Category Archives: Public Safety

The Teddy Milner Investigation

A review of the veracity and paucity of the FITS News story.

by Don Moniak

May 9, 2024

On Monday, Irmo, South Carolina-based FITS News published a brief story by its Founding Editor, Will Folks, headlined: “Aiken S.C. Mayor Facing SLED Investigation: Agency probing “exploitation of a vulnerable adult” allegations.

Below are seven issues to know or consider about the FITS News story.

The information pertaining to the SLED investigation of Teddy Milner, aka Theodora Ely, was four sentences long—about a 20-second read. The remainder of the article was a rehash of the City of Aiken’s 2023 Mayoral election.

Figure 1. May 7, 2024, FITS News story. Areas in red represent an uncorroborated statement, “elder abuse,” and possible disclosure of confidential information—the “financial component”—by an unnamed source or sources. According to SLED, Mr. Alphin did not provide any additional information beyond the official agency statement.

The SLED statement was one sentence long, and FITS failed to provide the full, actual, and official statement.

According to SLED’s Director of Public Information Renee Wunderlich (1), the agency’s official and only statement regarding the issue was as follows:

SLED was requested by Aiken Department of Public Safety Director Charles Barranco on 2/29/2024 to investigate exploitation of a vulnerable adult allegations by Theodora Ely.”

FITS News chose to paraphrase the statement instead of simply quoting it.

There is no reference to “elder abuse” in the SLED statement.

The official statement is important because FITS News added the allegation of “elder abuse” for unknown reasons. FITS has declined to respond to a May 7th email (2) regarding the veracity of its “elder abuse” claim.

To date, SLED has stated it is investigating Ms. Milner for “exploitation,” but not “abuse” or “neglect.”

FITS News, and other subsequent news stories, opted to avoid citing the relevant state law governing the investigation and any potential criminal charges; a law that makes distinctions between “abuse,” exploitation,” and “neglect” of vulnerable adults.

The “Omnibus Adult Protection Act” (The Act), Title 43, Chapter 35 of the South Carolina Code of Laws provides a system for the protection of vulnerable adults. (The Act is outlined in plain English in a training and reference manual from the Adult Protection Coordinating Council, and in a Training Guide for Mandated Reporters.)

The Act legally defines a “vulnerable adult” as:

“A person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person’s own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult.” (3)

According to the Adult Protection Coordinating Council’s manual, the Omnibus Adult Protection Act is intended to protect vulnerable adults from caregivers. (4)

The Act distinguishes between “abuse,” “exploitation,” and “neglect;” although it must be noted that each offense involving “knowing” and “willful” behavior is a felony, and penalties (5) are similarly severe.

The Act’s legal definition of “abuse” is “physical abuse or psychological abuse.” The former is described as any act causing physical harm; the latter as “threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.”

“Exploitation” has a three-part legal definition, similar to the common understanding of “exploitive” as unfair, manipulative behavior for unethical and/or criminal personal gain. A financial component can be involved, but is not necessary. The criteria for exploitation are, in part:

  • Causing a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult.,” 
  • An improper, unlawful, or unauthorized use of the funds, assets, property….for…profit and advantage. 
  • Causing a vulnerable adult to purchase goods or services.”

The Act also identifies “neglect” as a third potential crime, defining it, in part, as:

The failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult…”

According to SLED, at the present time Ms. Milner is being investigated for allegations of exploitation, not abuse or neglect. FITS provided no reason to include “elder abuse” in its 20-second read of the pertinent issue.

In this situation, the difference between abuse and exploitation should be as evident as the difference between assault and larceny; or violence and chicanery.

(For the full list of complete definitions, see Footnote 3.)

Because confidentiality of records is a pervasive hallmark of The Omnibus Adult Protection Act, the FITS News’ “sources familiar with the inquiry” could arguably be subject to penalties if there was any disclosure of confidential information; particularly if any investigating authority law was involved in the leaking of information leak.

