H 4814 Session 112 (1997-1998)
H 4814 General Bill, By Kelley, Barfield, Edge, Keegan and Witherspoon
A BILL 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 SUCH REGULATION.
03/17/98 House Introduced and read first time HJ-6
03/17/98 House Referred to Committee on Judiciary HJ-6
A BILL
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 SUCH 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
ordinance including penalty provisions shall 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 may by their terms be made to apply only to
those parts of the county where because of population density or
contiguity to municipalities the public safety requires such
regulation; and"
SECTION 2. This act takes effect upon approval by the Governor.
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