Number. Words used in the singular number include the plural and the plural shall include the singular number.


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."


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.


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.


Personal property. This term shall include every species of property except real property, as defined in this section.


Preceding, following. The words "preceding" and "following" shall mean the next before and the next after, respectively.


Property. The word "property" shall include real and personal property.


Real property and real estate. These terms shall include lands, tenements and hereditaments.


Roadway. The word "roadway" shall mean that portion of a street or thoroughfare improved, designed or ordinarily used for vehicular travel.


Shall, may. The word "shall" is mandatory; the word "may" is permissive.


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.


Signature of subscription. Term to include a mark when a person cannot write.


State. The word "state" or "this state" shall be construed to mean the State of South Carolina.


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.


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.


Time. Words used in the past or present tense include the future as well as the past or present.


Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters.


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)

1.12.490 Officers, agents, etc., of the municipality.

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)

1.12.500 Effect of repeal or expiration of ordinances.

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)

1.12.510 General penalty—Continuing violations.

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)

1.12.520 Liability of corporations and/or agents for violations.

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)

1.12.530 Ordinances to be entered in book—Certificate of publication.

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)

1.12.540 Notation of amending and repealing.

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)

1.12.550 Amendments to code.


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.


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.


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.


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."


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.


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)