(A) A violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable as provided in G.S. § 14-4.
(B) A violation of any of the provisions of this chapter shall also subject the offender to a civil penalty in accordance with the town’s annually adopted fee schedule. If a person fails to pay this penalty within 10 days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt.
(C) The town may seek to enforce this chapter through any appropriate equitable action.
(D) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.
(E) The town may seek to enforce this chapter by using any one or a combination of the foregoing remedies.
(F) Any person in violation of § 130.08 shall be guilty of a misdemeanor and upon conviction shall be fined $500 or imprisoned for 30 days, or both.
(G) Any person who violates any of the provisions of § 130.11 shall be subject to a fine not exceeding $100. Any like violation shall constitute a separate offense on each successive day continued.
(H) Penalties for violations of this article may be assessed against the owner of a non-residential premises, the occupant of the premises, persons responsible for the premises or the device producing or causing the noise.
(I) An owner of any non-residential premises subject to this article who is not also an occupant of the premises shall be responsible for any actions by tenants, guests, or other licensees that constitute second or subsequent violations of this article; provided, that:
(1) No absentee owner shall be liable unless notified of first of previous violations of the article;
(2) Such first violation or previous violation shall have occurred within the previous twelve-month period;
(3) Notice of any first or previous violations pursuant to this paragraph shall be effected by registered or certified mail;
(4) No absentee owner may be subject to criminal liability under this section, but shall be subject to all civil penalties and equitable relief.
(J) This section shall in no way relieve any other person from responsibility for violations of this article.
(K) Civil penalty. Violators shall be subject to a civil penalty pursuant to the provisions above. Violators may be issued a written citation which must be paid within 10 days of the issue date and time. The town attorney, or designee, is authorized to file a civil action on behalf of the town to collect any unpaid citations, and the police chief, or designee, is authorized to verify and sign complaints on behalf of the town in such civil actions.
(1981 Code, § 5-9) (Ord. passed 11-27-1995; Am. Ord. passed 2-2-2004; Am. Ord. passed 2-25-2019; Am. Ord. passed 11-22-2021)