Notice: Town Council Meeting · Citizens wishing to speak/present at the public hearing must sign in on the speakers’ log prior to the beginning of the meeting. A public hearing

Notice: Town Council Meeting

Monday April 6, 2020 7:00PM

Meeting Location: Van Wyck Community Center 5036 Old Hickory Road, Van Wyck, South Carolina

803-712-4993 www.townofvanwyck.net

MEETING AGENDA I. Call to Order II. Pledge of Allegiance and Invocation III. Roll Call IV. Public Session- Receive citizen comments V. Approval of Agenda VI. Approval of Minutes from March 2, 2020 meeting VII. Finance report/Committee reports VIII. Policy/Action Agenda

a. PUBLIC HEARING: Conditional Use Permit Application CU-020-0216. Resolution 2020-04: A RESOLUTION TO APPROVE THE CONDITIONAL USE APPLICATION OF INDIANLAND IMPORTS FOR A MINOR AUTOMOTIVE REPSIR BUSINESS TO BE LOCATED ON TM#0025-00-066.00, 0025-00-066.01, AND 0025-00-066.02.

b. Ordinance 2020-02: Second Reading. AN ORDINANCE TO AMEND SECTION 2.08.010, RELATING TO QUALIFICATIONS OF THE GOVERNING BODY; SECTION 2.16.060, RELATING TO THE ADDITION OF ITEMS TO THE AGENDA; SECTION 2.16.090, RELATING TO THE FORM OF PROPOSED ORDINANCES; SECTION 4.04.110, RELATING TO SOLE SOURCE PURCHASING; SECTION 8.04.040, RELATING TO LITTER AND CLEANLINESS SO AS TO ADD PENALTIES FOR VIOLATIONS OF THIS SECTION; AND SECTION 8.04.050, RELATING TO WASTE RECEPTACLES AT A PLACE OF BUSINESS SO AS TO ADD PENALTIES FOR VIOLATIONS OF THIS SECTION.

c. Ordinance 2020-04. First Reading. AN ORDINANCE ADDING TO TITLE 8, PUBLIC HEALTH AND SAFETY, CHAPTER 12, OF THE VAN WYCK CODE OF ORDINANCES SO AS TO REGULATE SMOKING AND OTHER RELATED ACTIVITIES WITHIN PLACES OF EMPLOYMENT AND IN PUBLIC PLACES.

IX. New Business and set dates for council work session X. Adjournment

● Citizens wishing to speak/present at the public hearing must sign in on the speakers’ log prior to the beginning of the meeting.

● A public hearing is understood to be a forum for people interested in the subject matter to present information to the town council for its consideration as it deliberates an issue. It is not a forum for debate or argument between members of council and/or opponents or proponents.

● Each speaker is limited to five (5) minutes. Town council may authorize one extension of three (3) additional minutes.

● In addition to verbal presentation, written materials may be submitted to the town council for its consideration for up to two days following the day of the hearing. Please see town clerk for details at the conclusion of the meeting.

Lancaster County Planning Department 101 N. Main St., Ste. 108 PO Box 1809 Lancaster, SC 29721-1809

Telephone (803) 285-6005

Proud to serve the citizens of Lancaster County,

And the Towns of Heath Springs, Kershaw, & Van Wyck

NOTICE OF CONDITIONAL USE REQUEST AND PUBLIC HEARING

Meeting Date: Monday, April 6, 2020

TO: Property owners adjacent to the properties located at 1752 and 1757 Steel Hill Road, at the

intersection of Van Wyck Road and Steel Hill Road (TMs# 0025-00-066.00, 0025-00-066.01 & 0025-00-066.02)

FROM: Lancaster County Planning Department SUBJECT: Public hearing on conditional use application CU-020-0216 TIME: 7:00 P.M. PLACE: Van Wyck Community Center

5036 Old Hickory Road, Van Wyck, SC DATE MAILED: March 20, 2020 This letter serves as official notification that property owned by you is adjacent to property that is the subject of a conditional use application. At the above referenced meeting, the Van Wyck Town Council will hold a public hearing on the conditional use application by Indianland Imports. The subject properties (shown on included map) are located at 1752 and 1757 Steel Hill Road at the intersection of Van Wyck Road and Steel Hill Road and are currently vacant (TMS# 0025-00-066.00, 0025-00-066.01 & 0025-00-066.02). The applicant has requested a conditional use application to permit a minor auto repair business. In accordance with Chapter 9 of the Lancaster County Unified Development Ordinance, the Planning Commission shall review all conditional use permit requests. A public hearing regarding this matter will be held Monday, April 6, 2020 at 7:00 P.M. at the Van Wyck Community Center located at 5036 Old Hickory Road, Van Wyck, SC. The Van Wyck Town Council will accept public input either for or against the conditional use permit application at that time. If you cannot attend the hearing in person, you may submit a written, signed statement expressing your position to the Lancaster County Planning Department and it will be submitted to the Council at the hearing. Copies of all forms and maps pertaining to this application are available at the Lancaster County Planning Department. If you have any questions or concerns, either call the Planning Department at (803) 285-6005, write to the Planning Department at P.O. Box 1809, Lancaster, SC 29721, or email at [email protected]. Thank you.

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So urce: Esri, Digita lGlo be, Geo Eye, Ea rthsta r Geo gra p hics, CNES/Airbus DS,USDA, USGS, Aero GRID, IGN, a nd the GIS User Co m m unity:

The Co unty o f La nca ster p ro vides this da ta fo r reference o nly. All da ta m ust be field verified befo re the info rm a tio n is used fo r design/p ro ject w o rk. The Co unty o f La nca ster is no t resp o nsible o r lia ble fo r a ny ina ccura cies. Any design using this da ta is a t users’ so le risk. Also no te tha t info rm a tio n is subject to cha nge a t a ny tim e.

