Greenville City Codes & Ordinances

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Charter and Ordinances of the City of Greenville of Force June 1st, 1898. Together with such Statute Laws as Effect Same.

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LAWS AFFECTING THE CITY OF GREENVILLE. 57

all bonds issued under the authority of the Act herein amended, be, and the same are hereby declared good and valid in all cases where the conditions prescribed in said Act as amended by this Act were complied with in the issue of said bonds.

------------------------ UNIFORM TAXATION.

AN ACT to Render Uniform the Mode of Taxation in Towns and Cities in accordance with Sec. 6, Art. VIII of the Consitution of 1895.

SEC. 1. That from and after the passage of this Act all municipal taxes levied by cities and towns in this State shall be levied on all property, real and personal, not exempt by law from taxation, situate within the limits of said cities and towns, and in accordance with Sec. 6, Art. VIII of the Constitution of 1895.

SEC. 2. That the clauses of the charters of any towns or cities restricting taxation in said towns to real estate only, are hereby repealed. (Act 1897, page 409.) ----------------------------- PAYMENT OF TAXES.

AN ACT Relating to the Collection of Taxes in Towns and Cities.

SEC. 1. Be it enacted by the General Assembly of the State of South Carolina, that from and after the approval of this Act, the towns and cities of this State are hereby authorized and empowered to collect the taxes of such towns or cities in such installments as the municipal authorities hereof may by ordinance prescribe. (Act 1898, page 725.) AN ACT in Realtion to the Enforcement of the Collection of Taxes Unpaid upon Municipal Property.

SEC. 1. Whenever any taxes, State, county, school or township, hereafter may accrue upon any land or buildings, or portions thereof, or upon any other property of any municipal corporation by reason of said land, build-

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58 LAWS AFFECTING THE CITY OF GREENVILLE.

ings or other property, or portions thereof, not having been used "exclusively for public purposes and not for revenue," and hereafter may become past due and unpaid; and it becomes necessary to collect the same by distress, then the sheriff, whether acting under an execution from the County Treasurer or from the Secretary of State as agent of the Commissioners of the Sinking Fund, shall at public sale sell not the "fee" as in other cases, but only the "use" and "occupancy" of such portions of said land, building or property of such municipal corporation as the same accrued upon, to that bidder who will for the shortest term pay the taxes, penalties, costs and charges accrued thereon; and at such sale to protect the interest of the State, if there be no cash bid equal to the taxes, penalties, costs and charges accrused thereon, then the said property, or portion thereof, offered for sale, shall be knocked down to the Sinking Fund Commission for a term not exceeding ninety-nine years; and it shall be the duty of the sheriff to make titles for the term of years required by the bid to the purchaser and put said purchaser (whether the Sinking Fund Commission or any other person) into possession in like manner as when the fee is by him sold for taxes.

SEC. 2. That the use and occupancy for building purposes at the time of levy or sale of any portion of property levied upon or sold for taxes accrued by reason of same, not having been formerly used, "exclusively for public purposes and not for revenue," shall not defeat the remedy for collecting provided in this Act.

SEC. 3. That all Acts and parts of Acts inconsistent with the provisions of this Act be, and the same are hereby repealed.

[Act 1896, page 65.]

AN ACT to Encourage Manufacturers in the City of Greenville.

Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting

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in General Assembly, and by the authority of the same, That any person or corporation hereafter investing capital in the manfacture of cotton, woolen or paper fabrics, iron from iron ores, or agricultural implements, within the limits of the city of Greenville, shall, for the period of ten years from the date of the investment, be entitled to received a sum equal to the aggregate amount of city taxes, from the treasury of the city of Greenville, which shall be levied and collected upon the property or capital employed or invested directly in such manufactures or enterprises, not including herein the tax levied upon the land upon which the factories may be erected. The sum of money so to be repaid by the city to be fixed and determined by the City Council in accordance with the tax returns, and paid by the City Treasurer under the order of the City Council. [Act 1887, page 1030] ---------------------------------- LICENSE TAXES.

