Charleston, S.C., City Code § 21-106 Assault.
Sec. 21-106. - Assault.
No person shall attempt or offer with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated.
(Code 1975, § 37-22)
OFFENSES AGAINST PUBLIC PEACE
Charleston, S.C., City Code ch. 21, art. V
in effectCharleston, S.C., City Code § 21-107 Disturbing school prohibited.
Sec. 21-107. - Disturbing school prohibited.
(a) No person shall willfully or unnecessarily:
(1) Interfere with or disturb in any way or in any place the students or teachers of any school or college,
(2) Loiter about such school or college premises, or
(3) Act in an obnoxious manner thereon.
(b) No person shall:
(1) Enter upon school or college premises, or
(2) Loiter around the premises,
except on business, without the permission of the principal or person in charge.
(Code 1975, § 37-23)
Charleston, S.C., City Code § 21-108 Loitering.
Sec. 21-108. - Loitering.
(a) Loitering. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police officer, prior to any arrest for an offense under this subsection, shall afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of violating this subsection if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given was true and would have dispelled the alarm and disclosed the lawful purpose.
The provisions of the two (2) preceding sentences are applicable to this paragraph (a) and each subsequent paragraphs (b) through (h) herein.
(b) Dwelling areas. No person shall hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(c) Public rest rooms. No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(d) Schools, parks and public grounds. No person shall loiter in or about any school, park or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger or to idle in or about any said school, park or public place without a lawful purpose for being present.
(e) Buildings. No person shall loiter or lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(f) Restaurants, taverns. No person shall loiter in or about a restaurant, tavern or other building open to the public. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
(g) Parking lots. No person shall loiter in or upon any public parking surface lot or public parking structure, either on foot or in or upon any conveyance being driven or parked thereon, without the permission of the owner or person entitled to possession or in control thereof. As used in this subsection:
(1) Public parking structure means a building enclosure or garage above or under the ground, or any portion thereof, in which automobiles or motor vehicles may be parked, stored, housed or kept, and open to public use with or without charge.
(2) Public parking surface lot means five (5) or more ground level parking spaces, or any portion thereof, not located in a structure, upon which automobiles or motor vehicles may be parked, stored, housed or kept, and open to public use with or without charge.
(h) Private or public residential property. No person shall loiter in or on private or public residential property in residential neighborhoods. As used in this subsection, "loiter" means to, without just cause, linger, remain in or on private or public residential property, or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof, or where "No Loitering" signs are posted.
(i) Requirements of identification. A person being asked for identification pursuant to this section shall provide the police officer with his name and address either verbally or by providing the officer with written evidence of the person's name and address, including but not limited to a driver's license or picture identification.
(j) Penalty; continuing violations. Any person who is convicted of any violation of this section, the court before whom an offender shall be tried may sentence him to pay a fine not exceeding the maximum fine permitted by law or serve a term not exceeding thirty (30) days in jail, or both. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(k) Court order on jurisdictional limits. In addition to the penalty that may be imposed pursuant to subsection (j) above, any person who is arrested for and/or convicted of violating any provision of this section may be subject to an order of the court which shall impose a jurisdictional limit on said person prohibiting his presence in a specific geographic area of the City of Charleston. Failure to comply with the court order shall constitute a violation of the court order and shall result in the following: (1) in the case of a bond where jurisdictional limits have been imposed, the bond may be revoked and the person shall be incarcerated until trial; and/or (2) in the case of a sentence where jurisdictional limits have been imposed, the suspended sentence may be revoked and the person shall be incarcerated until he has served the original sentence imposed by the court without any portion thereof suspended.
(Code 1975, § 37-24; Ord. No. 2006-429, § 1, 9-26-06)
Charleston, S.C., City Code § 21-109 Disorderly conduct prohibited.
Sec. 21-109. - Disorderly conduct prohibited.
