ADOPTING ORDINANCE

ORDINANCE NO. 06-17-06

AN ORDINANCE ENACTING THE NEWBERRY COUNTY, SOUTH CAROLINA, CODE OF ORDINANCES, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE COUNTY OF NEWBERRY DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND REPEALING CERTAIN ORDINANCES INCONSISTENT WITH THE MATTERS CODIFIED IN THE CODE OF ORDINANCES.

   WHEREAS, the present general and permanent ordinances of the County of Newberry 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, Section 4-9-120 of the 1976 S.C. Code of Laws, and other applicable Acts of the General Assembly of the State of South Carolina, empower and authorize the County of Newberry to compile, index, codify, publish, amend and restate any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form, as a permanent, public record of the actions of Council; and

   WHEREAS, Newberry County Council, as governing body of the County of Newberry has authorized a general compilation, revision, codification and indexing of the ordinances of the County of Newberry of a general and permanent nature and publication of such ordinances in book form, and the repeal of any provisions of Ordinances concerning the subject matters set forth in the Code which are inconsistent with said codification; and

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

   NOW, THEREFORE, BE IT ORDAINED BY NEWBERRY COUNTY COUNCIL, AS THE DULY ELECTED GOVERNING BODY OF NEWBERRY COUNTY, SOUTH CAROLINA:

Section 1.   The general ordinances of the County of Newberry as revised, amended, restated, codified, indexed and compiled in book form are hereby adopted as and shall constitute the “Newberry County, South Carolina, Code of Ordinances.”

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

         TITLE I:      GENERAL PROVISIONS

         TITLE III.      ADMINISTRATION

         TITLE V.      PUBLIC WORKS

         TITLE VII.      TRAFFIC CODE

         TITLE IX.      GENERAL REGULATIONS

         TITLE Xl.      BUSINESS REGULATIONS

         TITLE XIII.      GENERAL OFFENSES

         TITLE XV.      LAND USAGE

         TABLE OF SPECIAL ORDINANCES

         PARALLEL REFERENCES

         INDEX

Section 3.   Except as to those Ordinances adopted after December 10, 2005 the provisions of which have not yet been incorporated herein, 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 of Ordinances; 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, 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; 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.   Such Code shall be deemed published as of the day of its adoption and approval by the Newberry County Council and the Clerk to Newberry County Council is hereby authorized and ordered to file a copy of such Code of Ordinances in the official records of Newberry County Council maintained by the Clerk to Council and also in the Office of the Clerk of Court for Newberry County.

Section 5.   Upon adoption, such Code shall be in full force and effect, and such Code shall be presumptive evidence in all courts and places of this codification of the County Ordinances and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given. The Clerk to Council shall distribute copies to the Sheriff of Newberry County and to the Magistrates of the County and to other public officials requiring a copy of same, and access to the Code may also be made available through the Internet. Copies of the Code of Ordinances may be purchased by the public from American Legal, 432 Walnut Street, 12th Floor, Cincinnati, Ohio 45202 at a cost to be set by American Legal.

   AND IT IS SO ORDAINED by Newberry County Council this 7th day of June, 2006 in meeting duly assembled at Newberry, South Carolina.

                        NEWBERRY COUNTY COUNCIL

                        By: Mike Hawkins /s/
                           Mike Hawkins, Chairman

Attest:               

Susan C. Fellers /s)

Susan C. Fellers, Clerk to Council

1st reading: April 19, 2006                Reviewed an approved as to form by:

2nd reading: May 3, 2006

3rd reading: June 7, 2006               Gary T. Pope /s/
                        Gary T. Pope, County Attorney

                        J.E. Klugh /s/
                        J.E. Klugh, Acting County Administrator