Council Legislative Committee — Columbia, SC
Date: 2024-09-17
Time: 10:00

COUNCIL LEGISLATIVE COMMITTEE MEETING AGENDA
 TUESDAY, SEPTEMBER 17, 2024


The Council Legislative Committee will conduct a meeting on Tuesday,
September 17, 2024 at 10:00 a.m. at City Hall (Mayor's Conference Room),
1737 Main Street, Second Floor, Columbia, SC 29201. The meeting can be
viewed online at www.columbiasc.gov. Please contact the City Clerk’s Office
at (803)545-3045 or cityclerk@columbiasc.gov if you have questions
regarding the meeting.

 The Honorable Daniel J. Rickenmann, Chair
 The Honorable William Brennan, District III  The Honorable Aditi Bussells, At-Large

 Prior to entering the meeting please turn all electronic communication devices to
the silent, vibrate or off position. All presenters are asked to speak directly into the
 microphone for recording purposes.

CALL TO ORDER

COMMITTEE DISCUSSION

1. Automated Traffic Safety Cameras – Ms. Jessica Shand, The Southern
 Group

2. State Legislative Priorities for 2025 Session - Mr. Kyle Michel, Kyle
 Michel Law Firm; Mr. Damon Jeter, Jet Corp Consulting Group, LLC;
 and Ms. Caroline Delleney, Due South Advocacy, LLC

3. Review of Fines for Littering - The Honorable Aditi Bussells

ADJOURNMENT




 Page 1 of 1
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 - CODE OF ORDINANCES
 Chapter 8 - ENVIRONMENTAL HEALTH AND SANITATION
 ARTICLE V. LITTER




 ARTICLE V. LITTER1

Sec. 8-231. Littering prohibited; responsibility for removal.
(a) No person shall dump, throw, drop, deposit, discard or otherwise dispose of litter or other solid waste upon
 any public property in the city or upon private property in this city or in the waters of the city, whether from




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)
 a vehicle or otherwise, including but not limited to any public highway, public park, beach, campground,
 forest land, recreational area, trailer park, highway, road, street or alley, except:
 (1) When such property is designated by the city for the disposal of litter and other solid waste and such
 person is authorized to use such property for such purpose.
 (2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or
 deposited by the elements upon any part of such private or public property or waters.
(b) Responsibility for the removal of litter from property or receptacles shall be upon the owners of the property
 or upon the owner of the property where the receptacle is located.
(Code 1979, § 9-1001)

State law reference(s)—Similar provisions, S.C. Code 1976, § 16-11-700.

Sec. 8-232. Liability of driver when litter is thrown from vehicle.
 The driver of any vehicle, other than a commercial carrier, shall be held liable if it cannot be determined
which vehicle occupant committed any acts in violation of this article.
(Code 1979, § 9-1002)

Cross reference(s)—Motor vehicles and traffic, ch. 12.

Sec. 8-233. Transport of loose materials.
(a) It shall be unlawful for any person to transport any loose materials by truck or other motor vehicle within the
 corporate limits of the city unless the material is covered and secured in such a manner as to prevent litter
 on public and private property.
(b) Lack of adequate covering and securing of material while the loaded truck or other motor vehicle is in
 motion shall in itself constitute a violation of this section.
(Code 1979, § 9-1003)




1
Cross reference(s)—Solid waste management, ch. 19.
State law reference(s)—Litter Control Act of 1978, S.C. Code 1976, § 44-67-10 et seq.


Columbia, South Carolina, Code of Ordinances Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 1 of 3

 Packet Pg. 2
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Sec. 8-234. Throwing confetti or other materials.
 It shall be unlawful for any person to engage during any festival occasion or at any other time in the throwing
of confetti (excepting that known and designated as ribbon confetti, being and consisting of rolls of lightest tissue),
flour, rubber balls, iodoform or other drugs or any material whatsoever serving the same purpose, upon any
person.
(Code 1979, § 9-1004)




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)
Sec. 8-235. Containers required at certain establishments.
 To help prevent or reduce litter by pedestrians and motorists, owners of publicly patronized or used
establishments and institutions, as may be designated by the city public services department, shall provide on their
premises, and maintain in good condition, adequate containers that meet standards prescribed by the public
services department. These owners shall regularly empty these containers into roll carts or bulk containers for
collection by the city or private collection service. This requirement shall be applicable to, but not limited to, fast
food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots,
motels, hospitals, schools, colleges and universities.
(Code 1979, § 9-1005)


Sec. 8-236. Unlawful disposal.
(a) It shall be unlawful for any owner, manager, employee, agent or independent contractor who works for a
 retail, commercial or institutional establishment (such persons include solicitors, vendors, etc.) to deposit
 materials from that business in any receptacle maintained on a sidewalk, at any other location for disposal of
 litter by pedestrians or motorists, or at any other unauthorized disposal site.
(b) Any establishment or institution which cannot meet any of the prescribed requirements of this section shall
 make appropriate arrangements for collection and disposal thereof or transport to a state-permitted landfill.
(Code 1979, § 9-1006)


Sec. 8-237. Duty of owner or occupant to keep premises clean; sweeping litter into street,
 sidewalk or drain.
(a) It shall be the duty of the owner, agent, occupant or lessee to keep exterior private and public property free
 of litter and unsightly growth. This requirement applies not only to removal of loose litter, but to materials
 that already are, or become, trapped at such locations as fences and wall bases, grassy and planted areas,
 borders, embankments and other lodging points.
(b) Owners, agents, occupants or lessees whose properties abut a city right-of-way shall be responsible for
 keeping the area up to and including the curb gutter or street line free of litter and unsightly growth.
(c) It shall be unlawful to sweep or push litter from buildings, property, sidewalks and strips into streets,
 sidewalks and the storm drainage system. Sidewalk and strip sweepings must be picked up and put into roll
 carts, litter containers or commercial bulk containers.
(d) The director of public services shall provide written notice to the owner, agent, occupant or lessee
 identifying any deficiencies or violation requiring correction five days prior to any other enforcement action
 taken in regard to the provisions of this section.


 Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 2 of 3

 Packet Pg. 3
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(Code 1979, § 9-1007)

Cross reference(s)—Streets, sidewalks and other public places, ch. 22.

Secs. 8-238—8-260. Reserved.




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)




 Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 3 of 3

 Packet Pg. 4
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 South Carolina Code of Laws, Title 16 - Crimes and Offenses,
 CHAPTER 11 Offenses Against Property, ARTICLE 7 Trespasses and
 Unlawful Use of Property of Others

SECTION 16-11-700. Dumping litter on private or public property
prohibited; exceptions; responsibility for removal; penalties.

(A) A person, from a vehicle or otherwise, may not dump, throw, drop,
deposit, discard, or otherwise dispose of litter or other solid waste, as defined




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
by Section 44-96-40(2), (6), (32), (33), (43), (46), (73), and (74), and
including cigarette butts and cigarette component litter, upon waters or public
or private property in the State for which he is not the legal owner or a person
otherwise granted permission by the legal owner including, but not limited to,
a highway, park, beach, campground, forest land, recreational area, trailer
park, road, street, or alley except:

(1) on property designated by the State for the disposal of litter and other
solid waste and the person is authorized to use the property for that purpose;
or

(2) into a litter receptacle in a manner that the litter is prevented from being
carried away or deposited by the elements upon a part of the private or public
property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon
the person convicted pursuant to this section of littering the property or
receptacles. If there is no conviction for littering, the responsibility is upon the
owner of the property.

(C) A person who violates the provisions of this section in an amount not more
than fifteen pounds, including cigarette butts and cigarette components, is
guilty of a misdemeanor and, upon conviction, must be fined not less than
twenty-five dollars and not more than one hundred dollars or imprisoned for
not more than thirty days. In addition to the fine or term of imprisonment, the
court also must impose eight hours of litter-gathering labor or other form of
community service.

(D) The fine for a deposit of a collection of litter or garbage in an amount not
more than fifteen pounds in an area or facility not intended for public deposit
of litter or garbage is not less than fifty dollars and not more than one hundred
and fifty dollars. The provisions of this subsection apply to a deposit of litter
or solid waste, as defined by Section 44-96-40(2), (6), (32), (33), (43), (46),
(73), and (74), including cigarette butts and cigarette components, in an area
or facility not intended for public deposit of litter or garbage. This subsection




 Packet Pg. 5
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does not prohibit a private property owner from depositing litter or garbage
as a property enhancement if the depositing does not violate applicable local
or state health and safety regulations. In addition to a fine and for each
offense pursuant to the provisions of this subsection, the court also shall
impose a minimum of sixteen hours of litter-gathering labor or other form of
community service.

(1) The court, instead of payment of the monetary fine imposed for a violation
of this section, may direct the substitution of additional litter-gathering labor




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
or other form of community service.

(2) In addition to other punishment authorized by this section, in the
discretion of the court in which conviction is obtained, the person may be
directed by the judge to pick up and remove from any public place or any
private property, with prior permission of the legal owner of the property upon
which it is established by competent evidence that the person has deposited
litter, all litter deposited on the place or property by any person before the
date of execution of sentence.

(E) A person who violates the provisions of this section in an amount
exceeding fifteen pounds, but not exceeding five hundred pounds on any
public or private property, any portion of the road right of way, fresh-water
lake, river, canal or stream, or tidal or coastal waters of the State must be
charged with illegal dumping of litter and is guilty of a misdemeanor and, upon
conviction, must be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned for not more than thirty days. In addition, the
court shall require the violator to complete sixteen hours of litter-gathering
labor or perform other community service. For a second conviction, the person
must be fined not less than two hundred dollars nor more than five hundred
dollars or imprisoned for not more than thirty days. In addition, the court shall
require the violator to complete twenty-four hours of litter-gathering labor or
other community service. For a third or subsequent conviction, the person
must be fined not less than two hundred dollars nor more than five hundred
dollars or imprisoned for not more than thirty days. In addition, the court shall
require the violator to complete thirty-two hours of litter-gathering labor or
other community service.

(F)(1) A person who violates the provisions of this section in an amount
exceeding five hundred pounds is guilty of a misdemeanor and, upon
conviction, must be fined not less than five hundred dollars nor more than one
thousand dollars, or imprisoned not more than one year, or both. In addition,
the court may order the violator to:




 Packet Pg. 6
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(a) remove or render harmless the litter that he dumped in violation of this
subsection;

(b) repair or restore property damaged by, or pay damages for damage arising
out of, his dumping of litter in violation of this subsection; or

(c) perform community service relating to the removal of litter dumped in
violation of this subsection or relating to the restoration of an area polluted by
litter dumped in violation of this subsection.




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine
involved in the disposal of more than five hundred pounds of litter in violation
of this subsection is declared contraband and is subject to seizure and
summary forfeiture to the State.