There are numerous references to confidentiality requirements within The Act, including specific exemptions of some records and meetings from the requirements of South Carolina’s Freedom of Information Act.

For example, SECTION 43-35-60 states that,

Unless otherwise prohibited by law, a state agency, an investigative entity, and law enforcement may share information related to an investigation conducted as a result of a report made under this chapter. Information in these investigative records must not be disclosed publicly.” (emphasis added).

The reasons for high levels of confidentiality should be evident. The law requires investigations into allegations that often involve personal family matters that might have devolved into a criminal matter. In this respect, it is not much different than the high degree of privacy and confidentiality afforded in family law.

SLED publicly announces the filing of criminal charges, not the existence of investigationsexcept for shootings involving law enforcement officers.

SLED’s media release webpage for this year to date contains 38 announcements of various criminal charges filed, and 12 investigations into officer-involved shootings. No announcements of any other investigations other than officer-involved shootings are in the 2023 list of media releases.

The SLED statement regarding the Milner investigation was clearly made in response to a FITS News inquiry that was based on information from what reporter Will Folks described as “sources familiar with the inquiry.”

The source or sources of the leaked information is unknown, as is the motive; both are likely to remain unknown.

FITS News has yet to update its story, despite new information being presented on WJBF News Augusta and in the Aiken Standard.

WJBF published the full, unedited statement (6) from Milner’s attorney Chris Austin, that described the accusations as unfounded and unsubstantiated.

FITS stated in its story that, “we will obviously update our audience,” when Ms. Milner responds. As of noon on May 9th, no update has occurred.

______________________

Footnotes

(1) May 7, 2024 Email from SLED.

In response to a subsequent email pointing out the awkward phrasing of the statement, Ryan Alphin wrote: “She (Teddy Milner) is the subject of the investigation.”


(2) May 7, 2024 Email to FITS News and Will Folks, with no response to date.


(3) Definitions in the Omnibus Adult Protection Act; Title 43, Chapter 35 of the South Carolina Code of Laws.

(4) From the Adult Protection Coordinating Council manual:


(5) Penalties for criminal behavior in the Omnibus Adult Protection Act;”Title 43, Chapter 35 of the South Carolina Code of Laws.

Screenshot


(6) Full statement by Teddy Milner’s attorney, Chris Austin, as published on WJBF.

We extend our gratitude to members of the press for their impartial approach as we received calls and emails from the local news stations and newspaper. Their professionalism has allowed Mayor Milner the opportunity to provide a statement and offer insight into to the recent events.

Unfortunately, Mayor Milner is currently facing unwarranted scrutiny amidst a highly publicized situation characterized by unfounded accusations. Mayor Milner vehemently denies any wrongdoing. It is regrettable that her accusers did not opt for direct resolution of this personal family matter, depriving my client the chance to address and refute the allegations without undue publicity.

To provide context, as I currently understand it, the allegations were initially reported to the Department of Social Services (DSS) which referred the matter to Aiken Department of Public Safety (ADPS) for investigation. Recognizing the conflict of interest, the case was subsequently sent to the South Carolina Law Enforcement Division (SLED) in accordance with standard protocol for handling such allegations. I have been in communication with the SLED special agent overseeing the investigation, and we anticipate participating in an interview shortly, once SLED has completed its information gathering process. While no specific requests have been made of us thus far, we are actively compiling relevant information and documentation to support SLED in its investigation.

We remain fully committed to cooperating with SLED throughout its investigation and maintain confidence that these allegations against Mayor Milner will ultimately prove unsubstantiated.”

Another Verdict of Gross Negligence

Jury Awards $950,000 to Aiken County Detention Center Inmate

by Don Moniak

October 22, 2023.

Earlier this month, a twelve-person Aiken County jury heard the case of Rhoads vs Southern Health Partners et al. The Plaintiff in the litigation was Cassiopia Rhoads, an Aiken County resident who was booked (1) into the Aiken County Detention Center on May 3, 2019.

