§ 14-306. Procedures for removal of personal property in right-of-way or restricted public place.

(a)

Unattended stored possessions on found by a law enforcement officer in rights-of-way or on restricted public places, other than campsites, are deemed abandoned, and may be removed immediately, and may shall be stored for a period of 48 hours. For safety purposes and possible identification, the possessions may be inventoried. If information can be developed on identification, the police department shall make reasonable effort to contact the person. Any person seeking to reestablish ownership of removed personal possessions shall contact the police department, and upon identification of the personal possessions, they may be returned. After 48 hours, the unclaimed items may be subject to disposal, provided however, identity or health-related documents, family letters or photos, and prescription medications may be retained longer in the discretion of the police chief. Items that have no apparent value or utility or are in an unsanitary or putrescent condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be retained by the police department. Personal property left on the public beach after dark is not required to be stored or inventoried, and is subject to immediate disposal.

(b)

Stored possessions found by a law enforcement officer in a campsite on private property may be removed according to law. Prior to removing the campsite, the police shall inform the property owner as shown in the Horry County public land records by regular mail, and shall post a notice 24 hours in advance of the removal. A law enforcement officer shall not issue a citation for violation of this section within two hours before or after the notice is posted. At the time that a 24-hour notice is posted, the police shall inform a local agency that delivers social services to homeless individuals where the notice has been posted. The local agency may arrange for outreach workers to visit the campsite where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance. After the 24-hour notice has been provided, the campsite may be abated. For safety purposes and possible identification, the possessions shall be inventoried. If information can be developed on identification, the police department shall make reasonable effort to contact the person. Any person seeking to reestablish ownership of removed personal possessions shall contact the police department, and upon identification of the personal possessions, they shall be returned. The property shall be stored for a minimum of 48 hours during which it will be reasonably available to any individual claiming ownership. After 48 hours, the unclaimed items may be subject to disposal, provided however, identity or health-related documents, family letters or photos, and prescription medications may be retained longer in the discretion of the police chief. Items that have no apparent value or utility or are in an unsanitary or putrescent condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be retained by the police department.

(c)

The 24-hour notice required under this section shall not apply:

(1)

When there are grounds for law enforcement officials to believe that illegal activities other than camping or trespassing are occurring.

(2)

In the event of an exceptional emergency such as possible site contamination by hazardous materials, natural disaster or when there is immediate emergency danger to human life or safety.

(3)

When in rights-of-way or in restricted public places, there exists a threat to public economy, health, safety or welfare through obstruction of passage or interference with the public's expected use of the property for its intended purpose.

(Ord. No. 2012-51, 8-28-12; Ord. No. 2013-55, 8-27-13)