§ 14-61. Disorderly conduct; breach of the peace.

(a)

Definitions . The offense of breach of the peace is defined as a violation of public order, a disturbance of the public tranquility, by any act or conduct inciting to violence, which includes any violation of any law enacted to preserve peace and good order. The crux of the offense, and whether the conduct constitutes a breach of the peace depends on the time, place, and nearness of other persons. While it is not necessary that the peace actually be broken in order to sustain a conviction for the offense of breach of the peace, there must be at least the commission of an unlawful and unjustifiable act, tending with sufficient directness to breach the peace.

(b)

It shall be unlawful for any person within the city limits to intentionally engage in any act or conduct inciting public disorder or a breach of the peace in light of the surrounding circumstances of time, place or nearness of other persons, including but not limited to acts or conduct characterized:

(1)

By making, uttering or directing toward another person any lewd, obscene or profane or libelous expletive or epithets or "fighting" words, which as a matter of common knowledge, when addressed to the ordinary citizen are inherently likely to provoke violent reactions, including but not limited to calls, threats and invitations to immediately engage in physical violence, fisticuffs, duel or personal combat;

(2)

By being grossly intoxicated or appearing so appreciably impaired as to constitute a danger to one's self or to others;

(3)

By being grossly intoxicated or appearing so appreciably impaired while noisy resisting lawful command;

(4)

By being grossly intoxicated or appearing so appreciably impaired while engaging in lewd, obscene, profane, boisterous, riotous, tumultuous or violent acts or conduct, as those terms are commonly defined and understood;

(5)

By knowingly and willfully engaging in any overt conduct that interferes with another's pursuit of a lawful occupation or activity, or that blocks or obstructs the passage of vehicles or pedestrians on a public way;

(6)

By physically accosting or attempt to force one's company upon any person against their will; or

(7)

By congregating with two or more persons in a public place so to block or obstruct passage, while refusing to comply with a lawful order of the police to disperse.

(Code 1980, § 9-1-7; Ord. No. 2004-39, 5-25-04; Ord. No. 2013-28, 6-11-13)

State law reference

Disorderly conduct, drunkenness, etc., S.C. Code 1976, § 16-17-530.