(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) It shall be a misdemeanor for any person to obtain or receive ambulance service pursuant to §§ 112.01 through 112.11 without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for a period of 90 days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were obtained or received.
(2) Violation of §§ 112.01 through 112.11 or the terms of any franchise granted hereunder pursuant to §§ 112.01 through 112.11 shall be a misdemeanor as provided by G.S. § 14-4. Each such violation also shall subject the offender to a civil penalty in the amount of $100 for each separate breach of the franchise or violation of §§ 112.01 through 112.11. This civil penalty must be paid within ten days after the hearing on the citation has been held. If not so paid, such penalty may be recovered by the county as provided by G.S. § 153A-123(c). If the civil penalty is not paid within the ten days as provided for above, the county may suspend or revoke the franchise.
(3) If any franchisee shall violate or fail to comply with any provision of §§ 112.01 through 112.11 or a franchise issued under §§ 112.01 through 112.11, the franchisee shall be cited by the county for violation or failure to comply. The county, after a hearing pursuant to this citation, may impose a civil penalty of $100 for each separate breach of the franchise as provided in § 112.03(D) or may suspend or revoke the franchise. If, upon such hearing, the county shall find that the franchisee has corrected any deficiencies and has brought its operation into compliance with the provisions of §§ 112.01 through 112.11, the franchise shall not be suspended or revoked, but a civil penalty as provided in § 112.03(D) may be imposed.
(C) (1) False alarms resulting from any alarm system tied into the communications center constitute a public nuisance, and shall cause the alarm user to be assessed a civil penalty which may be recovered by the county in a civil action in the nature of a debt.
(2) Alarm users required to have permits shall keep the communications center notified of at least two persons available at all times to respond to an activated alarm system within 30 minutes of notification. A change in the two persons must be made in a written notification to the Sheriff. Failure to meet these requirements shall constitute a violation subject the alarm user to the civil penalties detailed below in divisions (C)(3) and (C)(4).
(3) The following schedule of civil penalties may be assessed against an alarm system user in violation of the provisions of §§ 112.25 through 112.33:
(a) For a first violation and for a second violation within any 90-day period: no penalty;
(b) For a third violation within any 90-day period: $15;
(c) For a fourth violation within a 90-day period: $30; and
(d) For a fifth violation within a 90-day period: $30.
(4) If the Sheriff’s Department records five or more false alarms within a 90-day period:
(a) The Sheriff shall notify the alarm user and the alarm system business providing service to the user by certified mail of such fact and direct that the user submit a report to the Sheriff within ten days of receipt of the notice describing actions taken or to be taken to eliminate the cause of the false alarms;
(b) If no report is submitted or if the Sheriff determines that the actions taken or to be taken will not prevent the occurrence of false alarms, the Sheriff shall give notice by certified mail to the user that the permit will be revoked without further notice on the tenth day after the date of the notice if the user does not file within that period a written request for a hearing;
(c) If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Sheriff by certified mail at least ten days prior to the date set for the hearing, which date shall not be more than 21 nor less than ten days after the filing of the request for hearing;
(d) If a hearing is conducted pursuant to division (C)(4)(c) above at which the Sheriff finds as a fact that the alarm system has been installed, maintained, or operated in violation of the provisions of §§ 112.25 through 112.33, or any term or condition of said permit, the Sheriff shall revoke the holder’s permit to install or operate the alarm system and said system shall be disconnected from the communications center. Such revocation may be appealed to the Board of Commissioners for a de novo hearing, and from there to the court as permitted by the state general statutes and shall not be effective pending any appeal; and
(e) In case of a revocation, a new permit for the same alarm system or alarm user may be issued with the approval of the operations officer of the Sheriff’s Department under the provisions of §§ 112.25 through 112.33, upon satisfactory proof that any outstanding civil penalties have been paid and that the alarm system has been modified to minimize further violations.
(Ord. passed 7-7-1981; Ord. passed 7-6-1999)