§ 10-70. Purpose.

(a)

The purpose of this division is to achieve a balance between a person's interest in non-injurious access and use of public property and the public's expectation of reasonable access and appropriate use of public property without interference by a person or persons who have engaged in public nuisance behavior or criminal activity that resulted in an exclusion. In achieving this balance, the city would abate, albeit temporarily, the public nuisance that arises from the intentional misuse of public property by dangerous, disruptive and illegal conduct by a person. The city's use of a temporary denial of access by a nuisance offender is intended to enable the full and appropriate use of public property by protecting law abiding residents and tourists in their lawful use of public places.

(b)

The institution of a city wide ordinance to achieve the protection of public's expectation of non-injurious use of public property is enabled by Title 5 of the Code of Laws of South Carolina, specifically citing South Carolina Code of Laws § 5-7-30 to declare and abate public nuisances, and the protection of the public use of the public beaches arises from the police power and jurisdiction granted over public beaches, as enabled by South Carolina Code of Laws, § 5-7-30, § 5-7-145, § 5-7-150 and § 5-7-155.

(c)

In exercise of its police power to preserve the public health, safety, welfare and economy, and to abate that conduct which becomes a public nuisance, this ordinance authorizes the appropriate city personnel to eject and exclude a person, who by their nuisance conduct or illegal conduct, should be barred from entering into specific public places or participating in facility uses for a determined time, where such violation is violent or disruptive of other city visitors, customers, city employees, the conduct of city operations and the peaceful and orderly use of the facility by others.

(Ord. No. 2014-28, § 2, 5-13-14)