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Case Number: CU-020-0216Proposal: Conditional Use for Minor Auto RepairParcel Description: 0025-00-066.00, 0025-00-066.01 & 0025-00-066.02Applicant: Indianland Imports

Page 1

TOWN OF VAN WYCKORDINANCE 2020-04

AN ORDINANCE ADDING TO TITLE 8, PUBLIC HEALTH AND SAFETY,CHAPTER 12, OF THE VAN WYCK CODE OF ORDINANCES SO AS TO

REGULATE SMOKING AND OTHER RELATED ACTIVITIES WITHIN PLACESOF EMPLOYMENT AND IN PUBLIC PLACES

WHEREAS, pursuant to S.C. Code Ann. § 5-7-30, each municipality of the State, inaddition to the powers conferred to its specific form of government, may enact regulations,resolutions, and ordinances, not inconsistent with the Constitution and general law of this State;and

WHEREAS, the Town of Van Wyck has determined certain key findings relating tosecondhand smoke and nicotine vapor as recited in the first section of this enacting ordinanceand all such findings are hereby incorporated herein; and

WHEREAS, in light of these findings, the Town declares that it is vital and necessaryand in the best interest of the people of this Town to enact this ordinance to protect nonsmokersfrom involuntary secondhand smoke and nicotine vapors through regulation

NOW THEREFORE, be it ordained by the Council of Town of Van Wyck, in the Stateof South Carolina, as follows:

SECTION 1: ADOPTION “8.12 Smoking In Public Places And Places OfEmployment” of the Van Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12 Smoking In Public Places And Places Of Employment(Added)

SECTION 2: ADOPTION “8.12.010 Findings And Determinations” of theVan Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.010 Findings And Determinations(Added)

A. Findings . As an incident to the adoption of the ordinance from which this Chapterderives, the town council ("council") of the Town of Van Wyck ("town") hereby findsand determines:

1. The town is an incorporated municipality and possesses all powers granted tomunicipalities by the constitution and the laws of the state, including the powersenumerated in S.C. Code § 5-7-30 relating to protecting the health, peace, andorder of the town.

2. Numerous studies have found that tobacco smoke is a major contributor toindoor air pollution, and that breathing secondhand smoke (also known as

environmental tobacco smoke) is a cause of disease in healthy nonsmokers,

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environmental tobacco smoke) is a cause of disease in healthy nonsmokers,including heart disease, stroke, respiratory disease, and lung cancer. TheNational Cancer Institute has determined that secondhand smoke is responsiblefor the early deaths of up to 65,000 Americans annually. The Surgeon Generalhas declared that:

a. Secondhand smoke causes disease and premature death in nonsmokersexposed to smoke;

b. Children exposed to secondhand smoke have an increased risk forsudden death syndrome, acute respiratory infections, ear problems andmore severe asthma;

c. Adults exposed to secondary smoke have a higher risk of coronaryheart disease and lung cancer; and

d. Separating smoking and nonsmoking sections of indoor areas does notsufficiently remove the threats of secondhand smoke in enclosed areas.

3. Electronic smoking devices ("ESD"), commonly referred to as electroniccigarettes, or “e-cigarettes,” closely resemble and purposefully mimic the act ofsmoking by having users inhale vaporized liquid that typically contains nicotine,heated through an electronic ignition system. ESD emissions are made up of ahigh concentration of ultrafine particles, and the particle concentration is higherthan in conventional tobacco cigarette smoke. The January 2018 NationalAcademies of Sciences, Engineering, and Medicine publication states that thereis conclusive evidence that in addition to nicotine, most ESDs contain and emitnumerous potentially toxic substances and increase airborne concentrations ofparticulate matter and nicotine in indoor environment. ESD exposure damageslung tissues. Human lung cells that are exposed to ESD aerosol and flavoringsshow increased oxidative stress and inflammatory responses.

4. Smoke-filled workplaces result in higher worker absenteeism due to respiratorydisease, lower productivity, higher cleaning and maintenance costs, increasedhealth insurance rates and increased liability claims for diseases related toexposure to secondhand smoke.

5. The presence of secondhand smoke in enclosed spaces or in outside areaswhere there is a public gathering with people being in close proximity in placesopen to the public inevitably results in persons who do not smoke being forcedto bear unwarranted health risks and sustaining inappropriate deprivation ofpeaceful enjoyment of the premises to which they have been invited orpermitted to enter, even when steps have been taken to separate "smoking" and"nonsmoking" areas within the confined space.

6. The South Carolina General Assembly, in S.C. Code § 44-95-10 et seq. (the"Clean Indoor Air Act of 1990"), imposed certain limitations on smoking. TheCouncil has now determined that additional regulation of smoking in areasbeyond those addressed in the Clean Indoor Air Act of 1990 is appropriate infurtherance of its duty to protect the health of its citizens and employees in theworkplace and public places and therefore enacts this Chapter.

B. Intent. Council finds that it is in the best interest of the people of this town to protectnonsmokers from involuntary exposure to secondhand smoke and nicotine vapors in theworkplace and public places. Therefore, council declares that the purpose of thisordinance is to preserve and improve the health, comfort, and environment of this townby limiting exposure to secondhand smoke in the workplace and public places; toguarantee the right of nonsmokers to breathe smoke and vapor free air; and to recognizethat the need to breathe smoke and vapor free air shall have priority over the desire tosmoke.

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smoke.

SECTION 3: ADOPTION “8.12.015 Definitions” of the Van Wyck MunicipalCode is hereby added as follows:

A D O P T I O N

8.12.015 Definitions(Added)

The following words, terms and phrases, as used in this Chapter, shall have the meaningsascribed to them in this Section, except where the context clearly indicates a different meaning:

A. Bar means an establishment that is devoted to the serving of alcoholic beverages forconsumption by guests on the premises and in which the serving of food is incidental tothe consumption of those beverages, including, but not limited to, taverns, nightclubs,cocktail lounges and cabarets.

B. Business means a sole proprietorship, partnership, joint venture, corporation or otherbusiness entity, either for-profit or not-for-profit, including, but not limited to, retailestablishments where goods or services are offered for sale; professional corporationsand other entities where legal, medical, dental, engineering, architectural or otherprofessional services are delivered; and private clubs.

C. Electronic Smoking Device means any product containing or delivering nicotine or anyother substance intended for human consumption that can be used by a person in anymanner for the purpose of inhaling vapor or aerosol from the product. The term includesany such device, whether manufactured, distributed, marketed, or sold as an e-cigarette,e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

D. Cigar bar means an establishment that offers a meaningful selection of fine cigars andfine tobacco for pipes, including hookahs, for smoking on the premises as well as retailpurposes and which is licensed for the on-premises sale of beer, wine or alcoholicbeverages, or some combination of those, as well as some food service. The term "cigarbar" does not include any establishment which is primarily a bar or restaurant and whichundertakes to make retail offerings of tobacco products as a means of circumventing thepurposes of this article. No bar can be considered a cigar bar, unless at least 30 percentof its gross revenue can be demonstrated to come from the sale of cigars, pipe tobaccoand related products.

E. Employee means a person who is employed by an employer in consideration for director indirect monetary wages, commission, goods or services in kind or likecompensation, and it shall also mean a person who volunteers his services for anonprofit entity.

F. Employer means a person, business, partnership, association, corporation, including amunicipal corporation, trust or nonprofit entity that employs the services of one or moreindividual persons.