AN ACT to Authorize the City Council of the City of Greenville to Impose a License Tax, etc. SEC. 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the City Council of Greenville be, and are hereby, authorized to require the payment of such sum or sums of money, not exceeding five hundred dollars per annum, for license or licenses, as in their judgement be just and wise, by any person or persons engaged, or intending to engage, in any calling, business, or profession, in whole or in part, within the limits of the City of Greenville, except those engaged in the calling or profession of ministers of the Gospel and teachers. SEC.2. The said City Council of Greenville is hereby authorized to pass such ordinances as are necessary to carry the intent and purpose of this Act into full effect. SEC. 3. That this Act shall take effect from the date of its approval. [ Act of 1888, page 180.]

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Ordinances. ANIMALS.

AN ORDINANCE Regulating the Keeping of Hogs in the City of Greenville.

Be it ordained by the Mayor and City Council of the city of Greenville and by the authority of the same :

SEC. 1. That on and after the passage of this ordinance it shall be unlawful for any person or persons, firm or corporation to keep any hog or hogs within one mile of the county court house.

SEC. 2. That this ordinance shall not apply to persons importing hogs and immediately putting them on market and peening them temporarily during sale of same.

SEC. 3. That any person, firm or corporation violating the provisions of this ordinance shall, upon conviction, be fined not more than $10 or imprisoned not more than 20 days, or either or both, at the discretion of the Mayor or acting Mayor.

Done and ratified in Council assembled this 7th day of June, 1898. ----------------------

AN ORDINANCE Preventing Cows, Horses, Mules, Sheep, Goats, Swine or cattle of any kind running at large or being staked, tied or held to graze on the streets or sidewalks of the City of Greenville, and providing impounding of the same, etc :

SEC. 1. That on and after the passage of this ordinance it shall be unlawful for any person or persons to suffer or allow any of his, her or their cows, horses, mules, sheep, goats, swine or cattle of any kind whatever to go at large, or be staked, tied or held to graze on the streets or sidewalks within the limits of the city of Greenville.

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ORDINANCES OF THE CITY OF GREENVILLE. 61

SEC. 2. That it shall be the duty of the police officers of said city, and they are hereby authorized and required to seize and secure cows, horses, mules, sheep, goats, swine and cattle of every kind that may be found running at large and to impound the same in an enclosure to be provided; and it shall be lawful for any person or persons residing in the city to seize any cows, horses, mules, sheep, goats, swine or every kind of cattle running upon their premises and deliver the same to the policemen, to be impounded as provided for in this Section.

SEC. 3. That upon the impounding of any such horse, mule, sheep, goat or swine, the Chief of Police shall immediately advertise the the same at the City Hall giving a correct description thereof; and should the owner or owers appear within four days thereafter and prove his or their right to the possession of such cow, horse, mule, sheep, goat or swine, then the said Chief of Police is authorized to deliver the same to them on the payment of one dollar and a half for each and every cow, horse and mule, one dollar for each and every swine; one dollar for each and every goat and sheep so delivered as a fine hereby imposed for each and every cow, horse, mule, sheep, goat or swine so found running at large : Provided, That in the case of any cow, horse, mule, sheep, goat or swine straying into the city from some place outside the corporate limits of the city should be taken up as aforesaid, the fine shall be only the payment of expenses.

SEC. 4. That should no owner appear within the time herein before prescribed, not appearing, shall fail or refuse to pay the fine hereby imposed, then it shall be the duty of the said Chief of Police to advertise for public sale three days such cow, horse, mule, sheep, goat or swine, for the satifaction of such fine; the excess of such sale, if any there be, after paying such fine and actual expenses incurred, to be deposited to the credit of the City Council, to be given to the owner of the property sold, upon the same being demanded within thirty days after such sale.

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62 ORDINANCES OF THE CITY OF GREENVILLE.

SEC. 5. That it shall be unlawful for any person or persons to release or take away without proper authority any such animal as is named or covered by this ordinance.

