Sec. 5-1. "Public Beach" Defined:
The term "public beach," when used in this
chapter, shall mean that area lying between the Atlantic Ocean and the
easternmost property line of the property owned by private individuals or
corporations, lying closest in proximity to the Atlantic Ocean; except
that where there is a street leading east from Ocean Boulevard toward the
Atlantic Ocean, "public beach" at these points shall mean the area lying
between the easternmost edge of the public street and the Atlantic Ocean.
(Code 1980, § 7-10-1)
Cross reference-Definitions and
rules of construction generally, § 1-2.
Sec. 5-2. Vehicles Prohibited:
It shall be unlawful for any
person to drive or operate any motor vehicle of any kind or nature upon
the public beach within the city; provided, that city vehicles operated
while cleaning or working on the beach, city police and emergency vehicles
shall be exempt from the application of this section; and it is further
provided that from September 15th to March 15th, vehicles may access the
public beach at the Second Avenue North streetend and at the emergency
access at 5400 Ocean Boulevard for the limited purpose of launching and
loading boats. Launching and unloading shall be accomplished within 200
feet of the point of access. Vehicle access and operation shall be
temporary and for the limited purpose of launching or loading boats within
the area designated above and as identified by signage. No parking or
storage of vehicles, trailers or boats shall be permitted on the public
beach.
(Code 1980, § 7-10-2; Ord. No.
2000-50, 10-10-00)
Sec. 5-3. Riding Or Driving
Horses On Beach:
It shall be unlawful, without a permit from
the city clerk, approved by the city manager, for any person to ride a
horse or any animal on the public beach, with the following exception:
Horses are permitted on the beach beginning
the third Saturday in November and ending on the last day in February each
year, subject to the following conditions:
1. Not more than six horses and riders
are to be in a single group at one time.
2. Riding across or on any sand dune is
prohibited.
3. Access to the beach will be from
Myrtle Beach State Park.
4. There will be no parking of horse
trailers or staging on the public rights-of-way.
5. All riders will be required to clean
up after their horses in all areas landward of the mean high tide line.
(Code 1980, § 7-10-3)
Sec. 5-4. Sleeping On Public
Beach After 9:00 p.m. Prohibited:
It shall be unlawful for any person to
sleep on the beach within the city between the hours of 9:00 p.m. and
sunrise.
(Code 1980, § 7-10-4)
Sec. 5-5. Use of kayaks and
surfboards restricted
(a) Within the city and during the period
April 30th through September 15th each year, no person shall use in any
manner or assist anyone in any manner in the use of any apparatus or
device commonly known as a "kayak," "surfboard," or other apparatus or
device of a hard or solid nature similar to a "kayak" or "surfboard" and
used for the general purposes for which a "kayak" or "surfboard" is
generally used, between the hours of 10:00 a.m. and 5:00 p.m. in any area
other than the following:
(1) From the terminus of the TA-80 Zone
to the south city limits.
(2) From 37th Avenue North to 47th Avenue
North.
(3) From 82nd Avenue North to the north
city limits.
(4) South side of 8th Avenue North,
extended to north end of public boardwalk, but this area to be used only
during the period October 1 through March 15 of each succeeding year.
(5) From 62nd Avenue North to 68th Avenue
North.
(b) It is the intent and the purpose of
this section that no such apparatus or device shall be used in the city in
that area commonly known as "strand" or "beach" and the water area of the
Atlantic Ocean lying within one-half mile of such "strand" or "beach,"
except in the areas noted above; provided further, that no kayak,
surfboard or other apparatus designated in this section shall be used at
any time within a distance of 150 feet of any fishing pier as now exists
or hereafter established. During the months from September 15th through
April 30th of each succeeding year, there will be no restrictions as to
area.
(Code 1980, § 7-10-5; Ord. No. 990223-11,
2-23-99; Ord. No. 2000-25, 5-23-00; Ord. No. 2002-18, 4-9-02)
Sec. 5-6.
Manner of use of kayak and surfboard in ocean:
It shall be unlawful for any
person to use a kayak or surfboard in any manner as to become a hazard to
bathers, swimmers, surfers and other persons in the waters along the
public beach or to fail, neglect or refuse to keep his kayak or surfboard
under reasonable control at all times. All surfboards or other apparatus
or device of a hard or solid nature similar to a surfboard and used for
the general purpose for which a surfboard is generally used must have a
leash attached to it and said leash must be attached to the operator of
the device while in use.
(Code 1980, § 7-10-6; Ord. No.
2000-25, 5-23-00)
Sec. 5-7.
Commercial fishing restricted.