G. Enclosed area means all space between a floor and ceiling that is enclosed on all sidesby walls or windows (exclusive of doorways), which extend from the floor to the

ceiling, including stationary structures and mobile public conveyances; parking

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ceiling, including stationary structures and mobile public conveyances; parkingstructures and other facilities having only partial exterior walls, but otherwise enclosedby ceilings and floors, shall also be included in this definition. The term "enclosed area"shall also include any deck, patio or porch or like improvement, whether with a ceilingor not and whether separated by rail, rope, planters of other temporary or permanentbarriers, which may be contiguous to or in close proximity to a location otherwisequalifying as an enclosed area when containing furnishings, fixtures, equipment orsignage for the sale, service or consumption of food, beverages, consumer products orpersonal services.

H. Health care facility means an office or institution providing care or treatment of personshaving diseases, whether physical, mental or emotional, or other medical, physiologicalor psychological conditions, including, but not limited to, hospitals, rehabilitationhospitals or other clinics, including weight control clinics, nursing homes (except asotherwise permitted herein), homes for the aging or chronically ill, laboratories andoffices of surgeons, chiropractors, physical therapists, physicians, dentists and allspecialists within these professions. The term "health care facility" includes all waitingrooms, hallways, private rooms, semiprivate rooms and wards within health carefacilities.

I. Place of employment means an area under the control of a public or private employerthat employees normally frequent during the course of employment, including, but notlimited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms,classrooms, employee cafeterias, hallways and vehicles. A bona fide home office, studioor workshop in a private residence is not a place of employment for purposes of thisarticle, unless it is used as a child care, adult day care or health care facility. Nor is aprivate passenger motor vehicle a place of employment when used in the performanceof employment responsibilities, provided it is not being used as a public conveyance.

J. Private club means the location where a voluntary association of two or more peopleperiodically or occasionally meets or gathers, usually for social, recreational or businessrelated purposes, but for any other purpose as well or for no purpose at all. The term"private club" includes incorporated and unincorporated members' clubs composed of aboard which manages members' dues and contributions. The term "private club" alsoincludes proprietary clubs, both incorporated and unincorporated, run for profit-makingpurposes. For purposes of this article, there is no necessity that the club be incorporatedor be selective in membership.

K. Public place means an area to which the public is invited or to which the public ispermitted to have access, including, but not limited to, banks, bars, educational facilities,health care facilities, hotel and motel lobbies, laundromats, public transportationfacilities, reception areas, restaurants, retail food production and marketingestablishments, private clubs, hair salons, massage therapy studios, retail serviceestablishments, retail stores, shopping malls, theaters, waiting rooms, sports arena,stadiums and ball parks. A private residence is not a public place, unless it is used as achild care, adult day care or health care facility.

L. Restaurant means an eating establishment, including, but not limited to, full servicedining establishments, coffee shops, cafeterias, sandwich stands, soup and salad venues,ice cream parlors and private and public school cafeterias, which gives or offers for salefood to the public, guests or employees while on premises of the establishment or forcarry out, as well as kitchens and catering facilities in which food is prepared on thepremises for delivery or serving elsewhere. The term "restaurant" shall include a bararea within the restaurant and shall also include the area of any patio, porch, deck orother open air space attached to, adjacent to or in close proximity to the primarystructure and on which food or beverages, together or separately, are served or allowed

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structure and on which food or beverages, together or separately, are served or allowedto be carried.

M. Retail tobacco store means a retail store utilized primarily for the sale of tobaccoproducts and accessories and in which the sale of other products is merely incidental.

N. Service line means an indoor line in which one or more persons are waiting for orreceiving service of any kind, whether or not the service involves the exchange ofmoney.

O. Shopping mall means an enclosed public plaza, promenade, walkway or hall area thatserves to connect retail or professional establishments.

P. Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipeor other lighted tobacco product in any manner or in any form.

Q. Sports activity venue means sports pavilions, stadiums, gymnasiums, health spas, boxingarenas, swimming pools, roller and ice rinks, bowling alleys, ball fields, tennis courts,bleachers at any location and other similar places where members of the general publicassemble to engage in physical exercise, participate in athletic competition or witnesssports or other events.

SECTION 4: ADOPTION “8.12.020 Application To Town-Owned FacilitiesAnd Vehicles” of the Van Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.020 Application To Town-Owned Facilities And Vehicles(Added)

All enclosed facilities, buildings and vehicles owned, leased or operated by the town shall besubject to the provisions of this article, without regard to location, time of day or character ofuse.

SECTION 5: ADOPTION “8.12.25 Prohibition Of Smoking In EnclosedPublic Places” of the Van Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.025 Prohibition Of Smoking In Enclosed Public Places(Added)

Smoking shall be prohibited in all enclosed public places within the town, including but notlimited to, the following places:

A. Galleries, libraries and museums.B. Areas available to and customarily used by the general public in businesses and

nonprofit entities patronized by the public, including, but not limited to, professionaloffices, banks, laundromats, hotels and motels.

C. Bars.D. Bingo facilities.

E.

Convention facilities, conference centers and exhibition halls.

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structure and on which food or beverages, together or separately, are served or allowedto be carried.

M. Retail tobacco store means a retail store utilized primarily for the sale of tobaccoproducts and accessories and in which the sale of other products is merely incidental.

N. Service line means an indoor line in which one or more persons are waiting for orreceiving service of any kind, whether or not the service involves the exchange ofmoney.

O. Shopping mall means an enclosed public plaza, promenade, walkway or hall area thatserves to connect retail or professional establishments.

P. Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipeor other lighted tobacco product in any manner or in any form.

Q. Sports activity venue means sports pavilions, stadiums, gymnasiums, health spas, boxingarenas, swimming pools, roller and ice rinks, bowling alleys, ball fields, tennis courts,bleachers at any location and other similar places where members of the general publicassemble to engage in physical exercise, participate in athletic competition or witnesssports or other events.

SECTION 4: ADOPTION “8.12.020 Application To Town-Owned FacilitiesAnd Vehicles” of the Van Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.020 Application To Town-Owned Facilities And Vehicles(Added)

All enclosed facilities, buildings and vehicles owned, leased or operated by the town shall besubject to the provisions of this article, without regard to location, time of day or character ofuse.

SECTION 5: ADOPTION “8.12.25 Prohibition Of Smoking In EnclosedPublic Places” of the Van Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.025 Prohibition Of Smoking In Enclosed Public Places(Added)

Smoking shall be prohibited in all enclosed public places within the town, including but notlimited to, the following places:

A. Galleries, libraries and museums.B. Areas available to and customarily used by the general public in businesses and

nonprofit entities patronized by the public, including, but not limited to, professionaloffices, banks, laundromats, hotels and motels.

