bmccrary
Touring Mod
As many of you may be aware, and those thay may not, the bike weeks at MB are more than likely coming to an end. 20 days of noise, drunks and wreckless-ness might be coming to and end.
I must admit, I for one and for this and I hope that all goes well. However I believe the easiest way to end it would be to have S.C. pass the helment law.
But for those who have some time and care to do some reading. Here is the plan...
Myrtle Beach's proposed motorcycle rally ordinances:
Ordinance 2008-57: The Nuisance Ordinance
What it says: It declares bike rallies - and all other unpermitted
events that require extra city money, time and resources - to be
nuisances, and allows the city to hold those responsible for the
events liable for the city's costs.
Details:
The city says if you promote or sponsor unpermitted events that focus
on Myrtle Beach, you are liable for the costs the city racks up
trying to police the events and clean up after them. The city has
said it will apportion responsibility on a case-by-case basis.
It does not matter how often the events occur, how long they have
gone on or what the time between them is. Even if the nuisance occurs on private property, the property owner can be cited.
Penalty: Violating this law could land you in jail as well as hit
your wallet. You can be cited criminally for the nuisance, and can be
sued by the city for the city's costs because of your event.
When it takes effect: Immediately upon adoption.
Ordinance 2008-58: The Spillover Ordinance
What it says: Nuisances can come from outside the city, and the city
can still hold organizers and promoters responsible for the city's
costs.
Details:
If you are planning an event that you think could spill over into the
city and cause city staff or police officers to have to respond, you
should apply for a special-events permits. The city grants no special-events permits during the month of May.
Penalty: Like Ordinance 58, it's both civil and criminal. The city
can go to court and seek an arrest warrant against you and take you
to court to try and recover its costs.
When it takes effect: Immediately upon adoption.
Ordinance 2008-59: 2 a.m. Bar-Closings
What it says: Only those businesses that have applied for exemptions
can remain open and serve beer and wine after 2 a.m.
Details:
All businesses that sell beer and wine after 2 a.m. can apply for,
and will get exemptions, as long as they meet security standards and
do not hold drinking contests or events or contests that involve
disrobing - like wet T-shirt contests. All security personnel must be licensed by the state and bonded. If your business does not provide security personnel and two criminal offenses - robberies, drug violations, assaults, disturbing-the-peace incidents or alcohol violations - occur within six months of each other, you will be required to provide security personnel. If you do not within 30 days, you lose your exemption for one year. No business with the exemption can have more than three such
incidents within three months without losing its exemption for a year.
Businesses that have two violations related to alcohol service to
minors or people who are already intoxicated within six months will
have to undergo training.
Penalty: Losing your business' exemption. If you lose your exemption
for a year, that year must be incident-free before you can re-apply
for the exemption.
When it takes effect: 90 days after adoption.
Ordinance 2008-60: Don't Dine & Dash
What it says: If you get food or drinks and leave without paying,
you're in trouble.
Details:
If you have a dispute over the bill or the service or the quality of
the food, you must leave identification so the dispute can be
resolved later. It's not OK to just leave without paying.
The ordinance allows the city to prosecute these incidents instead of
having to turn them over to the state to be prosecuted as theft or
larceny.
Penalty: It's a misdemeanor, punishable by a fine of up to $500
and/or up to 30 days in jail.
When it takes effect: Immediately upon adoption.
Ordinance 2008-61: Room Rental Rules
What it says: If your property is subject to the accommodations tax,
you must: Keep a guest register showing the name, residence and check-in and check-out dates of every single guest in every single room.
Every single guest will be identified, and the person financially
responsible for the room will produce a driver's license or state ID
and his or her home address. The responsible guest will provide the license-plate number of every single vehicle associated with his or her room. The innkeeper, hotel/motel or rental agent will issue a parking
placard for every one of those vehicles, even if they are parked on
the streets, and the placards will be displayed at all times.
Anyone under 18 must check in with an adult - a parent or chaperone.
The adult must accept responsibility for all damage to the room.
There's no camping, partying, drinking in or destruction of city-
required landscaped areas at any business.
Penalty: An administrative infraction against the property owner or
agent. See Ordinance 2008-71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-62: Parking Lots are Parking Lots
What it says: Parking lots are not places for impromptu parties,
camping or bars.