Several days after her prison intake, she began to complain of headaches and nausea, and a large knot had developed on her head. By the end of the month, witnesses described the swelling as having grown to the size of a “softball” or “grapefruit.” Her condition deteriorated to the point that emergency brain surgery was required, during which a large portion of her skull was removed.

On October 13th, the jury returned a verdict that found the Aiken County Sheriff’s Office (ACSO) and the Aiken County Detention Center (ACDC) grossly negligent through “acts or omissions” which “proximately caused injury” to Plaintiff Cassiopia Rhoads.

The jury awarded the Plaintiff $950,000. The Aiken County Sheriff’s Office had been offered a settlement of $250,000 in March of 2022. The Sheriff’s Office declined that offer.

For its part, the detention center’s contract medical provider, Southern Health Partners (SHP), chose to settle for an undisclosed amount prior to the jury trial, and was dismissed from the case. In March of 2021, SHP had declined a $500,000 settlement offer.

The Verdict Form submitted by the jury on October 13, 2023.

The Summons and Complaint

In November 2020, eighteen months after Ms. Rhoads suffered an unknown head injury (2) and subsequent severe complications while incarcerated at the Aiken County Detention Center, the lawsuit alleging negligent, gross negligent , and reckless acts was filed in South Carolina’s Second Judicial Circuit Court (3) by Columbia Attorney Francis Hinson and Florence Attorney Patrick McLaughlin,.

In the detailed Summons and Complaint, it was alleged that ACDC medical provider Southern Health Partners (SHP) and its staff allegedly “failed to properly screen, monitor, and otherwise treat” Ms. Rhoads, failed to properly train corrections officers, and failed to follow its own policies and procedures or comply with contractual obligations. Southern Health Partners’ latest contract to provide medical services at Aiken County Detention Center began on July 1, 2018.

In regard to the Sheriff’s Office and County jail, the Plaintiff alleged they both “failed to ensure that…Correction Officers were properly trained on how to report/monitor inmates for signs of injury, illness, or medical issue which may require medical attention.” The Complaint also listed a long litany of standard operating procedures and training lacking at the jail.

The medical treatment timeline was never in question. Both sides agreed that Ms. Rhoads received medical treatment—at issue was whether the treatment and care by the Defendants was negligent, grossly negligent, and/or reckless. The County did argue that, because Ms. Rhoads had “over twenty medical encounters” in her one-month jail stay, there was no absence of “slight care” and therefore no gross negligence.

Also undisputed was the fact that Rhoads was “barricaded,” in a higher security cell after protesting her lack of care on May 24th and requesting transfer to a hospital. By the time of that lockdown, her head had a grapefruit sized swelling.

And there was no dispute that the end result for Ms. Rhoads included a large hole in her skull after undergoing brain surgery.

Graphic in Plaintiff’s Pretrial Brief


An Expert’s Affidavit

The Summons was accompanied by an affadavit from Dr. Jose Vazquez, the Chief of Infectious Diseases at Augusta University/Medical College of Georgia. The Summons, affidavit, and subsequent filings reported that, at some point Cassiopia Rhoads suffered a head injury that led to medical complications that eventually led to a craniotomy—a brain surgery technique which requires “the surgical removal of part of the bone from the skull to expose the brain” for surgery.

The Vazquez affidavit provides the most succinct timeline and description of what was known at the time, and is summarized here as follows:

Rhoads was incarcerated on May 3, 2019 with no symptoms of injury or illness; and kept in pre-trial detention. Four days after intake she reported headaches, fever, nausea, coordination problems, and fatigue to the medical staff, who also noted a “knot in her head.” Four days after that she was found laying on the floor complaining that, “I have a huge abscess on the side of my head that keeps getting bigger.”

