§ 14-300. Purposes, findings and declarations.

The city council finds that the rights-of-way and public places are expected to be used for the purposes for which they were designed and constructed, to perform the function of public access, business advancement, and safe vehicular and pedestrian travel, while simultaneously allowing the constitutionally protected right of free speech in those portions of public property that have historically and traditionally been forums of free speech. These reasonable public expectations should be balanced with reasonable time, place and manner restrictions so that all citizens and visitors may safely enjoy the full function of these public facilities, and the purposes for which they are intended.

There are other places to which the public is invited that are on private property. As part of a pleasing aesthetic environment that enhances our tourist trade, businesses are required by zoning to set aside and maintain privately owned landscaped areas or open space areas that abut the public right-of-way or that are accessible by the public right-of-way. This private property is readily accessible to the general public, or is otherwise open to common or general use or view such as parking lots, landscaped areas or private alleys. There exist vacant or undeveloped land and lots through which the public has passed without obstruction. All of these private properties are impacted by the public right-of-way, and impact the right-of-way when obstructions are allowed to exist.

In some areas, sidewalks are only five feet in width, and whose uses are further restricted by necessary utility structures, street trees and refuse collection containers. In some areas, streets are 40 to 60 feet wide, and are heavily traveled access routes for the beach. Even nonaggressive monetary solicitation impedes the normal flow of traffic, both pedestrian and vehicular, disrupts passage and is inherently more intrusive and complicated activity than the mere distributing literature. Certain streets and sidewalks of Myrtle Beach are subject to congestion, and the council finds that restrictions on conduct and all aggressive and nonaggressive solicitation that results in obstruction of passage, inaccessible parking, congesting vehicle traffic and stressful and anxious pedestrian interactions are appropriate in order to keep the traffic moving.

This commercial area of pedestrian and vehicular concentration and congestion compels the council to act to prohibit begging and panhandling city wide. Even nonaggressive solicitation has an element of coercion, and impedes the normal flow of pedestrian and vehicular traffic , in that solicitation requires reaction and action by those who would respond. The concentration of amusements, outdoor seating and cafés, where visitors and citizens are queuing or seated for service or attractions requires protection of the commercial interests, and the comfort and safety of the customer. Moreover, the concentration of national and international visitors, who find themselves under stress in unfamiliar settings, often time facing a language or cultural barrier, when approached by strangers seeming demanding something from them. Even if the language barrier is overcome, and being faced by a stranger in a strange town is not stressful or creates anxiety, the individual solicited must decide whether or not to contribute (which itself might involve examining the solicitor's goods, or enticements to commerce, or hearing his pitch), and then, having decided to do so, reach for a wallet, search it for money, write a check, or produce a credit card.

Both nonaggressive and aggressive solicitations in these densely peopled areas or in areas do create a besieged atmosphere, and makes people feel uncertain and unsafe as they move about. The council is informed that visitors often act to avoid being solicited, perceiving that they are being constantly set upon by the solicitors asking for money, asking for donations, asking for a contribution, asking for spare change, asking for a dollar in exchange for some form of goods, and the uncertainty of how to respond and the inconvenience of dealing with strangers approaching you in an unfamiliar area in a tourist town diminishes the safety and convenience of the citizens and visitors, thus impacting the public economy. The city has a legitimate interest in promoting the safety and convenience of its tourists and citizens on public streets in these densely peopled areas, and so would create a protected zone, while still allowing such solicitations and commercial handbilling elsewhere in the city, and would still allow noncommercial handbilling as set forth herein in as exercise of the First Amendment under reasonable time, place and manner restrictions.

The Myrtle Beach Convention Center and its premises are declared to be a unique structure and land use dedicated to the convention center business model as a commercial facility to foster economic development and use by businesses and organizations which reserve and rent the facility and its premises to convey their commercial message. The unique characteristics of this convention center business model compel that it is to be subject to time, place and manner restrictions as to use and speech, and that sections may vary as to the use and speech appropriate for the section.

There also exist publicly owned facilities such as the oceanfront and the Myrtle Beach Convention Center that were not designed or built to be in the same categories as the public streets and parks as forums for expressive activities. There also exist publicly owned land which has been legislatively made subject to encroachment to enhance the commercial activity of the abutting private property, such as ocean front and sometimes Boardwalk adjacent hard and soft encroachments.

The Myrtle Beach Boardwalk is declared to be a unique structure of limited recreational use and passage, designed and built not as sidewalk or street, park or traditional public forum, but a tourist and resident amenity, and as public facility stimulus to foster economic development and commercial encroachment use by a abutting businesses by extending outdoor dining and seating for its patrons. It extends from its northern terminus at the 15th Avenue North Pier to its southern terminus at 1st Avenue North Street End. The northern section is from 14th Avenue North Pier to the northern border of Plyler Park, characterized entirely by hotel beach frontage. The central section extends from the northern border of Plyler Park the southern border of 8th Avenue North, characterized entirely by retail and entertainment business. The southern section is from the southern 8th Avenue North to the southern terminus at 1st Avenue North, characterized by a mixture of hotel and retail, predominantly hotel frontage. The current boardwalk is likely to be augmented in both the southern and northern directions, and the restrictions set forth herein will apply to any later additions to the boardwalk. The unique characteristics of changing zoning uses with its mixture of encouraged commercial encroachment use, tourist residential and recreational use compel that it is to be distinguished from quintessential public forums, and its uniqueness requires that it be subject to time, place and manner restrictions as to use, and that sections of the boardwalk may vary as to the use appropriate for the section. The city council finds that the boardwalk should not be used as a forum for either nonaggressive or aggressive off premise canvassing, begging, solicitation in exchange for money, handbilling or picketing due to its unique recreational nature.

