(A) (1) In addition to or in lieu of any other penalty herein provided by the code of the town, or the general statutes of the state, violation of the provisions of this chapter shall subject the offender to a civil penalty in the amount of $100 per violation to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within a period of 72 hours after the offender has been cited for violation. Any action to recover the civil penalty may be joined in recovering damages owing to the town by reason or expenses incurred by the town in abating correction, limiting an action for appropriate equitable remedy, including injunctions and orders of abatement, and including an action to and otherwise dealing with the offending action.
(2) It shall be unlawful for any person not having any visible means of support to loaf, lounge, or loiter in a vagrant manner upon any of the streets or public properties within the town.
(Prior Code, § 8-1001)
(B) (1) Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in the code the doing of any act is required or the failure to do such act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code shall be a Class 3 misdemeanor, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days. Each day that any violation of this code continues shall constitute a separate offense.
(2) Despite the provisions of division (B)(1) above, violation of any provision of this code regulating the operation of any vehicle shall constitute an infraction, subject to the penalty provisions of G.S. §§ 14-3.1 and 14-4.
(3) In addition to or in lieu of the penalty provisions set forth above, the violator may be subject to one, all, or a combination of the remedies legal or equitable as authorized and prescribed by G.S. § 160A-175.
(4) (a) Without limiting division (B)(3) above, any act constituting a violation of the provisions of this code or a failure to comply with any of its requirements shall subject the offender to a civil penalty to follow the schedule below.
First citation | $50 |
Second citation | $200 |
Third citation | $500 |
(b) If the offender fails to pay this penalty within ten days after being notified of a violation, the penalty may be recovered by the town in a civil action in the nature of debt. Each day that any violation continues after the third civil penalty shall constitute a separate offense. For every day after the third civil citation the offender may be cited $500 a day per offense, or can be charged pursuant to section one. Nothing in this division (B)(4) shall limit the town ability to seek remedies through the courts on the first contact.
(5) The offender shall be given seven days before the first citation is issued to correct the offense or make efforts to begin correction of the offense. Nothing in this section shall limit the town’s ability to seek immediate corrective action on offenses that are temporary or pose a threat to the public health, safety, and welfare.
(6) In addition, the following fees shall be imposed if the town must recover the civil citation using a debt collection agency, lien on the property, or any other type of court proceeding:
(a) Photo fee: $5 for each photo;
(b) Inspection trips after imposition of initial civil penalty: $10 per trip;
(c) Certified mailings: cost of postage;
(d) Attorney fees: actual cost + 10%;
(e) Court fees and cost: actual cost;
(f) Towing fees (generally collected by the tow operator, but if the city incurs any cost then the following will apply): actual cost + 10%; and
(g) Storage fee (generally collected by the tow operator, but if the town occurs any cost the following shall apply): actual cost + 10%.
(Prior Code, § 8-5001) (Ord. passed 8-24-1970; Ord. passed 4-10-2003; Ord. passed 9-21-2006)