Trespass warnings on public property and other property generally open to the public.
Charleston, S.C., City Code § 21-113
in effectSec. 21-113. - Trespass warnings on public property and other property generally open to the public.
(a) Officers of the city police department and other code enforcement personnel are authorized to issue a trespass warning to any individual who violates any city ordinance, rule or regulation promulgated by the body governing the property, or state law which violation was committed while on or within any facility, building, or outdoor area that is open to the general public, whether owned by the city, by another governmental body, or subdivision thereof, or private property owner, including public parks and including public sidewalks adjacent to public parks where there is also a public sidewalk on the opposite side of the street (but excluding other public right-of-way). The trespass warning shall be limited to the specific property parcel where the violation occurred. The specific property parcel consists of the boundaries set forth on the official property tax maps for the City of Charleston. These warnings may be issued by persons authorized at the parks and recreation departments to insure the effective operation, maintenance and security of the location.
(b) Trespass warnings shall be in writing and issued for a period not to exceed one (1) year.
(c) A copy of the trespass warning shall be provided by mail or hand delivery to the individual given the warning. The written trespass warning shall advise the recipient of the right to appeal and the location at which to file the form to initiate the appeal.
(d) A written trespass warning shall also be issued when officers of the city police department are acting on behalf of another governmental agency or private property owner and issuing a trespass warning to an individual located on public property not owned by the city or on private property subject to a public access easement. For purposes of this section, the term public access easement shall mean an easement in favor of the city granting general public access to private property or limited public access to patrons and invitees of a particular business establishment or establishments.
(e) Any person found on or within any city facility, building, or outdoor area, including public parks, or in any facility, building, outdoor area or park of another governmental agency or private property owner in violation of a trespass warning issued in accordance with this section may be arrested for trespassing after notice, except as otherwise provided in this section, and punished as set forth in section 1-116 of the City Code.
(f) Any person found on or within any public property belonging to another governmental agency other than the city or found on or within any private property subject to a public access easement in violation of a trespass warning issued in accordance with this section may be arrested for trespassing.
(g) The mayor, or his designee, may upon request, authorize an individual who has received a trespass warning to enter the property or premises to exercise his or her right to free speech, as provided for in the Constitution of the United States of America and the State of South Carolina, if there is no other reasonable alternative location to exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied.
(h) This section shall not be construed to limit the authority of any city employee or official with arrest powers to issue a trespass warning to any person for any lawful reason for any city property, including rights-of-way when closed to general vehicular or pedestrian use, when necessary or appropriate in the sole discretion of the city employee or official.
(i) This section shall not be construed to limit the authority of officers of the city police department to arrest or cite individuals for violating any section of the City Code or the statutes of this state.
(j) Appeal of trespass warning. A person whom a trespass warning is issued under this section shall have the right to appeal the issuance of the trespass warning as follows:
(1) An appeal of the trespass warning must be filed, in writing, within twenty (20) days of the issuance of the warning, and shall include the appellant's name, address contact information. No fee shall be charged for filing the appeal. "Issuance" for purposes of starting the time to appeal means either by personal delivery or when notice of the warning is placed in the mail, whichever occurs first.
(2) Appeals shall be heard by the city's standing committee on recreation.
(3) Within thirty (30) business days following the filing of the appeal, the city's standing committee on recreation shall schedule a hearing. Notice of the hearing shall be provided to the appellant in one of three ways:
a. By providing the appellant a copy of the notice of hearing in person at the time he or she files the appeal. When it is not reasonably practical or possible to provide notice in this manner, the appellant shall be informed that notice of the hearing will be provided in accordance with either paragraph b. or c. below;
b. By leaving or posting the notice at the front desk of the city police department or leaving the notice with the clerk of council; or
c. By telephone if a telephone number has been provided or mailing when an address has been provided.
(4) The city's standing committee on recreation shall hold the hearing as soon as possible, but no later than forty (40) days from the filing of the appeal unless agreed to by the parties.
(5) Copies of documents in the city's control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost.
(6) The appellant shall have the right to testify and to call witnesses and present evidence and the right to engage an attorney to represent him or her. The appellant shall have the right to bring a court reporter, at his or her own expense.
(7) The city's standing committee on recreation shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings.
(8) The city shall bear the burden of proving by clear and convincing evidence that the trespass warning was properly issued pursuant to the criteria of this section.
(9) If the appellant fails to attend a scheduled hearing, the city's standing committee on recreation shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria of this section.
(10) Within seven (7) business days of the hearing, the city's standing committee shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided.
(11) The decision of the city's standing committee shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law.
(12) The trespass warning shall remain in effect during the appeal and review process, including any judicial review.
(Ord. No. 2014-39, § 1, 3-25-14; Ord. No. 2018-126, § 1, 9-25-18)
Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH21OF_ARTVOFAGPUPE_S21-113TRWAPUPROTPRGEOPPUFetched: 11/7/2026