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COMMITTEE REPORT
February 18, 2004
H. 3409
Introduced by Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts and Viers
S. Printed 2/18/04--H. [SEC 2/19/04 4:28 PM]
Read the first time January 23, 2003.
To whom was referred a Bill (H. 3409) to amend Section 4-9-30, as amended, Code of Laws of South Carolina, 1976, relating to the powers of county governments, so as to authorize, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 35, Title 23 of the 1976 Code is amended by adding:
"Section 23-35-175. (A) As used in this section:
(1) 'Fireworks Prohibited Zone' means an area in which fireworks are prohibited from being discharged. A Fireworks Prohibited Zone shall extend beyond the subject property to the low water mark of all oceanic bodies of water adjoining the subject property. A Fireworks Prohibited Zone includes the area:
(a) contained within the boundaries of the subject property;
(b) extended from the boundaries of the subject property to the center line of any street or thoroughfare that it abuts; and
(c) extended from the boundaries of the subject property into any public land sharing a common boundary for a distance not to exceed five hundred feet.
(2) 'Managing authority' means a governing board of a condominium association.
(3) 'Subject property' means the property controlled by the owner, lessee, or managing authority of the property for which a Discharge of Fireworks Prohibited Agreement has been filed.
(B) It is unlawful to discharge fireworks from, in, or into a Fireworks Prohibited Zone. A person who discharges fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:
(1) for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and
(2) for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(C) An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:
(1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and
(2) posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted so as visible from any street or thoroughfare the subject property abuts and any public land sharing a common boundary with the subject property. The sign or placard must measure not less than twelve inches by twelve inches and bear the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
(D) The Discharge of Fireworks Prohibited Agreement must be in the following form:
DATE:_____________________________________
SUBJECT PROPERTY ADDRESS:___________
NAME OF SUBJECT PROPERTY (IF COMMERCIAL): __________________________
PROPERTY BOUNDARIES OR LEGAL DESCRIPTION:____________________________
I,_________, the undersigned, being the owner/lessee or managing authority of the above described subject property, hereby create a Fireworks Prohibited Zone for the above listed subject property and request that the applicable law enforcement agency enforce the prohibition of the discharge of fireworks on said subject property to the fullest extent of the law.
I agree to post a sign or placard in a conspicuous location on the above listed subject property which measures not less than twelve inches by twelve inches and bears the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
__________________________________________
OWNER/LESSEE OR MANAGING AUTHORITY
__________________________________________
WITNESS
(E) A governmental entity is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where there are contiguous properties which have filed a Discharge of Fireworks Prohibited Agreement." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-9-30(14) of the 1976 Code is amended to read:
"(14) to enact ordinances for the implementation and enforcement of the powers granted in this section and provide penalties for violations thereof of these ordinances not to exceed the penalty jurisdiction of magistrates' courts. Alleged violations of such ordinances shall must be heard and disposed of in courts created by the general law including the magistrates' courts of the county. County officials are further empowered to seek and obtain compliance with ordinances and regulations issued pursuant thereto to ordinances through injunctive relief in courts of competent jurisdiction. No An ordinance including penalty provisions shall must not be enacted with regard to matters provided for by the general law, except as specifically authorized by such the general law. Ordinances regulating or prohibiting the discharge of otherwise lawful fireworks may be enacted and, by their terms, may be made to apply only to those parts of the county where, because of population density or contiguity to municipalities, the public safety requires this regulation; and"
SECTION 2. This act takes effect upon approval by the Governor.
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