Article I. Powers and Duties of Police Officers

2.08.010 Powers generally.

Each police officer shall be sworn in and thereupon shall be invested with all the powers of constables within the corporate limits of the city and of its police jurisdiction. Each officer also shall have the power to carry out all duties assigned to him by statute, ordinance, resolution, directive, rule or regulation as is necessary or by implication.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-1)

2.08.020 Obedience to superiors.

The chief of police at all times shall be recognized and respected by each member of the department as superior officers. Any disregard, inattention or disobedience of the proper general or special orders shall be reported to the fire chief and the chief of police.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-2)

2.08.030 Supervision by superiors.

It shall be the duty of the chief of police, to properly distribute officers over the city in such manner as to obtain the best results and most efficient service. He shall initiate such programs as will provide him with information and reports and shall maintain regular contact with members of the division.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-3)

2.08.040 Duties.

It shall be the duty of each officer to arrest and/or report any person violating laws or ordinances within the city, or on city property, and failure or neglect to do so shall make him liable to fine, suspension or discharge.

(Prior code § 2-2-4)

2.08.050 Power to request assistance.

Every police officer of the city is authorized and empowered to call upon any bystander to assist in making any arrest when such assistance is necessary. Any person responding to such call and assisting in an arrest shall be protected as fully in his action as a police officer of the city.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-5)

2.08.060 Approaching within twenty feet of person being arrested.

It is unlawful for any person to wilfully approach nearer than twenty feet of any police officer who is making or attempting an arrest, or while on his way to jail with his prisoner. All officers are empowered to order all persons away from the vicinity of the site of arrest or the jail while any person is being placed therein or being held for custody. Refusal to obey this section shall be a misdemeanor.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-6)

2.08.070 Obstruction of streets, sidewalks—Crowds.

Each police officer shall be empowered to use any reasonable means to prevent the obstruction of the sidewalks or streets, and to disperse all crowds of a riotous nature, or those disturbing the peace and quiet of the city.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-7)

2.08.080 Cursing or abusing police officers.

It is unlawful for any person to curse or abuse any police officer on duty in the city. Continued cursing or abuse after arrest shall be a separate offense.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-8)

2.08.090 Escape or attempting to escape.

It is unlawful for any person, after being lawfully arrested, or sentenced to imprisonment, or while in the custody of any officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(Prior code § 2-2-9)

2.08.100 Reports by officers.


Each police officer shall report to his superior officer before entering upon his daily duties for assignments and information and must make such other regular reports as are required by these rules or by his superior officer.


At every change of shift, the officer in charge shall make a written report of all nuisances and misdemeanors that may have occurred during his shift, citing names, places, times, dates and all other pertinent information. This report shall be made in duplicate with the original being filed with the commander and a copy being given to the officer in charge of the succeeding shift or shifts.


A permanent record book must be maintained which shall show the names, addresses, charges, bonds or pledges, trial and disposition of each person arrested.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-2-10)

2.08.110 Uniform ordinance summons.


The city of Travelers Rest, South Carolina, does adopt a uniform ordinance summons for use in the enforcement of municipal ordinances. Any municipal law enforcement officer or code enforcement officer is authorized to use the uniform ordinance summons. The city shall be responsible for the printing, distributing, monitoring and auditing of the ordinance summons to be used by the city.


The uniform ordinance summons may not be used to perform a custodial arrest. The uniform ordinance summons may not be used to enforce any municipal ordinance which regulates the use of motor vehicles on the public roads of the state of South Carolina.


The uniform ordinance summons must cite only one violation per summons and must contain at least the following information:


Name and address of person or entity charged;


Name and title of issuing officer;


Time, date and location of the hearing;


A description of the ordinance the person or entity is charged with violating;


Procedure to post bond; and


Any other notice or warning otherwise required by law.

The uniform ordinance summons shall be consecutively and discreetly numbered. The ordinance summonses shall be audited as part of the annual independent audit required by South Carolina Code Annotated Section 5-7-240 (1976), as amended, and a separate copy of each audit must be furnished to the city administrator.


Service of a uniform ordinance summons vests the city municipal court with jurisdiction to hear and dispose of the charge for which the uniform ordinance summons was issued and served.


Any municipal law enforcement officer or code enforcement officer who serves a uniform ordinance summons must allow the person served to proceed without first having to post bond or to appear before a magistrate or municipal judge. Acceptance of a uniform ordinance summons constitutes a person's recognizance to comply with the terms of the summons. Any person who fails to appear before the municipal court as required by a uniform ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the municipal court, is guilty of a misdemeanor and, upon conviction must be fined not more than two hundred dollars nor imprisoned for more than thirty days. The city police officer processing an arrest made pursuant to this ordinance must furnish such information to the state law enforcement division as is required by Chapter 3, Title 23, of the Code of Laws of South Carolina as amended.


The attached form is hereby adopted as the city of Travelers Rests's uniform ordinance summons.


The municipal court shall maintain a record of all cases heard which are charged on an ordinance summons.


This ordinance shall not prohibit the city from enforcing ordinances by any means otherwise authorized by law.

(Ord. O-10-93 § 4 (part), 1993; Ord. O-01-93, 1993)