(A) General penalty; continuing violation.
(1) Whenever in this code or in any ordinance or resolution of the municipality or rule, regulation or order promulgated by any officer or agency of the municipality under authority duly vested in him, her 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, where no specific penalty is provided for the violation thereof, the violation of any provisions of this code, ordinance, resolution, rule, regulation or order shall be punished by a fine not exceeding $500 and/or by imprisonment for a period not exceeding 30 days; provided, however, that, no penalty shall exceed the penalty provided by the state law for similar offenses.
(2) Each day any violation of this code or any ordinances, rules or regulations shall continue shall constitute a separate offense.
(Prior Code, § 1.08.010)
(B) Violations of rules, regulations and orders. Except as otherwise provided in this code, the violation of any rules, regulations or orders promulgated by any officer or agency of the municipality under authority vested in him or her or it by law or by the provisions of the code or any ordinance or resolution shall be unlawful.
(Prior Code, § 1.08.020)
(C) Use of ordinance summons. Any municipal law enforcement or code enforcement officer of the town is authorized to use an ordinance summons to cite municipal ordinance violations. The use of the ordinance summons shall conform with S.C. Code § 56-7-80, as amended.
(Prior Code, § 1.08.030)
(D) Liability of corporations; agents for violations.
(1) Any violation of this code by any officer, agent or other person acting for or employed by any corporation, unincorporated association or organization while acting within the scope of his or her office or employment shall, in every case, also be deemed to be a violation by the corporation, association or organization.
(2) Any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization shall be subject and liable to punishment as well as the corporation or unincorporated association or organization for the violation by it of any provision of this code, where the violation was the act or omission, the result of the act, omission or order of any person.
(Prior Code, § 1.08.040)
(Ord. 92-14, passed - -)
Editor’s note:
The section deals with liability of corporations by persons authorized to act for it. The legal terminology for this is respondeat superior or vicarious liability, which simply means that one may commit a crime through the agency of another. State v. Johnson. 255 S.C. 14, 176 S.E.2d. 575 (1970).
Statutory reference:
Authority, see S.C. Code § 5-7-30
Limitation on fine and term of imprisonment, see S.C. Code § 5-7-30
Maximum penalties that Municipal Judge may impose, see S.C. Code § 14-25-65