§ 14-67. Trespass enforcement authorization program.

(a)

A property owner, building owner, property manager or person having legal control of property or their legal representative can authorize the City of Myrtle Beach Police Department to enforce, in absolute police discretion, the trespass statute on their property. To have the possibility of enforcement pursuant to this section, the person must:

(1)

Appear in person at the law enforcement center or police annex or contact the police department for an application and affidavit for the trespass enforcement authorization program; and

(2)

Declare the application and affidavit to be a public record for the purposes of Rule 803(8) South Carolina Rules of Evidence and/or appear in municipal court if subpoenaed.

(b)

The application and affidavit must be notarized. After receipt of the sworn document, a site visit will be conducted by the police. The police will determine if the location is appropriate for participation, and will determine the number and placement of signs provided by the city. The person will be informed if the location is not suitable for enforcement, due to excessive undergrowth or other factors. If the location is suitable or then made suitable, the owner/representative will be notified and the authorized signs may be purchased by the participant from the city, and will be placed by the city. The notice of participation in the program will be provided to appropriate law enforcement divisions.

(c)

It shall be unlawful for any person knowingly to enter or remain upon the premises of another when the consent to enter or remain is either absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.

(d)

When property has been posted by City of Myrtle Beach with conspicuous signage of sufficient notice declaring the property to under the trespass enforcement authorization program, it shall be prima facie evidence that consent to enter or remain upon the premises of another is absent, denied, or withdrawn. A "conspicuous" sign shall mean a sign that is at least one square foot in size. "Sufficient notice" shall mean the lettering on a conspicuous sign is at least one inch in height and contains the following language or words of similar notice:

NO TRESPASS AT ANY TIME (OR AS TIMES SET FORTH) PRIVATE PROPERTY UNDER TRESPASS ENFORCEMENT AUTHORIZATION PROGRAM CITY OF MYRTLE BEACH POLICE DEPARTMENT

(e)

It shall be unlawful to deface, damage or remove any sign placed under authority of this section.

(f)

If any provision of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the subsection are valid, unless it appears to the court that the valid provisions of the subsection are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be presumed city council would have enacted the valid provisions without the void one, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

(Ord. No. 2007-28, 5-8-07; Ord. No. 2013-42, 7-9-13)