C. Bars.D. Bingo facilities.

E.

Convention facilities, conference centers and exhibition halls.

E.

F. Educational facilities, both public and private.G. Elevators.H. Health care facilities.I. Hotel and motel lobbies.J. Licensed childcare and adult day care facilities.

K. Lobbies, hallways and other common areas in apartment buildings, condominiums,trailer parks, retirement facilities, nursing homes and other multiple-unit residentialfacilities.

L. Private clubs, but excluding those which regularly and most commonly are situated inprivate homes in areas where such residential uses are lawfully permitted, such as bookclubs, knitting clubs, garden clubs and bridge clubs, so long as they are in suchresidential locations.

M. Public transportation facilities, including buses and taxicabs, and ticket, boarding andwaiting areas of public transit depots stations and terminals.

N. Restaurants.O. Restrooms, lobbies, reception areas, hallways and other common-use areas.P. Retail stores.Q. Rooms, chambers, places of meeting or public assembly, including school buildings.R. Service lines.S. Shopping malls.T. Sports arenas.U. Theaters, performance halls, lecture halls and similar facilities, inclusive of lobbies,

audience seating areas, dressing rooms, projections booths, back stage areas, and thestage, but excluding smoking on stage when it is an integral part of a theatricalperformances.

SECTION 6: ADOPTION “8.12.030 Where Smoking Not Regulated” of theVan Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.030 Exemptions; Where Smoking Not Regulated(Added)

Notwithstanding any other provisions of this Chapter to the contrary, smoking may be permittedin the following places or under the following circumstances:

A. Private residences, unless used as a childcare, adult day care, or health care facility;B. Retail tobacco stores as defined herein;C. Religious ceremonies where smoking is part of the ritual;D. Medical research facilities;E. Smoking by performers during a theatrical event which requires smoking in the context

of the performance;F. Hotel and motel rooms and other temporary lodging that are rented to guests and are

designated as smoking rooms;G. Private and semiprivate rooms in nursing homes and long-term care facilities that are

occupied by one or more persons, all of whom are smokers and have requested, in

writing, to be placed in a room where smoking is permitted; provided that smoke from

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E.

F. Educational facilities, both public and private.G. Elevators.H. Health care facilities.I. Hotel and motel lobbies.J. Licensed childcare and adult day care facilities.

K. Lobbies, hallways and other common areas in apartment buildings, condominiums,trailer parks, retirement facilities, nursing homes and other multiple-unit residentialfacilities.

L. Private clubs, but excluding those which regularly and most commonly are situated inprivate homes in areas where such residential uses are lawfully permitted, such as bookclubs, knitting clubs, garden clubs and bridge clubs, so long as they are in suchresidential locations.

M. Public transportation facilities, including buses and taxicabs, and ticket, boarding andwaiting areas of public transit depots stations and terminals.

N. Restaurants.O. Restrooms, lobbies, reception areas, hallways and other common-use areas.P. Retail stores.Q. Rooms, chambers, places of meeting or public assembly, including school buildings.R. Service lines.S. Shopping malls.T. Sports arenas.U. Theaters, performance halls, lecture halls and similar facilities, inclusive of lobbies,

audience seating areas, dressing rooms, projections booths, back stage areas, and thestage, but excluding smoking on stage when it is an integral part of a theatricalperformances.

SECTION 6: ADOPTION “8.12.030 Where Smoking Not Regulated” of theVan Wyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.030 Exemptions; Where Smoking Not Regulated(Added)

Notwithstanding any other provisions of this Chapter to the contrary, smoking may be permittedin the following places or under the following circumstances:

A. Private residences, unless used as a childcare, adult day care, or health care facility;B. Retail tobacco stores as defined herein;C. Religious ceremonies where smoking is part of the ritual;D. Medical research facilities;E. Smoking by performers during a theatrical event which requires smoking in the context

of the performance;F. Hotel and motel rooms and other temporary lodging that are rented to guests and are

designated as smoking rooms;G. Private and semiprivate rooms in nursing homes and long-term care facilities that are

occupied by one or more persons, all of whom are smokers and have requested, in

writing, to be placed in a room where smoking is permitted; provided that smoke fromwriting, to be placed in a room where smoking is permitted; provided that smoke fromthese places does not infiltrate into areas where smoking is prohibited under theprovisions of this Chapter;

H. Cigar bars, provided that smoke from the establishment does not infiltrate into areaswhere smoking is prohibited under the provisions of this Chapter.

SECTION 7: ADOPTION “8.12.035 Violations And Penalties” of the VanWyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.035 Violations And Penalties(Added)

A. A person who smokes in an area where smoking is prohibited by the provisions of thischapter shall be guilty of an infraction, punishable by a fine of not less than $10.00 normore than $50.00.

B. A person who owns, manages, operates or otherwise controls a public place or place ofemployment and who fails to comply with the provisions of this chapter shall be guiltyof an infraction, punishable by a fine of not less than $10.00 nor more than $25.00.

C. In addition to the fines established by this section, repeated violations of this chapter bya person who owns, manages, operates or otherwise controls a public place or place ofemployment may result in the suspension or revocation of any occupancy permit orbusiness license issued to the person for the premises on which the violation occurred.

D. Violation of this chapter is hereby declared to be a public nuisance, which may beabated by the town by restraining order, preliminary and permanent injunction, or othermeans provided for by law, and the town may take action to recover the costs of thenuisance abatement.

E. Each day of a continuing violation of this article shall be considered a separate anddistinct offense.

SECTION 8: REPEALER CLAUSE All ordinances or resolutions or partsthereof, which are in conflict herewith, are hereby repealed.

SECTION 9: SEVERABILITY CLAUSE Should any part or provision ofthis Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall notaffect the validity of the Ordinances a whole or any part thereof other than the part so declared tobe unconstitutional or invalid.

SECTION 10: EFFECTIVE DATE This Ordinance shall become effectiveupon second and final reading.

Page 8

writing, to be placed in a room where smoking is permitted; provided that smoke fromthese places does not infiltrate into areas where smoking is prohibited under theprovisions of this Chapter;

H. Cigar bars, provided that smoke from the establishment does not infiltrate into areaswhere smoking is prohibited under the provisions of this Chapter.

SECTION 7: ADOPTION “8.12.035 Violations And Penalties” of the VanWyck Municipal Code is hereby added as follows:

A D O P T I O N

8.12.035 Violations And Penalties(Added)

A. A person who smokes in an area where smoking is prohibited by the provisions of thischapter shall be guilty of an infraction, punishable by a fine of not less than $10.00 normore than $50.00.

