ADOPTING ORDINANCE

ADOPTING ORDINANCE 09-005

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF GOOSE CREEK, SOUTH CAROLINA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE

BE IT ORDAINED BY THE MAYOR AND COUNCIL:

Section 1.   The Code entitled "Code of Ordinances, City of Goose Creek, South Carolina," published by American Legal Publishing Corporation, consisting of chapters 10 through 151, which shall supersede all general and permanent ordinances of the City passed on or before the adoption of this ordinance, to the extent provided in Section 2 hereof.

Section 2.   All provisions of the Code shall be in full force and effect from and after the effective date of this ordinance, and all ordinances of a general and permanent nature enacted on final passage on or before the effective date of this ordinance and not included in the Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the Code.

Section 3.   The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4.   Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance or resolution, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding 30 days. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5.   Any and all additions or amendments to the Code when passed in such form as to indicate the intention of the Mayor and Councilmembers to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6.   In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and in Section 1-6 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general 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 7.   Any ordinance adopted after the effective date of this ordinance which amends or refers to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Section 9.   This ordinance shall become effective August 11, 2009.

INTRODUCED the 14th day of July, 2009.

Done the 11th day of August, 2009.

                            /s/

                           Mayor Michael J. Heitzler, Ed.D.

Attest: /s/

    Kelly J. Lovette, CMC, City Clerk

/s/           /s/

Mayor Pro Tem James (Kimo) R. Esarey      Councilmember Marguerite H. Brown

/s/           /s/

Councilmember Sal Gandolfo               Councilmember John B. McCants

/s/           /s/

Councilmember Mark A. Phillips            Councilmember Jerry Tekac