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Lexington County, SC Homelessness & Encampment Rules: Sit-Lie Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
Ord. No. 18-20, November 27, 2018
Covers
Sidewalk blocking, panhandling, drug or alcohol use
Violation trigger
Refusing an officer's order to leave
Penalty
$100.00 civil penalty
Protected activity
Speech, religion, and association exempted
Applies to
Unincorporated Lexington County only

Summary

Lexington County makes it unlawful under Sec. 46-2 to loiter, meaning to remain idle in one spot, loaf, or wander aimlessly in any public place, including vacant lots, if that conduct disturbs others, blocks a sidewalk, or accompanies begging, gambling, or drug and alcohol use. A deputy can order a violator to leave, and refusing carries a $100.00 penalty.

These county ordinances apply to unincorporated areas of Lexington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Definition. As used in this section, "loitering" shall mean remaining idle in essentially one location, spending time idly, loafing or walking around aimlessly in a public place, including vacant lots and other private property unattended by the owner in the unincorporated area of Lexington County or to conduct oneself in such a manner as to:(1)Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;(2)Create or cause to be created a danger of a breach of the peace;(3)Obstruct or hinder the free passage of vehicles or pedestrians;(4)Obstruct or interfere with any person lawfully in any public place;(5)Engage in begging or panhandling;...(9)Unlawfully use or possess an unlawful drug;(10)Unlawfully use or possess beverages, beer or wine or alcohol.(b)Violation. Except as authorized by state law, any person loitering in any public place as defined in subsection (a) may be ordered by a law enforcement officer to leave that place. Any person who refuses to leave after being ordered to do so by a law enforcement officer shall be in violation of this section and subject to a $100.00 penalty.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 20).

Full Breakdown

Sec. 46-2, adopted by Ord. No. 18-20 on November 27, 2018, defines 'loitering' broadly: remaining idle in essentially one location, spending time idly, loafing, or walking around aimlessly in a public place, including vacant lots and other private property left unattended by its owner, within the unincorporated area of Lexington County. The definition also reaches conduct carried out in that idle, remaining, or wandering manner that creates or causes a disturbance or annoyance to the comfort and repose of any person, creates a danger of a breach of the peace, obstructs or hinders the free passage of vehicles or pedestrians such as sitting or blocking a sidewalk, obstructs or interferes with anyone lawfully in a public place, involves begging or panhandling, gambling, or prostitution, involves unlicensed business solicitation, or involves unlawfully using or possessing an illegal drug or alcohol.

00 penalty. The ordinance expressly carves out an exception where authorized by state law and states that nothing in the section may be construed or enforced to restrict freedom of speech, religion, or association, protecting activity such as passive panhandling or peaceful assembly that does not itself amount to disturbance, obstruction, or one of the other listed acts. Because Sec. 46-2 governs only the unincorporated county, someone sitting or lying on a sidewalk within the Town of Lexington, West Columbia, Cayce, Irmo, or Chapin falls under that municipality's own ordinance instead of this county provision.

Violations & Fines

Simply loitering isn't automatically a crime here: the violation attaches only when someone refuses a deputy's order to leave under Sec. 46-2(b), and that refusal carries a $100.00 penalty, not a jailable misdemeanor. Enforcement rests with Lexington County Sheriff's deputies patrolling the unincorporated county; officers weigh the specific disruptive conduct list in subsection (a), such as blocking a sidewalk, panhandling, or public drug or alcohol use, before ordering someone to move along.

Frequently Asked Questions

Can I be arrested just for sitting on a sidewalk in Lexington County?
Not automatically. Sec. 46-2 only becomes a violation if you refuse a law enforcement officer's order to leave after your conduct, such as blocking a sidewalk or causing a disturbance, meets the loitering definition. Simply sitting there without disturbing anyone or obstructing passage doesn't by itself trigger an order to leave.
What's the penalty for refusing to move along?
A flat $100.00 penalty under Sec. 46-2(b). The section treats this as a violation tied to disobeying a deputy's leave order, not a separate jailable loitering crime, and it applies only within the unincorporated area of Lexington County, not inside the Town of Lexington or other municipalities.
Does this ordinance let deputies stop me from panhandling or protesting?
No. Sec. 46-2 explicitly states nothing in the section may be construed or enforced to restrict freedom of speech, religion, or association, so peaceful panhandling or assembly alone doesn't satisfy the loitering definition; deputies still need the disturbance, obstruction, or one of the other listed acts under subsection (a).

Sources & Official References

Other rules in Lexington County

All Lexington County rules

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