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This listing is not an exhaustive listing
of all city laws. It is a representative sampling of city laws most often
asked about by members of the public.
Sec. 14-1. Alcoholic liquors:
(a) Definition: For the
purposes of this section, the term "alcoholic liquors" shall be construed
to mean any spirituous, malt, vinous, fermented, brewed (whether lager or
rice beer) or other liquors, or any compound or mixture thereof, by
whatever name it is known, which contains alcohol and is used as a
beverage. It shall not apply to wine when manufactured or made for home
consumption and which is not sold by the manufacturer thereof or by any
other person or to any beverage declared by state law to be nonalcoholic
or nonintoxicating.
State law reference-Similar provisions,
S.C. Code 1976, § 61-3-20.
(b) Compliance with state law as to
possession, transportation, manufacture, etc: It shall be unlawful
for any person to manufacture, store, receive, have in possession,
transport, buy, sell, barter, exchange or deliver any alcoholic liquors in
the city, except as permitted by state law. It shall be unlawful for any
person to have in his possession or to purchase or otherwise
procure, within the city, any alcoholic liquors other than that as shall
have been purchased from a dealer duly licensed by the state, or which
does not have affixed thereto revenue stamps required under the laws of
the state.
State law reference-Similar provisions,
S.C. Code 1976, § 61-13-250.
(c) Drinking prohibited in specified
places. it shall be unlawful for any person within the city to:
(1) Publicly engage in the drinking of
alcoholic liquors, beer, ale, porter, wine or any other similar malt or
fermented beverage.
(2) Publicly engage in the drinking of
alcoholic liquor, beer, ale, porter, wine or any other similar malt or
fermented beverage in the presence of a passenger in either a privately
or publicly owned vehicle.
(3) Engage in the drinking of alcoholic
liquor, beer, ale, porter, wine or any other similar malt or fermented
beverage upon any premises upon which an athletic contest is being
conducted.
(d) Prohibited activities for holder
ofbeer or wine permit: It shall be unlawful for any person holding
a permit authorizing the sale of beer or wine in the city to sell beer or
wine on the licensed premises to a minor under the age of 21 years or to
an intoxicated person, to permit gambling, games of cnance, immoral
entertainment or public nuisance thereon, or to sell, offer for sale or
have on the premises any beverage or alcoholic liquors prohibited by law.
State law reference-Similar provisions, S.C. Code 1976, § 61-9-410.
(e) Employment of minors in liquor
business prohibited.: It shall be unlawful for any person under
the age of 21 years to work as employee or other- wise in a retail,
wholesale or manufacturing liquor business in the city. It shall be
unlawful for any person to knowingly employ any person under the age of 21
years to work as an employee or otherwise in a retail, wholesale or
manufacturing liquor business.
(h) Sale, delivery or purchase of
alcoholic beverages by minors prohibited: It shall be unlawful for
any minor under the age of 21 years to sell, deliver, purchase or receive
any beer, wine or other alcoholic beverages. State law reference-Similar
provisions, S.C. Code 1976, § 61-9-40 et seq.
(g) Permitting minor employees to
sell or deliver alcoholic beverages: It shall be unlawful for any
person to allow any employee under the age of 21 years to sell or deliver
any beer, wine or other alcoholic beverages.
State law reference-Similar provisions,
S.C. Code 1976, § 61-13-290.
(Code 1980, §§ 7-2-1-7-2-7)
Sec. 14-2. Littering prohibited;
penalty:
(a) It shall be unlawful for any person,
without the written permission of the owner or respon- sible agency, to
dump or leave trash, refuse or garbage, or to otherwise litter, on any
property belonging to another on or along any waters, highways, streets or
sidewalks within the incorporated limits of the city.
(b) Any violation of this section shall be
punishable in accordance with section 1-9 and addi- tionally any person
found guilty of violating this section may be required to remove the
trash, refuse or garbage deposited in violation hereof. (Code 1980, §
6-1-2)
Sec. 14-3. Sleeping in motor vehicles
at night prohibited:
It shall be unlawful for any person to
sleep in any automobile or other motor vehicle in the city between the
hours of 9:00 p.m. and sunrise in any public area.
(Code 1980, § 9-1-34)
See. 14-4. Dressing or undressing in a
motor vehicle restricted:
It shall be unlawful for any person to
dress or undress in any automobile or other motor vehicle in such a manner
as to indecently expose their body in so doing.
(Code 1980, § 9-1-35)
Sec. 14-5. Drug paraphernalia:
(a) "Drug paraphernalia" means any
instrument, device, article, or contrivance used, designed for use, or
intended for use in ingesting, smoldng, administering, injecting, or
preparing marijuana, hashish, hashish oil, cocaine or other controlled
substances. This definition of drug paraphernalia shall not include
cigarette papers or tobacco pipes unless there are extenuating
circumstances such as, but not limited to, if residue of a controlled
substance is found on or in a pipe or if either the paper or pipe is in
close proximity to, or in the same container as, a controlled substance at
the time of discovery.
(b) It shall be unlawful for any person to
advertise for sale, manufacture, possess, sell or deliver, or to possess
with the intent to deliver or sell drug paraphernalia.
