§ 91.99 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Violations of nuisances in general; noise.

      (1)   Where there is a violation of any provision of this chapter, except as otherwise indicated, the town, in its discretion, may take one or more of the following enforcement actions:

         (a)   A police officer may issue a citation subjecting the violator to a $100 civil penalty, which penalty may provide for a $15 delinquency charge upon nonpayment, and which penalty and delinquency charge may be recovered by the town in a civil action.

         (b)   A misdemeanor warrant may be issued either immediately or upon the issuance of a citation and the violator's failure to pay the same. Misdemeanors shall be punishable by a fine of up to $500 and/or imprisonment for up to 30 days.

         (c)   A civil action seeking a penalty of $500 per day of violation plus injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.

(1995 Code, § 22-78)

      (2)   For the purposes of § 91.52, VIOLATOR means either the operator of the front-end loader, the employer of the operator, or the company, partnership, corporation or other person or entity which owns, possesses or controls the front-end loader utilized by the operator.

   (C)   Abandoned and junked motor vehicles.

      (1)   Any violation of §§ 91.15 through 91.31, or the failure to abide by any lawful order issued pursuant to these sections, shall be punishable as provided in G.S. § 14-4.

      (2)   In addition to the penalty on division (C)(1) above, any violation of the provisions of this chapter or a failure to comply with any of the requirements shall also constitute a civil offense and shall subject the offender to a civil penalty in the amount of $50. Any person violating §§ 91.15 through 91.31 shall be issued a written citation of the violation, which may be issued by any police officer, zoning enforcement officer or any other authorized official as is charged from time to time by the Town Administrator with the enforcement of this chapter. If the offender fails to pay the penalty within 15 days from the issuance to the town, the penalty may be recovered by the town in a civil action in the nature of debt.

      (3)   Each day's continuing violation shall be a separate and distinct offense. Each motor vehicle in violation of this subchapter shall be a separate and distinct offense.

      (4)   In addition, the provisions of §§ 91.15 through 91.31 may also be enforced through equitable remedies issued by a court of competent jurisdiction including injunction and order abatement or any other remedy permitted under this chapter or at law or equity.

      (5)   This subchapter may be enforced by any one, all or combination of the remedies authorized in this division (C).

   (D)   Effective April 12, 2022, the following civil penalties are fixed for the violations indicated:

 

	Offense	Fine
(1)	Noise    First violation    Second violation    Third violation    Fourth violation    Fifth and subsequent violations	$100 $250 $500 $750 $1,000

 

(Ord. 10, passed 4-13-1999; Ord. 13, passed 2-8-2000; Ord. 15, passed 9-12-2000; Ord. 2022-02, passed 4-12-2022)