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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
(A) Any person violating any provision of this chapter for which no penalty is prescribed shall be subject to § 10.99.
(B) A person violating § 130.01 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 or imprisoned for not more than 30 days.
(Ord. 03-17-03, passed 3-12-2003)
(C) A person who violates the provisions of § 130.02(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than $500 or imprisoned for 30 days.
(Ord. 232, passed 9-9-2000)
(D) A person who violates the provisions of § 130.04 is guilty of a misdemeanor and, upon conviction, must be fined not more than $500 or imprisoned for not more than 30 days.
(Ord. 230, passed 9-9-2000)
(E) Any person who violates the provisions of § 130.05 is guilty of a misdemeanor and, upon conviction, may be fined up to $500 or imprisoned for not more than 30 days.
(Ord. 229, passed 9-9-2000)
(Ord. 222, passed 10-13-1999)
(Ord. 221, passed 10-13-1999)
(H) A person violating § 130.10 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 or imprisoned for not more than 30 days.
(Ord. 220, passed 10-13-1999)