Rhoads requested medical attention on May 16, 20, 21, and 28, every time complaining of symptoms ranging from severe nausea, earaches, dizziness, fever, severe head pressure, vomiting, fluid on the side of her head, a swollen face, and severe pain from a growing abscess and swelling on her head, which had grown to “the approximate size of a softball,” by May 28th.

On June 2, four weeks after reporting symptoms, followed by a visibly deteriorating condition, she was found passed out on the floor. Four hours later she was transported to Aiken Regional Medical Center. According to the affidavit, she was never provided “any medical treatment other than Tylenol, Ibuprofen, and Amoxil;” and her temperature was only taken once. At the hospital, Ms. Rhoads registered a temperature of 102.5 F.

On June 5, Ms. Rhoads “underwent a craniotomy, a surgical opening into the skull, and was diagnosed with epidural abscess and osteomyelitis” due to an antibiotic (methicillin) resistant strain of staphylococcus aureus.

Dr. Vazquez concluded in his affidavit that, had her “condition been properly identified and treated, she likely would have only required a course of antibiotics for treatment and would not have had to undergo surgery.”

Excerpt from the April 29, 2020 affidavit of Dr. Jose Vazquez. Aiken County’s denial in an interrogatory of the diagnoses of “epidural abscess and osteomyelitis” necessitated the hiring of a second expert witness to testify at the trial.


Witness Affadavits and the Motion for Spoliation.

The Plaintiff’s health condition in May of 2019 was later described in layman’s terms by several witnesses— whose testimonies were cited in a Motion for a Determination of Spoliation. In that motion, the Defense alleged that, “ACDC did not preserve any of the copious amounts of video footage taken of Plaintiff during detainment in May and early June of 2019,” and asked for an “adverse inference” against the defense for what the videos would have contained.

Testimony of deposed witnesses cited in the spoliation motion included these statements:

  • “The abscess grew enormous and was both visible and obvious.” 
  • “I could not look at Cassi without immediately noticing this giant deformity, which had caused her head and face to become misshapen and was rather gross to look at…you did not have to be a nurse or a doctor to know that something was wrong with Cassi.” 
  • “Despite the growing abscess contorting the side of her head, Plaintiff was not taken to (ARMC) until June 2, 2019, at which time the infectious process had been allowed to continue for so long that a sizable portion of the Plaintiff’s skull had been destroyed. Plaintiff required brain surgery and now has a large hole in her skull about the size of a fist….she had been complaining about the abscess since her 9th day of the 31-day detainment.” 

    (The court’s ruling on the motion is not contained in the public case files)

    The Plaintiff’s Pretrial Brief.

    By the time of the trial, further documentation of the extent of the injury was presented. Whereas a craniotomy involves replacement of the skull “flap” removed during surgery, in this case a portion of the skull had to be removed, resulting in a craniectomy. In the pre-trial brief, the abscess and associated complications were described as follows:

    Plaintiff had developed a large boggy lesion over [her right] temple.’..the abscess on the right side of Plaintiff’s head had grown to approximately 9.7 x 2.2cm in size, had destroyed a large portion of her skull, and was so extensively invading her brain that it was causing a ‘right-to- left-midline shift’ (meaning that Plaintiff’s brain had been forcefully pushed to one side by the invasion of the infectious mass into her skull).”

    Plaintiff was ultimately diagnosed with a subgaleal abscess, an epidural abscess, osteomyelitis (a bone infection), and sepsis. Plaintiff required neurosurgery to remove the infectious mass, and, because the abscess had become so large and invasive due to the failure of the Plaintiff to receive adequate medical treatment in a timely manner, a substantial portion of the Plaintiff’s skull had to be removed.”

    In total, Ms. Rhoads spent thirty-five days in Aiken Regional Medical Center.