B. A person who owns, manages, operates or otherwise controls a public place or place ofemployment and who fails to comply with the provisions of this chapter shall be guiltyof an infraction, punishable by a fine of not less than $10.00 nor more than $25.00.

C. In addition to the fines established by this section, repeated violations of this chapter bya person who owns, manages, operates or otherwise controls a public place or place ofemployment may result in the suspension or revocation of any occupancy permit orbusiness license issued to the person for the premises on which the violation occurred.

D. Violation of this chapter is hereby declared to be a public nuisance, which may beabated by the town by restraining order, preliminary and permanent injunction, or othermeans provided for by law, and the town may take action to recover the costs of thenuisance abatement.

E. Each day of a continuing violation of this article shall be considered a separate anddistinct offense.




AYE NAY ABSENT ABSTAIN

Sean Corcoran

Robert Doster

Xavier Kee

Cassandra Watkins

Richard Vaughn

PASSED AND ADOPTED BY THE TOWN OF VAN WYCK COUNCIL_______________________________.

Presiding O fficer Attest

Sean Corcoran, Mayor, Town of VanWyck

Linda Vaughan, Municipal ClerkTown of Van Wyck

Page 1

TOWN OF VAN WYCKORDINANCE 2020-02

AN ORDINANCE TO AMEND SECTION 2.08.010, RELATING TOQUALIFICATIONS OF THE GOVERNING BODY; SECTION 2.16.060, RELATING

TO THE ADDITION OF ITEMS TO THE AGENDA; SECTION 2.16.090, RELATINGTO THE FORM OF PROPOSED ORDINANCES; SECTION 4.04.110, RELATING TOSOLE SOURCE PURCHASING; SECTION 8.04.040, RELATING TO LITTER AND

CLEANLINESS SO AS TO ADD PENALTIES FOR VIOLATIONS OF THISSECTION; AND SECTION 8.04.050, RELATING TO WASTE RECEPTACLES AT A

PLACE OF BUSINESS SO AS TO ADD PENALTIES FOR VIOLATIONS OF THISSECTION.

WHEREAS, pursuant to S.C. Code Ann. § 5-7-30, each municipality of the State, inaddition to the powers conferred to its specific form of government, may enact regulations,resolutions, and ordinances, not inconsistent with the Constitution and general law of this State;and

WHEREAS, after review of the Town Code of Ordinances, several inconsistencieshave been identified and, in light of such, it has been determined that several code sectionsrequire changes so that all code sections are congruent and conform to the requirements of statelaw.

NOW THEREFORE, be it ordained by the Council of Town of Van Wyck, in the Stateof South Carolina, as follows:

SECTION 1: AMENDMENT “2.08.010 Composition; Qualifications” of theVan Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

2.08.010 Composition; Qualifications

A. Composition. The mayor and four councilmembers, elected as provided by law, shallconstitute the town council.

B. Qualifications and residence requirements. The mayor and councilmembers shall resideinside the corporate limits of the town. They and shall be qualified electors of the state,county and town, and shall have resided in the corporate town limits for a period of notless than six months immediately preceding the at the date of their election.

State Law reference: Structure of council, S.C. Code 1976, § 5-11-20; nominations andelections for offices, S.C. Code 1976, § 5-15-10 et seq.

SECTION 2: AMENDMENT “2.16.060 Order Of Business” of the Van WyckMunicipal Code is hereby amended as follows:

A M E N D M E N T

2.16.060 Order Of Business

Page 2

2.16.060 Order Of Business

A. The town council shall address itself to three major items of business during a regularmeeting: the policy agenda, the new business period, and the public comment period.The order of business shall be:

1. Public comment period.2. Approval of minutes.3. Policy agenda.4. New business.5. Adjournment.

B. The public comment period shall be the first item of business on the agenda and shall belimited to 30 minutes. The mayor pro tempore shall be the presiding officer for thisperiod. Each speaker shall be limited to three minutes, unless the town councilauthorizes one extension of three minutes.

C. The policy agenda will be set by the town clerk. Items on the policy agenda arepresented to the town council for action or discussion and shall be accompanied bysupporting data and recommendations, if any, in the appropriate form for action; i.e.,resolutions, ordinances, etc.

D. Any councilmember desiring to place an item on the agenda shall communicate suchitem to the Clerk at least four days before the meeting. Any item added after this timeshall be by unanimous consent. two-thirds vote, except that, for items involving a matterupon which final action can be taken at the meeting or for items where the public hasnot or will not have the opportunity for comment, such items may only be added bytwo-thirds vote of members present in order to address an emergency or exigentcircumstance.

E. The new business period shall be the last item of business on the agenda and shall belimited to 30 minutes. During this period, any member of the council may initiatediscussion of any item pertaining to the business of the town and its council whichshould be agenda items for the next or subsequent town council meetings.

SECTION 3: AMENDMENT “2.16.090 Ordinance And ResolutionProcedure” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

2.16.090 Ordinance And Resolution Procedure

A. Voting.1. A councilmember must be present in person to cast his vote.2. Any councilmember may request a roll call vote at any time.3. No councilmember shall vote on any question where his private interest in the

matter presents a conflict of interest. Councilmembers shall declare their conflictof interest in an issue and refrain from participating in the discussion or votingon the issue.

4. Except in a case of a conflict of interest, all councilmembers shall vote on allquestions. When a councilmember is present, abstention or failure to vote shallbe counted in favor of the motion.

5. The vote on every question shall be recorded in the minutes

6. No member of council may leave the council chamber while in public session

Page 3

6. No member of council may leave the council chamber while in public sessionwithout the permission of the presiding officer.

B. Motions1. A motion may be made orally or in writing; however, a motion shall be reduced

to writing at the request of any member of council.2. A motion to reconsider must be made by a member who voted with the

majority. It must be made at the same or next meeting.3. A substitute motion may be made only to restate and clarify a pending motion

and amendments. It may not be used to introduce a new or alternative proposal.C. Form of Ordinances and Resolutions

1. Every proposed ordinance shall be introduced in writing in the form requiredfor final adoption which shall include:

a. A title briefly describing the content;b. Findings, reasons or basis for the ordinance, if desired and appropriate;c. An enacting clause;d. The provisions of the ordinance including section numbers if the

ordinance is to be codified or amends an existing codified ordinance;e. Citation of any ordinance repealed;f. Effective date of the ordinance;g. Name of the person requesting introduction of the ordinance;h. Space for dates of readings and public hearing, if appropriate; andi. Space for signatures of the mayor or presiding member of council and

the municipal clerk attesting notice, if required, and adoption.D. Introduction of ordinances. Any member of council may propose and ordinance. A

proposed ordinance shall be sent to the town clerk to be held for public inspection. Anordinance is considered to be introduced when it appears on an agenda for a publicmeeting of council and its title is read.

