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Orangeburg County, SC Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing section
Orangeburg County Code § 24-1
Applies to
Unincorporated Orangeburg County only
Officer duty
Must ask for ID before arrest
Penalty
Up to $500 fine or 30 days jail
Enforcement
Orangeburg County Sheriff's Office

Summary

Orangeburg County Code § 24-1 bans loitering in the unincorporated area when it comes with activity or circumstances that give a sheriff's deputy probable cause for alarm about someone's safety or property security. The ordinance covers public streets, parks and sidewalks as well as privately owned spaces open to the public, and a deputy must first ask the person to identify himself and explain his presence before making an arrest.

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

(a)Generally. ... Loitering, accompanied by activity or under circumstances affording probable cause for alarm or concern for the safety and well-being of persons or for the security of property, is prohibited. ... (c)Prohibited, explanation; arrest. It shall be unlawful for any person to loiter in, on or about any place, public or private, within the unincorporated areas of the county, when such loitering is accompanied by activity or is under circumstances that afford probable cause for alarm or concern for the safety and well-being of persons or for the security of property in the surrounding area. ... (e)Penalties for violation. Any person who violates any of the provisions of this section shall, upon conviction, be punished in accordance with section 1-8.

Full Breakdown

Section 24-1 defines "any place, public or private" broadly: distinctly public spaces such as streets, sidewalks, parks, alleys and municipal airports; privately owned but publicly accessible places such as shopping centers, transportation terminals, retail stores and restaurants; and distinctly private places such as homes and apartment houses. "Loiter" is defined to include lingering, hanging around, idle spending of time, delaying, sauntering, sleeping in a motor vehicle or trailer parked on public property, and sleeping on a street, sidewalk, alley, park or other public property. Subsection (d) lists the factors a deputy may weigh in finding probable cause for alarm, including flight upon the appearance of an officer, refusal to identify oneself, attempted concealment, systematically checking doors and windows of buildings or vehicles, refusing to leave private property when asked by the owner or lessee, and sleeping or living in a vehicle or on public property.

Before arresting anyone under this section, subsection (c) requires the deputy, unless flight or other circumstances make it impractical, to give the person a chance to dispel the alarm by asking him to identify himself and explain his presence and conduct; a conviction cannot stand if the officer skipped that step, or if the explanation given was true and would have dispelled the alarm had the officer believed it. 00, up to 30 days in jail, or both, with each day a violation continues counted as a separate offense. 7-1.

Violations & Fines

Loitering accompanied by conduct that gives a deputy probable cause for alarm, such as fleeing at the sight of an officer, refusing to identify oneself, checking doors and windows, or sleeping in a vehicle or on public property, is punishable under the county's general penalty in section 1-8: a fine up to $500.00, up to 30 days in jail, or both. Each day the conduct continues is a separate offense.

Frequently Asked Questions

Is loitering alone illegal in unincorporated Orangeburg County?
No. Section 24-1 only prohibits loitering that is accompanied by activity or circumstances giving probable cause for alarm about someone's safety or property, such as fleeing an officer, checking doors and windows, or refusing to identify oneself. Simply standing or sitting in a public place is not, by itself, an offense under this section.
Does the loitering law cover private property?
Yes. Section 24-1(b) defines "any place, public or private" to include distinctly private locations such as homes and apartment houses, along with public streets and parks and privately owned but publicly accessible places like shopping centers and restaurants. On private property, a person's continued refusal to leave when asked by the owner or lessee is listed as a probable-cause factor.
What must a deputy do before arresting someone for loitering?
Unless the person flees or other circumstances make it impractical, the deputy must first ask the person to identify himself and explain his presence and conduct, giving him a chance to dispel the alarm. A conviction cannot stand if the deputy skipped this step or if the explanation, had the deputy believed it, would have dispelled the concern.

Sources & Official References

Other rules in Orangeburg County

All Orangeburg County rules

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