Decision Paper April 25, 2016

Written by: Mayor Childs, Councilmember Courtney and Town Clerk Herrmann

1. SUBJECT: Second Reading Ordinance #17-0842

2. PURPOSE: To limit the size and placement of canopies, tents or other

shading devices during 2017; to prohibit tents on the beach beginning January 1,
2018; to establish an emergency lane, etc.

3. ASSUMPTIONS: Town Council desires to provide for the protection and safety of its residents
and tourists that use the beach, and to accommodate those who made plans to
vacation in Surfside Beach during the 2017 summer season because they
could use tents.

4. FACTS:
(a) Town Council concurred at the March 28, 2017 regular meeting to consider an
ordinance to prohibit tents on the beach
(b) Ordinances from area municipalities and Horry County were considered in the drafting
of this ordinance
(c) The proposed ordinance provides for shading devices, but establishes a maximum size
on tents to allow the use of baby tents, and umbrellas, etc.
(d) The proposed ordinance establishes an emergency lane extending eight feet from the
dune line, and provides that the chief of police may establish additional temporary emergency lanes
as needed
(e) The proposed ordinance prohibits beach paraphernalia being left unattended
(f) The proposed ordinance establishes that sand fencing and dune walk overs may not be
used as anchors
(g) The proposed ordinance establishes that violations of the ordinance shall be a
misdemeanor under Section 1-16(a) of the Town Code
(h) The franchisee has agreed to add a lifeguard stand at 16th Avenue South for the 2017
Summer Season, which will be evaluated at the end of the season
(i) First Reading of #17-0842 was adopted at the April 11, 2017 regular meeting with no
amendments
(j) Subsequent to the April 11, 2017 regular meeting, councilmembers
asked that the ordinance for second reading include the following:

(C) i. Beginning immediately upon adoption of this ordinance until

January 1, 2018, any canopy, tent, or other shading device shall not exceed
a maximum size of ten feet by ten feet (10 x 10); and
ii. Any canopy, tent or other shading device shall not be placed closer
than ten feet (10) on all sides from the next canopy, tent or other shading
device, i.e. canopies, tents or shading devices shall not be linked to form a
larger shade area; and
iii. Canopies, tents, or other shading devices shall be placed in a location
behind the lifeguard stand in such a manner that the lifeguards view of the
beach shall not be obstructed. As lifeguards move their stands due to the
rising tide, all shading devices shall be moved to the west to maintain the
lifeguards line of site.
(D) Beginning January 1, 2018: Shading Devices. The maximum shading device shall
be no larger than thirty-one (31) inches in height by thirty-one and one-half (no other
changes to this paragraph)

(E) Lifeguard Line of Sight. It shall be unlawful to place any obstruction on the beach in
such a position that it will interfere with the ground-level vision of a lifeguard looking
toward the water and the lifeguard stands on either side of him. As lifeguards move
their stands due to the rising tide, all shading devices shall be moved to the
west to maintain the lifeguards line of site.

5. IMPACT OF SUCCESS OR FAILURE:

Failure to adopt the ordinance will result in the Town continuing to be the only beach along
the Grand Strand that allows tents
Adoption of the ordinance will ensure that residents and tourists have proper shading
devices, will eliminate unattended beach paraphernalia, and establishes a travel lane for emergency
vehicles

6. RECOMMENDATION: Adopt second reading of Ordinance #17-0842 as amended or with

other amendments as approved by Town Council.

7. RATIONALE FOR RECOMMENDATION: During the past several meetings there have
been multiple complaints and comments about tents being placed on the towns beach by those
living just to the north and to the south of town. Residents and ocean front rental properties have
beach use limited because neighbors choose to set up their tents and leave them unattended till
later in the day. This ordinance is the result of comments and discussions held during nine meetings
since the initial discussion at the February 11, 2014 meeting during which the Council responded to
the Coastal Alliance survey regarding tents on the beach.

