§ 14-316. Specific public park restrictions.

(a)

Prohibited acts in parks and other public facilities. No person shall use the public parks in violation of the prohibitions of this chapter. Any person who violates this section or a posted rule or regulation herein may be given notice by the facility manager, authorized recreational department personnel or law enforcement to immediately leave the public property.

(b)

Unlawful to interfere with the park use by others. Interference with others means engaging in conduct, including but not limited to the conduct enumerated herein, that endangers the safety or comfort of others, or which denies the enjoyment of the facility by others; or which disturbs public order by any disorderly conduct or breach of the peace; or the existence of such behavior which creates unreasonable noise, apprehension or fear for personal safety as reported by a citizen to a law enforcement officer or as observed and investigated by a city employee or law enforcement officer.

(1)

Because of the interference of the park use by others is inherent in the conduct of sleeping or reclining in a horizontal position in inappropriate places, no person shall sleep or recline, except in medically exigent circumstances, behind, on or in as the circumstances apply to park buildings, pavilions, shelters, rest rooms, trash receptacles, benches, picnic tables, as well as recreational activity areas (such as athletic courts and playing fields, dug outs, and playgrounds), pedestrian or vehicular traffic ways (such as roads, sidewalks, bike paths, and jogging paths), and landscaped areas (such as mulched flower gardens, hedge planting areas, and cultivated planters). Sleeping upright on benches and horizontally on a single ground covering is permitted.

(2)

Because of the interference of the park use by others is inherent in the conduct of using a picnic tables and eating surfaces for other than picnic purposes, no person shall use a picnic table, or other structure or surface intended for eating as a place for reclining, either on the eating surface of the table or the seating surface of the bench; and neither shall any person sit upon the eating surface of a picnic table at any time.

(3)

Because of the interference of the park use by others is inherent in the conduct of begging, panhandling, off-premises canvassing, and commercial handbilling or solicitation in exchange for contribution, no person shall engage in begging, panhandling, off-premises canvassing, commercial handbilling or solicitation in exchange for contribution in any park.

(c)

Unlawful to use the parks after hours. Unless otherwise posted, recreational facilities shall not be used for any purpose between official sunset and sunrise. Parks with special hours other than the default closings between official sunset and sunrise will be posted. No person shall enter upon the premises of any recreational facility during the hours that such are closed to the public. No person shall use of, occupy or congregate in the parks at times other than the approved hours of access. No person shall remain upon the premises of any recreational facility during the hours that such are closed to the public.

Exceptions. This section shall not apply to:

(1)

Persons whose presence is authorized by city by contract, agreement, lease or otherwise or by the manager or his designee, in compliance with all other city ordinances, rules or regulations;

(2)

Persons remaining in the recreational facility after the time for closing who are participating in or attending events, activities or programs previously scheduled or authorized by the department because the event, activity or program has not concluded;

(3)

Persons making use of any public way located through a recreational facility; however, such persons must confine themselves to the limits of the public way and be actively walking;

(4)

Persons who are actually engaged at such time in the official business of any city, county, state or the United States or any agency or department thereof.

(d)

Unlawful to possess or ignite fireworks. The possession or ignition or any kind of firework is prohibited, unless specifically permitted by permit.

(e)

Unlawful to park in unauthorized area. The parking or placement of any motorized vehicles or other machines of conveyance in places other than those specifically designated for such purpose is prohibited.

(f)

Unlawful to conduct large group feeding without a facility use permit and compliance with health regulations. For purposes of this section, large group feeding is defined as an event in which the provider prepares meals off-site for distribution to persons unrelated or unaffiliated, in such an amount that service of same can only be accomplished by more than one server or the event is attended by more than ten members of the general public, either with or without remuneration, in a park or park facility owned or controlled by the city, including adjacent sidewalks and rights-of-way in the City of Myrtle Beach. A large group feeding does not include any person or group named in South Carolina Regulations 61-25, Chapter 1, 26(c), or family reunions or gatherings, excluded from the need for a special event permit or facility use permit are activities of city licensed or contracted concessionaires, lessees, or licensees.

(1)

No person shall knowingly sponsor, conduct, or participate in the distribution or service of food at a large group feeding at a park or public facility owned or controlled by the City of Myrtle Beach without a facility use permit properly issued by the city and without proof of compliance with South Carolina Department of Health and Environmental Control Regulation 61-25 for the preparation and service of food.

(2)

No person shall, in the public park, engage in organizing, serving or distributing food to the public in a large group feeding event fail to produce and display any required department of health and environmental control permit for such open air food distribution, or the required special event or facility use permit during a large group feeding event to a law enforcement officer upon demand.

(3)

Not more than one large group feeding facility use permits may be issued to a person, or persons acting in cooperation through joint purpose however loosely associated within a 12-month period. Not more than four large group feeding permits shall be issued to a legally recognized entity, such as an eleemosynary endeavor properly registered with the Secretary of State, association, charity or organization for large group feedings in any 12 consecutive month period.

(4)

Proof of insurance and insurance in appropriate amounts naming the city as an additional insured is required for food service to the public, and may not be waived.

(g)

Public expectation of use; additional rules and regulations. All persons shall comply with the directions of park officials pertaining to proper occupancy and public use in order to ensure public tranquility, safeguard park property and to ensure the maximum use for the comfort and convenience of all. The director of the department having administrative oversight of the parks of the city shall have the discretion to classify or designate parks as to size, intended use, intensity of use or other factors, and promulgate rules and regulations to control, limit or prohibit any activity in a park, or any area therein, which would prevent the fullest use and enjoyment of a park by the general public consistent with public health, welfare, safety and recreation and the protection of public property, subject to the review and approval of the city manager. Such rule or regulation shall be posted. It shall be unlawful for any person to violate any posted rule or regulation. As determined by the appropriate authority and so posted, certain parks may have a time of use limitation or number of persons limitation in the occupancy or use of the shelter or tables therein, so that use can be enjoyed by a greater number of people. As determined by the appropriate authority and so posted, in areas and parks, the feeding of wild animals may be prohibited.

(h)

Restrictions on public use of recreational facilities. All city parks, playgrounds, recreation centers, ball diamonds, tennis courts, athletic or recreation facilities, greenbelts or any other areas, real property or other premises designated for public recreational use by the city (recreational facilities) are only open to public from sunrise to sunset, except when posted for different hours of operation by the director or when occupied by lawful permit, contract or reservation.

(Ord. No. 2012-51, 8-28-12; Ord. No. 2013-27, 6-11-13; Ord. No. 2013-55, 8-27-13; Ord. No. 2014-28, § 1, 5-13-14)