E. Enactment of Ordinances1. An ordinance must be prepared in writing and introduced in the form required

for final adoption as required by paragraph C. No ordinance may be adopteduntil it has been read two times and on separate days with at least six daysbetween each reading.

2. An emergency ordinance may be adopted on one reading, without notice orhearing, by affirmative vote of two-thirds of members present. An emergencyordinance may not levy taxes or relate to a franchise or a service fee. Anemergency ordinance expired automatically on the 61st day followingenactment.

3. The introduction and reading of any ordinance shall be by the reading of thetitle only unless full reading is requested by a member of council.

4. After the introduction of an ordinance, a member of council may request apublic hearing which may be held if approved by a majority of council presentand set for a time prior to final adoption of the ordinance. A public hearing maybe held on the same date as the final reading.

5. Any ordinance may be amended on final reading.6. Upon final adoption by vote of council, an ordinance shall be signed by the

mayor or presiding member of council and attested by the town clerk, who shallfile the original with the minutes in the permanent public record.

F. Resolutions1. Resolutions may be introduced in writing or orally. A voice motion is used to

introduce an oral resolution, which requires no written record other than a

notation in the meeting minutes. A resolution proposed in writing shall be

Page 4

6. No member of council may leave the council chamber while in public sessionwithout the permission of the presiding officer.

B. Motions1. A motion may be made orally or in writing; however, a motion shall be reduced

to writing at the request of any member of council.2. A motion to reconsider must be made by a member who voted with the

majority. It must be made at the same or next meeting.3. A substitute motion may be made only to restate and clarify a pending motion

and amendments. It may not be used to introduce a new or alternative proposal.C. Form of Ordinances and Resolutions

1. Every proposed ordinance shall be introduced in writing in the form requiredfor final adoption which shall include:

a. A title briefly describing the content;b. Findings, reasons or basis for the ordinance, if desired and appropriate;c. An enacting clause;d. The provisions of the ordinance including section numbers if the

ordinance is to be codified or amends an existing codified ordinance;e. Citation of any ordinance repealed;f. Effective date of the ordinance;g. Name of the person requesting introduction of the ordinance;h. Space for dates of readings and public hearing, if appropriate; andi. Space for signatures of the mayor or presiding member of council and

the municipal clerk attesting notice, if required, and adoption.D. Introduction of ordinances. Any member of council may propose and ordinance. A

proposed ordinance shall be sent to the town clerk to be held for public inspection. Anordinance is considered to be introduced when it appears on an agenda for a publicmeeting of council and its title is read.

E. Enactment of Ordinances1. An ordinance must be prepared in writing and introduced in the form required

for final adoption as required by paragraph C. No ordinance may be adopteduntil it has been read two times and on separate days with at least six daysbetween each reading.

2. An emergency ordinance may be adopted on one reading, without notice orhearing, by affirmative vote of two-thirds of members present. An emergencyordinance may not levy taxes or relate to a franchise or a service fee. Anemergency ordinance expired automatically on the 61st day followingenactment.

3. The introduction and reading of any ordinance shall be by the reading of thetitle only unless full reading is requested by a member of council.

4. After the introduction of an ordinance, a member of council may request apublic hearing which may be held if approved by a majority of council presentand set for a time prior to final adoption of the ordinance. A public hearing maybe held on the same date as the final reading.

5. Any ordinance may be amended on final reading.6. Upon final adoption by vote of council, an ordinance shall be signed by the

mayor or presiding member of council and attested by the town clerk, who shallfile the original with the minutes in the permanent public record.

F. Resolutions1. Resolutions may be introduced in writing or orally. A voice motion is used to

introduce an oral resolution, which requires no written record other than a

notation in the meeting minutes. A resolution proposed in writing shall benotation in the meeting minutes. A resolution proposed in writing shall beintroduced in the same manner as an ordinance.

2. Written resolutions may be adopted on one reading unless a public hearing is setby a majority vote of members present.

SECTION 4: AMENDMENT “4.04.110 Expenditures, Purchasing, AndReceiving” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

4.04.110 Expenditures, Purchasing, And Receiving

A. General provisions.1. All expenditures must be appropriated in the annual budget. A budget

amendment is required for proposed expenditures which have not beenbudgeted. Amendments which increase a department's total expenditures mustbe approved by town council.

2. All payment requests must be supported by an approved invoice andexpenditures authorization voucher and be submitted to the office of finance nolater than 15 days before payment is due.

3. The office of finance shall verify all new vendors added to the vendor list,determine that adequate budgeted funds are available, maintain a numerical fileof all purchase orders, audit all invoices for clerical accuracy and stamp them"PAID" when payment is made.

B. Expenditures of $1,000.00 or more. A purchase order is required to be approved by thedepartment head, and the town clerk prior to the order being placed with the vendor.Bids are not required, but verbal quotes should be obtained from at least one othervendor.

C. Expenditures of $5,000.00 or more. Three written bids are required to be obtained bythe department head. Bids may be obtained by advertising, invitation, use of catalogs,brochures, proposals or other written materials. Less than three bids will be acceptedonly where the bid request has been advertised or if state purchasing is used. Sealed bidsshall be used for expenditures of $10,000.00 or more. A bid tabulation form must beattached to the purchase order.

D. Sole-source purchasing. "Sole-source purchasing" is defined as purchases from a singlevendor or source without competitive bidding. It is permitted where there has been adetermination to standardize with that product, supply, or service or there is only oneefficacious vendor or source of the product, supply, or service. The department headshall document the need for sole-source procurement and attach such documentation tothe purchase order.

E. Emergency purchases. "Emergency purchases" are defined as expenditures which arenecessary to immediately replace or repair damaged facilities or equipment. Bids are notrequired. The department head shall document the emergency and attach suchdocumentation to a purchase order within two working days after the purchase.

F. Professional services. "Professional services" are defined to include the followingprofessions: architects, lawyers, doctors, accountants, engineers, planners, programmersand technical consultants. Professional services are to be obtained on the basis of writtencontractual proposals, not considered as bids or being subject to bid requirements, and

selected on the basis of qualifications and fairness of pricing. When obtaining new

Page 5

notation in the meeting minutes. A resolution proposed in writing shall beintroduced in the same manner as an ordinance.

2. Written resolutions may be adopted on one reading unless a public hearing is setby a majority vote of members present.