(4) If a person sustains damages in connection with a violation of this
subsection that gives rise to a felony against the person or his property, a
court, in a civil action for those damages, shall order the wrongdoer to pay
the injured party threefold the actual damages or two hundred dollars,
whichever amount is greater. In addition, the court shall order the wrongdoer
to pay the injured party's court costs and attorney's fees.

(5) A fine imposed pursuant to this subsection must not be suspended, in
whole or in part.

(G)(1) When the penalty for a violation of this section includes litter-gathering
labor in addition to a fine or imprisonment, the litter-gathering portion of the
penalty is mandatory and must not be suspended; however, the court, upon
the request of a person convicted of violating this section, may direct that the
person pay an additional monetary penalty instead of the litter-gathering
portion of the penalty that must be equal to the amount of fifteen dollars an
hour of litter-gathering labor. Probation must not be granted instead of the
litter-gathering requirement, except for a person's physical or other
incapacities.

(2) Funds collected pursuant to this subsection instead of the mandatory litter-
gathering labor must be remitted to the county or municipality where the
littering violation took place. The money collected may be used for the litter-
gathering supervision.




 Packet Pg. 7
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(H) A prior violation within the meaning of this section means only a violation
of this section which occurred within a period of five years including and
immediately preceding the date of the last violation.

(I) Magistrates and municipal courts have jurisdiction to try violations of
subsections (A), (B), (C), (D), (E), and (F).

(J)(1) This section shall not apply to the discarding of deceased fish, game, or
wildlife, or the parts or remains thereof, taken as a result of legal hunting or




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
fishing pursuant to Title 50. The exception provided for by this subsection does
not apply to deceased animals, animal parts, or remains thereof that are
deposited or discarded onto the private lands or waters of another without the
owner's permission.

(2) For the purposes of subsections (E) and (F), illegal dumping is defined as
disposing of more than fifteen pounds of any collection of solid waste, litter,
or other materials defined in subsection (A), including discarded, deceased
animals or deceased animal parts which create a hazard to the public health
and welfare, but not defined as a careless, scattered littering of smaller items.

(K)(1) Nothing in this section shall prohibit the authority of a local government
to enforce ordinances relating to the upkeep of property pursuant to Section
4-9-25 and Section 5-7-80.

(2) If a conflict occurs between this section and the Solid Waste Policy and
Management Act as contained in Chapter 96, Title 44, the latter controls.

(L) The Department of Public Safety shall maintain statistical information
regarding citations issued pursuant to this section.

(M) Nothing in this section shall be construed as granting any cause of action
against the State, any political subdivision, or any employee thereof acting in
their official capacity to an individual performing community service under this
section who is completing litter pickup without direct oversight, including any
claim under Workers' Compensation. Routine follow up to ensure completion
of litter pickup by a county, municipality, or state employee is not considered
oversight.

HISTORY: 1962 Code Section 16-396; 1952 Code Section 33-551; 1949 (46)
466; 1953 (48) 160; 1957 (50) 269; 1959 (51) 140; 1966 (54) 2290; 1967
(55) 209, 478; 1971 (57) 853; 1972 (57) 2563; 1973 (58) 205; 1978 Act No.
496 Section 7; 1987 Act No. 135 Section 1; 1988 Act No. 530, Sections 1, 3;
1991 Act No. 63, Section 2; 1992 Act No. 307, Section 1; 1993 Act No. 184,
Section 92; 1994 Act No. 288, Section 1; 1994 Act No. 497, Part II, Section




 Packet Pg. 8
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36U; 1999 Act No. 100, Part II, Section 106; 2000 Act No. 387, Part II, Section
54B; 2000 Act No; 387, Part II, Section 92A; 2004 Act No. 306, Section 1, eff
September 8, 2004; 2018 Act No. 214 (H.4458), Section 1, eff May 18, 2018.

Effect of Amendment

2018 Act No. 214, Section 1, rewrote the section, restructuring the offenses
to include cigarette butts, cigarette component litter, and deceased animals
in the purview of the statute and restructuring penalties.




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
SECTION 16-11-710. Acceptance of cash bond in lieu of immediate court
appearance in litter control prosecutions.

When any person is charged with a violation of 16-11-700 or any county
ordinance relating to litter control, any officer authorized to enforce such law
or ordinance may accept a cash bond in lieu of requiring an immediate court
appearance. Such bond shall not exceed the maximum fine provided for a
conviction of the offense charged and may be forfeited to the court by the
enforcement officer if the person charged fails to appear in court.

HISTORY: 1962 Code Section 16-396.1; 1975 (59) 317.




 Packet Pg. 9
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State Law Changes for Fighting Litter


The General Assembly's Act 214 of 2018 made numerous changes
to the way that littering offenses are penalized under state law.

The law, found in SC Code Section 16-11-700, prohibits littering or
disposing of any solid waste in waterways and public property. It




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
also prohibits dumping solid waste on any private property in all
instances where the person dumping the trash is not the property
owner and does not have permission from the property owner.

Here are the penalties that became effective in 2018:

   Dumping less than 15 pounds of litter: a fine of $25 – $100,
 plus eight hours of community service, such as litter cleanup.

   Dumping any amount from 15 – 500 pounds: a fine of $200
 – $500, or up to 30 days in jail, plus community service. The
 amount of community service depends on the number of
 convictions — 16 hours for the first conviction, 24 hours for
 the second and 32 hours for the third or any instance past
 that.

