NORTH MYRTLE BEACH, SC (WMBF) — A handful of lawsuits highlighted the agenda for Monday’s North Myrtle Beach City Council meeting.
Five lawsuits have been filed against the city.
These lawsuits include Skybar owner Michael Moshoures, who claims the city’s noise ordinance is a violation of free speech, criminalizes free speech and is “so vague that it promotes enforcement.” discriminatory”.
Derek Calhoun, the owner of Cherry Grove Beach Gear also filed a lawsuit against the City of North Myrtle Beach over a modified ordinance prohibiting him from placing his beach rental gear on the beach for daily patrons. Calhoun says he received citations daily.
The ongoing lawsuits were discussed in an executive session, which is closed to the public.
On Monday, city leaders unanimously passed the second reading of the amendment to Chapter 5, Beaches and Waterways, of the Code of Ordinances of North Myrtle Beach, revising section 5-24making it illegal for any entity other than the Municipal Beach Service to place, lay or leave on any equipment or other item on the beach between 7:00 p.m. and 8:00 a.m.
“It’s basically to clarify that if you could take your chairs out and sit on the beach from 7 p.m. to 8 a.m. if you wish, but please take them with you when you leave the beach. beach,” said North Mayor Marilyn Hatley. Myrtle Beach.
Hatley explains that the rule is in place so Public Works can clean up and remove trash from the beach before the crowds arrive for the day.
So anyone setting up their stuff at 8:01 a.m. can leave it on the beach and come back?
“8:01 a.m.? Yeah, if they bring their stuff in at 8:01 a.m. and come home for breakfast, then that’s fine,” North Myrtle Beach spokesman Donald Graham said.
What’s wrong, according to the ordinance, are companies setting up beach gear at all hours of the day.
That’s why Calhoun filed a lawsuit against the city. Gone is a modified ordinance prohibiting him from depositing his rental equipment on the beach for customers.
The ordinance prohibits companies like Cherry Grove Beach Gear from installing beach equipment on the public beach, regardless of the hours.
The Calhouns received their business license from North Myrtle Beach three years ago.
The lawsuit also outlines the clearances initially obtained by Calhoun that allowed his company to circumvent 5-14.
Second. 5-14 states “No person may sell, lease or lease any property, merchandise or other property, except that nothing in this provision precludes the holder of a franchise or beach permit from exercising the rights and privileges which granted therein, nor does it prohibit the city from granting to the holder of a franchise or beach service license the right and privilege to sell or rent on beaches or public waters personal property which are usually sold or rented by the holders of such franchises or licenses, nor to prohibit the municipal council from authorizing activities of a promotional nature on public property with the consent of the council for each event. Further, this provision does not prohibit the City of North Myrtle Beach and its authorized employees from selling and/or renting goods and merchandise such as beach umbrellas and chairs and concession items in conjunction with the city providing lifeguard services.
Regarding lawsuits against the city, Graham says it is city policy not to comment on pending litigation.
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