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PAINTER v. TOWN OF FOREST ACRES

March 14, 1957

MRS. M.L. PAINTER, RESPONDENT,
v.
TOWN OF FOREST ACRES, EMMETTE GROOVER, MAYOR, AND JOE E. THOMAS, CLERK, APPELLANTS.



The opinion of the court was delivered by: Taylor, Justice.

March 14, 1957.

This appeal presents the question of whether or not the hereinafter referred to ordinance of the Town of Forest Acres is a valid exercise of its police power or so unreasonable as to be violative of Article 1, Sections 5 and 17 of the Constitution of South Carolina, 1895, and Section 1 of the 14th Amendment of the Constitution of the United States.

The ordinance questioned reads as follows:

"An Ordinance to Regulate Business Hours within The Town of Forest Acres, South Carolina.

"Whereas, the zoning ordinance which has been in effect in the Town of Forest Acres for many years provides that certain types of businesses may be carried on within four use districts described in the zoning ordinance, which use districts comprise about thirty per cent of the total area of the town, and

"Whereas, about eighty per cent of the business establishments within the town are located within two of the use districts wherein business is permitted and in these two use districts there are now more residences in the said districts than business establishments, and

"Whereas, the area of the town not in the four use districts heretofore referred to (about seventy per cent) is zoned for residential purposes only, and

"Whereas, the noise of automobile traffic, other noises, lights, etc., attendant in the usual course of carrying on a business where the public is being served constitute a nuisance and disturb the peace and rest of many of the residents of the town, and

"Whereas, no useful purpose is served the Town of Forest Acres or the residents thereof by some businesses operating late in the night; now, therefore, be it ordained by the Mayor and Town Council of the Town of Forest Acres, South Carolina, as follows:

"Section 1: It shall be unlawful for any person, firm or corporation to operate or keep open for the purpose of operating any business of any kind anywhere within the Town of Forest Acres during the hours between Midnight (twelve o'clock) and Six o'clock in the morning.

"Section 3: The sale and/or delivery of drugs in emergency situations shall be exempt from the provisions of this ordinance.

"Section 4: Any person, firm or Corporation, upon being convicted of violating this ordinance, shall be punished by fine of not more than $100.00 or imprisonment, for not more than 30 days for each offense, and each ...


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