Details:
You cannot drink or have open containers of alcohol in parking lots
unless the business owner has an exemption.
Penalty: It's an administrative infraction for those drinking, those
allowing the drinking and the property owners.
When it takes effect: 90 days after adoption.
Ordinance 2008-63: Get Out of the Bushes
What it says: No loitering, lingering, partying, camping or otherwise
congregating in city-required landscaped areas.
Details:
Business/property owners must provide security and policies to
discourage the behavior.
Penalty: An administrative infraction against the people in the
landscaped areas and the property owner or agent. See Ordinance 2008-
71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-64: The Helmet Law
What it says: Anyone on a motorcycle or mo-ped must wear a helmet and
protective eyewear inside city limits.
Details:
Helmets must meet federal safety standards. Such helmets come with
stickers inside indicating compliance, but even if the stickers are
missing, the helmet is OK as long as it's clearly compliant.
Helmets must have chinstraps and they must be used.
Protective eyewear includes sunglasses and goggles, but does not
require a full-face shield. No one can sell helmets for road use that do not meet safety standards.
Penalty: An administrative infraction. See Ordinance 2008-71 for
explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-65: Oversized Parking Regulations
What it says: No parking boats, boat trailers, horse trailers, travel
trailers, motorcoaches, tent-trailers, converted vans and buses, semi-
trailers, tractors, tractor-trailer rigs or recreational vehicles on
city streets. If it's longer than 20 feet and taller than 9 feet and
wider than 7 feet, it's not OK for city-street parking.
Details:
Moving vans are OK with a permit issued free through the Myrtle Beach
Police Department.
Penalty: An administrative infraction and impoundment of the vehicle.
When it takes effect: 90 days after adoption.
Ordinance 2008-66: Convenience- business Security
What it says: Certain security measures are required at convenience
stores and businesses with drive-throughs.
Details:
Convenience businesses will all have: security camera systems; a cash-
drop safe or other cash-management device; lighted parking lots; no
signs blocking the view of the parking area from inside the store;
height markers at the entrances; a policy limiting cash on hand after
11 p.m.; posted no-loitering signs; a silent alarm to a private
company; no window tinting that reduces exterior or interior sight.
Businesses can apply for exemptions to the silent-alarm requirement
through the police department for $25. If your business has a robbery, attempted robbery or other violent crime arising from a robbery within two years of the date the ordinance takes effect, you'll have to do one of the following: Have two employees on duty from 11 p.m. to 5 a.m.; have a security guard from 11 p.m. to 5 a.m.; lock the doors between 11 p.m. and 5 a.m. and do business through a window or pass-through; or close between 11 p.m. and 5 a.m.
Penalty: An administrative infraction against the business owner. See
Ordinance 2008-71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-67: Juvenile Curfew
What it says: Kids under 18 cannot be out in public areas from 1-6
a.m. unless with a parent or guardian
Details:
There are exceptions: natural disaster, fire, vehicle accidents or
any situation in which a minor is avoiding serious injury or death;
working or going to or coming back from work; on the sidewalk
abutting the minor's house; on a school, church, city, civic,
recreational or governmental activity; or if the minor is married or
emancipated. Before taking any action, an officer will ask the suspected minor's age, ask for ID, and can take the minor into custody while contacting parents or guardians, but only if it seems the minor is in danger or that none of the exceptions apply.
Penalty: An administrative infraction against the minor and his or
her parent or guardian. See Ordinance 71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-68: The Noise Ordinance
What it says: Motor vehicles that do not meet city noise standards
can be impounded and stored until the owner or operator can get them
out of town without operating them illegally. Also, leave the rubber
on your tires, not on the road.
Details:
Motorcycles built after Dec. 31, 1982, must have unmodified exhaust
mufflers bearing federal Environmental Protection Agency stickers or
stamps. Motorcycles built before Dec. 31, 1982, must not be louder
than 83 decibels when measured from 20 inches away. Not allowed: broken, straight-pipe, hollow-core or off-road mufflers, a muffler system that bypasses the regular muffler system or any muffler that is modified to increase noise. Regardless of the muffler, you cannot: "burn out," "burn
rubber," "lay down rubber" or "peel rubber."
