Bill 119

                    Current Status

Bill Number:               119
Ratification Number:       189
Act Number                 135
Introducing Body:          Senate
Subject:                   Littering

(A135, R189, S119)

AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

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

Littering; penalties increased

SECTION 1. Section 16-11-700(C) of the 1976 Code is amended to read:

"(C)(1) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than two hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court must also impose a minimum of five hours of litter-gathering labor or other such 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 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, provided, however, this shall not prohibit a private property owner from depositing litter or garbage as a property enhancement so long as the depositing does not violate applicable local or state health and safety regulations. In addition to any fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other such 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 any monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor, or other such public service as the court 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 conviction under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to any fine.

(5) In addition to any other punishment authorized by this section, in the sound discretion of any 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) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.