H*2740 Session 104 (1981-1982)
H*2740(Rat #0566, Act #0456 of 1982) General Bill, By A. Hardy
A Bill to amend Act 554 of 1978, relating to unlawful acts at parks under the
jurisdiction of the South Carolina Department of Parks, Recreation and
Tourism, so as to provide for certain authority of park rangers,
superintendents and other officials at such parks, to further provide for acts
which shall be unlawful at such parks, to provide penalties for violations,
and to provide that information concerning such prohibited acts shall be
published and displayed in conspicuous places so as to be availabe for
visitors and employees.-at
04/14/81 House Introduced and read first time HJ-1810
04/14/81 House Referred to Committee on Agriculture and Natural
Resources HJ-1810
05/13/81 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2348
05/20/81 House Debate adjourned HJ-2505
05/20/81 Senate Ordered to third reading with notice of amendments SJ-6
05/20/81 House Amended HJ-2506
05/20/81 House Read second time HJ-2511
05/21/81 House Read third time and sent to Senate HJ-2591
05/27/81 Senate Introduced and read first time SJ-18
05/27/81 Senate Referred to Committee on Fish, Game and Forestry SJ-18
06/17/81 Senate Committee report: Favorable Fish, Game and
Forestry SJ-8
06/24/81 Senate Referred to Committee on Judiciary SJ-9
06/01/82 Senate Recalled from Committee on Judiciary SJ-6
06/01/82 Senate Read second time SJ-6
06/01/82 Senate Ordered to third reading with notice of amendments SJ-6
06/02/82 Senate Read third time and enrolled SJ-96
06/03/82 House Ratified R 566 HJ-3947
06/09/82 Signed By Governor
06/09/82 Effective date 06/09/82
06/09/82 Act No. 456
07/08/82 Copies available
(A456, R566, H2740)
AN ACT TO AMEND ACT 564 OF 1978, RELATING TO UNLAWFUL ACTS AT PARKS UNDER THE
JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM,
SO AS TO PROVIDE FOR CERTAIN AUTHORITY OF PARK RANGERS, SUPERINTENDENTS AND OTHER
OFFICIALS AT SUCH PARKS, TO FURTHER PROVIDE FOR ACTS WHICH SHALL BE UNLAWFUL AT
SUCH PARKS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT INFORMATION
CONCERNING SUCH PROHIBITED ACTS SHALL BE PUBLISHED AND DISPLAYED IN CONSPICUOUS
PLACES SO AS TO BE AVAILABLE FOR VISITORS AND EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful acts in state parks
Section 1. Section 1 of Act 554 of 1978 is amended to read:
"Section 1. It shall be unlawful for any person to commit any of the
following acts at any park or facility under the jurisdiction of the Department
of Parks, Recreation and Tourism:
(A) Destroying, defacing, disturbing, disfiguring or removing any part of any
building, sign, structure or equipment.
(B) Killing, harming or harrassing any mammal, bird, reptile or amphibian,
except by permit issued by the Department or by permit issued by the South
Carolina Wildlife and Marine Resources Department for designated Game Management
Areas.
(C) Hunting in any area, with the exception of those that may be designated as
Game Management Areas.
(D) Destroying, cutting, breaking, removing, defacing, mutilating, injuring,
taking or gathering any tree, shrub, other plant or plant part, rock, mineral or
geological feature except by permit issued by the Department.
(E) Building any fire in any place other than those specifically designated for
such a purpose.
(F) Disposing of litter, garbage or other refuse in places or receptacles other
than those specifically provided for such purpose. Such unlawful disposing of
litter, garbage or refuse shall include:
(1) Dumping any refuse or waste from any trailer or other vehicle except in
places or receptacles provided for such use.
(2) Cleaning fish or food, or washing clothing or articles for household use
in any sink or at any faucet located in restrooms.
(3) Polluting or contaminating any water used for human consumption.
(4) Using park refuse containers or facilities for dumping household or
commercial garbage or trash brought as such from private property.
(5) Depositing, except into receptacles provided for that purpose, any body
waste, or depositing any bottles, cans, clothes, rags, metal, wood, stone or
other damaging substance in any fixture in any restroom or other structure.
(G) Possessing any firearm, airgun, explosive or firework except by duly
authorized park personnel, law enforcement officers or persons using areas
specifically designated by the Department for use of firearms, airguns, fireworks
or explosives. Licensed hunters may have firearms in their possession during
hunting seasons provided that such firearms are unloaded and carried in a case
or the trunk of a vehicle except that in designated Game Management Areas where
hunting is permitted, licensed hunters may use firearms for hunting in the manner
authorized by law.
(H) Operating vehicles in a reckless manner, or in excess of posted speed
limits, or in areas other than those specifically intended for vehicular traffic.
A violation of the following provisions shall constitute the unlawful operating
of vehicles:
(1) Motorbikes, minibikes, mopeds, motorcycles, motor scooters, go-carts and
any other type motorized vehicle shall not be driven in any area or on any trail
not intended for their use. Only licensed motorized vehicles shall be allowed on
park roads.
(2) No motorized vehicle of any kind shall be allowed on horse trails, hiking
trails or beach areas.
(3) Motor vehicles shall not be driven on roads in developed recreation sites
for any purpose other than access into or egress out of the site.
(4) No motorized vehicle of any kind shall be operated at any time without a
muffler in good working order, or in such a manner as to create excessive or
unusual noise or annoying smoke, or using a muffler cut-off, by-pass or similar
device.