Penalty: An administrative infraction and vehicle can be impounded
and stored until the rider/driver/ owner can either fix the muffler
system or get the vehicle out of town without driving it.
When it takes effect: 90 days after adoption.
Ordinance 2008-69: The Loitering Ordinance
What it says: Don't loiter where signs have been posted saying "no
loitering."
Penalty: A criminal offense. It's a misdemeanor and can get you up to
a $500 fine and/or up to 30 days in jail.
When it takes effect: Immediately after adoption.
Ordinance 2008-70: Motorcycle Parking
What it says: One bike to a parking space at all times, and no
deactivating parking meters for bikes.
Details:
In the past, the city has allowed motorcycle riders to park more than
one bike in each parking space. The city also used to allow business owners to pay a $10-a-day fee to deactivate parking meters in front of their businesses for motorcycles.
Penalty: It's a misdemeanor for the riders violating parking rules
and for business owners ignoring or violating the meter-deactivation
rule.
When it takes effect: Immediately after adoption.
Ordinance 2008-71: The Administrative Justice Ordinance
What it says: The city will create an administrative hearing process
to deal with administrative infractions.
Details:
The city manager will oversee the administrative hearing division and
will help select an administrative officer to act as the judge. That
officer must be an attorney with at least three years of active
practice. The administrative officer can hold conferences; administer oaths; hear testimony; issue subpoenas; rule on motions, objections and the admissibility of evidence; issue a final order; and impose penalties
and fines, among other duties. All sworn police personnel, code-enforcement officers, city inspectors and fire prevention personnel can give out administrative infraction citations. The city attorney, assistant city attorney or designated attorney will appear for the city, while the person cited can represent himself or have an attorney do so. Hearsay is permitted and documents can be received into evidence without formal proof of authenticity, but the judge decides how much weight - if any - that evidence carries. If you are issued an administrative citation, you can pay the fine within 30 days or attend the hearing and challenge the citation. If the judge imposes a fine, you have 10 days to pay it.
If you ignore the judge's order, it's a misdemeanor and carries
criminal penalties. If fines and assessments are not paid within 10 days, they go up by $100 every 30 days after that.
When it takes effect: Immediately after adoption
I must admit, I for one and for this and I hope that all goes well. However I believe the easiest way to end it would be to have S.C. pass the helment law.
But for those who have some time and care to do some reading. Here is the plan...
Myrtle Beach's proposed motorcycle rally ordinances:
Ordinance 2008-57: The Nuisance Ordinance
What it says: It declares bike rallies - and all other unpermitted
events that require extra city money, time and resources - to be
nuisances, and allows the city to hold those responsible for the
events liable for the city's costs.
Details:
The city says if you promote or sponsor unpermitted events that focus
on Myrtle Beach, you are liable for the costs the city racks up
trying to police the events and clean up after them. The city has
said it will apportion responsibility on a case-by-case basis.
It does not matter how often the events occur, how long they have
gone on or what the time between them is. Even if the nuisance occurs on private property, the property owner can be cited.
Penalty: Violating this law could land you in jail as well as hit
your wallet. You can be cited criminally for the nuisance, and can be
sued by the city for the city's costs because of your event.
When it takes effect: Immediately upon adoption.
Ordinance 2008-58: The Spillover Ordinance
What it says: Nuisances can come from outside the city, and the city
can still hold organizers and promoters responsible for the city's
costs.
Details:
If you are planning an event that you think could spill over into the
city and cause city staff or police officers to have to respond, you
should apply for a special-events permits. The city grants no special-events permits during the month of May.
Penalty: Like Ordinance 58, it's both civil and criminal. The city
can go to court and seek an arrest warrant against you and take you
to court to try and recover its costs.
When it takes effect: Immediately upon adoption.
Ordinance 2008-59: 2 a.m. Bar-Closings
What it says: Only those businesses that have applied for exemptions
can remain open and serve beer and wine after 2 a.m.
Details:
All businesses that sell beer and wine after 2 a.m. can apply for,
and will get exemptions, as long as they meet security standards and
do not hold drinking contests or events or contests that involve
disrobing - like wet T-shirt contests. All security personnel must be licensed by the state and bonded. If your business does not provide security personnel and two criminal offenses - robberies, drug violations, assaults, disturbing-the-peace incidents or alcohol violations - occur within six months of each other, you will be required to provide security personnel. If you do not within 30 days, you lose your exemption for one year. No business with the exemption can have more than three such
incidents within three months without losing its exemption for a year.
