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(A) Definitions. Unless the context shall clearly indicate some other meaning, the terms defined in this section shall, for purposes of this section, have the meanings herein specified. Definitions shall be equally applicable to both the singular and the plural forms of any of the terms herein defined.
ADULT. A person, who has reached full legal age as defined by the laws of the State of South Carolina.
CREST OF THE ILIUM. The upper portion of the dorsal, upper and largest area of the three bones composing either lateral half of the pelvis that is broad and expanded above the greater sciatic notch.
CUSTODIAL PARENT. A person as defined by the laws of the State of South Carolina.
GUARDIAN. A person as defined by the laws of the State of South Carolina.
INTIMATE CLOTHING. Men and women's underwear, men and women's underpants, panties, boxers, slips, girdles, athletic supporters, thongs or other similar garments ordinarily worn beneath pants.
MINOR. A person, who has not reached full legal age as defined by the laws of the State of South Carolina.
PANTS. Any garment ordinarily worn to cover a person's lower body and legs. This shall include, but not be limited to, trousers, long pants, short pants, cutoffs, shorts or skirts.
PERSON. An individual or entity possessing legal rights and duties.
PUBLIC PLACE. An area to which the public is invited or to which the public is admitted or has access, including, but not limited to, public and private educational facilities, including, but not limited to, schools, administration buildings and other school owned or controlled property, licensed child care and adult day care facilities, healthcare facilities, hospitals, doctor offices, hotel and motel lobbies, public transportation facilities, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, theaters, galleries, libraries, museums, convention facilities, conference centers, exhibition halls, cultural arts centers, stadiums, ball parks, government controlled parks or recreation areas, other places of meeting or assembly, inclusive of lobbies and audience seating areas, roadways, pathways, sidewalks, yards of residential, commercial and governmental buildings or facilities when visible from roadways, common areas in apartment buildings, condominiums, trailer parks, mobile home parks, camp grounds, retirement facilities, nursing homes, and other multiple residential facilities, restrooms, lobbies, reception areas, hallways, and other common use areas, rooms, chambers and private clubs when being used for a function to which the general public is invited. A private residence is not a public place, unless it is used as a child care, adult daycare, or healthcare facility.
(B) Prohibition of certain attire; duties of parents and guardians.
(1) It shall be prohibited for any person to appear in a public place wearing his or her pants more than three inches below his or her hips (crest of the ilium) and thereby exposing his or her skin or intimate clothing.
(2) It shall be prohibited for any custodial parent or guardian to willfully allow their minor to appear in a public place wearing his or her pants more than three inches below his or her hips (crest of the ilium) and thereby exposing his or her skin or intimate clothing.
(1) This section shall be enforced by the Town's Public Safety Department and by the Town Manager and his or her authorized designees within the incorporated areas of the town.
(2) Any citizen of Winnsboro, who desires to register a complaint under this section, may initiate enforcement with the Town's Public Safety Department.
(3) Not withstanding any other provision of this section, only the Town Manager, his or her authorized designees, or the Public Safety Department may bring legal action against any person(s) to enforce the provisions of this section.
(D) Violations and penalties.
(1) Any person who violates a provision of division (B) of this section shall be guilty of a civil infraction and subject to a fine of $25. Any civil infraction issued to a minor under this chapter shall be enforced in the Fairfield County Family Court, pursuant to S.C. Code § 63-5-510, as amended. All civil infractions issued to adults under this section, where the infraction occurred within the incorporated area of Winnsboro, shall be enforced in Winnsboro's Municipal Court.
(2) Beginning July 30, 2014 and ending September 30, 2014, any person found to be in violation of division (B) of this section, shall be issued a civil infraction warning. The fine, as set forth in division (D)(1) of this section, shall be waived during this time. Beginning October 1,2014, the fine shall be re-instituted for violations of division (B) of this section.
(3) Violation of this section is hereby declared to be a public nuisance, which may be abated by the town by restraining order, preliminary and permanent injunction or other means provided for by law, and the town may take action to recover all attorney fees and costs of the nuisance abatement.
(4) A violation of this section is a singular event violation. The passage of a 24-hour period without correction will not be deemed a continuing violation provided, however, a person may be ticketed if he or she is seen the next day attired in a manner which violates this section.
(5) All civil infractions, issued by an agent of the town within the incorporated areas of the town, shall be issued on a Town Summons Ticket. Further, all civil infraction fines collected as a result of a civil infraction written by the town within the incorporated areas of the town shall go to the general fund of the town.
(Ord. 080514, passed 8-5-2014)