ADOPTING ORDINANCE

ORDINANCE NO. 24-01

               AS AMENDED
                  Introduced by:   Mayor Knox
                  Date:       November 27, 2001

1st Reading 12-11-01

2nd Reading 1-8-02

3rd Reading 1-8-02

      AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF FOLLY BEACH, SOUTH CAROLINA, REVISING, AMENDING CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF FOLLY BEACH DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.

WHEREAS,   the present general and permanent ordinances of the City of Folly Beach are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace; health, safety, and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS,   the Acts of the South Carolina Legislature empower and authorize the City of Folly Beach to revise, amend, restate, codify, and compile any existing ordinances and all new ordinances heretofore adopted but not published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS,    it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this ordinance take effect at an early date.

NOW THEREFORE, the City Council of Folly Beach, duly assembled, hereby ordains as follows:

Section 1.   The general ordinances of the City of Folly Beach as revised, amended, restate, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances" of the City of Folly Beach, South Carolina.

Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

TITLE I: GENERAL PROVISIONS

      10.   Rules of Construction; General Penalty
      11.   City Seal

TITLE III: ADMINISTRATION

      30.    Form of Government
      31.    City Government
      32.    City Officials
      33.    Boards, Commissions and Departments
      34.    Municipal Court
      35.    Emergency Management
      36.    Finances
      37.    Personnel

TITLE V: PUBLIC WORKS

      50.    Garbage
      51.    Public Utilities
      52.    Sewers
      53.    Storm Water Management
      54.    Water

TITLE VII: TRAFFIC CODE

      70.    General Provisions
      71.    Traffic Rules
      72.    Parking Regulations

TITLE IX: GENERAL REGULATIONS

      90.    Fire Prevention and Protection
      91.    Streets and Sidewalks
      92.    Parks
      93.    Trees and Shrubs
      94.    Health and Sanitation; Nuisances
      95.    Animals

TITLE XI: BUSINESS REGULATIONS

      110.    General Licensing Provisions
      111.    Alcoholic Beverages
      112.    Clubs
      113.    Hotels and Motels

TITLE XIII: GENERAL OFFENSES

      130.    General Provisions
      131.    Offenses Against Public Peace
      132.    Offenses Against Property
      133.    Offenses Against Public Morals
      134.    Offenses Against Public Welfare

TITLE XV: LAND USAGE

      150.    Building Regulations
      151.    Beach Preservation and Construction Provisions
      152.    Flood Damage Prevention
      153.    Land Development; Subdivisions
      154.    Zoning

TABLE OF SPECIAL ORDINANCES

      I.    Annexations
      II.    Easements; Relocations
      III.    Expansions; Improvements
      IV.    Designated N-1 Properties

Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed, or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, any zoning ordinance of the city or amendments thereto, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; any ordinance fixing utility rates and charges, nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4.   Whenever in the Code an act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor by the council, or whenever in the Code the doing of any act is required or the failure to do any act is declared to be unlawful by the Council, and no specific penalty is provided therefor, the violation of any provisions of the code shall be punished by a fine not more than $500, or imprisonment for a term not exceeding 30 days, as provided in Section 10.99.

Section 5.   In case of the amendment by the Council of any section of the code for which a penalty is not provided, the general penalty as provided in Section 10.99 of the Code shall apply to the section as amended; or in case the amendment contains provisions for which a penalty is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 6.     This Code shall be deemed published as of the day of the adoption and shall be in full force and effect.

Section 7.   A copy of the code shall be kept on file in the office of the City Clerk, preserved in loose-leaf form, or in some other form, as the clerk may consider expedient. It shall be the express duty of the Clerk, or someone authorized by the Clerk to insert in their designated places, all amendments, ordinances or resolutions which indicate the intention of the Council to make the same a part of the Code when the same have been printed or reprinted in page form, and to extract from the Code all provisions which may be repealed from time to time by the Council. This copy of the Code shall be available for all persons dealing desiring to examine it.

Section 8.   It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of the code, or to insert or delete pages or portions thereof, or to alter or tamper with the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person violating this section shall be punishable as provided in Section 10.99 of the Code of the City of Folly Beach and in Section 4 of this ordinance. This ordinance shall become effective on the date of adoption.

   ADOPTED this                   day of                               , 2001.

            Vernon Knox \s\
            Vernon Knox, Mayor

ATTEST:

Marlene B. Estridge \s\     
City Clerk

AYES:
NAYS:
ABSTAIN:

                                 
Council Member Benson             Council Member Theiling

                                 
Council Member Lennon             Council Member Rhodes

                                 
Council Member Klauber             Council Member Winschen