Businesses that have two violations related to alcohol service to
minors or people who are already intoxicated within six months will
have to undergo training.
Penalty: Losing your business' exemption. If you lose your exemption
for a year, that year must be incident-free before you can re-apply
for the exemption.
When it takes effect: 90 days after adoption.
Ordinance 2008-60: Don't Dine & Dash
What it says: If you get food or drinks and leave without paying,
you're in trouble.
Details:
If you have a dispute over the bill or the service or the quality of
the food, you must leave identification so the dispute can be
resolved later. It's not OK to just leave without paying.
The ordinance allows the city to prosecute these incidents instead of
having to turn them over to the state to be prosecuted as theft or
larceny.
Penalty: It's a misdemeanor, punishable by a fine of up to $500
and/or up to 30 days in jail.
When it takes effect: Immediately upon adoption.
Ordinance 2008-61: Room Rental Rules
What it says: If your property is subject to the accommodations tax,
you must: Keep a guest register showing the name, residence and check-in and check-out dates of every single guest in every single room.
Every single guest will be identified, and the person financially
responsible for the room will produce a driver's license or state ID
and his or her home address. The responsible guest will provide the license-plate number of every single vehicle associated with his or her room. The innkeeper, hotel/motel or rental agent will issue a parking
placard for every one of those vehicles, even if they are parked on
the streets, and the placards will be displayed at all times.
Anyone under 18 must check in with an adult - a parent or chaperone.
The adult must accept responsibility for all damage to the room.
There's no camping, partying, drinking in or destruction of city-
required landscaped areas at any business.
Penalty: An administrative infraction against the property owner or
agent. See Ordinance 2008-71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-62: Parking Lots are Parking Lots
What it says: Parking lots are not places for impromptu parties,
camping or bars.
Details:
You cannot drink or have open containers of alcohol in parking lots
unless the business owner has an exemption.
Penalty: It's an administrative infraction for those drinking, those
allowing the drinking and the property owners.
When it takes effect: 90 days after adoption.
Ordinance 2008-63: Get Out of the Bushes
What it says: No loitering, lingering, partying, camping or otherwise
congregating in city-required landscaped areas.
Details:
Business/property owners must provide security and policies to
discourage the behavior.
Penalty: An administrative infraction against the people in the
landscaped areas and the property owner or agent. See Ordinance 2008-
71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-64: The Helmet Law
What it says: Anyone on a motorcycle or mo-ped must wear a helmet and
protective eyewear inside city limits.
Details:
Helmets must meet federal safety standards. Such helmets come with
stickers inside indicating compliance, but even if the stickers are
missing, the helmet is OK as long as it's clearly compliant.
Helmets must have chinstraps and they must be used.
Protective eyewear includes sunglasses and goggles, but does not
require a full-face shield. No one can sell helmets for road use that do not meet safety standards.
Penalty: An administrative infraction. See Ordinance 2008-71 for
explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-65: Oversized Parking Regulations
What it says: No parking boats, boat trailers, horse trailers, travel
trailers, motorcoaches, tent-trailers, converted vans and buses, semi-
trailers, tractors, tractor-trailer rigs or recreational vehicles on
city streets. If it's longer than 20 feet and taller than 9 feet and
wider than 7 feet, it's not OK for city-street parking.
Details:
Moving vans are OK with a permit issued free through the Myrtle Beach
Police Department.
Penalty: An administrative infraction and impoundment of the vehicle.
When it takes effect: 90 days after adoption.
Ordinance 2008-66: Convenience- business Security
What it says: Certain security measures are required at convenience
stores and businesses with drive-throughs.
Details:
Convenience businesses will all have: security camera systems; a cash-
drop safe or other cash-management device; lighted parking lots; no
signs blocking the view of the parking area from inside the store;
height markers at the entrances; a policy limiting cash on hand after
11 p.m.; posted no-loitering signs; a silent alarm to a private
company; no window tinting that reduces exterior or interior sight.
