§ 91.99 PENALTY.

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

   (B)   (1)   When it is reasonable and practical to do so, a person believed to be violating any portion of §§ 91.01 to 91.13 may be given an oral order to cease or abate the noise immediately, or as soon as is reasonable or practical, prior to being charged with a violation.

      (2)   If the order to cease or abate the noise is not complied with, the person or persons responsible for the violation may be charged with a violation of §§ 91.01 to 91.13.

      (3)   When there is a violation of any provision of §§ 91.01 to 91.13, the county may take one or more of the following enforcement actions.

         (a)   Where there is a continuing violation, each day’s continuing violation is a separate and distinct offense.

         (b)   Violation of any provision of §§ 91.01 to 91.13 shall constitute a misdemeanor and upon first violation a warning will be issued. Upon conviction of subsequent violation, a violator may be punishable by a fine of up to $500 or imprisoned for not more than 30 days.

         (c)   The county may apply for an appropriate equitable remedy from the General Court of Justice, including, but not limited to, mandatory or prohibitory injunctions and orders of abatement as allowed by G.S. § 153A-123(d) and (e). Such civil actions may name as defendants any person or persons creating, allowing the creation of, or assisting in the creation of any unlawful noise, including the owner of the premises from which it emanates and the person having actual control of the premises from which it emanates.

   (C)   (1)   Those alarm users exceeding the maximum number of false alarms allowed pursuant to the terms of the county alarm system regulations (§§ 91.25 to 91.32) shall pay the following sums for the benefit of the county and municipalities public safety agencies:

         (a)   For alarm response numbers three through five: the sum of $50 each; and

         (b)   For alarm response numbers six or more: the sum of $100 each.

      (2)   The appropriate county personnel are authorized and directed to institute appropriate civil actions to recover alarm response fees due pursuant to this resolution with all court costs and service fees to be taxed against the debtor.

   (D)   (1)   It shall be unlawful for any person to violate or fail to comply with any of the provisions of §§ 91.45 to 91.47. Each violation shall constitute a separate offense.

      (2)   Enforcement may be by any one or a combination of the following methods and the institution of an action under these methods shall not relieve any party from any other criminal or civil proceeding prescribed for violations:

         (a)   Warning citation. A warning citation may be issued for first offense;

         (b)   Criminal offense. A violation of §§ 91.45 to 91.47 shall constitute a misdemeanor offense as provided by G.S. § 14-4; and/or

         (c)   Civil penalty. Any act constituting a violation shall subject the offender to a civil penalty in the amount of $100. The civil penalty must be paid within 30 days from the issuance of the citation. Failure to pay the penalty in the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty together with the cost of the action, including attorney fees, to be taxed by the court.

      (3)   The criminal or civil proceeding shall be enforced by the County Fire Marshal, or authorized representative, or the County Sheriff.

   (E)   Any person violating §§ 91.60 to 91.63 shall be guilty of a misdemeanor and shall be punishable by a fine and/or imprisonment, as set out in G.S. § 14-4.

(Ord. passed 6-6-1994; Ord. passed 4-7-2008; Res. passed 2-2-2009; Ord. passed 1-3-2011)