(A) In the event of a violation of this chapter, or of any special use or zoning compliance permit issued pursuant to this chapter, the county may impose and collect, and the holder of the special use or zoning compliance permit for wireless telecommunications facilities shall pay to the county, fines or penalties as set forth below.
(B) A violation of this chapter is hereby declared to be an offense, punishable in the following manner:
(1) For conviction of a first offense, a fine not to exceed $350 per day per occurrence or imprisonment for a period not to exceed six months, or both;
(2) For conviction of a second offense committed within five years of a first offense, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and
(3) Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
(C) However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
(D) Each week’s continued violation shall constitute a separate additional violation.
(E) Notwithstanding anything in this chapter, the holder of the special use or zoning compliance permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages, or other penalties to evade or avoid compliance with this chapter or any section of this chapter.
(1) An attempt to do so shall subject the permit holder to termination and revocation of the special use or zoning compliance permit.
(2) The county may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the county.
(F) 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, § 156.40) (Ord. passed 10-7-2002; Ord. passed 12-3-2007)