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COMMITTEE REPORT
April 2, 2003
H. 3409
Introduced by Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts and Viers
S. Printed 4/2/03--H.
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 12 of the 1976 Code is amended by adding:
"Section 23-35-175. (A) It is unlawful to discharge or propel otherwise lawful fireworks classified as 1.4G explosives by the United States Department of Transportation:
(1) on, from, over, or onto private property without prior consent of the landowner or the agent of the landowner; and
(2) on, from, over, or onto public property which is under the jurisdiction of the Bureau of Ocean and Coastal Resource Management, except as authorized by permit of the appropriate governmental authority.
(B) A person violating the provisions of this section 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, or both; and
(2) for a second and subsequent offenses, by a fine of not less than two hundred dollars nor more than the jurisdictional amount for magistrate's court or imprisonment for not less than thirty days, or both.
(C) The provisions of subsections (A) and (B) must be printed on a sign or placard which measures not less than eight inches by twelve inches and bears the following inscription:
'BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY IT IS UNLAWFUL FOR A PERSON TO DISCHARGE OR PROPEL OTHERWISE LAWFUL FIREWORKS CLASSIFIED AS 1.4G EXPLOSIVES BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION ON, FROM, OVER, OR ONTO PRIVATE PROPERTY WITHOUT PRIOR CONSENT OF THE LANDOWNER OR THE AGENT OF THE LANDOWNER AND ON, FROM, OVER, OR ONTO PUBLIC PROPERTY WHICH IS UNDER THE JURISDICTION OF THE BUREAU OF OCEAN AND COASTAL RESOURCE MANAGEMENT, EXCEPT AS AUTHORIZED BY PERMIT OF THE APPROPRIATE GOVERNMENTAL AUTHORITY. A PERSON FOUND GUILTY OF VIOLATING THE PROVISIONS OF THIS ACT IS GUILTY OF A MISDEMEANOR AND MUST BE PUNISHED FOR A FIRST OFFENSE, BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BOTH, AND FOR A SECOND AND SUBSEQUENT OFFENSES, BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN THE JURISDICTIONAL AMOUNT FOR MAGISTRATE'S COURT OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.'
This sign or placard must be displayed prominently in all places where fireworks are sold."
SECTION 2. This act takes effect upon approval by the Governor. /
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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