Sec. 1-9. General penalty; continuing violations; enforcement of ordinances.

   (a)   In this section "violation of this Code" means any of the following:

   (1)   Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

   (2)   Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

   (3)   Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, a civil infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

   (b)   In this section "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

   (c)   Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine of not more than $500.00.

   (d)   Except as otherwise provided by law or ordinance:

   (1)   With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

   (2)   With respect to other violations, each act constitutes a separate offense.

   (e)   The procedure provided for in section 6-133 applies to all ordinances; provided that for purposes of a chapter of this Code other than chapter 6, references to animal control officers shall be deemed to be references to persons authorized to enforce the chapter.

   (f)   The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

   (g)   Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

   (h)   This Code may also be enforced as authorized and in accordance with G.S. 160A-175. Specifically, and without limitation, any section of this Code may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. This Code may be enforced by any one, all, or a combination of the remedies authorized by G.S. 160A-175.

(Code 1976, § 1-10; Code 1982, § 1-7)

   State law reference(s)--Penalty for ordinance violations, G.S. 14-4, 160A-175.