Richland County, SC Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Richland County Code § 18-2
- Triggers include
- Begging, gambling, drug/alcohol possession
- Enforcement step
- Officer orders loiterer to leave first
- Violation
- Refusing the officer's order
- Penalty
- Misdemeanor under § 1-8
- Protected conduct
- Speech, religion, association exempted
Summary
Richland County bans loitering in public places when it disturbs others, blocks passage, or accompanies begging, gambling, prostitution, drug or open-container activity. An officer can order a loiterer to leave, and refusing to go is itself a misdemeanor.
(a) Definitions. As used in this section, "loitering" shall mean remaining idle in essentially one (1) location, spending time idly, loafing or walking around aimlessly in a public place in such 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; ... (8) Solicit or engage in any business, trade or commercial transaction unless specifically authorized or licensed to do so; ... (b) Violation. Any person loitering in any public place as defined above may be ordered by any law enforcement officer to leave that place. Any person who shall refuse to leave after being ordered to do so by a law enforcement officer shall be guilty of a violation of this section. Nothing in this section shall be construed or enforced in such a manner as to restrict freedom of speech, religion, or association. (c) Penalty. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of section 1-8 of this Code of Ordinances.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-24: This supplement is current through Ordinance No. 033-25HR).
Full Breakdown
Section 18-2(a) defines loitering broadly as "remaining idle in essentially one (1) location, spending time idly, loafing or walking around aimlessly in a public place" in a manner that does any of ten listed things: creates a disturbance or annoyance to another person's comfort and repose, creates a danger of a breach of the peace, obstructs or hinders free passage of vehicles or pedestrians, obstructs or interferes with another person lawfully present, or involves begging, gambling, prostitution, unlicensed soliciting of business, unlawful drug possession or paraphernalia, or unlawful possession of alcoholic beverages, beer or wine.
The ordinance does not make loitering itself an automatic crime; instead, Section 18-2(b) authorizes a law enforcement officer to order anyone loitering as defined to leave the location, and it is only refusing that order that becomes a violation. " The ordinance traces back to Ord. No. 1047-83 in 1983 and was last amended by Ord. No. 070-10HR in 2010, giving the county a long-standing basis for using it alongside newer nuisance and noise provisions in the same chapter.
Violations & Fines
Refusing a law enforcement officer's order to leave after being identified as loitering under Section 18-2(a) is a misdemeanor under Section 18-2(c), punishable under the general penalty provisions of Section 1-8 of the Richland County Code. Loitering itself is not charged until the person disregards the officer's order to disperse.
Frequently Asked Questions
Is loitering illegal in unincorporated Richland County?
Can police arrest someone just for standing around?
What is the penalty for refusing to leave when ordered?
Does the loitering ordinance limit free speech or protests?
Sources & Official References
Other rules in Richland County
Compare Richland County to another location·View the South Carolina public conduct overview
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