§ 10-22. Nuisances.

(a)

Nuisances affecting public health. The following are hereby declared to be nuisances affecting public health:

(1)

All decayed or unwholesome food products or food waste not properly contained either inside or outside for more than 24 hours before pickup;

(2)

Reserved.

(3)

All pools of stagnant water or vessels holding stagnant water in which mosquitoes can breed, excluding required retention ponds;

(4)

Swimming pools which either (i) are empty, excluding such pools that are completely and effectively covered, or (ii) contain liquids and/or debris which are not bacteriologically, chemically or physically safe for swimming or other intended uses;

(5)

Animal carcasses not buried or disposed of in a lawful and sanitary manner within 24 hours after its death;

(6)

Leaking septic tanks or sewer lines or other sewage existing in an unsanitary manner;

(7), (8)

Reserved.

(9)

Deliberate placement or discharge of into any part of a stormwater drainage system of: untreated sewage, sewage solids, process wastewater, refuse, explosive or combustible liquid, solid or gas, oils, greases, industrial water or other polluted water except where a federal, state or local permit for connections, discharge or disposal has been obtained prior to the event; or waters or wastes containing toxic or poisonous wastes to constitute a hazard to humans, plants or animals or to cause corrosion, discoloration or deposition on real or personal property; or any solid or viscous substances in such quantities or of such size capable of causing obstruction to the flow in the stormwater drainage system or other interference with the proper operation of the drainage system of the city.

(10)

Motorcycle rallies, regardless of the intervals, the passage of time, or the length of time between the events, that result in the pervasive and continual clamor and noise, litter, and congestion of large number of persons and vehicles resulting from a promotion, for individuals to attend rallies by event promoter identifying or claiming Myrtle Beach as the gathering or focal location and the event requires a heightened law enforcement response or a heightened intensity of law enforcement response, or a public resource response of such disproportionate expenditure when compared to normal tourism. Those event promoters that sponsor such public nuisances shall be responsible for the public costs arising therefrom, as set forth in this article.

(b)

Nuisances offending public decency, peace and order. The following are hereby declared to be public nuisances affecting public decency, peace and order, whether such violations are of an intermittent, cyclical, continual, reoccurring or constant nature; and when the responsible party generates, enables, or contributes to the occurrence of the unlawful behavior by an absence or failure of property management policy or practice, absence or failure of control over the property, absence or failure of supervision of guests or invitees, absence or failure of security measures.

(1)

Any structure, whether commercial or residential, where gambling devices, slot machines, punch boards and other such contrivances of similar character involving any elements of chance as a consideration or any type of gambling, bookmaking, wagering or betting is carried on, and all gambling equipment, except where such specific form of gambling is permitted by applicable law;

(2)

Any structure, whether commercial or residential, operated as a bawdy house, house of assignation, place of prostitution or used and maintained for the commercial or criminal purposes of unlawful sexual activity in violation of federal, state or local law;

(3)

Any structure, whether commercial or residential, where intoxicating liquors are manufactured, sold, bartered or given away in violation of federal, state or local law, or where intoxicating liquors kept for sale, barter or distribution in violation of federal, state or local law, and all liquors, bottles, kegs, pumps, bars and other property kept at and used for maintaining such a place, or where required safety plans are not in place, or where persistent violations of law occur under a failed or ineffective safety plan, as required by chapter 14;

(4)

Any structure, whether commercial or residential, where acts of sale, possession or distribution of controlled substances occur in violation of federal, state and local law;

(5)

Any structure, whether a commercial operation or a residential use, where violations against the municipal code or state laws occur with disproportionate frequency or intensity that they require an excessive public safety response cost. Excessive public safety response means either the reasonable deployment of five or more law enforcement officers to the scene at any one time, or the reoccurring need for public safety or code personnel or emergency at the location when compared to the frequency or intensity of law or regulation enforcement required at other similarly situated structures.

(6)

Any overgrown, uninhabited, undeveloped or vacant land, lot or property not licensed or zoned for camping that has been identified by law enforcement as an area used by persons other than the owner as a area to inhabit or camp, or any overgrown, uninhabited, undeveloped or vacant land, lot or property used by persons as an area to flee or evade police upon approach, or used to avoid detection or investigation by law enforcement without regard to the time of day or night regarding such conduct, as identified by a citizen or police reported incident level of more than two times in a 60-day period.

(7)

Reentry upon a specified public place, after being ejected and excluded from a public place as a result of conduct that placed themselves or others in potentially dangerous situations on public places by disobedience to beach safety rules, disorderly conduct or breaches of the peace. (See division 5 of this chapter and this article).

