What is an ordinance violation in SC?
Sometimes, law enforcement will charge a person with violating a municipal or county code instead of charging them under a state law.
These municipal offenses, or “ordinance violations,” carry potential fines and jail time just like state-law crimes, and they will go on your criminal record if you are convicted.
In this article, we will discuss everything you need to know about ordinance violations in SC, including:
- The potential penalties for an ordinance violation in SC,
- Other consequences of an ordinance violation, and
- Where to find city and county ordinances online.
What is an Ordinance Violation?
Ordinances are local laws passed by city or county authorities that only apply within the city or county limits, while statutes are statewide laws passed by the state legislature.
Most of these ordinances criminalize conduct that is already criminal under state law. In fact, the SC Constitution prohibits municipalities from criminalizing conduct that is not criminal under state law – for example, see Aakjer, et al v. City of Myrtle Beach, where the SC Supreme Court held that Myrtle Beach’s helmet ordinance was unconstitutional because it was preempted by SC state law.
What are the Potential Penalties for an Ordinance Violation in SC?
Many city and county ordinances carry a potential penalty of a $500 fine, 30 days in jail, or both, the maximum penalty allowed for any municipal or county offense.
SC Code § 5-7-30 says that a “municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both.”
Will an Ordinance Violation Appear on My Criminal Record?
Ordinance violations should be reported to SLED and entered into a person’s criminal history. Convictions will remain on a person’s criminal record unless expunged (they don’t “fall off” after three or ten years as with your SCDMV driving record).
Do I Need an Attorney for an Ordinance Violation?
An ordinance violation is a criminal charge that, like a SC statutory violation, carries a potential jail sentence, a potential fine, and court costs. Convictions will remain on a person’s criminal record forever unless it is eligible for expungement.
Your ordinance violation lawyer can investigate the allegations against you, gather all evidence in your case, advise whether the city or county could get a conviction at trial, and help you explore alternatives to trial, like diversion programs, a conditional discharge, etc.
Can Violating an Ordinance Affect My Employment?
As with state-law convictions, a conviction for an ordinance violation will be on your criminal record, and a conviction for offenses that involve alcohol, theft, or violence may result in difficulty finding meaningful employment. Be aware that arrests alone are typically public record (e.g., booking and release records, mugshots, etc.) and could have employment consequences as well.
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City and County Ordinances are Found in the Municipal or County Codes
If you need to look up your jurisdiction’s city or county codes, you can find them online at library.municode.com.
Below, you’ll find links to the municipal codes for some of our local jurisdictions in the Myrtle Beach, Surfside, and Conway, SC, area, along with examples of the criminal laws contained in them.
Municipal Codes – Ordinance Violations
Many criminal ordinances from city to city and county to county are similar if not identical.
Myrtle Beach municipal code includes offenses like:
- Abandoned vehicles,
- Riding in a portion of a vehicle not designated for passengers,
- Sleeping in a motor vehicle,
- Illegal dumping,
- Noise complaints, and
- Zoning violations.
Surfside’s municipal code includes offenses like:
- Indecent exposure,
- Harassing, threatening, or obscene calls, and
- Drunkenness in public.
Conway’s municipal code includes offenses like:
- Boarding of buildings,
- Loitering for the purpose of drug-related activity, and
- Blocking traffic on the sidewalk.
County Codes – Ordinance Violations
Each county also has ordinances, and sometimes a person may be charged with a county ordinance.
If you are charged with violating a city ordinance, your case will be heard in the municipal court for that city. If you are charged with a county ordinance violation, however, your case will most likely be heard in one of the magistrate courts within that county.
The Horry County code of ordinances includes offenses like:
- Possession or consumption of alcoholic beverages on the beach,
- Prohibitions on fireworks,
- A restriction on “excessive, unnecessary, or unusually loud” noise, and
- Special events permits.
Links to the ordinances online for SC cities in the Myrtle Beach, SC area include:
- Myrtle Beach, SC
- Surfside, SC
- Conway, SC, and
- All of Horry County, SC.
Questions About Ordinance Violations in SC?
If you are charged with a crime, including city or county ordinance violations in the Myrtle Beach, Surfside, Conway, or the Horry County, SC area, contact an ordinance violation attorney immediately to discuss your options.
Contact us through our website using this form or call or text 843-444-4357 to speak with the attorneys at O’Neil Law Firm today.