(a) As used in this section:
Incite a riot shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written:
(1) Advocacy of ideas or
(2) Expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
Riot shall mean a public disturbance involving:
(1) An act or acts of violence by one or more persons part of an assemblage of three (3) or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or
(2) A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three (3) or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
(b) A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:
(1) Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, limb or health;
(2) Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
(3) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health, or property of another;
(4) Interferes with another's pursuit of a lawful occupation by acts of violence;
(5) Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the city police or other lawful authority known to be such;
(6) Incites, attempts to incite, or is involved in attempting to incite a riot;
(7) Addresses abusive language or threats to any member of the city police department, any other authorized official of the city who is engaged in the lawful performance of his duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;
(8) Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road, street, lane, alley, park, square, or common, whereby the public peace is broken or disturbed, or the public annoyed.
(c) This section shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
(Code 1975, § 37-25)
Charleston, S.C., City Code § 21-110 Ringing doorbells.
Sec. 21-110. - Ringing doorbells.
No person shall ring any doorbell or knock on any door for the purpose of annoying the occupants of the premises.
(Code 1975, § 37-27)
Charleston, S.C., City Code § 21-111 Masked or disguised persons; Halloween exceptions.
Sec. 21-111. - Masked or disguised persons; Halloween exceptions.
(a) No person over sixteen (16) years of age with the intent to conceal their identity shall appear on any street, highway, alley, public park or other place open to the public in the city in any mask, disguise, bandana, balaclava, or other device which hides or covers a substantial portion of their face so as to conceal the identity of such person. The provisions of this paragraph (a) shall not affect the following:
(1) Any person wearing traditional holiday costume;
(2) Any person engaged in a trade, employment or sporting activity in which a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession or sporting activity;
(3) Any person using a mask in a theatrical production or masquerade ball;
(4) Any person wearing an gas mask as prescribed or permitted by the city, county, state or federal authorities during a declared state of emergency or a civil defense drill or exercise;
(5) Any person wearing a mask for bona fide medical reasons provided such mask covers only the persons nose and mouth and no other parts of the person's face;
(6) Any person wearing a face covering to express a religious belief or custom.
(b) No person shall appear on any street, highway, alley, public park, public home, private home or any other public place to make trick or treat visitations; provided that this section shall not apply to children sixteen (16) years or less on Halloween night prior to 10:00 p.m.
(Code 1975, § 37-30; Ord. No. 2023-096, § 1, 5-23-23)
Charleston, S.C., City Code § 21-113 Trespass warnings on public property and other property generally open to the public.
Sec. 21-113. - Trespass warnings on public property and other property generally open to the public.
(a) Officers of the city police department and other code enforcement personnel are authorized to issue a trespass warning to any individual who violates any city ordinance, rule or regulation promulgated by the body governing the property, or state law which violation was committed while on or within any facility, building, or outdoor area that is open to the general public, whether owned by the city, by another governmental body, or subdivision thereof, or private property owner, including public parks and including public sidewalks adjacent to public parks where there is also a public sidewalk on the opposite side of the street (but excluding other public right-of-way). The trespass warning shall be limited to the specific property parcel where the violation occurred. The specific property parcel consists of the boundaries set forth on the official property tax maps for the City of Charleston. These warnings may be issued by persons authorized at the parks and recreation departments to insure the effective operation, maintenance and security of the location.
(b) Trespass warnings shall be in writing and issued for a period not to exceed one (1) year.
(c) A copy of the trespass warning shall be provided by mail or hand delivery to the individual given the warning. The written trespass warning shall advise the recipient of the right to appeal and the location at which to file the form to initiate the appeal.
(d) A written trespass warning shall also be issued when officers of the city police department are acting on behalf of another governmental agency or private property owner and issuing a trespass warning to an individual located on public property not owned by the city or on private property subject to a public access easement. For purposes of this section, the term public access easement shall mean an easement in favor of the city granting general public access to private property or limited public access to patrons and invitees of a particular business establishment or establishments.
