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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 references: Definitions and rules of construction generally, § 1-2.
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)
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. (Code 1980, § 7-10-3) Cross references: Animals, § 4-8.
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)
(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)
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)
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)
(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. (Code 1980, § 7-10-8)
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) Cross references: Health and sanitation, ch. 10. State law references: Dumping trash, refuse, etc., on ocean, S.C. Code 1976, § 16-11-700.
It shall be unlawful for any person to operate or pilot a boat in the waters of the Atlantic Ocean abutting the city within 200 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. (Code 1980, § 7-10-10; Ord. No. 91-27, § 1, 7-9-91; Ord. No. 2002-18, 4-9-02; Ord. No. 2004-67, 10-12-04)
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) State law references: Similar provisions, S.C. Code 1976, § 50-21-110(1).
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 references: Similar provisions, S.C. Code 1976, § 50-21-110(2).
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 references: Dressing or undressing in a motor vehicle restricted, § 14-4.
(a) Those person 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; Ord. No. 2002-18, 4-9-02)
(a) Findings. The council of the city 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) Cross references: Solicitations, § 11-121 et seq. (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) 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) Cross references: Solid waste management, ch. 17.
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 15 to September 15 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. (Ord. No. 91-27, § 4, 7-9-91; Ord. No. 2000-25, 5-23-00)
Notwithstanding the provisions of sections 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 15 to September 15 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 section, 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. (Ord. No. 92-52, 10-27-92; Ord. No. 2000-25, 5-23-00) 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)
(a) It shall be unlawful to leave any sailboat on the public beach after sunset and before sunrise each day except as provided herein: (1) Sailboats may be left overnight on the public beach provided the sailboat mast is lowered or all rigging is secured so that it will not make noise when blown by the wind. (2) Any sailboat on the public beach shall be positioned so that it does not restrict access by the public to the beach from any dune walkover or street end or obstruct passage by individuals or emergency vehicles moving along the beach. (3) When positioning or moving a sailboat, care must be taken to avoid any damage to the dune system. It shall be unlawful to place a sailboat on a dune or move a sailboat over a dune under any circumstances. (4) Sailboats left on the beach overnight must display on the starboard stern a beach permit decal issued by the city police department. Decals will be valid for the calendar year in which they are issued and shall be issued at no cost to the registrant. They may be obtained from any member of the Myrtle Beach Police Department Beach Patrol. To obtain a decal the applicant must provide the following information on a form provided by the police department: a. Name and address of the owner. b. Name and address of the applicant if not the owner. c. Day and evening telephone numbers where owner may be contacted. d. Description of the sailboat to include registration or title information. e. If not a resident of Horry County, the local address and telephone number at which the applicant may be reached and the date on which the applicant will be leaving the local area. (b) It shall be unlawful to store a sailboat on private property unless the rigging is secured to prevent the load and annoying noises which frequently occur when the wind blows through the rigging from being heard on any other private property. (c) Sailboats which are left on the beach in violation of the provisions of (a) above for a period in excess of seven consecutive days may be removed by order of the chief of police. After being removed such sailboat shall be kept in storage for no less than 90 days during which time every reasonable effort will be made by the chief of police to identify the owner of the sailboat and provide notice to the owner that the sailboat has been removed and impounded. Such notice shall include the fact that the owner may reclaim the sailboat by satisfying any fine which may be due for violating the provisions of this section and by paying the cost of removal and storage. if the sailboat's owner has not been identified by other means within 30 days of impoundment, the chief of police shall cause a notice to be published in a newspaper of general circulation in Horry County that the sailboat has been impounded and may be reclaimed as provided above. An impounded sailboat which has not been claimed by the rightful owner after 90 days may be sold and any proceeds of the sale remaining after the expenses of the sale, the costs of removal, storage and publication of notice have been paid shall be transferred to the general fund of the city. (Ord. No. 97-56, 8-26-97)
(a) The beach advisory committee shall adopt its own rules of procedure and by-laws subject to approval by city council. (b) The beach advisory committee shall meet as often as it shall deem necessary to study issues of particular significance to the preservation and development of the beach. (c) The beach advisory committee shall submit a report to city council in March of each year which shall advise council on the activities of the committee for the preceding year, and submit the committee's recommendations, if any, for action to be taken by city council. (d) The beach advisory committee shall be encouraged to coordinate its studies and activities with existing city boards and commissions to eliminate duplication of effort and take maximum advantage of the resources and information which may be available.
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