Could South Carolina police cite a careless-driving ordinance violation on a municipal ordinance summons?

Plain-English summary

In 2003, South Carolina's Attorney General said a police officer had to use a uniform traffic ticket to cite a violation of a municipal ordinance regulating motor vehicles on public roads. A municipal ordinance summons was unavailable for the careless or negligent driving ordinance described by the police chief.

The distinction came from Section 56-7-80's express exclusion of motor-vehicle ordinances from the ordinance-summons process, together with Section 56-7-10's uniform traffic-ticket requirement.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Police officers and municipal officials

The office distinguished ordinary municipal ordinance violations from ordinances concerning traffic or motor-vehicle offenses. It concluded that the latter, including careless operation of a vehicle, were to be cited using a uniform traffic ticket.

Drivers

For the public-road motor-vehicle ordinance in the request, the opinion said an ordinance summons was the wrong citation form. It did not address the merits of any particular driving charge.

Common questions

Could a city use its ordinance summons for careless driving?
The AG said no when the ordinance regulated motor vehicles on public roads; the officer had to use a uniform traffic ticket.

Were municipal ordinance summonses unavailable for every city ordinance?
No. The opinion described them as authorized for municipal ordinance enforcement generally, subject to the motor-vehicle exclusion.

Could an ordinance summons be used to make a custodial arrest?
No. The statutory passage quoted in the opinion expressly prohibited that use.

Background and statutory framework

The Fort Lawn police chief asked which citation form applied to municipal careless or negligent driving ordinances. The AG read Section 56-7-80's prohibition on enforcing public-road motor-vehicle ordinances with ordinance summonses alongside Section 56-7-10's uniform traffic-ticket rule.

Citations and references

The opinion discussed Section 56-7-80 and Section 56-7-10.

Official title

Asking whether violations of municipal ordinances regarding careless or negligent operation of a motor vehicle can be cited on a municipal ordinance summons ticket.

Requester

Richard L. Smith, Chief of Police, Fort Lawn Police Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-15-2003-4/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03oct-15-Smith.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsn:R
ATIDRNEY GENERAL

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October 15, 2003

Richard L. Smith, Chief of Police
Fort Lawn Police Department
P. 0. Box 37
Fort Lawn, South Carolina 29714

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Dear Chief Smith:
You have questioned what type offenses can be cited on a municipal ordinance ticket. In our telephone conversation you particularly asked whether violations of municipal ordinances regarding careless or negligent operation of a motor vehicle can be cited on such a summons ticket. Municipal ordinance summons are authorized pursuant to S. C. Code Ann. Section 56-7-80 (Supp. 2002) which states: Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons ... The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulate the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons. (Emphasis added). S.C. Code Ann. Section 56-7-10 (Supp. 2002) states that "(t)here will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses .... " Consistent with the above, a municipal ordinance summons may be used to cite for violations of municipal ordinances. However, as to any municipal ordinance pertaining to traffic or motor vehicle offenses, such as careless operation of a vehicle, such must be cited using a uniform traffic ticket. A municipal ordinance summons would not be used in such circumstances. Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General

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POST OFFICE Box 11549

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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283