A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 45-2-65 SO AS TO PROVIDE FOR THE REMOVAL OF CERTAIN PARK GUESTS UNDER CERTAIN CIRCUMSTANCES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 2, Title 45 of the S.C. Code is amended by adding:

 

    Section 45-2-65. (A)(1) The operator of any recreational vehicle park may remove or cause to be removed from such park, in the manner provided in this section, any transient guest of the park who, while on the premises of the park:

           (a) illegally possesses or deals in a controlled substance as defined and covered by Chapter 53 of Title 44;

           (b) disturbs the peace, quiet enjoyment, or comfort of other persons;

           (c) causes harm to the physical park;

           (d) violates the posted park rules and regulations; or

           (e) fails to make payment of rent at the rental rate agreed upon and by the time agreed upon.

    (2) The admission of a person to, or the removal of a person from, any recreational vehicle park may not be based upon race, color, national origin, sex, physical disability, or creed.

    (B) The operator of any recreational vehicle park shall notify such guest that the park no longer desires to entertain the guest and shall request that the guest immediately depart from the park. Notice must be given in writing, as follows: "You are hereby notified that this recreational vehicle park no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State." If such guest has paid in advance, the park, at the time notice is given, shall tender to the guest the unused portion of the advance payment. Any guest who remains or attempts to remain in such park after being requested to leave commits a misdemeanor and must be punished by a fine not exceeding three hundred dollars or by imprisonment for not more than thirty days.

    (C) If a guest has accumulated an outstanding account in excess of an amount equivalent to three nights' rent at a recreational vehicle park, the operator may disconnect all utilities of the recreational vehicle and notify the guest that the action is for the purpose of requiring the guest to confront the operator or permittee and arrange for the payment of the guest's account. Such arrangement must be in writing, and a copy must be furnished to the guest. Upon entering into the agreement, the operator shall reconnect the utilities of the recreational vehicle.

    (D) If any person is illegally on the premises of any recreational vehicle park, the operator of the park may call upon any law enforcement officer of this State for assistance. It is the duty of law enforcement officers, upon the request of an operator, to remove from the premises or place under arrest any guest who, according to the park operator, violated subsection (A) or (B). If a warrant has been issued by the proper judicial officer for the arrest of any guest who violates subsection (A) or (B), the officer shall serve the warrant, arrest the guest, and take the guest into custody. Upon removal or arrest, with or without warrant, the guest is considered to have abandoned or given up any right to occupancy of the premises of the recreational vehicle park; and the operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by the guest and shall refund any unused portion of moneys paid by the guest for the occupancy of such premises. If conditions do not allow for immediate removal of the guest's property, he may arrange a reasonable time, not to exceed forty-eight hours, with the operator to come remove the property, accompanied by a law enforcement officer.

    (E) In addition to the grounds for ejection established by law, grounds for ejection may be established in a written lease agreement between a recreational vehicle park operator or permittee and a recreational vehicle park guest.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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