§ 56-7-10 — Use of uniform traffic ticket; vesting of jurisdiction; forms; utilization of electronic devices.

South Carolina § 56-7-10

• Jurisdiction: South Carolina
• Title 56: MOTOR VEHICLES
• Ch. 7: TRAFFIC TICKETS

Text

(A) There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses: (1) Interfering with Police Officer Serving Process Section 16-5-50; (2) Dumping Trash on Highway/Private Property Section 16-11-700; (3) Indecent Exposure Section 16-15-130; (4) Disorderly Conduct Section 16-17-530; (5) Damaging Highway Section 57-7-10; (6) Place Glass, Nails, etc. on Highway Section 57-7-20; (7) Obstruction of Highway by Railroad Cars, etc. Section 57-7-240; (8) Signs Permitted on Interstate Section 57-25-140; (9) Brown Bagging Section 61-5-20; (10) Drinking Liquors in Public Conveyance Section 61-13-360; (11) Poles Dragging on Highway Section 57-7-80; (12) Open Container Section 61-9-87; (13) Purchase or Possession of Beer or Wine by a Person Under Age Section 63-19-2440; (14) Purchase or Possession of Alcoholic Liquor by a Person Under Age Twenty-One Section 63-19-2450; (15) Unlawful Possession and Consumption of Alcoholic Liquors Section 61-5-30; (16) Sale of Beer or Wine on Which Tax Has Not Been Paid Section 61-9-20; (17) Falsification of Age to Purchase Beer or Wine Section 61-9-50; (18) Unlawful Purchase of Beer or Wine for a Person Who Cannot Legally Buy Section 61-9-60; (19) Unlawful Sale or Purchase of Beer or Wine, Giving False Information as to Age, Buying Beer or Wine Unlawfully for Another Section 61-9-85; (20) Employment of a Person Under the Age of Twenty-One as an Employee in Retail or Wholesale or Manufacturing Liquor Business Section 61-13-340; (21) Failure to Remove Doors from Abandoned Refrigerators Section 16-3-1010; (22) Malicious Injury to Animals or Personal Property Section 16-11-510; (23) Timber, Logs, or Lumber Cutting, Removing, Transporting Without Permission, Valued at Less Than Fifty Dollars Section 16-11-580; (24) Littering Section 16-11-700; (25) Larceny of a Bicycle Valued at Less Than One Hundred Dollars Section 16-13-80; (26) Shoplifting Section 16-13-110; (27) Cock Fighting Section 16-17-650; (28) Ticket Scalping Section 16-17-710; (29) Domestic Violence, second and third degree Section 16-25-20; (30) Glue Sniffing Section 44-53-1110; (31) Trespassing Section 16-11-755; (32) Trespassing Section 16-11-600; (33) Trespassing Section 16-11-610; (34) Trespassing Section 16-11-620; (35) Negligent Operation of Watercraft; Operation of Watercraft While Under Influence of Alcohol or Drugs Section 50-21-110; (36) Negligence of Boat Livery to Provide Proper Equipment and Registration Section 50-21-120; (37) Interference with Aids to Navigation or Regulatory Markers or Operation of Watercraft in Prohibited Area Section 50-21-170; (38) Operation of Watercraft Without a Certificate of Title Section 50-23-190; (39) Parking on Private Property without Permission Section 16-11-760; (40) Certificate of Veterinary Inspection; Requirement for Out-of-State Livestock or Poultry Section 47-4-60; (41) Inhibition of Livestock Inspection Section 47-4-120; (42) Imported Swine Section 47-6-50; (43) Operating Equine Sales Facility or Livestock Market Without Permit Section 47-11-20; (44) Liability of Person Removing Livestock for Slaughter Section 47-11-120; (45) Notice to Disinfect Section 47-13-310; (46) Quarantine of Livestock or Poultry Section 47-4-70; (47) Unlawful for Horse to Enter State Unless Tested Section 47-13-1350; (48) Quarantine of Exposed Horses Section 47-13-1360; (49) Proof of Test Required for Public Assembly of Horses Section 47-13-1370; (50) False Certificates Section 47-13-1390; (51) Unlawful to Feed Garbage to Swine Section 47-15-20; (52) Notification Required from Certain Persons Disposing of Garbage Section 47-15-40; (53) Sale of Uninspected Meat and Meat Products Section 47-17-60; (54) Sale of Uninspected Poultry and Poultry Product Section 47-19-70; (55) Misrepresenting Service Animals Section 47-3-980. (B) In addition to the offenses contained in subsection (A), a uniform traffic ticket may be used in an arrest for a misdemeanor offense within the jurisdiction of magistrates court that has been freshly committed or is committed in the presence of a law enforcement officer. (C) No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety.

Legislative History

HISTORY: 1962 Code SECTION 46-871; 1967 (55) 203; 1971 (57) 474; 1980 Act No. 353, SECTION 1; 1984 Act No. 467; 1985 Act No. 158, SECTION 1; 1987 Act No. 185 SECTION 2; 1993 Act No. 181, SECTION 1468; 1996 Act No; 459, SECTION 214; 2003 Act No. 54, SECTION 2; 2005 Act No. 68, SECTION 1, eff May 23, 2005; 2013 Act No. 78, SECTION 1, eff June 13, 2013; 2015 Act No. 58 (S.3), Pt II, SECTION 8, eff June 4, 2015; 2019 Act No. 44 (S.281), SECTION 2, eff May 16, 2019. Editor's Note 2019 Act No. 44, preamble, provides as follows: "Whereas, service animals that are properly trained to assist persons with disabilities play a vital role in establishing independence for such persons; and "Whereas, the term "service animal" has a distinct meaning in the law. A service animal means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person. Under the law, the provision of emotional support, well-being, comfort, or companionship does not constitute the work or tasks of a service animal; and "Whereas, no vest, other marking, or documentation is required for an animal to qualify as a service animal, nor are such vests, markings, or documentation a reliable indication of whether an animal is, by law, a service animal. People sometimes erroneously think that a therapy animal, an emotional support animal, or any animal wearing a vest or having any other type of marking is a service animal as defined by law; and "Whereas, there is an increasing number of occurrences in which people exploit the confusion related to service animals and attempt to bring an animal into a place that it would otherwise not be allowed to enter by passing off the pet, therapy animal, or emotional support animal as a service animal, either by oral misrepresentation, placement of a vest or other marking on the animal, or presentation of a "certificate", despite knowing that it is not a service animal; and "Whereas, some companies mislead individuals into believing that they will be entitled to the rights or privileges for individuals with disabilities with service animals if they buy the company's vests or obtain some type of certificate. These misrepresentations, in some cases, are unlawful deceptive trade practices and compound the confusion around service animals; and "Whereas, commendably, federal and state laws require places of public accommodation, including airports, restaurants, theaters, stores, hospitals, and more, to allow any animal that is presented as a service animal into the place of public accommodation. These same places of public accommodation face a dilemma if someone enters the premises and intentionally misrepresents his animal as a service animal; and "Whereas, when people try to falsely represent a nonservice animal as a service animal, business owners and other places of public accommodation become increasingly distrustful that the animals being represented to them as service animals are, in fact, service animals. Misrepresentation of service animals delegitimizes the program and makes it harder for persons with disabilities to gain unquestioned acceptance of their legitimate, properly trained, and essential service animals. Now, therefore, [Text of Act]." Effect of Amendment 2019 Act No. 44, SECTION 2, in (A), inserted the (1) to (54) identifiers and removed the column formatting, and added (55), relating to misrepresenting service animals.