CHAPTER 12. POLICE
ARTICLE I. IN GENERAL
12.101 Appointment . Composition
12.102 Chief of Police . Authority
12.103 Surety Bond
12.104 Oath of Office
12.105 Compensation
12.106 Powers . Generally
12.107 Uniforms
12.108 Bonds and Fines
12.109 Bail Money . Collection
12.110 Jurisdiction of Streets
12.111 Observation of Conditions
12.112 Police to Sell Recovered Personal Property
12.113 Emergencies . Police and Other Subdivisions
12.114 Special Police for Business Purposes . Compensation . Removal
12.115 Additional Duties
12.116 Property to be Returned . Failure to Do So
ARTICLE II. RULES OF CONDUCT
12.201 Personal Appearance
12.202 Drinking on Duty
12.203 Conduct . General Demeanor
12.204 Same . On Duty
12.205 Same . Off Duty
12.206 Public Discussion of Department Prohibited
12.207 Suspensions . Hearing
12.208 Same . Police Chief
ARTICLE III. RULES OF PROCEDURE
12.301 Supervision by Chief
12.302 Reports by Officers . Record Book
12.303 Duties of Police Officers
12.304 Same . To Prisoner
ARTICLE IV. INTERFERENCE
12.401. Obedience to Officers.
12.402. Posse Commitatus. Citizens to Aid.
12.403. Assaulting Officer.
12.404. Resisting Officer Making Arrest.
12.405. Obstructing Officer.
12.406. Failure to Stop on Command of Officer.
12.407. Aiding and Abetting.
12.408. Prisoners. Communication With.
12.409. Same. Escape From Custody Unlawful.
12.410. Approaching Within Twenty Feet of Person Being Arrested.
12.411. Imitating Signal or Call for Police Officer Prohibited.
ARTICLE V. VEHICLE OPERATIONS
12.501. Emergency Response.
12.502. Careless Operation of Motor Vehicle
ARTICLE VI. PENALTIES
12.601 Penalty
CHAPTER 12. POLICE
ARTICLE I. IN GENERAL
12.101 APPOINTMENT. COMPOSITION.
The Police Department shall consist of a Chief of Police, to be appointed by the Council and such officers
and employees as may be authorized.
12.102. CHIEF OF POLICE. AUTHORITY.
a. In addition to those duties and powers provided elsewhere in this code or by ordinance, the Chief of
Police shall supervise the Police Department and shall be responsible for security of business
establishments and for any other matters of public
safety and law enforcement.
b. Police officers are hereby authorized and empowered to make arrests of all offenders against
municipal ordinances and statutes of the state committed within the corporate limits.
12.103. SURETY BOND.
The Chief of Police and other members of the department shall give bond in favor of the town, in the
amounts and under the conditions as the Council may, from time to time, determine, the premiums to be
paid by the town.
12.104. OATH OF OFFICE.
Before entering upon the duties of his office, each police officer shall take and subscribe to an oath
that he will support the constitution and laws of the state, the Constitution of the United States and the
code of The Town of Campobello.
(Editors Note. As to oath, please see §2.106 of this code.)
12.105. COMPENSATION.
Compensation shall be subject to appropriations in the annual budget.
12.106. POWERS. GENERALLY.
Each officer of the department shall be sworn and invested with all powers within the corporate limits of the
town and/or its police jurisdiction as authorized by law. He shall have the power to carry out all duties
assigned to him by statutes, ordinances, resolutions, directives, rules or regulations.
12.107. UNIFORMS.
Every police officer shall wear at all times, while on duty, a uniform of the type and quality authorized by
the Chief.
12.108. BONDS AND FINES.
Members of the department shall not collect bonds.
12.109 BAIL MONEY. COLLECTION.
a. Any person violating an ordinance of The Town of Campobello or any state laws may be
apprehended by a police officer and a summons issued therefore.
b. A trial date shall be designated in the summons by the apprehending officer, and a copy of the
summons shall be held for further action by the appropriate judicial officer.
c. The summons duly served, as herein provided, shall give the judicial officer jurisdiction to dispose
of the matter.
d. Upon receipt of the bail money, the apprehended person may be released, subject to his
appearance before the appropriate judicial officer as required by the summons.
12.110. JURISDICTION OF STREETS.
If any portion of a street or highway is within the boundary of the municipality, the remaining width of the
street or highway, not within the municipal boundary but touching the boundary, shall be considered to be
within the boundary of the municipality for purposes of its police jurisdiction.
(1976 SC Code §5-7-155)
12.111. OBSERVATION OF CONDITIONS.
All members of the department shall observe the condition of the streets, sidewalks and alleys of the town,
and of any obstruction, nuisance or impediments there and shall take necessary measures to remove or
abate them and to report such conditions to the Police Chief.