   Dumping any amount above 500 pounds: a fine of $500 –
 $1,000, or up to a year of jail time, or both. Municipal courts
 have jurisdiction on cases involving any amount of litter,
 including amounts above 500 pounds, but are limited to $500
 as a maximum fine.

For any conviction, the court can also order the person to clean up
litter from public or private property, with the property owner's
permission. In cases of more than 500 pounds of waste, the court
can also order the violator to repair the property or pay damages.

https://www.masc.sc/uptown/05-2019/state-law-changes-fighting-litter




 Packet Pg. 10
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What are the state penalties for littering in South Carolina?

The South Carolina General Assembly recently enacted Act 214 of
2018, amending Section 16-11-700 of the state litter laws. This
action by the Legislature was done in an effort to give magistrates
and municipal courts greater flexibility in the prosecution of litter
cases. The new law makes it easier to achieve court-ordered
community service/litter pick up by removing the requirement for




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
supervision. Act 214 also “makes the penalties fit the crime” by
classifying violations into distinct categories as shown below and
providing for a definition of litter.

https://www.palmettopride.org/enforcement/sc-litter-laws/




 Packet Pg. 11

COUNCIL LEGISLATIVE COMMITTEE MEETING AGENDA
 TUESDAY, SEPTEMBER 17, 2024


The Council Legislative Committee will conduct a meeting on Tuesday,
September 17, 2024 at 10:00 a.m. at City Hall (Mayor's Conference Room),
1737 Main Street, Second Floor, Columbia, SC 29201. The meeting can be
viewed online at www.columbiasc.gov. Please contact the City Clerk’s Office
at (803)545-3045 or cityclerk@columbiasc.gov if you have questions
regarding the meeting.

 The Honorable Daniel J. Rickenmann, Chair
 The Honorable William Brennan, District III  The Honorable Aditi Bussells, At-Large

 Prior to entering the meeting please turn all electronic communication devices to
the silent, vibrate or off position. All presenters are asked to speak directly into the
 microphone for recording purposes.

CALL TO ORDER

COMMITTEE DISCUSSION

1. Automated Traffic Safety Cameras – Ms. Jessica Shand, The Southern
 Group

2. State Legislative Priorities for 2025 Session - Mr. Kyle Michel, Kyle
 Michel Law Firm; Mr. Damon Jeter, Jet Corp Consulting Group, LLC;
 and Ms. Caroline Delleney, Due South Advocacy, LLC

3. Review of Fines for Littering - The Honorable Aditi Bussells

ADJOURNMENT




 Page 1 of 1
 1




MEETING DATE: September 17, 2024

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: Automated Traffic Safety Technologies – Ms.
 Jessica Shand, The Southern Group
FUNDING SOURCE &
ORIGINAL BUDGET:

FOCUS AREAS: Safe Communities




Updated: 9/10/2024 12:20 PM Page 1
 Packet Pg. 2
 2




MEETING DATE: September 17, 2024

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: State Legislative Watchlist for 2025 Session -
 Mr. Kyle Michel, Kyle Michel Law Firm; Mr.
 Damon Jeter, Jet Corp Consulting Group, LLC;
 and Ms. Caroline Delleney, Due South
 Advocacy, LLC
FUNDING SOURCE &
ORIGINAL BUDGET:




Updated: 9/10/2024 12:21 PM Page 1
 Packet Pg. 3
 3




MEETING DATE: September 17, 2024

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: Review of Fines for Littering - The Honorable
 Aditi Bussells
FUNDING SOURCE &
ORIGINAL BUDGET:


ATTACHMENTS:
  Columbia Code of Laws Article V Litter (DOCX)
  SC Code of Laws 16-11-700 Littering (DOCX)




Updated: 9/10/2024 3:12 PM Page 1
 Packet Pg. 4
 3.a

 - CODE OF ORDINANCES
 Chapter 8 - ENVIRONMENTAL HEALTH AND SANITATION
 ARTICLE V. LITTER




 ARTICLE V. LITTER1

Sec. 8-231. Littering prohibited; responsibility for removal.
(a) No person shall dump, throw, drop, deposit, discard or otherwise dispose of litter or other solid waste upon
 any public property in the city or upon private property in this city or in the waters of the city, whether from




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)
 a vehicle or otherwise, including but not limited to any public highway, public park, beach, campground,
 forest land, recreational area, trailer park, highway, road, street or alley, except:
 (1) When such property is designated by the city for the disposal of litter and other solid waste and such
 person is authorized to use such property for such purpose.
 (2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or
 deposited by the elements upon any part of such private or public property or waters.
(b) Responsibility for the removal of litter from property or receptacles shall be upon the owners of the property
 or upon the owner of the property where the receptacle is located.
(Code 1979, § 9-1001)

State law reference(s)—Similar provisions, S.C. Code 1976, § 16-11-700.

Sec. 8-232. Liability of driver when litter is thrown from vehicle.
 The driver of any vehicle, other than a commercial carrier, shall be held liable if it cannot be determined
which vehicle occupant committed any acts in violation of this article.
(Code 1979, § 9-1002)

Cross reference(s)—Motor vehicles and traffic, ch. 12.

