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(a) The Town hereby establishes that it shall be unlawful to carry on the following activities in any residentially zoned area of the Town or within one thousand (1,000) feet of any occupied residential structure in all zoning districts of the Town:
(1) Operating a front-end loader or other truck for refuse collection between the hours of 10:00 P.M. and 7:00 A.M.
(2) Delivery or pick-up of construction materials, trash, debris, garbage, and other materials, supplies, and equipment between the hours of 10:00 P.M. and 7:00 A.M.
(b) Violators of subsection (a) above will be the company/individual effecting the pick-up or delivery, as well as the property owner/occupant who requests or allows the prohibited pick-up or delivery to be made. An owner of any premises subject to this section who is not an occupant of the premises shall be responsible and subject to civil penalty but not criminal liability for actions by tenants, guests, or other licensees if such absentee owner has been notifies of the first or previous violations of subsection (a) which have occurred within the previous 12-month period. Notice of any first or previous violations pursuant to this paragraph shall be affected by registered or certified mail.
(c) Any violator of subsection (a) shall be responsible and subject to a civil penalty but not a criminal liability, in the amount of twenty-five dollars ($25.00) for the first offense, one hundred dollars ($100.00) for a second offense, and two hundred fifty dollars ($250.00) for each offense thereafter. The civil penalty is to be paid within ten (10) days following service, which penalty may provide an additional fifty dollars ($50.00) delinquency charge upon non-payment, and which penalty and delinquency charge and costs of collection including a reasonable attorney fee may be recovered by the Town in a civil action.
(Ord. of 1-5-04; Ord. No. 24-11-20-001, 11-20-24)
(a) Purpose. The purpose of this section is to minimize impervious surfaces associated with parking on natural surfaces and prevent excessive runoff and soil erosion. Further, this section is intended to minimize the impacts of vehicles in areas intended for residential living, including light trespass and noise pollution exacerbated by vehicles traversing rear and side yards.
(b) Applicability. This section shall be applicable in the Town Limits.
(c) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
Natural surface area. Area that is not finished with a prepared hard surfacing or unprepared surface, maintained in a natural state to include grass, dirt, and landscape areas.
Prepared hard surfacing. Including, but not limited to, asphalt, concrete or unit pavers. Prepared hard surfaces do not include those finished with gravel, dirt, or mulch.
Similar material. A material that at a minimum matches the existing materials, but could be improved to an accepted prepared material. For example: If an existing gravel driveway was to be extended to comply with this section, a similar material would include gravel. In this example delineation and dust standards would have to be met.
Unprepared hard surfacing. Surface material that is not made of a prepared hard surface treatment may include surfaces such as gravel and similar materials.
Front yard. The open, unoccupied space extending the full width of the lot, and situated between the street and the front line of the building, projected to the side lines of the lot.
Rear yard. The open, unoccupied space extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
Side yard. The open, unoccupied space situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
(d) Offenses. No person shall stop, stand, or park a vehicle on any natural surface area within the front, rear, or side yard of a lot used for residential purposes. Parking is required on prepared hard surfaces where they currently exist or for any new development. If additional parking area is added to comply with this parking prohibition, the maximum area of additional parking areas is three hundred four (304) square feet or forty (40) percent of the lot area, whichever is less. All new parking areas shall be constructed of at a minimum similar material to the existing parking area; where existing parking is constructed of unprepared surfaces it shall be compacted to minimize dust and delineated to clearly indicate the parameters of the parking area. Parking in the side and rear yard is limited to driveways, drive aisles and similar devices leading to a rear yard garage or similar structure. Where a corner lot provides primary parking in the corner side yard, the corner side yard shall be treated as a front yard for the purposes of this section.
(e) Temporary and emergency exceptions. Exceptions may be necessary for emergency or temporary situations. In these situations, the exception shall not last longer than ten (10) days, unless an extension, not to exceed ten (10) additional days, is approved by staff.
(f) Enforcement procedures.
(1) The Code Enforcement Officer upon complaint or observation of a violation should provide the occupant or owner a written warning as to the nature of the violation and procedures for compliance.
(2) After a warning, the Code Enforcement Officer may issue civil penalties according to the penalties enumerated below.
(3) Any effort to improve surfaces in accordance with this section may temporarily stay enforcement proceedings as long as the surfacing requirements are to be met in a reasonable time.
(g) Penalties. Any violator of subsection (d) shall be responsible and subject to a civil penalty but not a criminal liability, in the amount of twenty-five dollars ($25.00) for the each offense. The civil penalty is to be paid within ten (10) days following service, which penalty may provide an additional fifty dollar ($50.00) delinquency charge upon non-payment, and which penalty and delinquency charge and costs of collection including a reasonable attorney fee may be recovered by the Town in a civil action.
(Ord. No. 17-02-06-001, § 1, 2-6-17; Ord. No. 24-11-20-001, 11-20-24)
No person may bury, or cause to be buried, the body of any deceased person within the Town limits in any place other than a church cemetery or a cemetery operated by a governmental entity or a private cemetery licensed or specifically exempted from licensing according to the North Carolina Cemetery Act (North Carolina General Statues Chapter 65).
(Ord. No. 24-04-18-001, 4-18-24)