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S.C. Regulation 61-46

SECTION 1. Whatever is dangerous to human health, whatever renders the ground, air, or food a hazard or injury to human health, and the following acts, conditions, and things, whenever, in the opinion of the local health director they are dangerous to the public health, are each and all of them hereby declared to constitute a public health nuisance:

(a) The maintenance of any barn, stable, chicken yard, manure pile, garbage receptacle, etc., in such manner that flies are in excess of acceptable levels. (Amended 3-22-72; Filed 4-6-72)

(b) The deposit of garbage in any but fly-proof and watertight receptacles, where residences are less than 500 feet apart.

(c) The accumulation of water in which mosquito larvae may breed.

(d) Growth of weeds where mosquitoes harbor, or rubbish is concealed on lots between residences less than 500 feet apart.

(e) Insanitary condition of privies, toilets, or any other waste disposal, human or otherwise, where residences are less than 500 feet apart.

(f) Any building, or any part of a building, which, on account of its unsafe, dilapidated, or insanitary condition; or its occupancy or use by any person afflicted with communicable disease, or by filthy tenants, may endanger the life or health of residents, occupants, patrons, or visitors therein or in the vicinity thereof.

(g) The discharge of sewage, garbage, or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.

(h) The maintaining or carrying on or manufacture of chemicals, or any other trade or manufacture in such manner as to be a menace to the public health through improper or inadequate disposal of dust, wastes, or fumes.

(i) The accumulation of materials, either organic or inorganic, on any property to the extent and in such manner as to create a harborage for rodents or other vectors that are dangerous to the public health. Also, the maintaining of such an accumulation of materials in an untidy and unsafe manner so as to become a fire and safety hazard.

Section 2. No house refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste of any kind shall be thrown upon any street, road, or public place; and no such refuse, putrescible or decaying animal or vegetable matter shall be kept in house, cellar, or adjoining outhouses or premises for more than forty-eight hours in any incorporated or unincorporated city, town, village, or built-up community. All receptacles for such garbage, etc., shall be so constructed as to be of sufficient dimensions for the reception of all garbage, and shall be water-tight, made of tight-matched lumber or galvanized iron, and shall stand at least nine inches from the ground, and be provided with a suitable cover, which must be kept properly adjusted to same, so as to protect the contents from flies, insects, rats and animals or vermin. All garbage or refuse contents must be emptied at least once every seven days.

Section 3. Any business serving the public or any industry shall at all times be properly policed and staffed so as to maintain a safe, sanitary, and tidy condition. Any such building, business, or industry shall at all times be properly ventilated, free from dust, vapors, and gases that might be detrimental to the public health; and free from obnoxious odors that are objectionable to the esthetic senses. All furniture and fixtures in such buildings used by patrons or employees shall be kept clean and in good repair at all times.

Section 4. Whenever and wherever a condition shall exist which, in the opinion of the health director having jurisdiction over the area, or his authorized representative, constitutes a public health nuisance, it shall be his duty to notify in writing the person or persons, firm or corporation, responsible for its continuance, of the character of the public health nuisance and give the person, persons, firm, or corporation a reasonable length of time to abate it. However, whenever and wherever a nuisance is of a character as to require, in the interest of the public health, immediate abatement or discontinuance, the local health director may bring a proceeding for immediate action in the court of the county in which the nuisance exists for the abatement of such nuisance and the court may upon hearing and for good cause enjoin the continuance of the condition creating the nuisance, irrespective of all other remedies at law.

Section 5. Failure to abate the public health nuisance after notice constitutes a violation of this regulation, and shall constitute, according to Section 44-1-150, Code 1976, a misdemeanor, punishable as provided in that Section.