Full Statute Name:  Code of Laws of South Carolina 1976 Annotated. Title 51. Parks, Recreation and Tourism. Chapter 3. State Parks. § 51-3-145. Certain acts unlawful at state parks.

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Primary Citation:  Code 1976 § 51-3-145 Country of Origin:  United States Last Checked:  February, 2024 Alternate Citation:  SC ST § 51-3-145 Date Adopted:  1978 Historical: 
Summary: This South Carolina law contains a dog leash provision that states that it is unlawful for any person to bring a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times (see section P). This provision concerns any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism.

It shall be unlawful for any person to commit any of the following acts at any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism:

(A) Destroying, defacing, disturbing, disfiguring, or removing any part of any building, sign, structure, or equipment.

(B) Killing, harming, or harassing any mammal, bird, reptile, or amphibian, except by permit issued by the department or by permit issued by the South Carolina Department of Natural Resources for designated Game Management Areas.

(C) Hunting in any area, with the exception of those that may be designated as Game Management Areas.

(D) Destroying, cutting, breaking, removing, defacing, mutilating, injuring, taking or gathering any tree, shrub, other plant or plant part, rock, mineral, or geological feature except by permit issued by the department.

(E) Building any fire in any place other than those specifically designated for such a purpose.

(F) Disposing of litter, garbage, or other refuse in places or receptacles other than those specifically provided for such purpose. Such unlawful disposing of litter, garbage, or refuse shall include:

(1) Dumping any refuse or waste from any trailer or other vehicle except in places or receptacles provided for such use.

(2) Cleaning fish, or food, or washing clothing, or articles for household use in any sink, or at any faucet located in restrooms.

(3) Polluting or contaminating any water used for human consumption.

(4) Using park refuse containers or facilities for dumping household or commercial garbage or trash brought as such from private property.

(5) Depositing, except into receptacles provided for that purpose, any body waste, or depositing any bottles, cans, clothes, rags, metal, wood, stone, or other damaging substance in any fixture in any restroom, or other structure.

(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition.

(H) Operating vehicles in a reckless manner, or in excess of posted speed limits, or in areas other than those specifically intended for vehicular traffic. A violation of the following provisions shall constitute the unlawful operating of vehicles:

(1) Motorbikes, minibikes, mopeds, motorcycles, motor scooters, go-carts and any other type motorized vehicle shall not be driven in any area or on any trail not intended for their use. Only licensed motorized vehicles shall be allowed on park roads.

(2) No motorized vehicle of any kind shall be allowed on horse trails, hiking trails or beach areas.

(3) Motor vehicles shall not be driven on roads in developed recreation sites for any purpose other than access into or egress out of the site.

(4) No motorized vehicle of any kind shall be operated at any time without a muffler in good working order, or in such a manner as to create excessive or unusual noise, or annoying smoke, or using a muffler cut-off, by-pass, or similar device.

(5) No person shall excessively accelerate the engine of a motor vehicle or motorcycle when such vehicle is not moving or is approaching or leaving a stopping place.

(6) Vehicles shall not be permitted in a cabin or camping area unless the operator thereof is a registered guest within the area, except for the expressed intent of renting such area or with prior permission of authorized park officials.

(I) Using privately owned boats or gasoline motors on any waters lying wholly within the boundaries of the park or facility, except in water where specifically authorized, and in such case boat users shall obey all posted rules and regulations.

(J) Consuming or displaying in public any beverage of alcoholic content, including beer and wine, except where specifically authorized by the department.

(K) Acting in a disorderly manner or creating any noise which would result in annoyance to others. Acting in a disorderly manner shall include inciting or participating in riots, or indulging in boisterous, abusive, threatening, indecent, or disorderly conduct. In addition to other authorized penalty provisions anyone in violation of this subsection may be ejected from the park and shall not be entitled to a refund of any fee or rental.

(L) Entering or remaining within the limits of the park or facility while in an intoxicated or drugged condition.

(M) Operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system, whether fixed, portable, or vehicle mounted, except when such use or operation has been approved by the department.

(N) Engaging in or soliciting business within a park or facility except where authorized by the department and no person shall distribute, post, place, or erect any bills, notices, paper, or advertising device, or matter of any kind without consent of the department.

(O) Swimming in areas not designated for the purpose and failing to obey all posted rules while swimming.

(P) Bringing a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times. For this purpose:

(1) No person shall keep in the park or retain in the park a noisy, vicious, or dangerous dog or animal, or one which is disturbing to other persons after he has been asked by a park official to remove such animal.

(2) No person shall bring saddle, pack, or draft animals into a site which has not been developed to accommodate them.

(Q) Entering a facility or area without regard to restrictions on public use. These restrictions on public use shall include the following provisions and a violation of such provisions shall be considered to be a violation of this subsection:

(1) Parks shall be open during daylight hours except where otherwise specifically authorized and no person shall be admitted to or allowed to remain in the park after the designated closing hour except for the purpose of cabin rentals or camping unless such person has permission of the department.

(2) No person shall make, use, or gain admittance to, or attempt to use, or gain admittance to facilities within any park, for which a charge is made, without paying the fee.

(3) No person shall remain within any facility if he refuses to pay the required fee to enter and use the facility or service in a posted, designated fee area.

(4) No person shall enter any park, or any park area, or facility when it is closed to the public.

(5) No person shall willfully provide erroneous information for any campsite or cabin registration.

(6) Minors under eighteen years of age shall register for a cabin or campsite only as agents acting for their parent or guardian.

(7) No person or persons shall occupy a campsite for a consecutive period longer than fourteen days without permission from the department.

(8) No person or persons shall occupy a cabin or lodge room for a consecutive period longer than seven days without permission from the department.

(R) No person shall take fish from a lake, pond, or other waters wholly located within the boundary of a state park except in accordance with methods, limits, and times permitted by the department. The methods, limits, and times must be published and displayed in a conspicuous manner to provide notice to the visiting public. The articles and acts prohibited by this section shall be published and displayed in conspicuous places so as to be available for visitors and employees.

HISTORY: 1978 Act No. 554 § 1; 1982 Act No. 456, §§ 1, 4; 1988 Act No. 461, § 3.

HISTORY: Amended by 1993 Act No. 181, § 1276, eff July 1, 1994; 2002 Act No. 274, § 6, eff May 28, 2002.

EFFECT OF AMENDMENT

The 1993 amendment substituted "South Carolina Department of Natural Resources" for "South Carolina Wildlife and Marine Resources".
The 2002 amendment, in subsection (G), added the last sentence.

 

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