It shall be unlawful for
any person to engage in commercial fishing on the public beach within the
city limits at any time. Each violation of this section shall constitute a
separate offense.
(Code 1980, § 7-10-7; Ord. No. 2000-25,
5-23-00)
Sec. 5-8. Placing Obstructions On The
Beach:
(a) It shall be unlawful, without a permit
from the city clerk, approved by the city manager, for any person to put,
place or set any equipment, such as dugouts, chairs, umbrellas,
windbreakers, surfboards, air floats, life rafts or similar paraphernalia
not actually occupied or engaged, or to build or erect any fence or other
obstruction on the public beach, so as to obstruct, impede or retard the
free and unconstrained use and occupancy of the public beach by the
public.
(b) Beach umbrellas and other beach
paraphernalia will be at a distance of at least ten feet to the rear
(inland side) of lifeguard stands and in a line generally parallel with
the ocean strand. It shall be unlawful to place any obstruction on the
beach in a position that will interfere with the ground level vision of a
lifeguard to see the water and the lifeguard stands on either side of him
or her. (Code 1980, § 7-10-8)
Sec. 5-9. Depositing Refuse, Etc., On
Beach Or In The Water:
It shall be unlawful for any person to
throw or deposit, or cause or permit to be thrown or deposited, any glass,
bottle, glassware, can or pieces thereof or any garbage, waste or refuse
of any kind on the public beach or in the waters adjacent to the public
beach.
(Code 1980, § 7-10-9)
Sec. 5-10. Operation Of Boats In Manner
Endangering Bathers:
It shall be unlawful for any person to
operate or pilot a boat in the waters of the Atlantic Ocean
abutting the city within 400 yards of the point where the ocean adjoins
the strand within the city or elsewhere along the public beach in any
manner as to create a hazard to bathers.
Sec. 5-11. Operation Of Motorboats,
Etc., In A Reckless Manner:
No person shall operate any motorboat, jet
ski or other vessel or manipulate any skis, surfboard or similar device in
a reckless or negligent manner so as to endanger the life, limb or
property of any person.
(Code 1980, § 7-10-11; Ord. No. 91-27, § 2,
7-9-91)
Sec. 5-12. Operation Of
Motorboats, Etc., While Intoxicated:
No person shall operate any motorboat, jet
ski or other vessel or manipulate any skis, surfboard or similar device
when intoxicated or under the influence of any narcotic drug, barbiturate
or marijuana.
(Code 1980, § 7-10-12; Ord. No. 91-27, § 3,
7-9-91)
State law reference-Similar
provisions, S.C. Code 1976, § 50-21-110(2).
Sec. 5-13. Changing Clothing In Public
Lavatories:
It shall be unlawful for any person to
undress or to put on a bathing suit, change from a bathing suit to normal
clothes or change from normal clothes to a bathing suit in any public
lavatory or toilet room in the city without obtaining permission or
consent from the owner or proprietor. (Code 1980, § 7-10-13)
Cross reference-Dressing or
undressing in a motor vehicle restricted, § 14-4.
Sec. 5-14. Authority Of Beach
Patrol Officers As To Swimmers:
(a) Those persons who
shall be duly appointed as deputies or constables, or who are police
officers of the city, shall have the power and authority to supervise and
regulate surf fishing, physical activities and swimming on the beaches,
strand and the Atlantic Ocean within the jurisdiction of the city, and in
those areas shall the responsibility to maintain peace and order. The
deputies, constables and or city police officers shall have the power and
authority to recall from the ocean waters and the surf adjoining the
waters any person who shall be in the ocean waters a distance of more than
50 yards from the point where the ocean adjoins the strand, or who shall
be more than shoulder deep at any time, or who shall be engaging in any
aquatic activity whatsoever within 150 feet of any pier; or when the
person shall be in danger of drowning or becoming imperiled, or may
imperil the safety of others, all of which shall be determined in the
discretion of the deputies, constables, police officers or its guards
authorized by them. Further, those personnel shall have authority to
recall from the ocean waters and th surf adjoining the water any person
who shall be in the ocean waters at any distance at any time when the
condition of the wind, water, weather or an hazard, including the physical
or mental condition of the person in the ocean waters, shall be such, in
the discretion of the those personnel as hereinabove described, as to
constitute a danger to the health, life or safety of that person or to
other persons within the ocean waters.
