H 3589 General Bill, By J. Smith and Lourie
 A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC
 OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY PENALTY AND THE LENGTH OF
 TIME FOR PUBLIC SERVICE WORK THE COURT SHALL IMPOSE.

   02/23/99  House  Introduced and read first time HJ-9
   02/23/99  House  Referred to Committee on Judiciary HJ-10

TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY PENALTY AND THE LENGTH OF TIME FOR PUBLIC SERVICE WORK THE COURT SHALL IMPOSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-11-700(C) of the 1976 Code, as amended by Act 63 of 1991, is further amended to read:

"(C) (1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than one two hundred dollars nor more than two five hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five fifteen hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two five hundred dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five fifteen hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) For a second and subsequent convictions under the provisions of items (1) or (2) of this subsection, a minimum of twenty thirty hours of community service must be imposed in addition to a fine.

(5) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6) Magistrates" and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section."

SECTION 2. This act takes effect July 1, 1999.