Archives > 1976 South Carolina Code of Laws - Previous Versions > 2009 Session > Title 54

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Title 54 - Ports and Maritime Matters

CHAPTER 13.

TRESPASS ON PRIVATE DOCKS

SECTION 54-13-10. "Privately owned dock" defined.

For the purpose of this chapter, a privately owned dock is defined as any dock which is constructed on or appurtenant to property on which the person constructing the dock owns a leasehold interest in or title to or has obtained permission, express or implied, from the title owner to construct the dock.

SECTION 54-13-20. Exceptions.

The provisions of this chapter shall not apply to docking facilities open to the general public or to persons utilizing privately owned docking facilities in an emergency situation, or to persons having permission, express or implied, to use such facilities from the owner thereof, or to any person, association or corporation, and the agents and servants thereof, in the performance of duties arising out of the usual conduct of business or arising out of the terms of a State or Federal charter, license or franchise, and regulations thereunder.

SECTION 54-13-30. Trespassing on privately owned docks unlawful; posting of notice.

It shall be unlawful, except as provided herein, for any person to trespass upon or attach a boat or other device to any privately owned dock erected along the shores of any public or private waters within this State. Provided, however, that no person shall be convicted under this chapter unless the owner of such dock has posted a notice in a conspicuous place thereon stating that "Trespassing on this Dock is Prohibited by Law." Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars.

SECTION 54-13-40. Certain rights not affected.

This chapter shall not be construed to prevent or to interfere with the right of any person, governmental body, commission or agency, and the licensees and franchisees thereof, from regulating or controlling any activities on the waters and appurtenant lands under the jurisdiction of such person, governmental body, commission or agency, and the licensees and franchisees thereof. No vested property right shall accrue under this chapter to any person in derogation of the ownership or rights of any person, the public, any governmental body, commission or agency, and the licensees and franchisees thereof.