12.112. POLICE TO SELL RECOVERED PERSONAL PROPERTY.
a. This section shall apply to all bicycles, cameras, electronic equipment, office machines, watches,
clocks, jewelry and other items of personal property which may be recovered by the department in
connection with the performance of its duties, or turned in to the department, and shall be referred to
herein as personal property.
b. All personal property which has been lost, stolen or abandoned and which is in the possession of
the department shall be disposed of by annual public sale to the highest bidder by the Chief of Police, or
an officer appointed by him, in accordance with the terms set forth herein.
c. Such personal property which remains unclaimed by the owner, or if the owner is unknown, shall be
sold at public sale after duly posting of notice of same at Town Hall at least fifteen (15) days prior to such
sale. The notice shall contain time, place and terms of the sale and a description of the property to be sold.
d. The proceeds from the sale of unclaimed personal property shall be paid into the Equipment Fund
of the police department.
12.113. EMERGENCIES. POLICE AND OTHER POLITICAL SUBDIVISIONS.
In case of emergency, the Chief of Police may, upon request of any other political subdivision of the state,
send any law enforcement officers of the town to the requesting political subdivision.
(1976 SC Code 5-7-120)
12.114. SPECIAL POLICE FOR BUSINESS PURPOSES. COMPENSATION. REMOVAL.
a. Any individual, firm or corporation (business) needing special police protection, upon application to
the Council, and showing the necessity therefore, may have certified police officers appointed as special
police officers and detailed for special police duty.
b. Such officers shall be certified police officers subject to the order of the business appointing them.
They shall obey all police regulations of the town and shall, during such appointment, have all the powers
of regular police officers.
c. They shall receive no salary or pay whatsoever from the town, and shall not be considered a town
employee while so serving.
d. Such officers may wear their uniforms and use their weapons and like equipment while performing
private jobs in their off-duty hours, with permission from the Police Chief.
(1976 SC Code §23-24-10)
e. Such special officers may be removed at any time by the business appointing them or by the Police
Chief.
12.115. ADDITIONAL DUTIES.
In addition to the duties prescribed in this article, the department shall perform such other duties as may
be directed and required by the Council.
12.116. PROPERTY TO BE RETURNED. FAILURE TO DO SO.
a. Upon termination of services, for whatever reason, all members of the department shall return any
equipment and all official material or things belonging to the department.
b. Failure to do so shall constitute a misdemeanor, punishable by the Municipal Court.
ARTICLE II. RULES OF CONDUCT
Editors Note. This article derives from generally accepted municipal practices.
12.201. PERSONAL APPEARANCE.
All personnel on duty shall maintain an appearance of neatness, cleanliness and dignity, as may be
approved by the Chief of Police. He shall be in uniform as his duties shall dictate. He shall keep said
uniform clean, pressed and in good repair, and his equipment clean and in good working order.
12.202. DRINKING ON DUTY.
No member of the department shall partake of any alcohol or other intoxicating liquors while on duty.
12.203. CONDUCT. GENERAL DEMEANOR.
Each member of the department shall conduct himself at all times in a quiet and orderly manner.
12.204. SAME. ON DUTY.
Each officer shall, at all times while on duty, conduct himself in an orderly manner and act with prudence,
coolness and judgment, but with a deliberate determination of effecting and strictly enforcing all the laws
and ordinances of the town.
12.205. SAME. OFF DUTY.
All police personnel, while off duty, shall conduct themselves in such a manner as to command the respect
of the public. He shall wear no uniform or any part thereof while off duty, unless he obtains permission in
writing from the Police Chief previous to the wearing of it.
12.206. DISCUSSION OF DEPARTMENT PROHIBITED.
No personnel shall discuss the activities or employees of the department with the general public.
Complaints shall be made in accordance with the chain of command.
12.207. SUSPENSIONS. HEARING.
a. The Chief of Police may suspend or discharge any police officer for neglect of duty, disobedience
of orders or violation of any law or ordinance. Within twenty-four (24) hours, he shall report such
suspension or discharge and the reasons therefore to the Mayor, with appeal to the Council.
b. The Council, upon written request of the officer disciplined, shall conduct a hearing, at which the
officer shall have the right to be heard. The Council may affirm or revoke such suspension or discharge.
12.208. SAME. CHIEF OF POLICE.
The Chief of Police shall be disciplined by the Mayor, subject to appeal to the Council.
ARTICLE III. RULES OF PROCEDURE
Editors Note. This article derives from generally accepted police procedures.
12.301. SUPERVISION BY CHIEF.
The Chief of Police shall assign the members of his department in such a manner as to obtain the best
results and most efficient service. He shall initiate such programs as will provide him with information and
reports he deems necessary and shall maintain regular contact with his personnel.
12.302. REPORTS BY OFFICERS. RECORD BOOK.
a. Each member of the department shall report to his superior officer before entering upon his daily
duties for assignments and information. He shall make such other regular reports as are required by these
rules or by his superior officer.
b. A permanent record book shall be maintained by the Chief of Police or his designate. It shall show
the name, address, charges, bonds or pledges, trial and disposition of each person arrested.
12.303. DUTIES OF POLICE OFFICERS.
It shall be the duty of each police officer to arrest or give warning to person for violating the laws or
ordinances of the town. Failure or neglect to do so shall make him liable to disciplinary action.
