Myrtle Beach plan would set tight restrictions for certain events
Myrtle Beach officials said after months of preparing and planning for Memorial Day weekend, they want to put laws in place just in case things go badly.
Myrtle Beach City Council on Tuesday approved first reading of an ordinance amendment that creates “extraordinary events” as those events that place a significant strain on public resources and the “city’s ability to adequately protect the welfare of citizens, businesses, and visitors.”
The ordinance gives the city manager authority to temporarily close businesses in certain areas between 11 p.m. and 6 a.m.; require businesses in those areas to employ private security officers; and to create “no cruising zones” for all vehicles, among other things.
“This gives us the authority to be able to do whatever it is that needs to be done to protect our residents and our visitors,” Mayor John Rhodes said.
Extraordinary events, according to the ordinance, are Atlantic Beach Bikefest – which occurs for several days before Memorial Day – and a performance event, such as the Carolina Country Music Festival, that is expected to draw 10,000 attendees. Other extraordinary events include debates for political office and the appearance of the state-wide elected officials, national or international political or religious dignitary.
The ordinance also allows City Council to declare any planned event that may or has recently resulted in death, personal injury, property damage or destruction and majorly disrupts the city as an extraordinary event.
Grand Strand officials have worked since last May to improve safety during Memorial Day weekend – which turned deadly last year. Three people died and seven were injured in eight shootings on Ocean Boulevard in Myrtle Beach when tens of thousands of people travel to the area to enjoy a three-day weekend at the beach or participate in Bikefest.
“I’m not going to pretend [the ordinance] is not for Memorial Day,” City Manager John Pedersen. “We’ve spent a lot of time putting positive things out there, working with community ambassadors and educating the public. We’re all hoping that there are no incidents during the event this year. ... This is preparing just in case things don’t go well in order to manage the situation.”
Those who disobey the ordinance would be charged with a misdemeanor and would face a fine of up to $500 or jail time up to 30 days, or a combination of both.
“Use of this is going to be very remote,” Pedersen said. “It would take a situation that could not be managed otherwise. ... We would only resort to [enforcing] this if it’s necessary to take these actions.”
Councilman Wayne Gray said the ordinance empowers the city manager to act quickly in the case of unexpected extraordinary events.
“We want to implement strategies, practices and procedures in the event of an extraordinary event,” Gray said.
During a declared extraordinary event, several items – which could include animals, police scanners, coolers carried with the intent to conceal a weapon and others – would be deemed unlawful. The ordinance outlines that a defendant could prove that he or she had the item for a legitimate use in defense to prosecution.
“I don’t want the take away to be that people can be arrested at first blush,” police spokesman Lt. Joey Crosby said. “Officers will assess what the situation is – if there is criminal intent.”
Several items are prohibited if they are carried with a criminal intent, but Crosby said if someone is seen carrying a backpack or glass bottle they won’t automatically be cited or arrested.
“Possession of those items would be unlawful, but it’s no exception for the Fourth Amendment,” Crosby said.
Violet “Heels” Lucas, a motorcycle advocate who has been working with the city to publicize plans and positive behavior for Memorial Day weekend, said she feels the motorcycle community will have some concerns with the ordinance.
“There’s a gray area,” she said. “We don’t want to be profiled or stopped because police think we have [unlawful] intentions. Whose to say what my intentions are?”
Council also approved first reading of an ordinance that defines riots and unlawful assemblies as three or more people acting in a way that jeopardizes public safety and authorizes police to order a crowd to disperse whether on public or private property.
Both ordinances could be on the agenda for second and final reading as soon as April 28.
Contact MAYA T. PRABHU at 444-1722 or on Twitter @TSN_mprabhu.
Prohibited during “extraordinary events”
During the period of time and within the boundaries of an extraordinary event, it shall be unlawful for any person to willfully or intentionally possess, carry, control or have immediate access by reaching in any conveyance to any of the following:
▪ a bar, chain, shaft, staff, cable, wire, lumber, or plastic pipe capable of inflicting serious injury to a person if thrown at or struck upon another;
▪ a container or object of sufficient weight that may be used as a projectile, or that contains objects that may be used as a projectile, that could inflict serious injury to a person or damage to property;
▪ an aerosol container, spray gun or soaker device
▪ a paint gun, etching materials, spray paint container, liquid paint or marker containing a fluid that is not water soluble;
▪ a backpack, duffel bag, satchel, cooler or other item carried with the intent to conceal weapons or other prohibited items;
▪ a glass or breakable container capable of being filled with a flammable or dangerous substance carried with the intent to inflict serious injury to a person or damage to property;
▪ a sharp or bladed objects such as a box cutter, utility knife, ice pic, axe, or any other cutting object;
▪ a hammer, pry bar, screwdiver [sic] or crow bar;
▪ pepper spray, mace or any other irritant carried with the intent to delay, obstruct or resist the lawful orders of a law enforcement officer;
▪ body armor, shield, helmet, protective pads, or gas masks carried or worn with the intent to delay, obstruct or resist the lawful orders of a law enforcement officer;
▪ a mask, bandana, ski-mask, hat, hood or scarf worn with the intent or effect to hide one’s face;
▪ a police scanner;
▪ rocks, bottles, objects, bricks or pieces thereof that are of sufficient weight or design as to cause serious injury to a person if thrown at or struck upon another;
▪ a device used to shoot, hurl or project a missile of any description capable of inflicting serious injury to a person;
▪ a “sock” or “pocket” containing material of sufficient weight as to cause serious injury to a person if thrown at or struck upon another;
▪ fireworks, smoke bombs, sparklers, and stink-bombs;
▪ an animal, unless it is a service animal used to assist a person with a disability, limited to canines.
The following factors shall be a defense to prosecution for a violation ... :
▪ the defendant was engaged in, or on the way to or from, a governmentally permitted activity in which he or she legitimately used the device or object;
▪ the defendant possessed that object for that legitimate use; and
▪ the defendant did not use or attempt to use the object as a weapon or to injure another person or damage property.
This story was originally published April 14, 2015 at 9:49 PM with the headline "Myrtle Beach plan would set tight restrictions for certain events."