    Minimum Standard of Care

    Aiken County parties were represented by Attorney Andrew Lindemann, whose specialties include defending government agencies from various legal complaints. Lindemann has successfully represented Aiken County and the City of Aiken in numerous lawsuits. Southern Health Partners was represented by James Long and Amy Geddes from the Nexsen Pruet law firm of Columbia.

    The case for all parties centered in large part on the extent to which Minimum Standards for Local Detention Facilities in South Carolina (MSSC) applied to the defending parties. Southern Health Partners argued twice in its first answer that the minimum standards “are not binding on SHP or its employees, or its physician/provider contractors.”

    The County’s legal position was that the minimum standards “have never been adopted as regulations and do not have the ‘force of law,’” and therefore are not legally applicable to the detention center. This dispute was summed up in Sheriff Hunt’s Trial Brief simply as “the parties do not appear to agree on the duty of care owed under South Carolina law.”

    In addition to the standard lengthy arguments pertaining to the levels of immunity from damage claims enjoyed by government agencies and employees, Lindemann pursued several other arguments on behalf of the Aiken County government agencies, which were best articulated in Sheriff Hunt’s Trial Brief :

  • Due to the “division of labor” in prisons, Corrections Officers are not obligated to attempt to override the opinions of medical professionals; and Southern Health Partners was responsible for medical treatment at all times. 

    The “division of labor” argument did not survive the scrutiny of one corrections officer. In her deposition she described having made more than twenty complaints about medical treatment shortcomings to her supervisors. When asked if she disagreed that licensed medical professionals “should make medical decisions instead of unlicensed corrections officers,” she replied:

    Under certain circumstances, absolutely, because it falls under deliberate indifference when the medical department won’t send someone out and you can clearly see they are in need of medical attention they are not providing adequately.”

  • Even if there was no training of the kind authorized in the SHP contract, the Sheriff’s Office is not legally required to train corrections officers in medical monitoring and care. 
  • A damage claim was unwarranted because the Sheriff’s office had no legal obligation to enforce the terms of the County’s contract with Southern Health Partners, citing state law precedent that “a mere breach of contract is not actionable as a tort in South Carolina.”

    Aiken County’s overall defense appears to have relied more on disagreements in interpretation of the law between the two parties, and not as much on the facts of the case. The jury heard both, rendered its verdict that the Sheriff’s Office and its Detention Center were grossly negligent in the care of inmate Cassiopia Rhoads, and chose to award the Plaintiff damages nearly four times an earlier settlement offer.

    This was the second jury verdict of gross negligence against the Sheriff’s Office and its Detention Center in the past year. One year ago an Aiken County jury returned a verdict of gross negligence in the case of Owens vs Sheriff Michael Hunt et al and awarded former inmate Otis Owens $175,000.

    Like the Rhoads case where the jury award was nearly four times greater than the settlement offer, the jury award in the Owens case was more than twice the settlement offer.

    Both cases also involved formal allegations of malfeasance in the Sheriff’s Office and/or county jail. In the Owens case, the accusation was that ACSO “nefariously colluded, deceived opposing counsel, and wasted the Court’s time for the purpose of attempting to force the trial without Owens present.” In the Rhoads case, there was the Motion of Spoliation asserting missing video tape evidence.

    If the Owens jury verdict was considered an anomaly at the time, County officials might ask if the Rhoads case indicates a costly trend for county taxpayers.

Footnotes:

(1) The first general provision of Title 24 of South Carolina law—Corrections, Jails, Probations, Paroles, and Pardons—pertains to a Sheriff’s responsibility for managing county jails: 

The sheriff shall have custody of the jail in his county and, if he appoints a jailer to keep it, the sheriff shall be liable for such jailer and the sheriff or jailer shall receive and safely keep in prison any person delivered or committed to either of them, according to law.”

Given this basic fact that all prisoners must be kept safely, the cause for arrests or convictions is irrelevant in the case of gross medical negligence or other inmate mistreatment; and therefore is only footnoted here.

