(A) Noise or sound amplification ordinance violations.
(1) Civil penalties. Any police officer may issue a civil citation for violation of any ordinance concerning noise or sound amplification, subjecting the violator to a civil penalty of $100. If not served in person, the civil citation may be mailed to the address of the permit holder as listed in the application for a sound amplification permit. If a person fails to pay the citation within ten days of issuance, the city may seek to recover the penalty by filing a civil action in the nature of a debt.
(2) Criminal penalties. Any police officer may issue a criminal citation for violation of any ordinance concerning noise or sound amplification. A violation of any noise ordinance provision shall constitute a misdemeanor, punishable by imprisonment for up to 30 days and/or a criminal fine in the amount of $250. Any person who has been convicted of a violation of the noise ordinance two or more times in the past five years shall be subject to imprisonment and/or a criminal fine in the amount of $500.
(3) Permits. The City Clerk shall deny a sound amplification permit to any applicant who has been issued a citation under this division (A) and has not paid the civil or criminal fine.
(4) Enforcement. The city may seek to enforce this chapter through any appropriate equitable action.
(5) Continuing violations. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.
(6) Remedies. The city may seek to enforce this chapter by using any one or a combination of the foregoing remedies.
(B) Other violations.
(1) Unless specifically provided otherwise, a violation of any provision of this chapter, other than one concerning noise or sound amplification, shall subject the violator to a civil penalty of $50. If a person fails to pay this penalty within ten days after being cited, the city may seek to recover the penalty by filing a civil action in the nature of a debt.
(2) A violation of any provision of this chapter, other than one concerning noise, shall also constitute a misdemeanor, punishable as provided in G.S. § 14-4.
(3) The city may seek to enforce this chapter through any appropriate equitable action.
(4) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.
(5) The city may seek to enforce this chapter by using any one or a combination of the foregoing remedies.
and/or a criminal fine in the amount of $500.
(C) Loud, disturbing and unnecessary noise violations. Violation of § 130.066(S) shall be punished by a fine of $200 plus court costs.
(Code 2019, § 14-28) (Ord. passed 5-9-2022)