Sec. 8-233. Transport of loose materials.
(a) It shall be unlawful for any person to transport any loose materials by truck or other motor vehicle within the
 corporate limits of the city unless the material is covered and secured in such a manner as to prevent litter
 on public and private property.
(b) Lack of adequate covering and securing of material while the loaded truck or other motor vehicle is in
 motion shall in itself constitute a violation of this section.
(Code 1979, § 9-1003)




1
Cross reference(s)—Solid waste management, ch. 19.
State law reference(s)—Litter Control Act of 1978, S.C. Code 1976, § 44-67-10 et seq.


Columbia, South Carolina, Code of Ordinances Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 1 of 3

 Packet Pg. 5
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Sec. 8-234. Throwing confetti or other materials.
 It shall be unlawful for any person to engage during any festival occasion or at any other time in the throwing
of confetti (excepting that known and designated as ribbon confetti, being and consisting of rolls of lightest tissue),
flour, rubber balls, iodoform or other drugs or any material whatsoever serving the same purpose, upon any
person.
(Code 1979, § 9-1004)




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)
Sec. 8-235. Containers required at certain establishments.
 To help prevent or reduce litter by pedestrians and motorists, owners of publicly patronized or used
establishments and institutions, as may be designated by the city public services department, shall provide on their
premises, and maintain in good condition, adequate containers that meet standards prescribed by the public
services department. These owners shall regularly empty these containers into roll carts or bulk containers for
collection by the city or private collection service. This requirement shall be applicable to, but not limited to, fast
food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots,
motels, hospitals, schools, colleges and universities.
(Code 1979, § 9-1005)


Sec. 8-236. Unlawful disposal.
(a) It shall be unlawful for any owner, manager, employee, agent or independent contractor who works for a
 retail, commercial or institutional establishment (such persons include solicitors, vendors, etc.) to deposit
 materials from that business in any receptacle maintained on a sidewalk, at any other location for disposal of
 litter by pedestrians or motorists, or at any other unauthorized disposal site.
(b) Any establishment or institution which cannot meet any of the prescribed requirements of this section shall
 make appropriate arrangements for collection and disposal thereof or transport to a state-permitted landfill.
(Code 1979, § 9-1006)


Sec. 8-237. Duty of owner or occupant to keep premises clean; sweeping litter into street,
 sidewalk or drain.
(a) It shall be the duty of the owner, agent, occupant or lessee to keep exterior private and public property free
 of litter and unsightly growth. This requirement applies not only to removal of loose litter, but to materials
 that already are, or become, trapped at such locations as fences and wall bases, grassy and planted areas,
 borders, embankments and other lodging points.
(b) Owners, agents, occupants or lessees whose properties abut a city right-of-way shall be responsible for
 keeping the area up to and including the curb gutter or street line free of litter and unsightly growth.
(c) It shall be unlawful to sweep or push litter from buildings, property, sidewalks and strips into streets,
 sidewalks and the storm drainage system. Sidewalk and strip sweepings must be picked up and put into roll
 carts, litter containers or commercial bulk containers.
(d) The director of public services shall provide written notice to the owner, agent, occupant or lessee
 identifying any deficiencies or violation requiring correction five days prior to any other enforcement action
 taken in regard to the provisions of this section.


 Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 2 of 3

 Packet Pg. 6
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(Code 1979, § 9-1007)

Cross reference(s)—Streets, sidewalks and other public places, ch. 22.

Secs. 8-238—8-260. Reserved.




 Attachment: Columbia Code of Laws Article V Litter (9617 : Review of Fines for Littering)




 Created: 2024-02-14 11:16:33 [EST]

(Supp. No. 32)

 Page 3 of 3

 Packet Pg. 7
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 South Carolina Code of Laws, Title 16 - Crimes and Offenses,
 CHAPTER 11 Offenses Against Property, ARTICLE 7 Trespasses and
 Unlawful Use of Property of Others

SECTION 16-11-700. Dumping litter on private or public property
prohibited; exceptions; responsibility for removal; penalties.

(A) A person, from a vehicle or otherwise, may not dump, throw, drop,
deposit, discard, or otherwise dispose of litter or other solid waste, as defined




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
by Section 44-96-40(2), (6), (32), (33), (43), (46), (73), and (74), and
including cigarette butts and cigarette component litter, upon waters or public
or private property in the State for which he is not the legal owner or a person
otherwise granted permission by the legal owner including, but not limited to,
a highway, park, beach, campground, forest land, recreational area, trailer
park, road, street, or alley except:

(1) on property designated by the State for the disposal of litter and other
solid waste and the person is authorized to use the property for that purpose;
or

(2) into a litter receptacle in a manner that the litter is prevented from being
carried away or deposited by the elements upon a part of the private or public
property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon
the person convicted pursuant to this section of littering the property or
receptacles. If there is no conviction for littering, the responsibility is upon the
owner of the property.

(C) A person who violates the provisions of this section in an amount not more
than fifteen pounds, including cigarette butts and cigarette components, is
guilty of a misdemeanor and, upon conviction, must be fined not less than
twenty-five dollars and not more than one hundred dollars or imprisoned for
not more than thirty days. In addition to the fine or term of imprisonment, the
court also must impose eight hours of litter-gathering labor or other form of
community service.

(D) The fine for a deposit of a collection of litter or garbage in an amount not
more than fifteen pounds in an area or facility not intended for public deposit
of litter or garbage is not less than fifty dollars and not more than one hundred
and fifty dollars. The provisions of this subsection apply to a deposit of litter
or solid waste, as defined by Section 44-96-40(2), (6), (32), (33), (43), (46),
(73), and (74), including cigarette butts and cigarette components, in an area
or facility not intended for public deposit of litter or garbage. This subsection




 Packet Pg. 8
 3.b




does not prohibit a private property owner from depositing litter or garbage
as a property enhancement if the depositing does not violate applicable local
or state health and safety regulations. In addition to a fine and for each
offense pursuant to the provisions of this subsection, the court also shall
impose a minimum of sixteen hours of litter-gathering labor or other form of
community service.