SECTION 4: AMENDMENT “4.04.110 Expenditures, Purchasing, AndReceiving” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

4.04.110 Expenditures, Purchasing, And Receiving

A. General provisions.1. All expenditures must be appropriated in the annual budget. A budget

amendment is required for proposed expenditures which have not beenbudgeted. Amendments which increase a department's total expenditures mustbe approved by town council.

2. All payment requests must be supported by an approved invoice andexpenditures authorization voucher and be submitted to the office of finance nolater than 15 days before payment is due.

3. The office of finance shall verify all new vendors added to the vendor list,determine that adequate budgeted funds are available, maintain a numerical fileof all purchase orders, audit all invoices for clerical accuracy and stamp them"PAID" when payment is made.

B. Expenditures of $1,000.00 or more. A purchase order is required to be approved by thedepartment head, and the town clerk prior to the order being placed with the vendor.Bids are not required, but verbal quotes should be obtained from at least one othervendor.

C. Expenditures of $5,000.00 or more. Three written bids are required to be obtained bythe department head. Bids may be obtained by advertising, invitation, use of catalogs,brochures, proposals or other written materials. Less than three bids will be acceptedonly where the bid request has been advertised or if state purchasing is used. Sealed bidsshall be used for expenditures of $10,000.00 or more. A bid tabulation form must beattached to the purchase order.

D. Sole-source purchasing. "Sole-source purchasing" is defined as purchases from a singlevendor or source without competitive bidding. It is permitted where there has been adetermination to standardize with that product, supply, or service or there is only oneefficacious vendor or source of the product, supply, or service. The department headshall document the need for sole-source procurement and attach such documentation tothe purchase order.

E. Emergency purchases. "Emergency purchases" are defined as expenditures which arenecessary to immediately replace or repair damaged facilities or equipment. Bids are notrequired. The department head shall document the emergency and attach suchdocumentation to a purchase order within two working days after the purchase.

F. Professional services. "Professional services" are defined to include the followingprofessions: architects, lawyers, doctors, accountants, engineers, planners, programmersand technical consultants. Professional services are to be obtained on the basis of writtencontractual proposals, not considered as bids or being subject to bid requirements, and

selected on the basis of qualifications and fairness of pricing. When obtaining newselected on the basis of qualifications and fairness of pricing. When obtaining newservices in excess of $5,000.00, competitive proposals should be considered.

G. State purchasing. State purchasing contracts satisfy the requirement for three bids. Thecontract number must be provided on the bid tabulation sheet. Where state purchasingcontracts are considered along with another bid, the bid requirements are also satisfied.

H. Open purchase orders. Open purchase orders for a year's budgeted expenditures may beissued when multiple smaller purchasers are to be made during the year. All openpurchase orders shall be closed as of budget year-end.

I. Splitting of purchases. Splitting of purchases to avoid bids or purchase orders isprohibited.

J. Purchase of personal items. Purchases of personal items by the town for employees isprohibited.

K. Awarding of bid. The department head shall evaluate all bids on the basis of quality,service, delivery time, prior experience and total cost, and, all things being equal, awardthe bid to the lowest bidder. If the low bid is not accepted, the department head shallexplain, in writing, the reasons for not selecting the low bid.

L. Administration. The town clerk shall administer this section and establish or approveprocedures and forms as are necessary to ensure compliance. He may also lower thedollar limits for purchase orders should a greater level of control be necessary formanagement purposes.

M. Receiving reports.1. The office of finance will compile and maintain a signature file of those

department employees authorized to verify goods received.2. There will be evidence on the packing list or receiving form that the goods

received have been verified as to amount and condition. Items backordered willalso be ascertained.

3. Verification on the packing list or receiving document will be in the form of astandard checkmark next to those items listed. The employee responsible forreceiving the goods will sign the packing list or receiving form.

4. The packing list or receiving form will be attached to the invoice andexpenditure authorization voucher prior to routing to the office of finance forpayment.

5. In instances of direct purchases of goods, the invoice may be used in place ofthe packing list or receiving form and verification documented on the invoice.The expenditure authorization voucher will have an area to indicate directpurchases.

N. Expenditure limitations at close of fiscal year. In an effort to plan and rationally expendbudget appropriations over a 12-month period, department expenditures requiringpurchase orders will be limited to 20 percent of available funds, excluding personnelcosts, during the final two months of the fiscal year. Exceptions to the policy will requirewritten approval from the town clerk. The town clerk will provide the office of financewith a copy of the approval.

SECTION 5: AMENDMENT “8.04.040 Cleanliness And Sanitation OfPremises; Litter” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

8.04.040 Cleanliness And Sanitation Of Premises; Litter

Page 6

selected on the basis of qualifications and fairness of pricing. When obtaining newservices in excess of $5,000.00, competitive proposals should be considered.

G. State purchasing. State purchasing contracts satisfy the requirement for three bids. Thecontract number must be provided on the bid tabulation sheet. Where state purchasingcontracts are considered along with another bid, the bid requirements are also satisfied.

H. Open purchase orders. Open purchase orders for a year's budgeted expenditures may beissued when multiple smaller purchasers are to be made during the year. All openpurchase orders shall be closed as of budget year-end.

I. Splitting of purchases. Splitting of purchases to avoid bids or purchase orders isprohibited.

J. Purchase of personal items. Purchases of personal items by the town for employees isprohibited.

K. Awarding of bid. The department head shall evaluate all bids on the basis of quality,service, delivery time, prior experience and total cost, and, all things being equal, awardthe bid to the lowest bidder. If the low bid is not accepted, the department head shallexplain, in writing, the reasons for not selecting the low bid.

L. Administration. The town clerk shall administer this section and establish or approveprocedures and forms as are necessary to ensure compliance. He may also lower thedollar limits for purchase orders should a greater level of control be necessary formanagement purposes.

M. Receiving reports.1. The office of finance will compile and maintain a signature file of those

department employees authorized to verify goods received.2. There will be evidence on the packing list or receiving form that the goods

received have been verified as to amount and condition. Items backordered willalso be ascertained.

3. Verification on the packing list or receiving document will be in the form of astandard checkmark next to those items listed. The employee responsible forreceiving the goods will sign the packing list or receiving form.

4. The packing list or receiving form will be attached to the invoice andexpenditure authorization voucher prior to routing to the office of finance forpayment.

5. In instances of direct purchases of goods, the invoice may be used in place ofthe packing list or receiving form and verification documented on the invoice.The expenditure authorization voucher will have an area to indicate directpurchases.

N. Expenditure limitations at close of fiscal year. In an effort to plan and rationally expendbudget appropriations over a 12-month period, department expenditures requiringpurchase orders will be limited to 20 percent of available funds, excluding personnelcosts, during the final two months of the fiscal year. Exceptions to the policy will requirewritten approval from the town clerk. The town clerk will provide the office of financewith a copy of the approval.

