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(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
USE OF A FIREARM. To discharge a firearm.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this county.
(C) This section does not apply to persons lawfully defending themselves or their property.
(D) This section establishes breath and blood testing procedures and admissibility requirements of the tests by adopting S.C. Code § 23-31-410, as amended, into this section for that purpose.
(E) This section establishes its presumptions of intoxication by adopting S.C. Code § 23-31-420, as amended, into this section for that purpose.
(Ord. 232, passed 9-9-2000) Penalty, see § 130.99
Statutory reference:
As to discharging a firearm under the influence, see S.C. Code § 23-31-400, as amended
Breath/blood testing, see S.C. Code § 23-31-410, as amended
Presumptions, see S.C. Code § 23-31-420, as amended
As to discharging a firearm under the influence, see S.C. Code § 23-31-400, as amended
Breath/blood testing, see S.C. Code § 23-31-410, as amended
Presumptions, see S.C. Code § 23-31-420, as amended
Any person who shall hinder, prevent, or obstruct any officer or other person charged with the execution of any warrant or other process issued under the provisions of this chapter in arresting any person for whose apprehension the warrant or other process may have been issued; rescue or attempt to rescue the person from the custody of the officer or person or persons lawfully assisting him or her, as aforesaid; aid, abet, or assist any person so arrested, as aforesaid, directly or indirectly, to escape the custody of the officer or person or persons assisting him or her, as aforesaid; or harbor or conceal any person for whose arrest a warrant or other process shall have been issued, so as to prevent his or her discovery and arrest, after notice or knowledge of the fact of the issuing of the warrant or other process, shall, on conviction, for any such offense, be subject to a fine of not more that $500 or imprisonment for not more than 30 days or both.
(Ord. 231, passed 9-9-2000)
Cross-reference:
Opposing or resisting an officer serving process, see § 130.10
Opposing or resisting an officer serving process, see § 130.10
Statutory reference:
Generally, see S.C. Code § 16-5-50, as amended
Generally, see S.C. Code § 16-5-50, as amended
It shall be unlawful for any person to willfully, maliciously, and indecently expose his or her person in a public place, on the property of others, or to the view of any person on a street or highway.
(Ord. 230, passed 9-9-2000) Penalty, see § 130.99
Statutory reference:
Generally, see S.C. Code § 16-15-130, as amended
Generally, see S.C. Code § 16-15-130, as amended
It shall be unlawful for any person to have in their possession any open beer, wine, or liquor in any public place in Newberry County. However, this section must not be construed to prohibit the possession or transportation of beer, wine, or liquor in a sealed container.
(Ord. 229, passed 9-9-2000) Penalty, see § 130.99
Statutory reference:
Open container in a motor vehicle, see S.C. Code § 16-4-110, as amended
Open container in a motor vehicle, see S.C. Code § 16-4-110, as amended
It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by any law enforcement agency in Newberry County when the dog or horse is used in the performance and functions by a law enforcement agency or when a dog is placed in a kennel off duty of a horse in a stable off duty, or to interfere or meddle with a dog or horse used by law enforcement department of agency in the performance of the functions or duties of the law enforcement agency.
(Ord. 228, passed 9-9-2000) Penalty, see § 130.99
Statutory reference:
Generally, see S.C. Code § 47-3-610, as amended
Generally, see S.C. Code § 47-3-610, as amended
It shall be unlawful for anyone to carry a deadly weapon usually used for the infliction of personal injury concealed about his or her person. Nothing herein contained may be construed to apply to persons carrying concealed weapons upon their own premises or pursuant to and in compliance with S.C. Code §§ 23-31-205 et seq., or peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.
(Ord. 222, passed 10-13-1999) Penalty, see § 130.99
It shall be unlawful for anyone to carry about their person any pistol, whether concealed or not, except as permitted by S.C. Code § 16-23-20, as amended, or other provision of state or federal law.
(Ord. 221, passed 10-13-1999) Penalty, see § 130.99
(A) Definitions.
CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor in Schedules I through V in S.C. Code §§ 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270, as may be amended from time to time hereafter.
CRACK. Means CRACK COCAINE as defined in S.C. Code § 44-53-110, as amended.
DELIVER or DELIVERY. The actual, constructive, or attempted transfer of a controlled substance or illegal drug, or paraphernalia as defined in this section.
DRUG. A substance as defined in S.C. Code § 44-53-110, as may be amended from time to time hereafter.
ICE or CRANK. A crystal form of d-methamphetamine hydrochloride, a crystal form of other amphetamine or methamphetamine derivatives, and means the other form of amphetamine or methamphetamine or the other drug as may be otherwise defined in S.C. Code § 44-53-110, as amended.
MARIJUANA. A substance as defined in S.C. Code § 44-53-110, as may be amended from time to time hereafter.
NARCOTIC DRUG. Opium, coca leaves, opiates, compounds, manufacture, salt, derivative or preparation of opium, coca leaves or opiates, together with the definition of narcotic drugs as defined in S.C. Code § 44-53-110, as may be amended from time to time hereafter.
