(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Criminal remedies. Conducting business within the city without a valid registration issued in accordance with §§ 110.01 through 110.23 of this chapter, or without posting a registration in compliance with § 110.22 of this chapter is a misdemeanor, punishable as provided in G.S. § 14-4. Each day that a person conducts business in violation of §§ 110.01 through 110.23 of this chapter is a separate offense.
(C) (1) The Chief of Police or his or her designee is authorized to investigate all alleged violations of § 110.37(D) of this chapter. A violation of any provision of § 110.37(D) of this chapter by any owner or principal operator of an establishment shall result in a notice of violation from the Chief of Police or his or her designee to said establishment at the address provided by the establishment. The notice of violation required under § 110.37(D) of this chapter shall be in writing, set forth the grounds for the violation, and inform the owner or principal business operator of the establishment that he or she has ten days from the date of mailing of the notice to file a written request for a hearing.
(2) A business which is otherwise required to install the security enhancements defined in this section may apply, on an annual basis, to the Chief of Police or his or her designee for exemption from the provisions of this section.
(3) Violators shall have 30 days after receipt of the notice to provide the Police Department proof that the violation has been corrected. If the violation continues after the 30-day period, the Chief of Police or designee shall issue a citation against the violator and, subject in any event to the appeal process afforded under this chapter, the violator shall pay a civil penalty not to exceed $500. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties.
(4) For purposes of § 110.37(D) of this chapter, each day that a violation continues shall be a separate violation, in addition, to the foregoing, the violation of any provision of § 110.37(D) of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. A business found to be an exception to this code would be one that is open 24 hours a day and firearms are kept in a secured location where they are not readily accessible to the public. An example would be firearms locked in an impenetrable display case and a customer would require assistance from an employee in order to physically take possession of the firearm.
(Ord. 2015-08-04, passed 8-24-2014; Ord. 2015-08-07, passed 8-24-2015)