SEC. 6. That any person or persons violating any provision of this ordinance, or any one of them, shall upon conviction be fined not more than $10 or imprisoned not more than 20 days, or either or both, at the discretion of the Mayor or acting Mayor. Done and ratified in Council assembled this 7th day of June, 1898. ------------------------------------------ AN ORDINANCE CONCERNING DOGS, BE IT ORDAINED by the Mayor and City Council of the City of Greenville in Council assembled and by the authority of the same : SEC. 1. That it shall be unlawful for any dog owned by a citizen of this city or kept by any person residing in said city to run at large in the streets of said city unless such dog shall constantly wear a collar with a badge or license attached thereto, which said badge or license may be obtained from the City Clerk and Treasurer upon payment to him of one dollar and twenty-five cents, and said license or badge shall remain the property of the city and be good for one year : Provided, That at any time it shall be deemed by the Mayor unsafe to permit dogs to go at large, he shall issue a proclamation forbidding the same, and any dog found going at large after such notice, and until such proclamation is revoked, or expires by limitation, may be killed.

SEC. 2. That any dog found running at large without such collar with badge or license thereto attached, shall be impounded three days, and unless the owner shall claim said dog and pay into the city treasury of the city a fine of one dollar on the same, it shall be the duty of the police to destroy said dog.

SEC. 3. That nothing in this ordinance contained shall

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ORDINANCES OF THE CITY OF GREENVILLE. 63

be construed as applying to dogs of strangers passing through the city.

SEC. 4. That any person or persons suffering or allowing any dog owned or kept by them, to run at large contrary to this ordinance, or in any other way violate the same or any part thereof, shall, upon conviction, be fined not more than $5.00, or imprisoned not more than 20 days, at the discretion of the Mayro or acting Mayor. Done and ratified in Council assembled this 7th day of June, 1898.

------------------------------------ ASSESSMENTS.

AN ORDINANCE Providing for a Special Assessment to Pay for Street Improvements.

SEC. 1. That whenever, in the opinion of the City Council of Greenville, any street, sidewalk, avenue, alley, lane or other public ground will be improved by grading, curbing, paving, graveling, ditching, macadamizing or otherwise, the City Council may, by resolution, designate the street, avenue or alley to be improved, directing the kind of improvement to be made and the manner in which it shall be done, as provided for by an Act entitled "An Act providing for the grading and paving of streets, public ways and alleys for the city of Greenville. " Approved Dec. 22d, A. D. 1891.

SEC. 2. After the completion of such work, or any part thereof, and upon the completion of the work now in progress on Main street, or any part thereof, it shall be the duty of the City Engineer, or other person acting in that capacity, to make a plat of the said street, or portion thereof so improved, with the name of each abutting property holder, together with his frontage and assessment ; that is to say, the said City Engineer shall assess one-third of the cost of such grading, paving, macadamizing or improving said street, public way or alley upon the abutting property owners on each side of said street, public way or alley, or part thereof so improved, so that said property holders, in the aggregate, shall pay two-

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64 ORDINANCES OF THE CITY OF GREENVILLE.

thirds of said cost and the said city the remaining onethird. Said assessment to be paid by said property holders pro ratio, according to the frontage of their property on said street, public way or alley, or part thereof so improved.

SEC. 3. When the assessment roll as aforesaid is completed, the City Clerk shall give notice through the city papers at least three times that the assessment has been completed and will remain in his office one week from the date of the first publication for the inspection of all concerned, during which time any person interested may file with said Clerk in writing such objections to the said assessment as he may desire.

SEC. 4. At the expiration of the aforesaid time the Clerk shall refer to Council the assessment roll, together with any objections to same, as may have been filed with him. Council shall then review said roll, consider the objec tions, if any, make such corrections as they may deem advisable, and ratify the same. Said assessment, when ratified, shall be a lien on the property assessed from the time of said ratification.

