(A) All ordinances and resolutions shall be submitted to and approved by the county manager, and by the county attorney as to legality, form and draftsmanship. Additionally, the county manager and the county attorney may place an ordinance, in full or by title only, on the agenda for consideration by Council.
(B) As used herein, the term “ordinance” shall mean an ordinance having the force of law. Resolutions shall not have the force of law, but shall express the opinion, feeling or recommendation of the Council concerning a particular thing or matter.
(C) All proposed ordinances and resolutions shall be in writing, either typed or printed. Proposed ordinances must be submitted to the clerk to the County Council in writing at least 24 hours prior to the meeting, regular or special, at which introduction is planned.
(D) Any member of the Council may introduce an ordinance topic for discussion and review by requesting through the council chair and county manager that a topic be placed on an upcoming council agenda for discussion and debate and the requesting councilmember so noted on the agenda; or alternatively, by bringing up a topic for discussion and review during the council non-agenda portion of a council meeting, and requesting that the item be referred to an appropriate standing committee by the chair, who may thereafter refer/not-refer the item to committee.
(E) All ordinances levying a tax, incurring indebtedness or otherwise affecting county revenue may be referred to the Committee on Finance, which shall report thereon before the Council shall vote for their passage.
(F) The clerk to the Council shall assign a calendar (agenda) number to the proposed ordinance. Proposed ordinances shall be listed on the calendar (agenda) by number and title in the order in which they are introduced.
(G) If each member of the Council is furnished with a copy of a proposed ordinance or resolution, a verbatim reading thereof shall not be required unless the reading is specifically requested by a member. All ordinances, with the exception of emergency ordinances as hereinafter set out, shall be read at three public meetings of the Council on three separate days with an interval of not less than seven days between the second and third readings. Ordinance readings are considered held and provided when the Ordinance reading is favorably voted upon by a majority of Council present at the Council meeting, regular or special, occurs as part of the county council agenda, including its consent agenda.
(1) At the first reading of an ordinance, a vote shall be taken and debate or amendment is appropriate, unless the ordinance is voted upon as part of the consent agenda or appears “By Title Only” in which case no debate or amendment shall occur. Though not required, the ordinance may be referred by the Council chair to an appropriate committee unless reference is dispensed with by a two-thirds majority vote of members present or when the proposed ordinance shall have been introduced and recommended by a committee.
(2) Committee reports on a referred ordinance shall ordinarily be made at the next consecutive public meeting following first reading, unless a longer time has been designated by the chair or requested by the committee chair. Custom and practice of County Council has required committee meetings to occur immediately prior to the next regularly scheduled County Council meeting. However, in the event this is not practicable, then it is encouraged that the committee meeting occur during regular working hours of the county in advance of the next regularly scheduled meeting. Unless otherwise administered though the county agenda process, at least one day prior to the second reading of an ordinance, a complete typewritten or printed copy of the text of the ordinance shall be delivered to every member of the Council, with such delivery being made electronically, including delivery through the county agenda software distribution process. After all amendments and privileged motions, if any, are disposed of, the question shall be, whether the ordinance shall receive a second reading. Second reading of a proposed ordinance may not be on the same day as the first reading. On second reading, a proposed ordinance may be fully debated and amended, tabled, and the like. After discussion, the proposed ordinance shall be voted upon.
(3) After the ordinance has been given second reading, it shall be given third reading at a subsequent public meeting of Council and amendments may be proffered on third reading the same as on second reading. At least seven days must elapse between the second and third readings of a proposed ordinance. On third reading, the proposed ordinance may be acted on in the same manner as on the second reading. After all amendments and privileged motions, if any, are disposed of, the question shall be the passage of the ordinance. Final action on an ordinance requiring public hearing shall not be taken until the public hearing has been held. When adopted by a majority vote of the County Council the ordinance becomes an official ordinance of the county.
(H) A resolution does not have the force and effect of law and may be adopted at any public meeting of Council. However, unless introduced by an appropriate committee, every resolution must be coordinated through the chair of council, the county manager, the clerk to Council, and the county attorney, and upon introduction thereafter be referred to an appropriate committee unless referral shall be dispensed by a two-thirds majority vote of members present, and thereafter voted upon at the meeting. A report of the committee shall ordinarily be made at the next public meeting and the resolution may be adopted by the Council at that meeting or any subsequent public meeting. Any resolution which is up for adoption may be amended. All amendments must be in writing and germane to the proposed resolution. After all amendments and privileged motions, if any, are dispensed with, the question shall be the adoption of the resolution. Notwithstanding the foregoing, non-substantive resolutions such as honorary acknowledgments and proclamations, and the like may be placed on a council agenda through coordination with the clerk to Council, the county manager, and/or the county attorney, as may be appropriate. Similarly, resolutions promulgated through the ongoing processes and dictates of the Planning and Development Services Department may be placed on the council agenda through coordination with the clerk to Council, the county manager, and the county attorney.
(I) Except as otherwise provided herein, all ordinances, resolutions, codes or policies may be passed or adopted by a majority of the members present voting for passage or adoption.
(J) (1) Notwithstanding the foregoing requirements, the county may initiate emergency ordinances and dispense with the processes described above. In accordance with S.C. Code §§ 4-9-120 and 4-9-130, as may be amended from time to time, the Council may adopt emergency ordinances. An emergency ordinance shall be effective immediately upon its enactment without regard to any reading, public hearing or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment.
(2) The ordinances must deal with public emergencies affecting life, health, safety or the property of the people. The ordinances shall not levy taxes, grant, renew or extend a franchise or impose or charge a service rate.
(3) Every emergency ordinance shall be designated as such and shall contain a declaration that an emergency exists and describe the emergency. Every emergency ordinance shall be enacted by the affirmative vote of at least two-thirds of the members of the Council present.
(‘77 Code, § 2-33) (Ord. 3, passed 2-7-77; Am. Ord. 4, passed 2-7-77; Am. Ord. 622, passed 2-7-22)