(e) Any person found on or within any city facility, building, or outdoor area, including public parks, or in any facility, building, outdoor area or park of another governmental agency or private property owner in violation of a trespass warning issued in accordance with this section may be arrested for trespassing after notice, except as otherwise provided in this section, and punished as set forth in section 1-116 of the City Code.
(f) Any person found on or within any public property belonging to another governmental agency other than the city or found on or within any private property subject to a public access easement in violation of a trespass warning issued in accordance with this section may be arrested for trespassing.
(g) The mayor, or his designee, may upon request, authorize an individual who has received a trespass warning to enter the property or premises to exercise his or her right to free speech, as provided for in the Constitution of the United States of America and the State of South Carolina, if there is no other reasonable alternative location to exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied.
(h) This section shall not be construed to limit the authority of any city employee or official with arrest powers to issue a trespass warning to any person for any lawful reason for any city property, including rights-of-way when closed to general vehicular or pedestrian use, when necessary or appropriate in the sole discretion of the city employee or official.
(i) This section shall not be construed to limit the authority of officers of the city police department to arrest or cite individuals for violating any section of the City Code or the statutes of this state.
(j) Appeal of trespass warning. A person whom a trespass warning is issued under this section shall have the right to appeal the issuance of the trespass warning as follows:
(1) An appeal of the trespass warning must be filed, in writing, within twenty (20) days of the issuance of the warning, and shall include the appellant's name, address contact information. No fee shall be charged for filing the appeal. "Issuance" for purposes of starting the time to appeal means either by personal delivery or when notice of the warning is placed in the mail, whichever occurs first.
(2) Appeals shall be heard by the city's standing committee on recreation.
(3) Within thirty (30) business days following the filing of the appeal, the city's standing committee on recreation shall schedule a hearing. Notice of the hearing shall be provided to the appellant in one of three ways:
a. By providing the appellant a copy of the notice of hearing in person at the time he or she files the appeal. When it is not reasonably practical or possible to provide notice in this manner, the appellant shall be informed that notice of the hearing will be provided in accordance with either paragraph b. or c. below;
b. By leaving or posting the notice at the front desk of the city police department or leaving the notice with the clerk of council; or
c. By telephone if a telephone number has been provided or mailing when an address has been provided.
(4) The city's standing committee on recreation shall hold the hearing as soon as possible, but no later than forty (40) days from the filing of the appeal unless agreed to by the parties.
(5) Copies of documents in the city's control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost.
(6) The appellant shall have the right to testify and to call witnesses and present evidence and the right to engage an attorney to represent him or her. The appellant shall have the right to bring a court reporter, at his or her own expense.
(7) The city's standing committee on recreation shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings.
(8) The city shall bear the burden of proving by clear and convincing evidence that the trespass warning was properly issued pursuant to the criteria of this section.
(9) If the appellant fails to attend a scheduled hearing, the city's standing committee on recreation shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria of this section.
(10) Within seven (7) business days of the hearing, the city's standing committee shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided.
(11) The decision of the city's standing committee shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law.
(12) The trespass warning shall remain in effect during the appeal and review process, including any judicial review.
(Ord. No. 2014-39, § 1, 3-25-14; Ord. No. 2018-126, § 1, 9-25-18)
Charleston, S.C., City Code § 21-114 Juvenile curfew.
Sec. 21-114. - Juvenile curfew.
(a) Findings. The mayor and city council have determined that violent and other crimes committed by persons seventeen (17) years of age and younger, within the City of Charleston, specifically within the Central Business District, as defined below, is a threat to public health, safety and general welfare. It has been determined that juveniles have contributed to criminal activity in the area, including but not limited to disorderly conduct, auto theft, assault and battery, robbery, narcotics offenses, and underage drinking. The mayor and council have determined that juveniles are particularly susceptible, because of a lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime. The mayor and council have an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for children, for the protection of the general public, and for the reduction of the incidences of juvenile criminal activities. The mayor and council have determined that a juvenile curfew for those under the age of seventeen (17) years will be in the interest of the public health, safety, and general welfare to attain these objectives and diminish the undesirable impact of this conduct on the citizens and visitors of the city. The mayor and council have determined that passage of a curfew law will also protect the welfare of juveniles by:
(1) Reducing the likelihood that juveniles will be the victims of criminal activity during the curfew hours;
(2) Reducing the likelihood that juveniles will become involved in criminal acts or exposed to narcotic trafficking during the curfew hours;
(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of juveniles entrusted to their care.