(1) The court, instead of payment of the monetary fine imposed for a violation
of this section, may direct the substitution of additional litter-gathering labor




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
or other form of community service.

(2) In addition to other punishment authorized by this section, in the
discretion of the court in which conviction is obtained, the person may be
directed by the judge to pick up and remove from any public place or any
private property, with prior permission of the legal owner of the property upon
which it is established by competent evidence that the person has deposited
litter, all litter deposited on the place or property by any person before the
date of execution of sentence.

(E) A person who violates the provisions of this section in an amount
exceeding fifteen pounds, but not exceeding five hundred pounds on any
public or private property, any portion of the road right of way, fresh-water
lake, river, canal or stream, or tidal or coastal waters of the State must be
charged with illegal dumping of litter and is guilty of a misdemeanor and, upon
conviction, must be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned for not more than thirty days. In addition, the
court shall require the violator to complete sixteen hours of litter-gathering
labor or perform other community service. For a second conviction, the person
must be fined not less than two hundred dollars nor more than five hundred
dollars or imprisoned for not more than thirty days. In addition, the court shall
require the violator to complete twenty-four hours of litter-gathering labor or
other community service. For a third or subsequent conviction, the person
must be fined not less than two hundred dollars nor more than five hundred
dollars or imprisoned for not more than thirty days. In addition, the court shall
require the violator to complete thirty-two hours of litter-gathering labor or
other community service.

(F)(1) A person who violates the provisions of this section in an amount
exceeding five hundred pounds is guilty of a misdemeanor and, upon
conviction, must be fined not less than five hundred dollars nor more than one
thousand dollars, or imprisoned not more than one year, or both. In addition,
the court may order the violator to:




 Packet Pg. 9
 3.b




(a) remove or render harmless the litter that he dumped in violation of this
subsection;

(b) repair or restore property damaged by, or pay damages for damage arising
out of, his dumping of litter in violation of this subsection; or

(c) perform community service relating to the removal of litter dumped in
violation of this subsection or relating to the restoration of an area polluted by
litter dumped in violation of this subsection.




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine
involved in the disposal of more than five hundred pounds of litter in violation
of this subsection is declared contraband and is subject to seizure and
summary forfeiture to the State.

(4) If a person sustains damages in connection with a violation of this
subsection that gives rise to a felony against the person or his property, a
court, in a civil action for those damages, shall order the wrongdoer to pay
the injured party threefold the actual damages or two hundred dollars,
whichever amount is greater. In addition, the court shall order the wrongdoer
to pay the injured party's court costs and attorney's fees.

(5) A fine imposed pursuant to this subsection must not be suspended, in
whole or in part.

(G)(1) When the penalty for a violation of this section includes litter-gathering
labor in addition to a fine or imprisonment, the litter-gathering portion of the
penalty is mandatory and must not be suspended; however, the court, upon
the request of a person convicted of violating this section, may direct that the
person pay an additional monetary penalty instead of the litter-gathering
portion of the penalty that must be equal to the amount of fifteen dollars an
hour of litter-gathering labor. Probation must not be granted instead of the
litter-gathering requirement, except for a person's physical or other
incapacities.

(2) Funds collected pursuant to this subsection instead of the mandatory litter-
gathering labor must be remitted to the county or municipality where the
littering violation took place. The money collected may be used for the litter-
gathering supervision.




 Packet Pg. 10
 3.b




(H) A prior violation within the meaning of this section means only a violation
of this section which occurred within a period of five years including and
immediately preceding the date of the last violation.

(I) Magistrates and municipal courts have jurisdiction to try violations of
subsections (A), (B), (C), (D), (E), and (F).

(J)(1) This section shall not apply to the discarding of deceased fish, game, or
wildlife, or the parts or remains thereof, taken as a result of legal hunting or




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
fishing pursuant to Title 50. The exception provided for by this subsection does
not apply to deceased animals, animal parts, or remains thereof that are
deposited or discarded onto the private lands or waters of another without the
owner's permission.

(2) For the purposes of subsections (E) and (F), illegal dumping is defined as
disposing of more than fifteen pounds of any collection of solid waste, litter,
or other materials defined in subsection (A), including discarded, deceased
animals or deceased animal parts which create a hazard to the public health
and welfare, but not defined as a careless, scattered littering of smaller items.

(K)(1) Nothing in this section shall prohibit the authority of a local government
to enforce ordinances relating to the upkeep of property pursuant to Section
4-9-25 and Section 5-7-80.

(2) If a conflict occurs between this section and the Solid Waste Policy and
Management Act as contained in Chapter 96, Title 44, the latter controls.

(L) The Department of Public Safety shall maintain statistical information
regarding citations issued pursuant to this section.

(M) Nothing in this section shall be construed as granting any cause of action
against the State, any political subdivision, or any employee thereof acting in
their official capacity to an individual performing community service under this
section who is completing litter pickup without direct oversight, including any
claim under Workers' Compensation. Routine follow up to ensure completion
of litter pickup by a county, municipality, or state employee is not considered
oversight.