PARAPHERNALIA. Any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, preparing, or otherwise consuming marijuana, hashish, hashish oil, heroin, cocaine, or any derivatives thereof, ice, crank, crack, or any other drug or other controlled substance, but shall not include cigarette papers and tobacco pipes, but shall include, but is not limited to:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes used, designed for use with, or intended for use with: marijuana, hashish, hashish crack, or other illegal drug or controlled substance, whether or not the pipe is equipped with screens, permanent screens, hashish heads, crack heads, ice heads, or punctured metal bowls;
(b) Water pipes used with, designed for use with, or intended for use with: marijuana, hashish, hashish oil, cocaine, narcotic drugs, ice, crank, or other illegal drug or controlled substance;
(c) Carburetor pipes, tubes, or devices, that is, devices incorporating a tube and which are used for the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, heroin, narcotic drugs, ice, crank, crack, or other illegal drug or controlled substance;
(d) Smoking and carburetion masks, that is, devices incorporating masks which exclude normal air from the facial orifices of the user, and which allow the user to ingest into his or her lungs substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, heroin, narcotic drugs, ice, crank, crack, or other illegal drug or controlled substance;
(e) Roach clip, that is, a clip-type or spring-type, or other, device used for the holding of marijuana cigarettes to facilitate the smoking of marijuana cigarettes by the user of the roach clip;
(f) Separation gins used for, designed for use, or intended for use, in cleaning marijuana;
(g) Spoons or vials used for the storage or consumption of cocaine, heroin, crack, crank, ice, other narcotic drugs, or controlled substances;
(h) Chamber pipes, that is, devices incorporating a smoke chamber and a method for burning marijuana, hashish, hashish oil, cocaine, narcotic drugs, ice, crank, crack, or other illegal drug or controlled substance, and used for, intended to be used for, or designed for use, in connection with the smoking of the drugs aforementioned;
(i) Electric pipes, that is, devices incorporating a tube or pipe, and an electric blower device, and which are used for, designed for use for, or intended for use for, the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, narcotic drugs, ice, crank, crack, or other illegal drug or controlled substance;
(j) Air-driven pipes, that is, devices incorporating a tube or pipe and a means of mechanically forcing air through the tube or pipe, and which are used for, designed for use for, or intended for use for, the controlled ingestion into the lungs of the user of substantial quantities of smoke derived from the burning of marijuana, hashish, hashish oil, cocaine, narcotic drugs, ice, crank, crack, or other illegal drug or controlled substance;
(k) Bong, means the slang term for a carburetor tube or pipe, as defined in this section;
(l) Ice pipe or chiller means a carburetor-type tube or pipe, as defined in this section, which has the additional feature of incorporating a cooling mechanism for the cooling of the smoke produced by the device;
(m) Syringes means those syringes used for, designed for use for, or intended for use for administration of drugs, controlled substances, and/or narcotic drugs, and which syringes are not possessed pursuant to a valid prescription from a medical doctor; and
(n) Possession means having paraphernalia on or about the person, or having dominion and control over those portions of a premises wherein the person knows, or reasonably should know, that paraphernalia is located.
(B) Offense. The possession anywhere in Newberry County of paraphernalia as defined in this section shall be illegal, unless otherwise authorized by state or federal law, or unless authorized by valid prescription from a physician licensed to practice medicine in South Carolina, or licensed by the United States Government.
(C) Presumptions.
(1) If any person has possession, dominion, or control over paraphernalia, or over the premises where the paraphernalia is located, and at the same time and place, has dominion or control over controlled substances, including, but not limited to, narcotic drugs, marijuana, crack, heroin, ice, or crank, the court or jury may find, but is not required to find, that the person has possession of paraphernalia in contravention of this section.
(2) If any person has possession, dominion, or control over paraphernalia, and the paraphernalia is contaminated with any trace or small amount of controlled substances, including, but not limited to, narcotic drugs, marijuana, crack, heroin, ice, or crank, the court or jury may presume that the paraphernalia is used, designed to be used, or intended to be used as paraphernalia as defined in this section, and the person may be found guilty of violating this section.
(D) Violations. Any person found guilty by a court of competent jurisdiction of violating this section shall be subject to the maximum penalties now provided, or which may hereafter be provided, by the laws of the State of South Carolina for violations of criminal offenses within the jurisdiction of the magistrate's courts of this state.
(Ord. 119, passed 2-7-1991) Penalty, see § 130.99
It shall be unlawful for any person to knowingly and wilfully oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute, a legal writ or process; or to resist an arrest being made by one whom the person knows, or reasonably should know, is a law enforcement officer, whether under process or not.
(Ord. 220, passed 10-13-1999) Penalty, see § 130.99
Cross-reference:
Hindering an officer serving process, see § 130.03
Statutory reference:
Generally, see S.C. Code § 16-9-320, as amended
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