(b) Definitions.
Central Business District. For purposes of the juvenile curfew within the Central Business District, this district shall consist of the area identified in the map attached to the ordinance from which this section is derived as Exhibit A, entitled "Central Business District - Juvenile Curfew," which will be reviewed from time to time by city council. A copy of the map shall be made available to the public online at the website for the business and neighborhood services division of the department of planning and preservation.
Curfew hours means from 9:00 p.m. until 6:00 a.m. on any Thursday, Friday, Saturday or Sunday. During the months of June, July, and August, the term "curfew hours" means from 9:00 p.m. until 6:00 a.m. all seven (7) days of the week.
Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life.
Establishment means any privately-owned place of business operated for a profit, to which the public is invited, or to any non-profit organization licensed to sell or serve beer, wine or other alcoholic beverage, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
Juvenile means seventeen (17) years of age and under.
Public place means any place to which the public, or a substantial group of the public, has access, and includes, but is not limited to: parks, parking lots, streets, highways playgrounds, transportation facilities, sidewalks, the common areas of schools, hospitals apartment houses, office buildings, transport facilities, and shops.
Remain means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(c) Prohibition.
(1) It shall be unlawful for a juvenile to remain in or upon any public place, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the Central Business District during curfew hours.
(2) It shall be unlawful for a juvenile's parent or person responsible for the juvenile's welfare as defined by S.C. Code § 63-7-20(18), to knowingly permit, by insufficient control allow, or encourage such juvenile to violate subsection (c)(1).
(3) It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of subsection (c)(1).
(4) It shall be unlawful for the operator of any establishment located in the Central Business District, or for any person who is an employee thereof, to knowingly permit, allow or encourage a juvenile to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the Charleston Police Department that a juvenile was present at the establishment during curfew hours and refused to leave.
(5) It shall be unlawful for any person, including a juvenile, to give a false name, date of birth, address, or telephone number to any officer investigating a possible violation of this division.
(d) Exceptions.
(1) The juvenile is accompanied by a parent or person responsible for the juveniles' welfare as defined by S.C. Code § 63-7-20(18); or
(2) The juvenile is engaged in an employment activity, on an errand at the direction of the juvenile's parent or person responsible for the juvenile's welfare as defined by S.C. Code § 63-74-20(18), or is going to or returning home from such activity, without detour or stop; or
(3) The juvenile is in a motor vehicle, train or bus involved in interstate travel;
(4) The juvenile is involved in an emergency;
(5) The juvenile is on the sidewalk that abuts the juvenile's residence;
(6) The juvenile is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
(7) The juvenile is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.
(e) Enforcement.
(1) Prior to taking enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (d) of this section is proffered or present.
(2) If a police officer determines that a minor is committing a curfew offense the officer shall take the juvenile into custody as provided in S.C. Code § 63-19-810. Where appropriate the juvenile may be released to a parent or other person as provided therein.
(f) Penalties.
(1) A juvenile who violates this section shall have their case adjudicated and disposed of in accordance with the South Carolina Juvenile Justice Code.
(2) An adult who violates this section may be sentenced to pay a fine not exceeding five hundred dollars ($500.00) or serve a term not exceeding thirty (30) days in jail.
(g) Severability. If any subsection, sentence, clause, phrase, or word of this section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such declaration shall not affect the validity or the effectiveness of the remaining portions of this section or any part thereof which can be given meaning without the offensive subsection, sentence, clause, phrase or word.
(Ord. No. 2025-090, § 2, 6-17-25)
Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH21OF_ARTVOFAGPUPEFetched: 11/7/2026