HISTORY: 1962 Code Section 16-396; 1952 Code Section 33-551; 1949 (46)
466; 1953 (48) 160; 1957 (50) 269; 1959 (51) 140; 1966 (54) 2290; 1967
(55) 209, 478; 1971 (57) 853; 1972 (57) 2563; 1973 (58) 205; 1978 Act No.
496 Section 7; 1987 Act No. 135 Section 1; 1988 Act No. 530, Sections 1, 3;
1991 Act No. 63, Section 2; 1992 Act No. 307, Section 1; 1993 Act No. 184,
Section 92; 1994 Act No. 288, Section 1; 1994 Act No. 497, Part II, Section




 Packet Pg. 11
 3.b




36U; 1999 Act No. 100, Part II, Section 106; 2000 Act No. 387, Part II, Section
54B; 2000 Act No; 387, Part II, Section 92A; 2004 Act No. 306, Section 1, eff
September 8, 2004; 2018 Act No. 214 (H.4458), Section 1, eff May 18, 2018.

Effect of Amendment

2018 Act No. 214, Section 1, rewrote the section, restructuring the offenses
to include cigarette butts, cigarette component litter, and deceased animals
in the purview of the statute and restructuring penalties.




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
SECTION 16-11-710. Acceptance of cash bond in lieu of immediate court
appearance in litter control prosecutions.

When any person is charged with a violation of 16-11-700 or any county
ordinance relating to litter control, any officer authorized to enforce such law
or ordinance may accept a cash bond in lieu of requiring an immediate court
appearance. Such bond shall not exceed the maximum fine provided for a
conviction of the offense charged and may be forfeited to the court by the
enforcement officer if the person charged fails to appear in court.

HISTORY: 1962 Code Section 16-396.1; 1975 (59) 317.




 Packet Pg. 12
 3.b




State Law Changes for Fighting Litter


The General Assembly's Act 214 of 2018 made numerous changes
to the way that littering offenses are penalized under state law.

The law, found in SC Code Section 16-11-700, prohibits littering or
disposing of any solid waste in waterways and public property. It




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
also prohibits dumping solid waste on any private property in all
instances where the person dumping the trash is not the property
owner and does not have permission from the property owner.

Here are the penalties that became effective in 2018:

   Dumping less than 15 pounds of litter: a fine of $25 – $100,
 plus eight hours of community service, such as litter cleanup.

   Dumping any amount from 15 – 500 pounds: a fine of $200
 – $500, or up to 30 days in jail, plus community service. The
 amount of community service depends on the number of
 convictions — 16 hours for the first conviction, 24 hours for
 the second and 32 hours for the third or any instance past
 that.

   Dumping any amount above 500 pounds: a fine of $500 –
 $1,000, or up to a year of jail time, or both. Municipal courts
 have jurisdiction on cases involving any amount of litter,
 including amounts above 500 pounds, but are limited to $500
 as a maximum fine.

For any conviction, the court can also order the person to clean up
litter from public or private property, with the property owner's
permission. In cases of more than 500 pounds of waste, the court
can also order the violator to repair the property or pay damages.

https://www.masc.sc/uptown/05-2019/state-law-changes-fighting-litter




 Packet Pg. 13
 3.b




What are the state penalties for littering in South Carolina?

The South Carolina General Assembly recently enacted Act 214 of
2018, amending Section 16-11-700 of the state litter laws. This
action by the Legislature was done in an effort to give magistrates
and municipal courts greater flexibility in the prosecution of litter
cases. The new law makes it easier to achieve court-ordered
community service/litter pick up by removing the requirement for




 Attachment: SC Code of Laws 16-11-700 Littering (9617 : Review of Fines for Littering)
supervision. Act 214 also “makes the penalties fit the crime” by
classifying violations into distinct categories as shown below and
providing for a definition of litter.

https://www.palmettopride.org/enforcement/sc-litter-laws/




 Packet Pg. 14

COUNCIL LEGISLATIVE COMMITTEE MEETING MINUTES
 TUESDAY, SEPTEMBER 17, 2024

CALL TO ORDER

The Council Legislative Committee conducted a meeting on Tuesday, September
17, 2024 at City Hall (Mayor’s Conference Room), 1737 Main Street, Second Floor,
Columbia, South Carolina 29201. The Honorable Daniel J. Rickenmann, Mayor
called the meeting to order at 10:04 a.m.

Attendee Name Title Status
Daniel J. Rickenmann Chair Present
Will Brennan Member Present
Aditi Bussells Member Present

COMMITTEE DISCUSSION

1. Automated Traffic Safety Technologies – Ms. Jessica Shand, The Southern
 Group – Endorsed for City Council Consideration

Ms. Jessica Shand, The Southern Group presented on behalf of Citizens for Safe
Streets, a non-profit advocating for Automated Road Safety Technology (ARST) to
reduce traffic deaths in South Carolina. The state leads in deaths per 100 million
vehicle miles. The technology now captures only the offender's license plate, not
their face.

There was discussion about privacy concerns; tickets enforcement in other states;
legislative pushback; need for action in school zones; potential champion to push
bill forward; bill language; and goals for the legislative session.

Mayor Rickenmann recommended presenting it to City Council as an opt-in option,
with a funding proposal and sharing a resolution with other municipalities.

Councilor Brennan suggested partnering with school districts for a pilot program.

There was consensus of the Committee to add Agenda Item 1 to Executive Session
for the October 1, 2024 City Council meeting.

