§ 94.99 PENALTY.

   (A)   Outdoor burning.

      (1)   Civil penalty. Any person cited for a violation of any provision of §§ 94.01 through 94.04 shall be subject to a civil penalty in the amount of $200 per violation. The penalty may be recovered by the town in a civil action in the nature of a debt if the person who has been assessed a civil penalty does not pay the same within 30 days after first being cited by the public officer for a violation of this chapter. The penalties assessed for continuing violations constituting a separate and distinct offense may be aggregated and collected in one action.

      (2)   Misdemeanor; fine. Except as specifically set out herein to the contrary, the violation of §§ 94.01 through 94.04 is a Class 3 misdemeanor as set out in G.S. §§ 14-4 and 160A-175. The maximum fine for a violation of §§ 94.01 through 94.04 is $500.

      (3)   Equitable relief; abatement. Sections 94.01 through 94.04 may be enforced by an appropriate equitable remedy issued from a court of competent jurisdiction as set out in G.S. § 160A-175. The town may apply to the appropriate division of the general court of justice for mandatory or prohibitory injunction and order of abatement commanding the defendant(s) to correct the unlawful condition upon, or cease the unlawful use of, the property.

      (4)   Continuing violation. Each day’s continuing violation of any provision of§§ 94.01 through 94.04 shall be a separate and distinct offense.

(Prior Code, § 1805)

   (B)   Alarm reduction.

      (1)   Fines.

         (a)   An alarm user shall be subject to fines, warnings, and suspension depending on the number of false alarms emitted from an alarm system within a 12-month period. The one-year period is measured from the date of the false alarm to the preceding 12 months. Fines are based upon the following schedule:

 

Number of False Alarms	Fines
1-2	No action
3-4	Written warning
5-7	$50 per incident
8-9	$100 per incident
10 and over	$250 per incident
Malicious alarm	$100 per incident

 

         (b)   Payments must be received within 30 days or a $25 late fee will be added to the account.

         (c)   Failure to pay civil penalties within 60 days may result in the suspension of police or fire response to the alarm user because of an alarm activation.

      (2)   Enforcement and penalties.

         (a)   Any person violating any of the provisions of §§ 94.15 through 94.22 shall be subject to the civil penalties set forth in division (B)(1) above. Any violation of §§ 94.15 through 94.22 shall be deemed a noncriminal violation and shall not be a misdemeanor or infraction pursuant to G.S. § 14-4.

         (b)   If payment is not received or equitable settlement reached within 180 days after demand for payment is made, the matter shall be referred to the Town Attorney for institution of a civil action in the name of the town in the appropriate division of the General Court of Justice of the county for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this chapter.