(c)

Nuisances affecting public welfare and safety. The following are hereby declared to be public nuisances affecting public welfare and safety:

(1)

All trees, hedges, signs or other obstructions, or any portion of the same, so located on private property which prevent persons driving vehicles approaching an intersection of streets from having a clear safe view of traffic approaching such intersection, pursuant to Code of Ordinances, Appendix A, §§ 204.99 and 910.15;

(2)

All trees, hedges, signs or other obstructions, or any portion of the same so located on private property which prevents the clear and unobstructed view of a fire hydrant, fire department connection or other fire protection device, or directional or identification signage pertaining to the above, from a public way;

(3)

Any obstruction, erosion or depression which poses a potential hazard to vehicles or pedestrians using a right-of-way on private property where the public is invited or permitted to traverse for commercial purposes;

(4)

All wires, strings, ropes or lighting contrivances over streets, alley or public grounds which are not authorized or permitted by the city or which are strung so that the lowest portion is less than 13½ feet above the surface of the ground;

(5)

All explosives, flammable liquids and other dangerous substances stored in any manner, in any amount other than that manner or amount permitted by law;

(6)

All hanging signs, awnings, canopies and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to ordinance;

(7)

Any motor vehicle that is unregistered, inoperable, derelict or abandoned on any highway or right-of-way, or other public or private property, unless such vehicle is stored inside of a building or protected from the elements by way of a complete covering;

(8)

Any abandoned or discarded icebox, refrigerator, ice chest or other type of air-tight container whose door, lid or other closing device has not been removed.

(9)

Any tents, trailers, structures, cooking devices, appliance, chairs, tables, coolers or other objects used in impromptu, unpermitted or unmanaged outdoor events or gatherings in a required parking area or landscaped area of a business license holder, or the site of any short-term residential rental, unless that such outdoor events that are specifically permitted through legislative or administrative action, or sponsored by the business license holder in compliance with regulations governing such outdoor events.

(10)

Reentry upon a specified public place, after being ejected and excluded from a public place as a result of conduct that placed themselves or others in potentially dangerous situations on public places by disobedience to beach safety rules, disorderly conduct or breaches of the peace. (See division 5 of this chapter and article).

(d)

Nuisances affecting public economy. The following are hereby declared to be public nuisances affecting the public economy:

(1)

All structures bearing graffiti, to be abated by applicable law;

(2)

All structures in violation of the International Property Maintenance Code, as adopted and all structures, for a period of one month, which remain unoccupied and boarded up, and whose exterior finish is destroyed, decayed, dilapidated or deteriorated in violation of the International Property Maintenance Code, as adopted, provided however, unoccupied structures shall not be considered a public nuisance affecting public economy if the building exterior is weather tight and maintained for purposes of appearance and security according to the International Property Maintenance Code, and the material which secures the building is compatible with the exterior in appearance, color, texture and design, and the premises are kept in compliance with all applicable building, property maintenance, zoning, and land use laws;

(3)

All businesses or commercial enterprises operating without a valid, current and displayed business license;

(4)

All premises providing habitation that are found not in compliance with applicable licensing, zoning, land use laws and adopted codes;

(5)

All business with an outstanding arrearage of applicable city liens, taxes, fees, charges or assessments;

(6)

All premises which originate false fire or burglar alarms, as defined by applicable law.

(7)

Regardless of the intervals, the passage of time, or the length of time between events, unpermitted special events or rallies of any nature or sort, promoting, inviting or claiming the City of Myrtle Beach as the gathering or focal location, and promoting, inviting and encouraging participants and vehicles to congregate in such numbers and such length of time, that it results to the detriment of the public health, safety and welfare of the citizens in terms of clamor and noise, traffic congestion and unsafety, and litter, or requires a law enforcement response and a heightened intensity of law enforcement response, or a public resource response of such disproportionate expenditure when compared to normal tourism; those persons or legal entities of any status that enable, sponsor or advertise such unpermitted special events and rallies to be held within the city limits shall be responsible for the costs, as set forth in this article, arising therefrom for holding an unpermitted special event in the city limits.

(Ord. No. 2002-49, 10-22-02; Ord. No. 2007-22, 4-24-07; Ord. No. 2007-55, 8-28-07; Ord. No. 2008-79, 10-28-08; Ord. No. 2009-27, § 1, 5-12-09; Ord. No. 2013-6, 1-22-13; Ord. No. 2014-28, § 2, 5-13-14; Ord. No. 2014-74, 9-23-14; Ord. No. 2015-33, 4-28-15)

State law reference

Failing to remove doors from abandoned air-tight containers, S.C. Code 1976, § 16-3-1010.

Cross reference

Disposal of appliances, § 17-25(7).