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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 2, 2004
H. 3409
Introduced by Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller
S. Printed 3/2/04--H.
Read the first time January 23, 2003.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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."
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