After the April 11, 2017 regular council meeting, councilmembers were
deluged with calls and email messages regarding tents. After further
consideration, some councilmembers believe that the proposed amendments
are consistent with Town Councils goal of providing for an emergency
access lane and improving public safety, while allowing smaller tents that
are required to be set up at least ten feet from another tent for the towns
tourists that have already planned to visit Surfside Beach for this summer
season.

NOTE: Changes offered by councilmembers subsequent to first reading are in

this typeface. Mr. Courtney will offer a motion to adopt second reading with
amendments as shown on the draft ordinance included in the council
packages.
 Ordinance No. 17-0842
First Reading: 04/11/2017
Second Reading: 04/25/2017

STATE OF SOUTH CAROLINA ) AN ORDINANCE OF THE TOWN OF SURFSIDE BEACH

) TO AMEND SECTION 12-67. OBSTRUCTIONS, TO ALLOW 10 X 10
COUNTY OF HORRY ) TENTS DURING 2017, AND BEGINNING JANUARY 1, 2018 TO
) PROHIBIT TENTS ON THE BEACH, AND TO ESTABLISH
TOWN OF SURFSIDE BEACH ) AN EMERGENCY WAY NEXT TO THE SAND DUNES

WHEREAS, the Mayor and Town Council of the Town of Surfside Beach, in
council duly assembled on this 11th day of April 2017; and

WHEREAS, the Mayor and Town Council discussed tents on the beach at its
February 11, 2014 meeting when the Coastal Alliance surveyed the area councils
regarding tents on the beach; and

WHEREAS, the Mayor and Town Council have discussed tents on the beach at
subsequent meetings, March 25, 2014; September 23, 2014; October 14, 2014; June
23, 2015; February 12, 2016; July 26, 2016; February 13, 2017, March 14, 2017, and
March 28, 2017; and

WHEREAS, the Mayor and Town Council concurred at the March 28, 2017
regular meeting to consider an ordinance to prohibit tents on the beach as a safety
concern.

NOW, THEREFORE, by the power and authority granted to the Surfside Beach
Town Council by the State of South Carolina that Section 12-67 Obstructions of the
Code of Ordinances of the Town of Surfside Beach, South Carolina, is hereby amended
to read as follows:

Sec. 12-67. Obstructions on the beach.

(A) Hours. Except for Town of Surfside Beach equipment, it shall be unlawful,
between the hours of 9:00 p.m. and 7:30 a.m., for any person to leave upon, put, place
or set any equipment, but not limited to, chairs, umbrellas, windbreakers, surfboards,
air floats, life rafts, tents, cabanas, pavilions, volleyball nets, etc., or to build or erect
any fence or other obstruction on the public beach, so as to obstruct, impede or retard
the free and unconstrained use and occupancy of the public beach by the public or so
as to interfere or obstruct any maintenance operation of the beach, and shall be
disposed of pursuant to Paragraph (G) hereof.
(B) Paraphernalia. Beach umbrellas and other beach paraphernalia will be at a
distance of at least ten (10) feet to the rear (inland side) shall not be placed in front of
the lifeguard stands and shall be placed in a line generally parallel with the ocean
strand on either side the lifeguard stands, and shall not be left unattended.

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 Ordinance No. 17-0842
First Reading: 04/11/2017
Second Reading: 04/25/2017