The lawsuit does not at any time document the cause of the arrest and incarceration. Case records at sccourts.org show Ms. Rhoads was arraigned on a fraudulent check charge on May 4, 2019, and burglary on the same day.

Prior to May 2019 she had an eight-year history of arrests for offenses such as forgery, receiving stolen property, shoplifting, petty larceny, and bad check writing. Following her hospitalization, she was charged with a number of offenses including grand larceny, unlawful carrying of a firearm, burglary, and heroin possession.

(2) While no cause for the initial injury or other harm to the head was identified by the Plaintiff, the Defendants offered differing causes.

In a Memorandum in Opposition to Plaintiff’s Motion to Compel, Southern Health Partners speculated that drug use was the cause, without naming the drug in question:

This case is not complicated. Plaintiff was incarcerated at the Aiken County Detention Center, but was a heavy drug user and contracted an infection likely from injecting herself with illegal drugs. The infection manifested itself in a very rare and unusual location – her cranium.

In Defendant Hunt’s Pre-Trial Brief, the Defense merely stated Ms. Rhoads fell, but that no head injury was detected.

The defendant, who was a severe heroin and meth drug addict, had fallen prior to her arrest and incarceration on May 3, 2019. The medical screening done at intake at ACDC does not reflect any head injuries.”

(3) A second, federal court lawsuit was filed in May of 2022 naming Southern Health Partners, three of its employees, and four ACDC corrections officers as defendants. The federal Complaint alleges violations of Eighth Amendment and Fourteenth Amendment constitutional rights.

The Summons for that suit provides additional insights into the case, including the lack of a “post-incident review:”

No post-incident review was conducted to identify how an inmate who had repeatedly complained of a visibly deteriorating condition, and who had correctional officers advocating on her behalf, was allowed to suffer and deteriorate.”

The federal Complaint also details the gray area in the “division of labor” argument. For example, Paragraph 38 describes instances where corrections officers discussed Ms. Rhoads’ medical condition and how to respond to it both amongst themselves and with medical staff. In one instance, a Deputy disputed a nurse’s opinion that Ms. Rhoads was “self-inflicting,” an unlicensed opinion that was proven to be true.




The Fireworks Forecast

Scattered Loud., but Muffled by Clouds and Rain


by Don Moniak

December 30, 2022

In unincorporated Aiken County, fireworks noise remains as protected as the harmonious ringing of church bells. Although the law is much more stringent within the city limits of Aiken and North Augusta, residents along city boundaries or within “donut holes,” are free to afflict high decibel blasts upon their city neighbors.

Twice a year, on the Fourth of July and New Year’s Eve, fireworks usage becomes prevalent enough in Aiken County to provoke a barrage of complaints from dog owners and horse owners, warnings from local emergency rooms, concerns about veterans suffering from PTSD, and safety advice from authorities and even fireworks dealers.

This New Year’s Eve promises more of the same, although the noise is expected to be tempered by cloud cover, warmer temperatures, and rain on New Year’s Eve—though clear skies on the evening of January 1st. Anybody calling the Aiken County Sheriff’s Office (1) to inquire or complain about loud, persistent fireworks usage should be told that:

Fireworks can be set off New Year’s Eve from 8 a.m. on the 31st until 1:30 a.m. on New Year’s Day. On New Year’s Day itself, and all other days this week, the activity must end by midnight.

For fireworks, a 6.5 hour break is required the morning of the 1st, and an eight hour break is required any other day.

That is what is allowed by the Aiken County nuisance ordinance, which was last amended in 2005, and stands the test of time and population growth. Unlike the outpouring of objections that led Aiken County Council (2) to cancel a proposal early in 2022 to limit dumping at county trash transfer stations to four days a week, the biannual fireworks objections never materialize into a discussion for change.

