Current Status Bill Number:3686 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970319 Primary Sponsor:Edge All Sponsors:Edge Drafted Document Number:gjk\23225sd.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Local laws, ordinances; personal watercraft rental, public beaches, waters; Political Subdivisions, Municipality
Body Date Action Description Com Leg Involved
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House 19970319 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-31 SO AS TO PROVIDE THAT A MUNICIPALITY'S RIGHT BY ORDINANCE TO GRANT FRANCHISES FOR THE USE OF THE PUBLIC STREETS DOES NOT INCLUDE OR EXTEND TO THE PUBLIC BEACHES AND NAVIGABLE WATERS OF THE STATE IN REGARD TO THE USE AND RENTAL OF PERSONAL WATERCRAFT, WHICH RIGHT IS RESERVED SOLEY TO THE STATE AND TO PROVIDE THAT A MUNICIPALITY MAY NOT CREATE MONOPOLIES THROUGH THE USE OF FRANCHISE AUTHORITY IN REGARD TO THE USE AND RENTAL OF PERSONAL WATERCRAFT IN THOSE AREAS IN WHICH ITS JURISDICTION APPLIES; TO AMEND SECTION 50-21-30, AS AMENDED, RELATING TO THE REQUIREMENT THAT LOCAL LAWS AND ORDINANCES IN REGARD TO FISH, GAME, AND WATERCRAFT MUST BE IDENTICAL TO THE PROVISIONS OF STATE LAW SO AS TO PROVIDE THAT THE GOVERNING BODY OF A MUNICIPALITY MAY NOT ENACT ORDINANCES WHICH ARE INCONSISTENT WITH ANY PROVISIONS OF STATE LAW GOVERNING THE OPERATION OF PERSONAL WATERCRAFT ON THE PUBLIC BEACHES AND IN THE NAVIGABLE WATERS OF THIS STATE; TO ADD SECTION 50-21-875 SO AS TO AUTHORIZE A BUSINESS RENTING PERSONAL WATERCRAFT TO USE A PUBLIC BEACH OR A PUBLIC BEACH ACCESS FOR THIS BUSINESS ACTIVITY UNDER CERTAIN CONDITIONS; AND TO ADD SECTION 50-21-876 SO AS TO PROVIDE THAT THE AUTHORITY TO REGULATE THE OPERATION OF PERSONAL WATERCRAFT FROM A PIER IN THE ATLANTIC OCEAN OR FROM FLOATING DOCKS ATTACHED TO SUCH PIER RESTS SOLELY WITH THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE THAT A MUNICIPALITY'S RIGHT TO ENACT ZONING ORDINANCES IN REGARD TO THE LOCATION OF PERSONAL WATERCRAFT USE AND RENTAL FACILITIES DOES NOT EXTEND TO AND INCLUDE THESE PIERS AND FLOATING DOCKS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 5-7-31. A municipality's right by ordinance to grant franchises under Section 5-7-30 for the use of the public streets within its jurisdiction does not include or extend to the public beaches and navigable waters of this Sate in regard to the use and rental of personal watercraft, which right is reserved solely to the State of South Carolina. A municipality further may not create monopolies through the use of this franchise authority in regard to the use and rental of personal watercraft in the areas where this franchise authority is applicable."
SECTION 2. Section 50-21-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item to read:
"(4) Nothing in this chapter or Chapter 7 of Title 5 confers upon the governing body of a municipality the power to enact ordinances which are inconsistent with any provisions of state law governing the operation of personal watercraft on public beaches and in the navigable waters of this State."
SECTION 3. The 1976 Code is amended by adding:
"Section 50-21-875. A business renting personal watercraft which is located in an area zoned for such activity and which location abuts the mean high water mark of a public beach, or abuts a public beach access, may also use the public beach or public beach access for this business activity during the hours permitted for the operation of personal watercraft."
SECTION 4. The 1976 Code is amended by adding:
"Section 50-21-876. The authority to regulate the operation of personal watercraft from a pier in the Atlantic Ocean or from floating docks attached to such pier rests solely with the Department of Natural Resources, and a municipality's right to enact zoning ordinances in regard to the location of personal watercraft use and rental facilities does not extend to and include these piers and floating docks."
SECTION 5. This act takes effect upon approval by the Governor.