SEC. 5. That each property owner shall pay his or her assessment as follows : One-fifth thereof within thirty days after the ratification of said assessment roll as aforesaid, and the other four-fifths in ten equal annual installments, bearing interest from date of ratification, at 6 per cent, per annum, with the right, however, to any property owner to anticipate the deferred installment and pay all cash. SEC. 6. If any property holder shall fail to pay the assessment put upon him as aforesaid, or either installment as it may become due, the amount due shall be collected as the other taxes in the same city. Ratified eleventh day of February, in the year of our Lord one thousand eight hundred and ninety-three. ---------------------------- BOND ORDINANACE. AN ORDINANACE Authorizing the Registry of the Prin

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ORDINANCES OF THE CITY OF GREENVILLE. 65 cipal of Seventy-five Thousand Dollars Sewerage Bonds Issued Under ordinance Passed 11th day of Febuary, 1892, and Ordinance Amendatory of the sam, Paaed 30th day of Arpil. 1892. SEC. 1. That the City Treasurer be required to keep a book called the "Bond Register." wherein shall be recorded the numbres, dates and amounts of the $75,000 sewerage bonds, issued under ordinance passed the 11th day of February 1892, and ordinance amendatory of same, passed 30th day of April. 1892. SEC. 2. That whenever one or more bonds of said issue shall be presented to the Treasurer with the requrest that he register the principal of the same in the name of any person or persons, if said bond or bonds are at the time payable to the bearer or accompanied by a duly executed power of attorney, from its or their registered holder if registered, an endorsement shall be made on the back of said bond or bonds, which shall give simply the date of registry, name of the party or parties in whose name they are to be registered, and said endorsement shall be certified to by the Treasurer of the city. Thereafter the principal of said bond or bonds shall not pass by delivery, but shall be paybale only to the party of parties in whose name it or they may be registered, or to the party or parties to whom it may subsequently be transferred by asssignment on the books of the city by the registered holder or his duly authroized attorney under seal. But said bond or bonds may again be made payable be bearer when so transferred on books of city by registered holder or his attorney. SEC. 3. That to facilitate the registry of these bonds as above, the City Treasurer shall provide a rubber stamp, made to fit the back of the bonds, with suitable columns and lines, the heading of the first column bearing "Date of Registry," heading of second column "In Whose Name Registered," and heading of third column being "Transfer Agent." Under these respective columns shall be filled in when the bonds are presented for registry, the

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66 ORDINANCES OF THE CITY OF GREENVILLE

date on which the same shall be so registered, the name of the person or persons in whose name it is intended the principal of the bonds shall stand, and the name of the City Treasurer, whose signature shall appear in the third column under the head of "Transfer Agent," to certify to the registration of the bonds as herein set forth. Another rubber stamp shall be provided containing in suitable letters the words, "Or if registered, to the party whose name is last registered on the back hereof," which stamp shall be upon the face of the bonds when presented for registry just after the words "or bearer," so as to make the bond read thus: "Know all men by these presents, that the city of Greenville hereby acknowledges itself indebted, and promises to pay to the bearer hereof, orif registered, to the party whose name is last registered on the back hereof, in current money of the Unied States, etc."

SEC. 4. That the registry of the principal of said bonds as above shall in no wise effect the payment to bearer, as at present, of the coupons from said bonds as they become due. Ratified the 4th day of October, 1892. -------------------

AN ORDINANCE to Provide for the Issue and Sale of Bonds for Paving the Streets of the City of Greenville. SEC. 1. That under the provisions of Section 31 of the Charter of the city, and of an Actof the General Assembly of this State, entitled "an Act to provide for the grading and paving of streets. public ways and alleys of the city of Greenville." approved December 22nd, 1891, the Mayor be, and he is hereby empowered to issue interest bearing coupon bonds of said city to the amount of Fifteen Thousand Dollars, to be known and designated as "Paving Bonds."

SEC. 2. Such bonds shall be of such donominations as the Mayor and Finance Committee shall determine; shall bear date the 1st day of March, 1893; shall run twenty

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