(A) The town 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 town shall be responsible for the printing, distributing, monitoring and auditing of the ordinance summons to be used by the town.
(B) 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.
(C) (1) The summons must cite only one violation per summons and must contain at least the following information:
(a) Name and address of person or entity charged;
(b) Name and title of issuing officer;
(c) Time, date and location of the hearing;
(d) A description of the ordinance the person or entity is charged with violating;
(e) Procedure to post bond; and
(f) Any other notice or warning otherwise required by law.
(2) 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 S.C. Code Annotated § 5-7-240 (1976), as amended, and a separate copy of each audit must be furnished to the Town Administrator.
(D) Service of a uniform ordinance summons vests the town’s smunicipal court with jurisdiction to hear and dispose of the charge for which the uniform ordinance summons was issued and served.
(E) 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 $200 nor imprisoned for more than 30 days. The town police officer processing an arrest made pursuant to this section must furnish such information to the state law enforcement division as is required by S.C. Code Title 23, Chapter 3 as amended.
(F) The attached form is hereby adopted as the town’s uniform ordinance summons.
(G) The municipal court shall maintain a record of all cases heard which are charged on an ordinance summons.
(H) This section shall not prohibit the town from enforcing ordinances by any means otherwise authorized by law.
(Ord. 2014-08, passed 8-18-14)