§ 38-91. Solicitations on public streets and highways.

(a)

Except as authorized herein and subject to the provisions of S.C. Code 1976, § 5-27-910, as amended, no person shall stand on a highway or street for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.

(b)

Any rescue squad, volunteer fire department, charitable organization, or eleemosynary organization may solicit funds on highway and streets located within the unincorporated areas of Berkeley County so long as such organization has obtained a permit as provided in subsection (c) and such organization retains the permit within its possession at the site of the solicitation.

(c)

The Berkeley County Sheriff's Office shall issue a permit to organizations described in subsection (b); provided that the sheriff's office may, as a condition of such permit, impose such reasonable limits upon the solicitation as it determines are necessary to protect the health and safety of motorists, pedestrians, and those soliciting for an organization and to ensure that the solicitation does not unreasonably impeded the flow of traffic. No organization may be issued more than two permits per calendar year. A permit may be issued for up to six days. Solicitations may only occur during daylight hours.

(d)

The violation of any provision of this section shall be subject to a fine not exceeding $500.00, imprisonment not exceeding 30 days, or both. Each day or portion thereof during which a violation of any ordinance of this provision is continued or committed is a separate offense.

(e)

As provided in S.C. Code 1976, § 5-27-910, as amended, Berkeley County is immune from liability as provided in the South Carolina Tort Claims Act for any loss or injury occurring as a result of these solicitations.

(Ord. No. 14-05-08, §§ 1—5, 5-27-2014)

Editor's note

Ord. No. 14-05-08, §§ 1—5, adopted May 27, 2014 did not specifically amend the Code, hence its inclusion herein was at the discretion of the editor.