Can South Carolina beach towns outsource parking enforcement to private companies? Attorney General's office weighs in
Nov 21, 2024
CHARLESTON, S.C. (WCBD) -- After months of beach parking controversy, the South Carolina attorney general is weighing in on who has the jurisdiction to issue parking citations in the state.
PCI Municipal Services took over parking enforcement and management on the Isle of Palms on March 1. The city of Folly Beach and the town of Hilton Head Island also have contracts with PCI.
The Charleston Beach Foundation contacted Sen. Larry Grooms (R-Berkeley) with their concerns, who in turn requested the attorney general's office weigh in on whether municipalities could contract with a third-party company to enforce parking ordinances.
The attorney general's office issued a non-binding advisory opinion on November 15,
In the non-binding opinion, the attorney general's office concluded local governments could not because parking enforcement falls under a municipality's police power authority.
"Based on prior opinions of this Office, police power may not be delegated to private entities absent legislative or constitutional authority," the Nov. 15 opinion stated. "Finding no such authority, we do not believe a municipality may delegate parking enforcement to a private entity."
Senator Larry Grooms who contacted the Attorney General's office said,
"We love our beaches and want to continue to have access to our beaches, there needs to continue to be rules and regulations when it comes to the laws of our state they should be enforced by uniformed law enforcement officers not by private security forces."
Folly Beach Mayor Tim Goodwin said that the statement from the attorney general's office is an opinion and had no further comment.
"We are reviewing the Attorney General opinion and discussing next steps with our legal counsel," Isle of Palms Mayor Phillip Pounds said.
This is a developing story, and we will keep you updated.