§ 50.99 PENALTY.

   (A)   In addition to, and separate and apart from, the specific remedies set forth in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not less than $50 and cost and/or imprisonment for a minimum of 30 days, or both. A separate and distinct violation shall be deemed to have occurred upon each and every day during which such violation continues. Any violation may result in the suspension or loss of license to the licensee.

   (B)   All persons failing to comply with § 50.05(B)(2) shall be guilty of a misdemeanor and shall be fined up to $100 on first offense in the discretion of the court, with each day that the violation continues to exist being considered a separate and distinct offense until the dumping site has been corrected as requested.

   (C)   All persons using sanitary landfills or solid waste containers operated by the county shall abide by the rules and regulations governing their use, and a violation of such rules and regulations shall constitute a violation of this chapter and violators may be fined up to $100 in the discretion of the court, with each day a violation continues to exist being considered a separate and distinct offense.

   (D)   Disposal of solid waste:

      (1)   Misdemeanor. A violation of any of the provisions of §§ 50.35 through 50.45 shall constitute a misdemeanor, punishable by a fine not exceeding $500 or by imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense;

      (2)   Civil penalty.

         (a)   A violation of §§ 50.35 through 50.45 shall also subject the offender to a civil penalty of $300 for the first violation, $400 for the second violation, and $500 for the third and subsequent violations.

         (b)   After the effective date of §§ 50.35 through 50.45, each delivery of solid waste to a facility other than the county’s designated facility shall be considered a separate violation.

          (c)   If a person fails to pay this civil penalty within ten days after being cited for a violation, the county may seek to recover the penalty by filing a civil action.

      (3)   Equitable remedy. The provisions of §§ 50.35 through 50.45 may be enforced by injunctive relief as provided in Rule 65 of the State Rules of Civil Procedure, abatement, or other appropriate available remedy, and it shall not be a defense thereto that there is an adequate remedy at law.

   (E)   Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.

(1996 Code, § 50.99) (Ord. passed 5-6-1985; Ord. passed 1-18-1994)