(5) No person shall excessively accelerate the engine of a motor vehicle or
motorcycle when such vehicle is not moving or is approaching or leaving a
stopping place.
(6) Vehicles shall not be permitted in a cabin or camping area unless the
operator thereof is a registered guest within the area, except for the expressed
intent of renting such area or with prior permission of authorized park
officials.
(I) Using privately owned boats or gasoline motors on any waters lying wholly
within the boundaries of the park or facility, except in water where specifically
authorized, and in such case boat users shall obey all posted rules and
regulations.
(J) Consuming or displaying in public any beverage of alcoholic content,
including beer and wine, except where specifically authorized by the Department.
(K) Acting in a disorderly manner or creating any noise which would result in
annoyance to others. Acting in a disorderly manner shall include inciting or
participating in riots, or indulging in boisterous, abusive, threatening,
indecent or disorderly conduct. In addition to other authorized penalty
provisions anyone in violation of this subsection may be ejected from the park
and shall not be entitled to a refund of any fee or rental.
(L) Entering or remaining within the limits of the park or facility while in
an intoxicated or drugged condition.
(M) Operating or using any audio device, including radio, television, musical
instruments or any other noise producing devices, such as electrical generators,
and equipment driven by motor engines, in such a manner and at such times as to
disturb other persons and no person shall operate or use any public address
system, whether fixed, portable or vehicle mounted, except when such use or
operation has been approved by the Department.
(N) Engaging in or soliciting business within a park or facility except where
authorized by the Department and no person shall distribute, post, place or erect
any bills, notices, paper or advertising device or matter of any kind without
consent of the Department.
(O) Swimming in areas not designated for that purpose and failing to obey all
posted rules while swimming.
(P) Bringing a dog or any other animal into the park or facility unless it is
crated, caged or upon a leash not longer than six feet or otherwise under
physically restrictive control at all times. For this purpose:
(1) No person shall keep in the park or retain in the park a noisy, vicious
or dangerous dog or animal or one which is disturbing to other persons after he
has been asked by a park official to remove such animal.
(2) No person shall bring saddle, pack or draft animals into a site which has
not been developed to accommodate them.
(Q) Entering a facility or area without regard to restrictions on public use.
These restrictions on public use shall include the following provisions and a
violation of such provisions shall be considered to be a violation of this
subsection:
(1) Parks shall be open during daylight hours except where otherwise
specifically authorized and no person shall be admitted to or allowed to remain
in the park after the designated closing hour except for the purpose of cabin
rentals or camping unless such person has permission of the Department.
(2) No person shall make, use or gain admittance to or attempt to use or gain
admittance to facilities within any park, for which a charge is made, without
paying the fee.
(3) No person shall remain within any facility if he refuses to pay the
required fee to enter and use the facility or service in a posted, designated fee
area.
(4) No person shall enter any park or any park area or facility when it is
closed to the public.
(5) No person shall wilfully provide erroneous information for any campsite
or cabin registration.
(6) Minors under eighteen years of age shall register for a cabin or campsite
only as agents acting for their parent or guardian.
(7) No person or persons shall occupy a campsite for a consecutive period
longer than fourteen days without permission from the Department.
(8) No person or persons shall occupy a cabin or lodge room for a consecutive
period longer than seven days without permission from the Department."
Park rangers, etc., powers
Section 2. Act 554 of 1978 is amended by adding:
"Section 1A. Park rangers, superintendents and other officials, who shall
be designated by the Department of Parks, Recreation and Tourism and who have
been appointed by the Governor as state constables, shall in the exercise of
their duties have the following authority:
(A) Each designated park ranger, superintendent or other official shall have
the authority to issue an official summons to any person apprehended for
violating any law, the enforcement of which by a state constable is authorized
by law, and such summons duly served shall give the proper judicial official
jurisdiction to dispose of the matter after trial upon the date set in the
summons.
(B) When any person is apprehended by a designated park ranger, superintendent
or other official upon a charge of violating any law, the enforcement of which
by a state constable is authorized by law, the persons so being charged, upon
being served with the official summons issued by such arresting officer and in
lieu of being immediately brought before the proper judicial official to enter
into a formal recognizance or make direct the deposit of a proper sum of money
in lieu of a recognizance or incarceration, may deposit with the apprehending
officer a sum of money as bail, not less than the minimum nor more than the
maximum fine but in no case to exceed the sum of two hundred dollars. Such sum
shall be turned over to the judicial official as money for bail, in lieu of
entering into a recognizance for his appearance for trial as set in the aforesaid
summons or being incarcerated by the arresting officer and held for further
action by the appropriate judicial official. A receipt for such sum so deposited
shall be given to such person by the arresting officer. The summons duly served
as herein provided shall give the judicial official jurisdiction to dispose of
the matter. Upon receipt of the fixed sum of money, the arresting officer may
release the person so charged for his further appearance before the proper
judicial official as provided for and required by the summons."
Penalties
Section 3. Section 2 of Act 554 of 1978 is amended to read:
"Section 2. Any person violating the provisions of Section 1 of this act
shall be deemed guilty of a misdemeanor and upon conviction shall be fined not
less than twenty-five dollars nor more than two hundred dollars or imprisoned for
not more than thirty days."
Prohibited acts to be published and displayed
Section 4. Act 554 of 1978 is amended by adding:
"Section 2A. The articles and acts prohibited by Section 1 of this act
shall be published and displayed in conspicuous places so as to be available for
visitors and employees."
Time effective
Section 5. This act shall take effect upon the approval by the Governor. |