(A) Anyone who violates any provision of this chapter for which no specific penalty is provided shall be subject to the terms of § 10.99.
(C) In addition to or in lieu of the other remedies provided by this chapter, any owner of a property whose property shall be declared a public nuisance as provided in this chapter shall be subject to a civil penalty in the amount of $50 for the first offense, $100 for the second offense in the calendar year, and $250 for the third and subsequent offenses in the calendar year. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the town may recover the penalty, together with all costs, by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(D) The person in charge of building identified in § 95.056 or his or her designee who sees a smoker (other than an employee) who is in violation of §§ 95.055 et seq. must ask the smoker to stop smoking. If, after having been asked to stop smoking, the smoker continues to smoke, he or she will be first given a formal warning. Future violations are subject to graduated civil penalties in amounts of $25 for first violation, $50 for second violation, and $100 for third and subsequent violations to be recovered by the town in form of a debt. Violators shall be issued a written citation which must be paid to the town within ten days. Violation of §§ 95.070 et seq. shall not constitute a misdemeanor or an infraction punishable under G.S. § 14-4.
(E) Following oral or written notice by the person in charge of an area described in § 95.060(C) and (D), or his or her designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than $50. A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under § 95.060(C) or (D) has no consequence other than payment of a penalty, and no court costs may be assessed.
(F) In addition to or in lieu of the other remedies provided by this §§ 95.070 et seq., any owner of a property whose property shall be declared a public nuisance and who fails to abate the nuisance after notice as provided in§§ 95.070 et seq. shall be subject to a civil penalty in the amount of the $50 for the first offense, $100 for the second offense in the calendar year, and $250 for the third and subsequent offenses in the calendar year. An administrative fee in the amount of $50 per offense shall be assessed for each violation of §§ 95.070 et seq. If a person fails to pay the civil penalty plus administrative fees and abatement costs within 30 days after being notified of the amount due, the town may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt in addition to any other remedy available under §§ 95.070 et seq.
(1992 Code, § 95.99) (Ord. O-94-06129900, passed 6-12-2000; Ord. 04-O-130, passed 10-11-2004; Ord. O-2008-, passed 4-14-2008; Ord. O-2008-, passed 5-12-2008; Ord. 18-O-081, passed 1-8-2018)