12.304. SAME. TO PRISONER.
It shall be the duty of each police officer, when necessary, to remove from such prisoner all moneys, arms,
medicines, papers, etc, which shall be inventoried and turned over to Spartanburg Detention Center.
ARTICLE IV. INTERFERENCE
Editors Note. This article derives from the 1976 South Carolina Code of Laws and from generally accepted
police procedures.
12.401. OBEDIENCE TO OFFICERS.
No person shall willfully fail or refuse to obey or comply with any lawful order or direction of any police
officer or officer of the law while such officer is engaged in the performance of his official duties.
12.402. POSSE COMMITATUS. CITIZENS TO AID.
It shall be the duty of each and every citizen to assist municipal officers to arrest violators of the law when
requested, and it shall be unlawful for any person to fail to do so.
(1976 SC Code §5-7-30, 1976 SC Code §23-1 5-70)
12.403. ASSAULTING OFFICER.
It shall be unlawful for any person to make an assault upon a peace officer of the town, county or state in
any manner, when such peace officer is engaged in the discharge of his duty as such peace officer.
12.404. RESISTING OFFICER MAKING ARREST.
Any person or persons who shall resist, obstruct any officer in the discharge of his duty who shall aid or
abet any person or persons in resisting or obstructing any officer in the discharge of his duty, upon
conviction, shall be guilty of a misdemeanor, subject to the limitations prescribed by §14-25-65 and §16-5-
50 of the 1976 South Carolina Code of Laws.
12.405. OBSTRUCTING OFFICER.
It shall be unlawful for any person to obstruct, hinder and oppose a peace officer, or to attempt to do so,
when such peace officer is engaged in making an arrest or in the discharge of his duty.
12.406. FAILURE TO STOP ON COMMAND OF OFFICER.
It shall be unlawful for any person to willfully and knowingly fail or refuse to stop when signaled, hailed or
commanded to stop by a police officer or other peace officer.
12.407. AIDING AND ABETTING.
It shall be unlawful for any person to counsel, advise, incite, abet, procure or aid any other person in the
violation of any ordinances. Such person shall be held and deemed a principal.
(1976 SC Code §16-1-40) (Statey.Westfield, I Bait. (17 S.C.L. 132)
12.408. PRISONERS. COMMUNICATION WITH.
It shall be unlawful for any person, except authorized officials, to take anything to or in any way
communicate with any prisoner confined unless permission to do so shall have first been obtained from the
Chief of Police.
12.409. SAME. ESCAPE FROM CUSTODY UNLAWFUL.
It shall be unlawful for any person to escape from custody of a police officer or to rescue or attempt to do
so, hinder a police officer or offer to help, aid, assist, or abet, directly or indirectly, another person or
persons to escape from the custody of an officer making an arrest or an officer assisting therein.
(1976 SC Code §16-9-420)
12.410. APPROACHING WITHIN TWENTY FEET OF PERSON BEING ARRESTED.
a. a. It shall be unlawful for any person or persons willfully to approach nearer than twenty (20) feet
to any police officer who is making an arrest or attempting to do so, or while on his way to jail with his
prisoner.
b. All police officers are empowered to order all persons away from the vicinity of the site of arrest or
the jail while any person is being placed therein or being held for custody.
12.411. IMITATING SIGNAL OR CALL FOR POLICE OFFICER PROHIBITED.
Anyone imitating the signal or call for a police officer, either through mischief or otherwise, upon
conviction, shall be guilty of a misdemeanor.
ARTICLE V. VEHICLE OPERATIONS
12.501. EMERGENCY RESPONSE.
When operating department vehicles in response to a request for assistance, where timely arrival is
necessary, the officer engaged in an emergency response shall comply with the following requirements:
1. The vehicle shall not be driven at a speed greater than fifteen (15) miles per hour over the
posted speed limit. If the vehicle exceeds the posted speed limit or otherwise violates the traffic laws,
headlights, emergency flashers, blue light and siren will be utilized.
2. The officer shall notify the Dispatcher of the response.
3. The vehicle, with headlights, emergency flashers, blue tight and siren operating, shall not be driven
through a red light or stop sign unless:
(a) The officer has clear visibility of intersecting streets for at least two (2) blocks and can see
no approaching vehicle; or
(b) The officer brings the vehicle to a rolling stop; or
by slowing to not more than ten (10) miles per hour before entering a clear intersection; or
(c) The officer comes to a full stop if necessary to avoid traffic approaching on intersecting
streets.
4. The vehicle shall not be driven the wrong way on a one-way street or driven in the opposite
travel lane, except as necessary to avoid or pass other vehicles.
ARTICLE VI. PENALTIES
12.601 PENALTY.
Any violation of this chapter shall be deemed a misdemeanor, punishable by the Municipal Court with
fines according to the current schedule of fines in effect at the time of the offense and all assessments due.
(1976 SC Code §5-7-30, §14-25-65)
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