S 1088 Session 109 (1991-1992)
S 1088 General Bill, By D.L. Hinds
A Bill to amend Section 5-7-140, Code of Laws of South Carolina, 1976 relating
to the extension of police jurisdiction and authority of municipalities
bordering on the high-tide line of the Atlantic Ocean, so as to provide that
the city limits of municipalities bordering the high-tide line of the Atlantic
Ocean be extended to include all that area lying between the high-tide line
and the low-tide line.
11/11/91 Senate Prefiled
11/11/91 Senate Referred to Committee on Judiciary
01/14/92 Senate Introduced and read first time SJ-25
01/14/92 Senate Referred to Committee on Judiciary SJ-25
02/05/92 Senate Committee report: Favorable with amendment
Judiciary SJ-9
02/06/92 Senate Amended SJ-29
02/06/92 Senate Read second time SJ-29
02/11/92 Senate Read third time and sent to House SJ-11
02/12/92 House Introduced, read first time, placed on calendar
without reference HJ-12
02/19/92 House Debate adjourned until Thursday, February 27,
1992 HJ-29
02/27/92 House Debate adjourned until Thursday, March 5, 1992 HJ-2
03/05/92 House Committed to Committee on Judiciary HJ-14
03/31/92 House Committee report: Favorable with amendment
Judiciary HJ-32
04/15/92 House Debate adjourned until Wednesday, April 22, 1992 HJ-35
04/22/92 House Debate adjourned until Thursday, April 30, 1992 HJ-29
04/30/92 House Debate adjourned until Wednesday, May 13, 1992 HJ-2
05/13/92 House Debate adjourned until Wednesday, May 20, 1992 HJ-1
05/20/92 House Debate adjourned until Tuesday, June 2, 1992 HJ-28
06/02/92 House Debate adjourned until Thursday, June 4, 1992 HJ-18
06/04/92 House Debate adjourned HJ-24
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 31, 1992
S. 1088
Introduced by SENATOR Hinds
S. Printed 3/31/92--H.
Read the first time February 12, 1992.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1088), to amend Section 5-7-140,
Code of Laws of South Carolina, 1976, relating to the extension of
police jurisdiction, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all before the enacting
words and inserting:
/Whereas, there has been some confusion relating to determining the
corporate limits of municipalities bordering the Atlantic Ocean; and
Whereas, the purpose of this legislation is to clarify and correct the
law with regard to determining the corporate boundaries of these
municipalities. Now, therefore,/
Amend further by striking all after the enacting words and inserting:
/SECTION 1. Section 5-7-140 of the 1976 Code is amended to
read:
"Section 5-7-140. For the purpose of maintaining proper
policing and to provide proper sanitation, the police jurisdiction and
authority The corporate limits of any municipality
bordering on the high-tide high tide line of the Atlantic
Ocean or the high-water mark of any other navigable body of
water is extended to include all that area lying between the
high-tide high tide line and the low-tide low
tide line directly adjacent to the Atlantic Ocean. Such area does
not include any areas around inlets, sounds, or marshes which may
protrude inland from the Atlantic Ocean. or between the
high-water mark and the low-water mark. These areas, including areas
bordering on navigable bodies of water running through a municipality
or contained wholly within the municipality, are. This
area is subject to all the ordinances and regulations that may be
applicable to the areas lying within the corporate limits of the
municipality, and the municipal courts court
have has jurisdiction to punish individuals violating the
provisions of the a municipal ordinances
ordinance where the a misdemeanor
occurred occurs in the areas area
defined in this section. However, the extension of authority
provided by the movement of the municipal corporate line limit is
specifically limited to the governance of business activities, including
the sale or delivery of goods and services, on the sand or ground at the
level of the beach or on or from temporary or mobile structures in the
area, and does not apply to activities, including the construction or use
of permanent structures such as ocean front piers, conducted on the
permanent structures extending below the high tide line into the Atlantic
Ocean. Neither the police jurisdiction for the governance of personal
conduct as granted by any other laws nos the annexation laws of the
State are affected by this section."
SECTION 2. This act takes effect upon approval by the
Governor./
Amend title to conform.
DAVID H. WILKINS, for Committee.
A BILL
TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE
JURISDICTION AND AUTHORITY OF MUNICIPALITIES
BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC
OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF
MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE
ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT
AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-7-140 of the 1976 Code is amended to read:
"For the purpose of maintaining proper policing and to
provide proper sanitation, the police jurisdiction and authority
The police powers of any municipality bordering on the
high-tide line of the Atlantic Ocean or the high-water mark of any other
navigable body of water is extended to include all that area lying
between the high-tide line and the low-tide line or between the
high-water mark and the low-water mark. These areas, including areas
bordering on navigable bodies of water running through a municipality
or contained wholly within the municipality, are subject to all the
ordinances and regulations that may be applicable to the areas lying
within the corporate limits of the municipality, and the municipal
courts have jurisdiction to punish individuals violating the provisions of
the municipal ordinances where the misdemeanor occurred in the areas
defined in this section."
SECTION 2. This act takes effect upon approval by the Governor.
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