The public beach is a unique asset, and millions of visitors are drawn to the public beaches every year, and year round. The public beaches are used for entertainment and recreational purposes, and commercialization detracts from that use. Visitors do not want to be accosted or approached in effort to sell them something, or persuade them on an issue, while they are lying down with their eyes closed, sunbathing, or attending to their small children. Ample opportunities and places currently exist for citizens to engage in person to person commercial endeavors, nonaggressive begging, handbilling or picketing under this article, and the city council finds that the public beach should not be used as a forum for either nonaggressive or aggressive off premise canvassing, begging, solicitation in exchange for money, handbilling or picketing due to its unique recreational nature.

The city council finds that public has a reasonable expectation that public parks designed, built and maintained for different purposes may be enjoyed for those purposes, while still maintaining the public park as a forum for expressive activities. Parks are designed for families with children, individuals and group to engage in fellowship, play and relaxation in a pastoral setting. The council is informed that both nonaggressive and aggressive solicitations in these areas does create a besieged and uncertain atmosphere, making people feel unsafe as they move about, or rest in a park, or play with their children. The council finds that persons perceive that they are being constantly set upon by the strangers walking up to them or their children, asking for money, asking for donations, asking for a contribution, asking for spare change, asking for a dollar in exchange for some form of goods, and the mere act of being approached in a demanding way by a stranger creates uncertainty of how to respond and the inconvenience of dealing with strangers approaching you as you engage in your park use with your children or grandchildren, or as you try to relax. The city has a legitimate interest in promoting the safety and convenience of its citizens in the parks. Ample opportunities and places currently exist outside of the parks for citizens to engage in person to person commercial endeavors or commercial handbilling under this article, and the city council finds that the public parks should not be used as a forum for panhandling, off premise canvassing, solicitation in exchange for money or commercial handbilling due to its reasonable expectations that public parks are not appropriate for unrestricted commercial activity, and have the same need for public safety and convenience that exists in the protected zone.

The city council finds and declares that uncontrolled commercial and noncommercial speech involved in handbilling, picketing, soliciting and canvassing results in negative impacts on the rights-of-way, negative impacts on the use of public facilities by visitors and citizens, and often in the throwing, casting and distributing of material upon public and residential property, without consent, thus creating widespread litter that adversely affects the aesthetics of the rights-of-way in the city.

Neighborhood litter contributes to a serious police problem in that the accumulation of the material on the right-of-way and neighbors express that the property of the residence so littered is an open invitation to burglary.

The city council finds that unregulated camping in prohibited public places creates a health and safety hazard for those who illegally camp, and for those residents and visitors who come into contact with the campsites, and adversely affects the quality of life of a considerable number of citizens.

The city council finds that a public safety problem is created by persons sleeping in automobiles which are parked along the public streets within the city. In residential areas, alarm and anxiety result in calls for service. In addition, persons who are parked in developed areas, by the nature of the conduct become unaware of their surrounding, this making themselves vulnerable as targets for criminal activity.

As to public sidewalks, the city council further finds and declares:

(1)

Public sidewalks in business districts are created and maintained for the primary purposes of enabling pedestrians to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services.

(2)

During business hours, the public sidewalks in downtown and neighborhood commercial areas are prone to congestion and should be kept available to serve these primary purposes.

(3)

Except in places provided herein or where reasonably necessary, sitting or lying on the public sidewalks in downtown and neighborhood commercial interferes with the primary purposes of the public sidewalks, threatens public safety and damages the public welfare.

(4)

Pedestrians, particularly the elderly, disabled or vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.

(5)

The public welfare is promoted by economically healthy downtown neighborhood commercial areas which attract people to shop, work and recreate. These areas provide easily accessible goods and services, employment opportunities, the tax revenues necessary to support essential public services, and the economic productivity necessary to maintain and improve property within these areas.

(6)

In some circumstances and places in the city, obstruction of passage by congregation, or sitting or lying on the sidewalks acts to deter many members of the public from frequenting those areas, which contributes to undermining the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts which contribute to a spiral of deterioration and blight which harms the public health, safety and welfare. An important factor in protecting public safety is attracting people to the streets and sidewalks of the city's business districts, because the presence of many law abiding citizens serves as a deterrent to crime and increases the public's sense of security and the safety of all.

(7)

There are other places within or close to the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks, private property with the permission of the property owner, public sidewalks outside the designated business districts and all sidewalks outside the designated hours. Therefore, the limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights.

Publicly accessible parking garages lots are characterized by the constant travel of vehicles in restricted spaces and lanes. The use of individual wheeled devices that do not have a mechanical braking system are incompatible with the travel of vehicles in this context, and such use presents a real danger of personal and property injury.

Now therefore, the city council finds that the inappropriate use of the right-of-way and restricted public places is injurious and inimical to the public economy, health, safety and welfare of the visitors and residents and that such practices are, therefore, declared to unlawful and a public nuisance.

(Ord. No. 2012-51, 8-28-12; Ord. No. 2013-27, 6-11-13; Ord. No. 2013-55, 8-27-13; Ord. No. 2017-35, 8-8-17)