§ 91.99 PENALTY.
   (A)   First offense. Any person who violates any portion of this chapter shall receive an oral order to cease or abate the noise immediately, or within a reasonable time period.
(2003 Code, § 17-501)
   (B)   Nighttime offenses/subsequent offenses. If a second violation occurs within 60 days of the first offense or if an offense occurs during nighttime, an oral order to cease or abate need not be issued prior to issuing a citation for violation of any portion of this chapter.
(2003 Code, § 17-502)
   (C)   Civil penalty.
      (1)   If the order to cease or abate the noise is not complied with or if a second violation occurs within 60 days of the first offense or if an offense occur during nighttime, a person or persons responsible for the violation may be subject to a civil penalty in the amount of $100.
      (2)   Violators may be issued a written citation, which must be paid within five days of the issued date and time.
      (3)   The Town Attorney or his or her designee is authorized to file a civil action on behalf of the town to collect any unpaid citations, and the Police Chief or his or her designee is authorized to verify and sign complaints on behalf of the town in such civil actions.
      (4)   A police officer or other employee duly authorized to enforce this chapter may issue a citation for violation of this chapter.
(2003 Code, § 17-503)
   (D)   Remedies. This chapter may also be enforced through equitable remedies issued by a court of competent jurisdiction.
(2003 Code, § 17-504)
   (E)   Criminal penalty.
      (1)   In addition to or in lieu of such civil penalties or other remedies, violation of this chapter shall constitute a misdemeanor pursuant to G.S. §§ 14-4 and 160A-175, as amended, punishable for each violation by a fine of up to $500.
      (2)   A police officer or other officer enforcing subject matter jurisdiction or other duly authorized noise control officer may initiate the criminal process as provided by law.
(2003 Code, § 17-505)