(A) Except as provided in subsection (B), the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These 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. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.
(B)(1) The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:
(a) the number of officers appointed and commissioned by the county on July 1, 2001; or
(b) one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.
(2)(a) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement 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 Article 9, Chapter 6, Title 23.
(b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.
(3) For purposes of this section, the phrase "litter control officer" means a code enforcement officer authorized to enforce litter control laws and ordinances.
HISTORY: 1990 Act No. 598, Section 3, eff June 25, 1990; 1992 Act No. 411, Section 1, eff June 1, 1992; 1996 Act No. 373, Section 1, eff May 29, 1996; 2001 Act No. 109, Section 1, eff October 4, 2001.
Effect of Amendment
The 1992 amendment deleted language at the end of the second sentence relative to noninterference with the sheriff's department, added the third sentence, and inserted "code" preceding "enforcement officers" in two places.
The 1996 amendment added the last sentence beginning "The governing body of the county."
The 2001 amendment designated the former section as subsection (A), inserted references to subsection (B), and made language changes; and added subsection (B).
Structure South Carolina Code of Laws
Section 4-9-20. Designation of permissible alternative forms of government.
Section 4-9-25. Powers of counties.
Section 4-9-33. Referendum required to approve creation of county police department.
Section 4-9-35. County public library systems; boards of trustees.
Section 4-9-36. Duties of boards of trustees.
Section 4-9-37. Additional duties of boards of trustees.
Section 4-9-38. Status of donations for tax purposes; applicability of state laws.
Section 4-9-39. Funding of systems; transfer of assets of former libraries.
Section 4-9-40. Power of county to contract for services within municipalities.
Section 4-9-45. Police jurisdiction of coastal counties.
Section 4-9-81. Authority for increasing size of governing body of district; procedure.
Section 4-9-100. Council members shall not hold other offices; salaries and expenses of members.
Section 4-9-150. Audits of county records; designation of auditors; public inspection of report.
Section 4-9-155. Repealed by 1994 Act No. 516, Section 36, eff August 31, 1994.
Section 4-9-160. Council shall provide for centralized purchasing system.
Section 4-9-190. Certain provisions inapplicable to board of commissioners form of government.
Section 4-9-410. Membership of council; election, term, and compensation of supervisor.
Section 4-9-420. Powers and duties of supervisor.
Section 4-9-440. Applicability of Article 1.
Section 4-9-610. Membership of council; election and term of members.
Section 4-9-630. Powers and duties of administrator.
Section 4-9-640. Preparation and submission of budget and descriptive statement.
Section 4-9-650. Authority of administrator over certain elected officials.
Section 4-9-660. Authority of council and its members over county officers and employees.
Section 4-9-670. Applicability of Article 1.
Section 4-9-810. Membership of council; election and terms of members.
Section 4-9-830. Powers and duties of manager.
Section 4-9-840. Preparation and submission of budget and descriptive statement.
Section 4-9-860. Election or appointment of county treasurer and auditor.
Section 4-9-870. Applicability of Article 1.
Section 4-9-1010. Membership of county board of commissioners.
Section 4-9-1030. Board shall be county governing body; duties of board.
Section 4-9-1040. Time and place of meetings; special meetings; notice.
Section 4-9-1050. Board may elect clerk; duties, salary, and term of office.
Section 4-9-1070. Commissioners may administer oaths and punish for contempt of their proceedings.
Section 4-9-1080. Commissioners shall not be interested in certain contracts.
Section 4-9-1090. Commissioners must give bond.
Section 4-9-1100. Governor shall make certain appointments.
Section 4-9-1220. Electors may petition for repeal of certain ordinances.
Section 4-9-1230. Election shall be held where council fails to adopt or repeal ordinance.