Aiken County’s nuisance ordinance (3) does identify “excessive, unnecessary or unusually loud noises” as a nuisance; and actually defines the phrase objectively, “as any sound which is plainly audible at a distance of two hundred (200) feet from its source.” That is the sole objective distinction pertaining to noise in an ordinance that reads like a trip down a memory lane of legislative vocabulary.

South Carolina State law, which is equal to federal law for aerial explosives, does place restrictions on the amount of explosives within commercial fireworks, but there are no hard sound limits for a product than can easily exceed 150 decibels.

It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to,  fireworks commonly called ‘ground salutes’ or ‘cherry bombs;” M-80’s, T-N-T salutes, and ‘bulldog salutes.”

More than two dozen noises are specifically cited as undesirable in the county nuisance ordinance, few of which are piercing in nature. Only subjective descriptors are employed, further inhibiting enforcement by a local Sheriff’s Department notoriously reluctant to address mere code violations.

Undesirable noise does not include booming fireworks, but it does include any amplified noise that can “unreasonably disturb the quiet, comfort, or peace” of nearby residents, “frequent and habitual barking, howling, yelping, crying, crowing, cackling, or singing” by dogs, birds, or other animals, the honking of vehicle horns for “ an unnecessary or unreasonable period of time,” unmuffled vehicles, pile drivers, pneumatic hammers, and other heavy machinery or “appliances” between 9 p.m and 7 a.m., using a “wagon, cart,” or poorly maintained vehicle that grates, grinds, or rattles, excessively loud “steam engine” exhaust, the “opening or destruction of bales, boxes, crates, containers, or the like” without taking “reasonable care” to confine the noise, and “yelling, shouting, hooting, whistling, singing” of such “duration and volume” as to disturb people nearby.



While “hooting,” destroying bales and boxes, or operating a poorly maintained, grating or rattling wagon or cart remain on the books as noise to be avoided, fireworks and pyrotechnics are only addressed within the numerous exceptions to the law, right after “noise emanating from a church” and activities sponsored or cosponsored by the government.

Noise from the use of fireworks or pyrotechnics from 8:00 a.m. until midnight” is permitted 365 days per year. On eleven different holidays, including Good Friday and Veteran’s Day, the hours are lengthened:

For those activities listed above, which are normally exempted only during specific hours, the exemption shall be from 8:00 a.m. until the following morning at 1:30 a.m. on the following holidays or their dates of official observance: New Year’s Eve, Martin Luther King, Jr. Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.”

Just make sure to put the pneumatic hammers and steam engines away by 9 p.m.





FOOTNOTES:

(1) The Aiken County Sheriff’s Office (ACSO) is required to take complaints, but does rightfully caution against using 911 to do so. The non emergency number for ACSO is 803-642-1761.

(2) Contact information for County Council members can be found at:

https://www.aikencountysc.gov/DspDocTopic.php?qDocID=37

(3) The Aiken County Nuisance Ordinance is contained in Chapter 15, Article III of the County Code.

https://library.municode.com/sc/aiken_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH15OFMIPR_ARTIIINU

The following specific examples of noise nuisances are provided in Part 10:

“Any unreasonably loud or disturbing noise that causes material, physical or mental discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is prohibited. Any noise of such character, intensity intermittent or continued duration which substantially interferes with the comfortable enjoyment of dwellings, hotels or other types of residence by persons of ordinary sensibilities is hereby declared to be a nuisance and is prohibited.

The following acts, whether on or within public or private property, and the causing or permitting thereof, are hereby specifically declared to be unreasonably loud and disturbing noises in violation of this section:

a. The playing or permitting the playing at any time of any radio, tape recorder, phonograph, portable television set, loudspeaker, sound amplifier, amplified or unamplified musical instrument, live music of any kind or any other sound- producing device by any person while inside any theater, retail store, bank, public or private building, public or private modes of transportation, indoor or outdoor public sports area, or any other public or private area, in such manner or with such volume as to unreasonably disturb the quiet, comfort, or peace of the public or private residents.

