§ 71.99 PENALTY.

   (A)   General penalty. Any person, firm or corporation violating any of the provisions of any section or division of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine in the amount of $50, or as specified in the then-current fees, rates and charges schedule adopted as part of the town’s annual operating budget; except, that where the state law provides specific remedies for violations of provisions of this code adopted pursuant to such statutes, such remedies available to the town for enforcement of this code shall be in addition to the remedies hereinafter stated.

   (B)   Civil fines and penalties.

      (1)   The first violation of §§ 71.45 through 71.51 shall result in a $50 civil fine. No suspension of operating privilege shall be assessed unless the violation is for failure to register the golf cart as required by §§ 71.45 through 71.51. In such a case, the owner shall be considered suspended for the purposes of §§ 71.45 through 71.51 unless and until the owner properly registers the golf cart.

      (2)   A second violation of §§ 71.45 through 71.51 shall result in a $100 civil fine and suspension of operating privilege for 30 days.

      (3)   A third violation of §§ 71.45 through 71.51 shall result in a $200 civil fine and loss of operating privilege for six months.

      (4)   A fourth and subsequent violation of §§ 71.45 through 71.51 shall result in a $250 civil fine and loss of operating privilege for one year.

      (5)   Any civil fine imposed under §§ 71.45 through 71.51 shall be payable by the offender within 20 days of final disposition. If the offender does not pay within such time, the town may enforce the fine as prescribed by G.S. § 160A-175.

      (6)   Any person who operates or allows operation of a golf cart on the public streets or roads of the town while such privilege has been suspended under §§ 71.45 through 71.51 shall be guilty of a Class 3 misdemeanor.

   (C)   Charging procedure and punishment.

      (1)   Any law enforcement officer who believes that a person has violated §§ 71.45 through 71.51 may charge that person with such violation, and in the event of such charge, the officer shall use the citation used by the town’s Police Department to charge for general violations of town ordinances.

      (2)   A person charged with violating §§ 71.45 through 71.51 may request reconsideration of the charge, in writing, within ten days of the charge. Such request shall be directed to the town’s Chief of Police; however, if the charging officer was the Chief of Police, then the request shall be directed to the Town Coordinator. The person charged shall not be entitled to a stay of any suspension of operating privileges imposed pending review.

      (3)   For good cause, the official to whom such a request is properly directed may elect to quash the charge or may otherwise reduce the punishment detailed herein. The official may act without need of a hearing, and shall notify the person charged of his or her decision within ten days of having received the offender’s request for reconsideration.

      (4)   Nothing in §§ 71.45 through 71.51 shall be construed to prevent an official making a determination on a request for reconsideration from empanelling a body to hear evidence, take testimony, and make a decision on the request, if the official determines that doing so would serve the ends of justice. If an official elects to do so, he or she shall have 30 days to notify the person charged of the final decision.

      (5)   Nothing in §§ 71.45 through 71.51 shall be construed to prevent an offender from exercising any other right of review as allowed by law.

   (D)   Application of state regulations. In the alternative, or in addition to §§ 71.45 through 71.51, a law enforcement officer may charge an offender for operating or allowing the operation of a golf cart in a manner that violates any provision of G.S. Chapter 20.

(Prior Code, § 7-1215) (Ord. passed 11-10-2011; Ord. 9-2021, passed - -)