Where there is a violation of any provision of this chapter, the town, at its discretion, may take one or more of the following enforcement actions:
(A) A police officer may issue a citation subjecting the offender to a civil penalty in the amount of $50.
(1) In the event there is more than one violation within any 30-day period, then the civil penalty shall be increased for each additional violation over one during such period, as follows. The date of the first violation shall establish the beginning date for the initial 30-day period. The next violation within that 30-day period shall be considered the second violation. Any violations that follow within that 30-day period shall be numbered sequentially. The penalty for offenses within the same 30-day period shall be:
Second offense $100
Third and subsequent offenses $150
(2) Once the 30-day period has run from the "first violation," the next violation shall be considered to be a first violation for the purposes of establishing a new 30-day period. Each subsequent violation that follows more than 30 days from the previous first violation shall be a new first violation for the purpose of establishing a new 30-day period.
(3) Failure to pay a given citation within 20 days of issuance may be recovered by the town in a civil action.
(B) A misdemeanor warrant may be issued in accordance with G.S. § 160A-175 either immediately or upon issuance of a citation and the violator’s failure to pay the civil penalty.
(C) A civil action seeking a penalty of $100 per day of violation plus injunctive relief and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.
(Ord. 05-06-04, passed 8-8-05; Am. Ord. 19-20-12, passed 12-9-19)