(A) (1) Code enforcement officers are hereby appointed to enforce the provisions of the county code on all public and private property within the unincorporated areas of the County in order to enforce ordinances related to land use affecting the general welfare, safety, and health of the County.
(2) County animal control officers are hereby appointed to enforce the county animal control ordinances on all public and private property within the unincorporated areas of the county and within municipalities where the county provides animal control services under an intergovernmental agreement.
(3) Litter control officers are hereby appointed to enforce litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his or her primary duties on all private and public property within the county only if the officer has been certified as a law enforcement officer pursuant to S.C. Code Article 9, Chapter 6, Title 23.
(4) Appointment and commissioning. Code enforcement officers and animal control officers shall be sworn in by the County Council or its designate representative as soon as practicable upon being hired. Upon an officer’s change of position within York County to an non-enforcement position or upon separation from York County Government, such individual commission shall automatically expire, without further action by York County Council.
(5) Code enforcement officers, appointed and commissioned by the County Council pursuant to the provisions of this section, and county law enforcement officers are authorized to use the ordinance summons for the enforcement of county ordinances in the unincorporated area of the County.
(6) County animal control officers, appointed and commissioned by the County Council pursuant to the provisions of this section, are authorized to use the ordinance summons for the enforcement of county animal control ordinances in the unincorporated area of the county and within the municipalities where the County provides animal control services under an intergovernmental agreement.
(7) Litter control officers, appointed and commissioned by the County Council pursuant to the provisions of this section, are authorized to use the ordinance summons and the powers of arrest with respect to primary duties of litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to S.C. Code Article 9, Chapter 6, Title 23.
(B) Upon appointment and commissioning, county code enforcement officers shall have, do, and exercise all the rights, duties, and powers prescribed by law for constables pursuant to S.C. Code § 4-9-145 except county code enforcement officers shall not have the authority to:
(1) Carry a firearm; or
(2) Make a custodial arrest.
(C) Upon appointment and commissioning, animal control officers shall have, do, and exercise all the rights, duties, and powers prescribed by S.C. Code § 4-9-145 and § 47-3-10, et seq., except animal control officers shall not have the authority to:
(1) Carry a firearm;
(2) Make a custodial arrest; or
(3) Enforce any county ordinance or law other than those related to animal control.
(D) Upon appointment and commissioning, litter control officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county and are authorized to:
(1) Carry a firearm;
(2) Make a custodial arrest
(3) Enforce any county ordinance and law that may arise incidental to the enforcement litter control laws.
(E) It shall be unlawful for any person to interfere with, hinder, obstruct, impede, or impair a code enforcement officer or animal control officer in the discharge of his or her official duties. Such violation shall constitute a misdemeanor offense punishable by a maximum fine of $470 or imprisonment for no more than 30 days.
(‘77 Code, § 2-10) (Ord. 1491, passed 5-21-91; Am. Ord. 893, passed 2-15-93; Am. Ord. 6697, passed 10-20-97; Am. Ord. 5409, passed 12-7-09; Am. Ord. 911, passed 5-2-11; Am. Ord. 113, passed 2-4-13; Am. Ord. 5313, passed 9-3-13; Am. Ord. 1417, passed 3-6-17; Am. Ord. 6118, passed 12-17-18)
Cross-reference:
Civil Defense and Emergency Preparedness, Chapter 36