(b) Any person who shall fail to obey the
directions and instructions of the personnel with regard to any of the
matters and things above set forth over which they have power and
authority, shall be guilty of a misdemeanor, and shall be subject to
arrest by the personnel and shall be subject to punishment as provided in
section 1-9. (Code 1980, § 7-10-14)
Sec. 5-15. Solicitation On Beaches:
(a) Findings. The city council has
made the following findings:
(1) That the public beach is a public
area which is open and accessible to all persons;
(2) That the public beach is maintained
and subjected to reasonable regulation by the city in order to promote
the health, safety, welfare and morals of all persons using the beach;
(3) That the public beach provides a
unique area for all persons to pursue peaceful relaxation and quiet
enjoyment in a reasonable manner;
(4) That the public beach has been and
continues to be a unique public recreation area, different in respect to
all other public areas within the municipality;
(5) That it is desirable and necessary to
preserve the unique nature of the public beaches and to protect all
persons who utilize the beaches from undue annoyance, disturbance and
inconvenience.
(b) Certain activities on beaches
prohibited. It shall be unlawful for any person, organization,
society, association or corporation, or any agent, member or
representative thereof, directly or indirectly, to solicit property,
business or financial assistance of any kind, to distribute free product
samples, admission passes, or entry tickets, to conduct any sales or
rental business, to sell or offer to sell any article, good, publication,
subscription or other thing of value, in the area previously defined in
this chapter as the public beach.
(c) Exceptions. This section shall
not apply to the operation of water safety franchises granted by the
council for the purpose of ensuring lifeguard services on the beach.
(d) Penalties. Any person violating
any of the provisions of this section shall be punished as provided for in
section 1-9.
(Code 1980, § 7-10-15; Ord. No. 92-15,
3-24-92)
Sec. 5-16. Flotation Devices:
(a) All flotation devices which are not
attached in a secure manner to one's person must be fabric covered and
have a 360 degree rope (three-eighths-inch minimum diameter) with a ten
percent slack. Those devices not meeting these requirements will not be
permitted on the surf or in the water. This section does not apply to
surfboards and skimboards.
(b) All retail outlet stores licensed by
the city and which sell beach equipment such as chairs, umbrellas, floats
and other personal flotation devices must display prominently a copy of
subsection (a) of this section relating to flotation devices in that place
of business. (Code 1980, § 7-10-16)
See. 5-17. Glass On Beaches:
It shall be unlawful for any person to take
any glass bottle, drinking glass or other glass utilities on the beaches
and the strand within the city. (Code 1980, § 7-10-17)
Sec. 5-18. Operation of jet skis.
It shall be unlawful to operate any jet ski
in the waters of the Atlantic Ocean abutting the city within 100 yards of
the point where the ocean adjoins the strand during the period from April
15th to September 15th of any year, except that jet skis may be launched
from and returned to the beach on a course approximately perpendicular to
the beach. When launching or returning as described above, the jet ski
shall be operated as slowly as surf conditions shall permit and in such a
manner as to avoid all swimmers or other persons in the water. For the
purposes of this chapter, the term jet ski shall include wave riders and
any other similar vehicles by whatever name.
Sec. 5-19. Launching jet skis and motor
boats.
Notwithstanding the provisions of section
5-10 and 5-18 above, it shall be unlawful to launch jet skis and motor
boats from the beach or return them to the beach from April 15th to
September 15th of any year at any point along the oceanfront in the areas
of the TA-180 zone south of 29th Avenue South to 31st Avenue North and
from 69th Avenue North to 77th Avenue North. Provided, however, this
prohibition shall not apply to licensed operators, as of the effective
date of this ordinance, who operate banana boats and parasailing rides.
Said operators may continue their current watersport activities south of
29th Avenue south, at the Swash at 3rd Avenue South, between 8th and 9th
Avenue North. Provided, however, said operators shall, in consultation
with the Beach Patrol, mark off a "safe zone" channel in the surf zone, 50
to 100 feet wide for jet skis to enter and exit the water. Further, the
operator shall provide at least two personnel on the beach. One in the
water to help keep people out of the safe zone and to assist in the
launching and beaching of the jets skis, and one on the beach to assist
the customers and to keep people from going into the safe zone. Operators
shall follow all applicable Federal and State boating and safety
regulations.
No ticket sales or advertising shall be
allowed on the publicly owned beach.
Jet skis may be refueled at water's edge,
so long as it is done in a safe and prudent manner. In the event of
spillage, the operator shall contain the spill and shall immediately
notify the Beach Patrol.
Sec. 5-20. Fires Prohibited:
It shall be unlawful for any person to
build any fire or use any propane fired grill or other cooker heated by
fire on any public beach, public beach access, street end adjacent to the
beach, or any city-owned land immediately adjacent to the beach at any
time.
(Ord. No. 93-36, 7-27-93, 2000-25, 2002-18)
© Copyright 2004, The City of Myrtle Beach. All rights
reserved.
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