(C) i. Beginning immediately upon adoption of this ordinance until

January 1, 2018, any canopy, tent, or other shading device shall not
exceed a maximum size of ten feet by ten feet (10 x 10); and
ii. Any canopy, tent or other shading device shall not be placed
closer than ten feet (10) on all sides from the next canopy, tent or other
shading device, i.e. canopies, tents or shading devices shall not be linked
to form a larger shade area; and
iii. Canopies, tents, or other shading devices shall be placed in a
location behind the lifeguard stand in such a manner that the lifeguards
view of the beach shall not be obstructed. As lifeguards move their stands
due to the rising tide, all shading devices shall be moved to the west to
maintain the lifeguards line of site.
(D) Beginning January 1, 2018: Shading Devices. The maximum shading
device shall be no larger than thirty-one (31) inches in height by thirty-one and one-half
(31.5) inches in width and thirty-eight (38) inches in depth (commonly referred to as a
baby tent,) and umbrellas with a center pole no greater than seven (7) feet six (6)
inches in height and with a circular shade no greater than nine (9) feet in diameter. An
umbrella is defined as a collapsible circular shade consisting of a natural or synthetic
fabric shade stretched over hinged ribs radiating from a central pole without grounding
lines or ropes. All other shading devices, including but not limited to, tents (except
baby tents as defined herein), tarps, cabanas, pavilions, sports-brellas or similar
devices, or any material mounted on supports are prohibited from being placed on the
beach.
Exception: Tents used for special events that are approved by the Town shall be
allowed.
(E) Lifeguard Line of Sight. It shall be unlawful to place any obstruction on the
beach in such a position that it will interfere with the ground-level vision of a lifeguard
looking toward the water and the lifeguard stands on either side of him. As lifeguards
move their stands due to the rising tide, all shading devices shall be
moved to the west to maintain the lifeguards line of site.
(F) Emergency Lane. It shall be unlawful to place any beach paraphernalia within
eight (8) feet of the dune line. Said area shall remain open and free of any
obstructions to provide a clear travel way for emergency vehicles, personnel and/or
other emergency equipment to access the surf or other areas of the beach in the event
of an emergency. Emergency access lanes perpendicular to the dune line shall remain
open and unobstructed at all times. In the event of an emergency, the police chief or
his designee shall direct that additional temporary emergency access lanes be created
until no longer needed.
(G) Removal, disposal. Umbrellas, tents, canopies or other shading devices
and/or other items/equipment remaining on the beach between the hours of 7:30 p.m.

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 Ordinance No. 17-0842
First Reading: 04/11/2017
Second Reading: 04/25/2017

and 9:00 a.m. or left unattended will be removed from the beach and disposed of
accordingly.
(H) Sand fencing and dune walkovers. Sand fences and dune walkovers have been
constructed to rebuild and preserve the sand dunes; sand dunes serve as barriers that
aid in protecting life and property during hurricanes and or other tidal events. It is
prohibited to move, alter, obstruct, interfere with the sand fencing including but not
limited to, chaining items to, locking items to, or connecting items to a sand fence. In
addition, no items may be placed, put, chained to, locked to or stored under any dune
walkover located on the public beach.
(I) Penalty. Violations of this section are punishable as misdemeanors provided in
Section 1-16(a) of this Code.
SEVERABILITY. If any provision, clause, sentence, or paragraph of this
ordinance or the application thereof to any person or circumstances shall be held
invalid, that invalidity shall not affect the other provisions of this article, which can be
given effect without the invalid provision or application, and to this end the provisions
of this article are declared to be severable.

EFFECT OF SECTION HEADINGS. The headings or titles of the sections

hereof shall be solely for convenience of reference and shall not affect the meaning,
construction, interpretation or effect of this ordinance.

REPEAL AND EFFECTIVE DATE. All ordinances or parts of ordinances

inconsistent with this ordinance are hereby repealed. This ordinance shall take effect
immediately upon second reading by the Mayor and Town Council of the Town of
Surfside Beach.

BE IT ORDERED AND ORDAINED by the Mayor and Town Council of the

Town of Surfside Beach, South Carolina, in assembly and by the authority thereof, this
25th day of April 2017.

_________________________________________
Robert F. Childs, III, Mayor
_______________________________________________ _______________________________________________
Ron Ott, Mayor Pro Tempore Timothy T. Courtney, Town Council
_______________________________________________ _______________________________________________
Mark L. Johnson, Town Council David L. Pellegrino, Town Council
_______________________________________________ _______________________________________________
Julie M. Samples, Town Council Randle M. Stevens, Town Council

Attest: _____________________________________
Debra E. Herrmann, CMC, Town Clerk

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