2. State Legislative Watchlist for 2025 Session - Mr. Kyle Michel, Kyle Michel
 Law Firm; Mr. Damon Jeter, Jet Corp Consulting Group, LLC; and Ms.
 Caroline Delleney, Due South Advocacy, LLC – Received as information.




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 COUNCIL LEGISLATIVE COMMITTEE MEETING MINUTES
 TUESDAY, SEPTEMBER 17, 2024

Ms. Pamela Benjamin, CPM, Assistant City Manager for Administrative Services said
we are being proactive about some of the anticipated bills and state legislation on
the watch list. This is a list of staff recommendations and things from previous
legislative sessions.

Mr. Kyle Michel, Kyle Michel Law Firm provided an overview of the topics and bills
that are currently being monitored for the 2025 session.

Ms. Teresa Knox, City Attorney explained that under the current state law a dog
bite automatically results in liability, which applies primarily to pet owners but now
extends to shelters as well. There are no defenses available to the city in these
cases.

Mr. Kyle Michel, Kyle Michel Law Firm explained that liquor liability insurance was
highly debated in the last legislative session, with significant challenges faced by
restaurants and entertainment venues in affording liability insurance. Currently, this
matter is under review by a study committee.

There was discussion about cities being united against effects on the hospitality
industry and small businesses; brown-bagging and disinformation; rising costs;
license reform and outdated liquor laws; businesses choosing other states; and
restaurant closings.

Mr. Kyle Michel, Kyle Michel Law Firm explained that vaping regulation has
remained on the list as a concern and asked for feedback. It was passed in the
Senate but did not move in the House.

Mayor Rickenmann raised concerns about the growing issue of illegal vaping
products. There is currently no effective regulation or enforcement in place. He
expressed particular concern about underage users.

There was discussion about the product registration; legality of vaping products and
additional federal authority in the bill.

Mr. Kyle Michel, Kyle Michel Law Firm explained H. 374, which involved municipal
election changes and trying to move elections to a different date. It passed the
House and the Senate amended and passed the bill, however the House never
utilized the Senate’s amendments to the bill.

There was discussion about reasons to change election dates.




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 COUNCIL LEGISLATIVE COMMITTEE MEETING MINUTES
 TUESDAY, SEPTEMBER 17, 2024

Mr. Kyle Michel, Kyle Michel Law Firm provided an explanation regarding S. 1017, a
bill addressing property tax exemptions for nonprofit housing corporations. He
emphasized the importance of passing this legislation to correct an oversight in a
2020 bill. The legislation aims to benefit nonprofit-owned developments that
provide affordable housing, making these projects more economically sustainable.

Mayor Rickenmann highlighted that some apartment complexes which were sold to
nonprofits are no longer being utilized for affordable housing as originally intended.
They are using the status to avoid being taxed instead of paying the full bill of sale.

Mr. Kyle Michel, Kyle Michel Law Firm discussed H. 4118 – Community
Development Tax Credits. This bill aims to extend a tax credit that expired on June
30, 2023 to June 30, 2029. It was passed by the House in 2023 but did not move
forward in the Senate in 2024. The tax credits are used by community development
organizations to attract donations that support their funding efforts. The bill is
expected to be reintroduced in the future.

There was discussion about why it stalled in the Senate.

Mr. Kyle Michel, Kyle Michel Law Firm shared the anticipated topics for 2025:

  S. 251 Worker’s Comp for First Responder PTSD
  Short Term Rentals
  Tort Claims Act Changes
  Return to Work Proviso

Ms. Pamela Benjamin, CPM, Assistant City Manager for Administrative Services
explained that the proviso for law enforcement was removed along with provisos for
other essential employees. The proviso is important because of its impact on us as
a city. We had individuals working under the proviso before it was removed.

Dr. Tiniece Javis, Director of Human Resources noted that 13 individuals used the
proviso, which helps with recruitment, retention, and maintaining experienced
professionals. However, it poses a challenge for PEBA due to financial losses when
retirees continue working.

There was discussion about departments that utilized the  proviso;
recommendations for talent retention and the retiree system; and applicable
scenarios.




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 COUNCIL LEGISLATIVE COMMITTEE MEETING MINUTES
 TUESDAY, SEPTEMBER 17, 2024

Ms. Teresa Wilson, City Manager explained that lobbyists advocated for the proviso
in response to COVID. Last year, we realized that removing COVID provisions also
impacted employees' ability to return without restrictions, prompting us to focus on
removing this specific component separately.

Mr. Kyle Michel, Kyle Michel Law Firm shared the State Owned Road Maintenance
Standards.

There was discussion about leverage, partnerships, and beautification efforts.

There was consensus of the Committee to meet more often during the Legislative
session.

3. Review of Fines for Littering - The Honorable Aditi Bussells – Received as
 information

Councilor Bussells argued that a $50 fine is too low to hold people accountable for
illegal dumping and that increasing the fine would highlight its seriousness and
encourage behavioral change.

There was a discussion about the various types of littering; the challenges faced by
the city; evictions ; the approach taken by other municipalities; and the issuance of
citations.

There was consensus of the Committee on the need for improved communication
between lobbyists, staff, and committee members regarding bills and other
legislation, and agreed to meet more consistently during the legislative session to
ensure better coordination and timely updates.

ADJOURNMENT

The meeting was adjourned at 11:30 a.m.

Respectfully submitted:



Erika D. Moore Hammond, CMC
City Clerk




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