The penalty and additional remedies for violation of this section shall be as follows.
(A) Civil penalty, injunctive relief. Any person who violates any section of this chapter shall be subject to a civil penalty for each violation or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon a citation having been issued, then the violator may have within ten days of the citation being received, the ability to pay a civil penalty of $25 and to also cease the violating conduct or activity. If the civil penalty is not paid within that ten days and/or the conduct has not ceased, then the penalty shall be in an amount of $50 for each violation, for each day as long as the violation continues. Upon application for injunctive relief, it shall be necessary and a finding that a person is violating or threatening to violate any section of this chapter, the Superior Court shall grant injunctive relief to restrain the violation. The city may establish procedure for the collection of the civil penalties and may enforce the penalties by a civil action in the nature of a debt.
(B) Continuing violations. Each day a violation of any section of this chapter shall constitute a separate offense.
(C) Criminal violation. A violation of this chapter shall also be a violation of G.S. § 14-4 and that, upon a finding of guilty, the violating party shall be guilty of Class III misdemeanor and subject to a fine of up to $500.
(D) Forfeiture of drug stem. Any item sold or possession with intent to sell by any person after a court has adjudicated such an item to constitute drug paraphernalia, as defined by this chapter, shall be subject to forfeiture of the drug stem to the city, upon order of the court entered in any injunction proceedings instituted under the authority of this section or in a separate forfeiture action instituted by the city.
(Ord. 06-35, passed 11-28-2006)