b. The harboring or keeping of a dog or other animal or bird that by loud and frequent or habitual barking, howling, yelping, crying, crowing, cackling, or singing shall cause disturbance to the neighborhood.

c. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public or private place of the county for an unnecessary or unreasonable period of time, or with such volume as to create any unreasonably loud or harsh sound; provided that the prohibitions of this subsection shall not apply to the sounding of any horn or signaling device when used as a danger warning; and further provided that authorized emergency vehicles may use warning sounds at any time.

d. The discharge into the open air within the county of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motor boat, or motor vehicle, except through a muffler or other device that will effectively prevent loud or explosive noises therefrom.

e. The use within the county of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud or irritating, grating, grinding, rattling, or other noises.

f. The creation within the county of loud or excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same.

g. The operation within the county between the hours of 9:00 p.m. and 7:00 a.m. of any pile driver, power shovel, pneumatic hammer, derrick or hoist, or other appliance, the use of which is attended by loud or disturbing noises.

h. The operation within the county of any noise-creating blower or power fan, the operation of which causes loud or disturbing noise, unless such blower or fan is muffled to deaden such noise.

i. The creation within the county of any loud, irritating, or disturbing noise in the vicinity of any school, institution of learning, church, court of law, hospital, or neighborhood while the same is in use or occupied, and which unreasonably interferes with the workings of such institution, or which disturbs persons of ordinary sensibilities within these buildings or neighborhoods. Signs shall be displayed at or near such public buildings indicating that the same is a school, institution of learning, hospital, court of law, or church. A neighborhood shall be defined as one (1) or more houses.

j. Yelling, shouting, hooting, whistling, singing, loud music (live or recorded), or any other amplified or unamplified equipment on the public or private streets or other public or private areas (to include residences) of the county at any time or place of such duration, frequency, or volume as to disturb the peace, quiet, com fort, or repose of persons in the vicinity of the disturbances listed above.

And in Part 12 there is a general statement for noise nuisance:

“ Any person who makes excessive, unnecessary or unusually loud noises which disturbs others within the unincorporated area of Aiken County. The term “excessive, unnecessary or unusually loud noises” is defined to be any sound which is plainly audible at a distance of two hundred (200) feet from its source. Sounds from emergency vehicles, churches, schools, lawn mowers and other yard maintenance.”

The following exceptions pertaining to noise are specified in the ordinance, and are again full of subjective language:

i. Any county, law enforcement, or emergency vehicle while engaged in necessary public business;

ii. Noises of safety signals or warning devices;

iii. Noises generated by natural phenomena;

iv. Excavations or repairs of streets or utilities by or on behalf of utility companies, the city, county or state, at night, when the public welfare and convenience renders it impossible to perform such work during the day;

v. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character; or

vi. The reasonable use of amplifiers or loudspeakers and any loud noise generated or created in the course of any organized carnival or fair between the hours of 8:00 a.m. and midnight; or

vii. The reasonable use of amplifiers or loudspeakers in the course of sporting events at ballfields and racetracks in the county; yelling, shouting and cheering at sporting events at ballfields and racetracks in the county; and any loud noise associated with a ballfield or racetrack between the hours of 8:00 a.m. and midnight;

viii. Sound as the result of normal or routine lawn/yard maintenance and landscaping between the hours of 6:00 a.m. and 10:00 p.m.;

ix. Any sound emanating from a school or church;

x. Any noise resulting from activities sponsored or co-sponsored by the county;

xi. Noise from the use of fireworks or pyrotechnics from 8:00 a.m. until midnight; and

xii. For those activities listed above, which are normally exempted only during specific hours, the exemption shall be from 8:00 a.m. until the following morning at 1:30 a.m. on the following holidays or their dates of official observance: New Year’s Eve, Martin Luther King, Jr. Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.”


(Individual Home Owners Associations may have rules pertaining to fireworks use that override County regulations).