SECTION 5: AMENDMENT “8.04.040 Cleanliness And Sanitation OfPremises; Litter” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

8.04.040 Cleanliness And Sanitation Of Premises; Litter8.04.040 Cleanliness And Sanitation Of Premises; Litter

A. Littering.1. No person shall dump, throw, drop, deposit, discard or otherwise dispose of

litter or other solid waste upon any public or private property within the city,whether from a vehicle or otherwise, including, but not limited to any street,sidewalk, city right-of-way, playground, park, stream, ditch, catch basin,business or commercial property, or residential lot, except:

a. Into a litter receptacle in such a manner that the litter will be preventedfrom being carried away or deposited by the elements upon any part ofsuch private or public property.

b. As otherwise authorized in the town ordinances.2. Responsibility for the removal of litter from property or receptacles shall be

upon the owner of the property where the litter or receptacle is located.3. Failure of any driver or operator of any motor vehicle to cover and secure any

loose material which is being transported or hauled upon the streets or otherrights-of-way in the city so as to cause such material to blow, fall, spill or dropand thereby litter any street or other property within the city shall constitute aviolation of this section.

B. Keeping streets and sidewalks clean. The owner of any lot within the city shall keep thestreet, sidewalk and frontage of such lot clear and free from all filth and rubbish.

C. Violation of this section shall be punishable by a fine of not more than $500.00 orimprisonment for a term not exceeding 30 days, or both.

SECTION 6: AMENDMENT “8.04.050 Requirement For Waste ReceptaclesAt Place Of Business” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

8.04.050 Requirement For Waste Receptacles At Place Of Business

Any place of business which sells prepared or prepackaged food for takeout or consumption offthe premises shall provide a receptacle for waste within ten (10) feet of the public entrance to thebusiness during the business' normal hours of operation. Violation of this section shall bepunishable by a fine of not more than $500.00 or imprisonment for a term not exceeding 30days, or both.




Page 7

8.04.040 Cleanliness And Sanitation Of Premises; Litter

A. Littering.1. No person shall dump, throw, drop, deposit, discard or otherwise dispose of

litter or other solid waste upon any public or private property within the city,whether from a vehicle or otherwise, including, but not limited to any street,sidewalk, city right-of-way, playground, park, stream, ditch, catch basin,business or commercial property, or residential lot, except:

a. Into a litter receptacle in such a manner that the litter will be preventedfrom being carried away or deposited by the elements upon any part ofsuch private or public property.

b. As otherwise authorized in the town ordinances.2. Responsibility for the removal of litter from property or receptacles shall be

upon the owner of the property where the litter or receptacle is located.3. Failure of any driver or operator of any motor vehicle to cover and secure any

loose material which is being transported or hauled upon the streets or otherrights-of-way in the city so as to cause such material to blow, fall, spill or dropand thereby litter any street or other property within the city shall constitute aviolation of this section.

B. Keeping streets and sidewalks clean. The owner of any lot within the city shall keep thestreet, sidewalk and frontage of such lot clear and free from all filth and rubbish.

C. Violation of this section shall be punishable by a fine of not more than $500.00 orimprisonment for a term not exceeding 30 days, or both.

SECTION 6: AMENDMENT “8.04.050 Requirement For Waste ReceptaclesAt Place Of Business” of the Van Wyck Municipal Code is hereby amended as follows:

A M E N D M E N T

8.04.050 Requirement For Waste Receptacles At Place Of Business

Any place of business which sells prepared or prepackaged food for takeout or consumption offthe premises shall provide a receptacle for waste within ten (10) feet of the public entrance to thebusiness during the business' normal hours of operation. Violation of this section shall bepunishable by a fine of not more than $500.00 or imprisonment for a term not exceeding 30days, or both.




AYE NAY ABSENT ABSTAIN

Richard Vaughn

Cassandra Watkins

Xavier Kee

Robert Doster

PASSED AND ADOPTED BY THE TOWN OF VAN WYCK COUNCIL_______________________________.

Presiding O fficer Attest

Sean Corcoran, Mayor, Town of VanWyck

Linda Vaughan, Municipal ClerkTown of Van Wyck

State of South Carolina )

) Town of Van Wyck Resolution No. R2020-004

Lancaster County )

A RESOLUTION TO APPROVE THE CONDITIONAL USE

APPLICATION OF INDIANLAND IMPORTS FOR A MINOR

AUTOMOTIVE REPAIR BUSINESS TO BE LOCATED ON TM# 0025-00-

066.00, 0025-00-066.01 AND 0025-00-066.02.

WHEREAS, on February 3, 2020, IndianLand Imports/Terry Goss, Jr. submitted to the Town of

Van Wyck a Conditional Use Application for the design, construction and operation of a minor

automotive repair business on property zoned Neighborhood Business (NB) and identified as tax

map number 0025-00-066.00, 0025-00-066.01 and 0025-00-066.02; and

WHEREAS, the Lancaster County Planning Department, pursuant to the terms of the

Intergovernmental Agreement between the Town of Van Wyck and Lancaster County, South

Carolina, has considered the terms and conditions of the application along with a multitude various

supporting documents and has reported that the applicant’s plans are in compliance with the

Lancaster County Uniform Development Ordinance (UDO), as adopted by The Town of Van

Wyck, and that the application has received the Department’s recommendation for approval; and

WHEREAS, on March 24, 2020, the Town of Van Wyck Planning Commission, following a full

presentation by the applicant’s representative and/or the Planning Department’s staff and,

additionally, following a Public Hearing being conducted wherein input from those citizens and

residents having an interest was voiced and received, the Planning Commission likewise

recommended to the Town Council that the project was in compliance and that the Conditional

Use Application should be approved; and

WHEREAS, Van Wyck Town Council has received a full presentation as to the applicable law as

set forth in the UDO and Council has received both written and verbal details of the proposed use.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE COUNCIL OF THE

TOWN OF VAN WYCK, SOUTH CAROLINA, THAT THE COUNCIL APPROVES THE

CONDITIONAL USE APPLICATION OF INDIANLAND IMPORTS.

AYES:

NOES:

ABSTAIN:

ABSENT:

Adopted this 6th day of April, 2020

Van Wyck Town Council

____________________________________________

Sean Corcoran, Mayor

Attest:

Resolution Number: 2020-04

____________________________________________

Linda Vaughan, Municipal Clerk

Documents

Notice: Town Council Meeting · Citizens wishing to speak/present at the public hearing must sign in on the speakers’ log prior to the beginning of the meeting. A public hearing