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(A) Any violation of the articles of this chapter shall subject the offender to a civil penalty in the amount of $50. Violators shall be issued a written citation which must be paid within 72 hours of receipt. Such citation shall be served by either first class mail, personal service, or posted at the front door. Any of these methods of service shall be conclusively presumed to be valid, and no owner or occupant shall refuse service of the citation.
(B) Each day’s continuing violation shall be considered a separate, and distinct, offense.
(C) Notwithstanding subsection (A) above, provisions of this article may be enforced through equitable remedies issued by a court of competent jurisdiction.
(D) In addition to, or in lieu of, remedies authorized in subsections (A) and (C) above, violations of any articles of this chapter may be prosecuted as a misdemeanor, or otherwise, in accordance with G.S. § 160A-175.
(Ord. 22-2018, passed 12-3-2018)
The Code Official, or appointed designee, is hereby given full power and authority to enter upon the premises upon which a nuisance is found to exist under the provisions of this article for the purpose of abating the nuisance, as provided in this article.
(Ord. 22-2018, passed 12-3-2018)
(A) The actual cost incurred by the town in removing, or otherwise remedying, a public nuisance shall be charged to the owner of such lot, or parcel of land, and it shall be the duty of the Finance Department or Public Services Department to mail a statement of such charges to the owner, or other person in possession of such premises, with instructions that such charges are due, and payable, within 30 days from the receipt thereof.
(B) If charges for the removal, or abatement, of a public nuisance are not paid within 30 days after the receipt of a statement of charges, such charges shall become a lien upon the land, or premises, where the public nuisance existed, and shall be collected as unpaid taxes.
(C) The procedure set forth in this article shall be in addition to any other remedies that may exist under law for the abatement of public nuisances, and this article shall not prevent the town from proceeding in a criminal action against any person violating the provisions of this article.
(D) All ordinances, or parts of ordinances, in conflict with this article are hereby repealed. If any part of this article shall be adjudged invalid, such adjudication shall apply only to such part so adjudged, and the remainder of the article shall be deemed valid and effective.
(Ord. 22-2018, passed 12-3-2018)
(A) Open burning shall be permitted only in accordance with 15A N.C.A.C.02D.1903, and such other statutes and rules as may be adopted by the state. The statute 15A N.C.A.C.02D.1903 authorizes open burning without a state permit for several purposes, including, but not limited to, the following:
(1) Open burning of leaves, tree branches, or yard trimmings, excluding logs and stumps, if the following conditions are met:
(a) The material burned originates on the premises of private residences, and is burned on those premises;
(b) There are no public pick up services available;
(c) Non-vegetative materials, such as household garbage, lumber, or any other synthetic materials, are not burned;
(d) The burning is initiated no earlier than 8:00 a.m., and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
(e) The burning does not create a nuisance; and
(f) Material is not burned when the Division of Forest Resources has banned burning for that area.
(2) Open burning for land clearing or right-of-way maintenance if the following conditions are met:
(a) The wind direction at the time that the burning is initiated, and the wind direction as forecasted by the National Weather Service at the time that the burning is initiated, are away from any area, including public roads within 250 feet of the burning, as measured from the edge of the pavement or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning; and
(b) The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.
(B) For a complete list of open burning activities authorized without a state permit, a property owner should contact either the Code Enforcement Officer, or the staff at the NC DENR, Division of Air Quality.
(Ord. 22-2018, passed 12-3-2018)
It shall be unlawful to create, or assist in creating, permit, continue, or permit the continuance of, any unreasonably loud, disturbing, and unnecessary noise in the town. Noise of such character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited.
(Code 1976, § 11.2) Penalty, see § 14-203
The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this article, but this enumeration shall not be deemed to be exclusive, namely:
(A) The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after, or as brakes are being applied, and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary, and unreasonable, period of time;
(B) The use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle;
(C) The use or operation of any piano, manual or automatic, phonograph, radio, loudspeaker, or any other instrument, or sound amplifying devices, so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance; provided, however, that upon application to the Town Manager, permits may be granted to responsible organizations to produce programs in music, speeches, or general entertainment; church chimes and bells operated between the hours of 7:00 a.m. through 11:00 p.m. shall not violate this article;
(D) The keeping of any animal or bird which, by causing frequent or loud continued noise, shall disturb the comfort and repose of any person in the vicinity;
(E) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise;
(F) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin, or stop, work, or as a warning of danger;
(G) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud, or explosive, noises therefrom;
(H) The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced;
(I) The erection (including excavation), demolition, alteration, or repair of any building in a residential district, other than between dawn until dusk, except in the case of urgent necessity in the interest of public safety, and then only with a permit from the Town Manager, which permit may be renewed for a period of three days, or less, while the emergency continues;
(J) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same is in session, or within 150 feet of any hospital, which unreasonably interferes with the working of such institution; provided, conspicuous signs are displayed in such streets indicating that the same is a school, court, or hospital street;
(K) The creation of any excessive noise on Sabbath days on any street adjacent to any church, or other religious institution; provided, conspicuous signs are displayed in such streets adjacent to churches, or other religious institutions, indicating that a church, or other religious institution, is located on the street;
(L) The creation of loud and excessive noise in connection with loading, or unloading, any vehicle, or the opening and destruction of bales, boxes, crates, and containers;
(M) The sounding of any bell or gong, attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;
(N) The shouting and crying of peddlers, barkers, hawkers, and vendors which disturbs the quiet and peace of the neighborhood;
(O) The use of any drum, loudspeaker, or other instrument, or device, for the purpose of attracting attention by creation of noise to any performance, show, or sale, or display of merchandise;
(P) The use of any mechanical loudspeakers or amplifiers on trucks, or other moving vehicles, for advertising purposes, or other purposes except where specific license is received from the Board;
(Q) The conducting, operating, or maintaining of any garage, or filling station, in any residential district so as to cause loud, or offensive, noises to be emitted there from between the hours of 1l:00 p.m. and 7:00 a.m.;
(R) The firing, or discharging, of squibs, crackers, gunpowder, or other combustible substance in the streets, or elsewhere, for the purpose of making noise or disturbance, except by permit from the Town Manager; and
(S) It shall be unlawful for any person to play, use, or otherwise operate, either from a motor vehicle or as a pedestrian, any radio, tape player, or other sound amplification device emitting sound that is audible from a distance of 50, or more, feet from the source of the sound, unless such device is being used to request assistance, or warn against an unsafe condition.
(Code 1976, § 11.3) (Ord. 17-93, passed 10-18-1993; Ord. 30-98, passed 8-31-1998) Penalty, see § 14-203
Cross-reference:
Animals, Ch. 4; Buildings and Building Regulations, Ch. 5; peddlers, soliciting, and itinerant merchants, §§ 6-401 et seq.; firearms regulated, § 15-101; Streets, Sidewalks, and Other Public Places, Ch. 19; Traffic and Motor Vehicles, Ch. 20.
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