§ 20-30. County commissioned officers.

(a)

Except as provided in this article, the county council may appoint and commission by resolution, as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. Such officers shall be vested with all the powers and duties inherent in the general police power of the county pursuant to S.C. Code 1976, § 4-9-25, as well as that conferred by law upon constables in addition to duties imposed upon them by the county council. However, no code enforcement officer commissioned under this article may exercise the power of custodial 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, unless the officer has been certified as a law enforcement officer with the power of custodial arrest under South Carolina law. In the absence of an arrest for a violation of the litter control laws and ordinances, a code enforcement officer authorized to exercise the power of arrest pursuant to this article may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.

(b)

The number of code enforcement officers vested with custodial arrest authority who are appointed and commissioned in accordance with this article must not exceed the greater of:

(1)

The number of officers appointed and commissioned by the county on July 1, 2001; or

(2)

One officer for every 25,000 persons in the county, based upon the 2000 census.

(c)

Code enforcement officers may exercise their powers on all private and public property located within the county.

(Ord. No. 2014-20, § 5(Exh. B), 10-7-2014)