§ 10-42. Enforcement; penalties.

(a)

Enforcement agent. The duty of administering the provisions of this chapter shall be conferred upon the Horry County Department of Environmental Services and its authorized agents.

(b)

First offense. Any person who is found to be in violation of any provisions of this chapter shall be guilty of a misdemeanor and upon conviction for a first offense be fined no less two hundred dollars ($200.00) or more than five hundred dollars ($500.00) and up to thirty (30) days in jail. In lieu of cash payment, a minimum of forty (40) hours of community service, as defined in section 10-42(d), based upon five dollars ($5.00) per hour may be performed for a first offense.

(c)

Second and subsequent offenses. Any person who is found to be in violation of any provisions of this chapter shall be guilty of a misdemeanor and upon conviction for a second and subsequent offense be fined no less than five hundred dollars ($500.00) and no less than fifteen (15) days or more than thirty (30) days in jail. Also, a minimum of one hundred (100) hours of community service, as defined in section 10-42(d), must be served in addition to any other penalty imposed.

(d)

Mandatory litter removal authorized. In addition to the other punishments authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by that court to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that litter has been deposited by someone other than the legal owner of the property, all litter deposited on the place or property by anyone. This shall constitute the community service specified herein.

(e)

Injunctive relief for future violations authorized. In addition to the above penalties, the county council or its duly appointed representative may apply to a court of competent jurisdiction to obtain injunctive relief restraining any person or governmental unit or agency of any act which is prohibited by any provisions of this chapter.

(f)

Injunctive relief authorized for imminent danger. In the event that any property, any occupant of a property or any citizen is in danger is threatened by probable imminent danger because of an apparent violation of this chapter, the county attorney and/or person in danger may in addition to other remedies, request injunction, mandamus or other appropriate legal action or proceedings to prevent such unlawful occurrence or to correct or to abate the violation.

(g)

Continuing violations. Each day that any person is found to be in violation of any provisions of this chapter after sufficient notification to abate shall constitute a separate violation.

(h)

Violations deemed a public nuisance. Any violations of any of the provisions of this chapter are deemed a threat to the health and/or safety of the public and are hereby deemed public nuisance.

(Ord. No. 50-01, § 1, 7-10-01)