H 3689 Session 109 (1991-1992)
H 3689 General Bill, By J.L.M. Cromer, Bailey, G.A. Brown, H. Brown, J. Brown,
R.S. Corning, T.L. Farr, J.V. Gregory, B.H. Harwell, M.F. Jaskwhich,
J.C. Johnson, Keegan, W.P. Keesley, Littlejohn, S.G. Manly, McCraw, Meacham,
Phillips, Quinn, J. Rama, Rhoad, Scott, Sharpe, J.J. Snow, Vaughn, J.B. Wilder,
D. Williams and J.B. Williams
A Bill to amend Section 16-11-700, as amended, Code of Laws of South Carolina,
1976, relating to dumping litter on public or private property, prohibitions,
exceptions, responsibility for removal and penalties, so as to increase the
penalties and the fee provided for violations of this Section.
03/14/91 House Introduced and read first time HJ-3
03/14/91 House Referred to Committee on Judiciary HJ-3
03/24/92 House Tabled in committee
A BILL
TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DUMPING LITTER
ON PUBLIC OR PRIVATE PROPERTY, PROHIBITIONS,
EXCEPTIONS, RESPONSIBILITY FOR REMOVAL AND
PENALTIES, SO AS TO INCREASE THE PENALTIES AND THE
FEE PROVIDED FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-700(C) of the 1976 Code, as last
amended by Act 530 of 1988, is further amended to read:
"(C)(1) Any A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than one two
hundred dollars nor more than two four hundred dollars
for each offense. In addition to any fine and for each offense under the
provisions of this item, the court also must also impose
a minimum of five ten hours of litter-gathering labor or
other such public service as the court may order because of physical or
other incapacities, and which is under the supervision of the
court.
(2) The fine for a deposit of a collection of litter or garbage in an area
or facility not intended for public deposit of litter or garbage is
two four hundred dollars. The provisions of this item
apply to a deposit of litter or garbage, as defined in Section 44-67-30(4),
in an area or facility not intended for public deposit of litter or garbage,
but this does not prohibit a private property owner from depositing litter
or garbage as a property enhancement if the depositing does not violate
applicable local or state health and safety regulations. In addition to any
fine and for each offense under the provisions of this item the court must
also impose a minimum of five ten hours of
litter- gathering labor or other such public service as the court may order
because of physical or other incapacities, and which is under the
supervision of the court.
(3) No part of any fine imposed pursuant to items
item (1) or (2) of this subsection may be suspended.
(4) The court, in lieu of payment of the monetary fine imposed for a
violation of this section, may direct the substitution of additional
litter- gathering labor, or other such public service as the court may order
because of physical or other incapacities, under the supervision of the
court, not to exceed one hour two hours for each five
dollars of fine imposed.
(5) For a second conviction under the provisions of items
item (1) or (2) of this subsection, a minimum of twenty
forty hours of community service must be imposed in addition
to any fine.
(6) In addition to any other punishment authorized by this section, in
the discretion of any court in which conviction is obtained, the person
may be directed by the judge to pick up and remove from any public
place or any private property, with prior permission of the legal owner
upon which it is established by competent evidence that the person has
deposited litter, all litter deposited on the place or property by anyone
before the date of execution of sentence.
(7) Notwithstanding any other provision of law, magistrates and
municipal courts have jurisdiction to try violations of this section."
SECTION 2. Section 16-11-700(D) of the 1976 Code, as added by
Act 530 of 1988, is amended to read:
"(D) In addition to the fines provided for in subsection (C) of
this section, a fee of twenty-five fifty dollars is assessed
to all persons convicted or pleading guilty or nolo contendere for
violating the provisions of this section. This fee goes to the county
general fund and must be used to defray the cost of supervising those
persons who have been ordered to do public service pursuant to the
provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.
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