Businesses can apply for exemptions to the silent-alarm requirement
through the police department for $25. If your business has a robbery, attempted robbery or other violent crime arising from a robbery within two years of the date the ordinance takes effect, you'll have to do one of the following: Have two employees on duty from 11 p.m. to 5 a.m.; have a security guard from 11 p.m. to 5 a.m.; lock the doors between 11 p.m. and 5 a.m. and do business through a window or pass-through; or close between 11 p.m. and 5 a.m.
Penalty: An administrative infraction against the business owner. See
Ordinance 2008-71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-67: Juvenile Curfew
What it says: Kids under 18 cannot be out in public areas from 1-6
a.m. unless with a parent or guardian
Details:
There are exceptions: natural disaster, fire, vehicle accidents or
any situation in which a minor is avoiding serious injury or death;
working or going to or coming back from work; on the sidewalk
abutting the minor's house; on a school, church, city, civic,
recreational or governmental activity; or if the minor is married or
emancipated. Before taking any action, an officer will ask the suspected minor's age, ask for ID, and can take the minor into custody while contacting parents or guardians, but only if it seems the minor is in danger or that none of the exceptions apply.
Penalty: An administrative infraction against the minor and his or
her parent or guardian. See Ordinance 71 for explanation.
When it takes effect: 90 days after adoption.
Ordinance 2008-68: The Noise Ordinance
What it says: Motor vehicles that do not meet city noise standards
can be impounded and stored until the owner or operator can get them
out of town without operating them illegally. Also, leave the rubber
on your tires, not on the road.
Details:
Motorcycles built after Dec. 31, 1982, must have unmodified exhaust
mufflers bearing federal Environmental Protection Agency stickers or
stamps. Motorcycles built before Dec. 31, 1982, must not be louder
than 83 decibels when measured from 20 inches away. Not allowed: broken, straight-pipe, hollow-core or off-road mufflers, a muffler system that bypasses the regular muffler system or any muffler that is modified to increase noise. Regardless of the muffler, you cannot: "burn out," "burn
rubber," "lay down rubber" or "peel rubber."
Penalty: An administrative infraction and vehicle can be impounded
and stored until the rider/driver/ owner can either fix the muffler
system or get the vehicle out of town without driving it.
When it takes effect: 90 days after adoption.
Ordinance 2008-69: The Loitering Ordinance
What it says: Don't loiter where signs have been posted saying "no
loitering."
Penalty: A criminal offense. It's a misdemeanor and can get you up to
a $500 fine and/or up to 30 days in jail.
When it takes effect: Immediately after adoption.
Ordinance 2008-70: Motorcycle Parking
What it says: One bike to a parking space at all times, and no
deactivating parking meters for bikes.
Details:
In the past, the city has allowed motorcycle riders to park more than
one bike in each parking space. The city also used to allow business owners to pay a $10-a-day fee to deactivate parking meters in front of their businesses for motorcycles.
Penalty: It's a misdemeanor for the riders violating parking rules
and for business owners ignoring or violating the meter-deactivation
rule.
When it takes effect: Immediately after adoption.
Ordinance 2008-71: The Administrative Justice Ordinance
What it says: The city will create an administrative hearing process
to deal with administrative infractions.
Details:
The city manager will oversee the administrative hearing division and
will help select an administrative officer to act as the judge. That
officer must be an attorney with at least three years of active
practice. The administrative officer can hold conferences; administer oaths; hear testimony; issue subpoenas; rule on motions, objections and the admissibility of evidence; issue a final order; and impose penalties
and fines, among other duties. All sworn police personnel, code-enforcement officers, city inspectors and fire prevention personnel can give out administrative infraction citations. The city attorney, assistant city attorney or designated attorney will appear for the city, while the person cited can represent himself or have an attorney do so. Hearsay is permitted and documents can be received into evidence without formal proof of authenticity, but the judge decides how much weight - if any - that evidence carries. If you are issued an administrative citation, you can pay the fine within 30 days or attend the hearing and challenge the citation. If the judge imposes a fine, you have 10 days to pay it.
If you ignore the judge's order, it's a misdemeanor and carries
criminal penalties. If fines and assessments are not paid within 10 days, they go up by $100 every 30 days after that.
When it takes effect: Immediately after adoption
