Charleston gives initial OK for 'no-wake zones' on flooded streets. Is the crime worth the time?

Charleston's flood-prone streets could soon become "no-wake zones" like those usually found for waterways.

On Aug. 20, City Council gave its first nod on an ordinance that prohibits drivers from plowing through inundated roads. The proposed regulation aims to slow motorists, whether driving a car or boat, on streets flooded with more than 6 inches of water so wakes don't damage adjacent properties.

But at least two members of the 12-member council opposed the measure, saying the penalty is too harsh.

Violators could face a fine of up to $100, up to 30 days in jail, or both, according to language that was approved during the council's first reading Aug. 20. The measure still needs a second and third reading from the council, after which it will take immediate effect.

"If you travel over 5 mph down a flooded street or travel in such a manner that you cause the water to go over the edge of the street, that’s a violation," city attorney Steve Ruemelin told the council.

Councilmen Boyd Gregg, who represents District 1 on Daniel Island, and Robert M. Mitchell, who represents District 4 encompassing the city's East Side and Neck Area, voted against the ordinance, opposing what they said is an "excessive" possible jail sentence. The 30-day maximum is standard for a municipal offense.

Mayor William Cogswell, who proposed the measure, said he hopes the threat of potential punishment is enough to prevent people from driving into floodwaters at all. He added that police officers will have discretion to hand out warnings rather than citations, and if ticketed, municipal judges also have wide latitude to waive any jail time.

"This is not meant to be an overly punitive ordinance," he told the council.

Ruemelin explained at a committee meeting ahead of the council's vote that the ordinance also references two state laws that prohibit motorists from driving around or moving barricades. He said the city's ordinance can't be any more lenient or severe than state law.