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H 3568
Session 114 (2001-2002)


H 3568 General Bill, By Kelley, Edge, Askins, Bowers, J. Brown, Cooper, Huggins, 
Keegan, Lloyd, Lucas, Merrill, Miller, J.R. Smith, Whatley 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.

   02/15/01  House  Introduced and read first time HJ-8
   02/15/01  House  Referred to Committee on Judiciary HJ-8
   02/27/01  House  Member(s) request name removed as sponsor: Jennings
   03/07/01  House  Member(s) request name removed as sponsor: Thompson
   04/03/01  House  Tabled in committee Judiciary



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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