(c) In determining whether an object is
paraphernalia, the following factors, in addition to all other relevant
factors, shall be considered:
(1) Statements by an owner or by anyone
in control of the object concerning its use;
(2) The proximity of the object to
controlled substances;
(3) The existence of any residue of
controlled substances on the object;
(4) Direct or circumstantial evidence of
the intent of an owner, or of anyone in control of the object, to
deliver it to persons whom he knows, or should reasonably know, intend
to use the object to facilitate a violation of law; the innocence of an
owner, or of anyone in control of the object, as to a direct violation
of law shall not prevent a finding that the object is intended for use,
or designed for use as drug paraphernalia;
(5) Instructions, oral or written,
provided with the object concerning its use;
(6) Descriptive materials accompanying
the object which explain or depict its use;
(7) National and local advertising
concerning, its use;
(8) The manner in which the object is
displayed for sale;
(9) Whether the owner, or anyone in
control of the object, is a legitimate supplier of like or related items
to the community, such as a licensed distributor or dealer of tobacco
products;
(10) Direct or circumstantial evidence of
the ratio of sales of the object to the total sales of the business
enterprise;
(11) The existence and scope of
legitimate uses for the object in the community;
(12) Expert testimony concerning its use.
(Ord. No. 94-40, 8-23-94)
Secs. 14-6-14-20. Reserved.
Sec. 14-21. Assault; assault and
battery:
It shall be unlawful for any person to
commit assault or assault and battery upon any person within the city.
Sec. 14-22. Aggressive solicitation:
(a) No person shall aggressively solicit
from another person money or something of value on any street or other
place that is open to the public, whether publicly or privately owned. For
the purpose of this section, the term "aggressively solicit" shall mean
that:
(1) The solicitor's conduct causes a
reasonable solicitee to fear for his or her safety;
(2) The solicitor intentionally blocks
the path of the solicitee; or
(3) The solicitor follows the solicitee
while demanding money or something of value after the solicitee informs
the solicitor by words or conduct that the solicitee does not want to
give the solicitor money or some other thing of value to which he or she
is not entitled under law.
(b) Nothing in this section shall be
construed to amend or repeal the provisions of chapter 11 of this Code
which requires that a solicitor obtain a permit or certificate of
registration from the city. (Ord. No. 94-08, 2-22-94)
Sec. 14-23. Obstruction of passage:
It shall be unlawful for any person,
individually or in concert with one or more other persons, to obstruct the
passage of any person or vehicle through or upon any public right-of-way,
park or public place.
(Ord. No. 94-23, 4-12-94)
Secs. 14-24-14-40. Reserved.
Sec. 14-41. Property of city; injury,
destruction, etc:
It shall be unlawful for any person to
mutilate, injure, pluck, break, move, tear up or carry away any sign,
poster, notice, plant, shrub, flower, tree, fence or any other property of
any kind or nature belonging to the city, or to in any manner injure any
property of any kind or nature belonging to the city.
(Code 1980, § 9-1-28)
Sec. 14-42. Trespass:
(a) No person shall enter upon the lands or
premises owned or in possession of another, after notice from the owner or
person in possession prohibiting an entry.
(b) No person shall enter upon the lands or
premises owned or occupied by another for any other than a legitimate
cause.
(c) No person shall fail or refuse to leave
lands or premises owned or occupied by another, after being requested to
do so.
(d) No person shall enter in or upon
private or public property for the purpose and design of creating or
inciting a disturbance, or when any entry might be calculated to create or
incite a disturbance.
(Code 1980, § 9-1-33)
State law reference-Similar provisions,
S.C. Code 1976, § 16-11-600 et seq.
Secs. 14-43-14-60. Reserved.
Sec. 14-61. Disorderly conduct:
It shall be unlawful for any person to
commit any breach of the peace, conduct himself in a dis- orderly manner,
be publicly drunk or under the influence of intoxicating beverages, be
loud and boisterous or conduct himself in such a manner as to disturb the
peace and quiet of the public. (Code 1980, § 9-1-7)
State law reference-Disorderly
conduct, drunkenness, etc., S.C. Code 1976, § 16-17- 530.
Sec. 14-63. Resisting arrest:
It shall be unlawful for any person to
knowingly or willfully resist an arrest which is being made by a police
officer, or to hinder or obstruct any police officer in the act of
arresting any person. (Ord. No. 94-14, 3-8-94)
Secs. 14-64-14-80. Reserved.
Sec. 14-81. Nudity:
It shall be unlawful for any person to
appear in the nude on any of the streets, avenues, alleys, parks, beaches
or any other public property within the corporate limits.
(Code 1980, § 9-1-21)
Sec. 14-82. Voyeurism:
It shall be unlawful for any person to
enter upon the private property of another or to spy or look into the
doors or windows of any building located on any private property.
(Code 1980, § 9-1-26)
Sec. 14-83. Indecent exposure
(NOTE: This law makes the wearing of "thong" bathing suits and similar
clothing illegal in public, including on the beach.):
(a) It shall be unlawful for any person to
intentionally appear in any public place in such a state of dress or
undress so as to expose to the view of others the human male or female
genitals, pubic area, pubic hair, buttocks, anus, vulva or any portion of
the female breast at or below the areola thereof.
(b) Upon determination that any person is
in violation of this section, a police officer shall issue a warning to
the offending person and afford that person an opportunity to properly
cover himself or herself or leave the public place. If the offending
person does not immediately and appropriately respond to the warning, he
or she shall be charged with a violation of this Code.
(c) For the purpose of this section only,
establishments within which regulated adult businesses are permitted as
provided by the Zoning Ordinance of the City of Myrtle Beach, are not
considered to be public places.
(Ord. No. 93-33, 7-27-93)
© Copyright 2004, The City of Myrtle Beach. All rights
reserved.
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