(A) The Town Manager, Chief of Police or their designee(s) shall have responsibility for the enforcement of the noise regulations contained herein. Nothing in this section shall prevent the Town Manager or Chief of Police or their designee(s) from obtaining voluntary compliance by way of warning, notice or education.
(B) Initiation of enforcement. The provisions of § 97.03
(A) (noises intended to disturb) and shall be enforced only as the result of the receipt of a complaint. All other provisions of this chapter may be enforced either as the result of the receipt of a complaint or as the result of the observations of any law enforcement officer or other employee or official of the town.
(C) Civil penalties. A violation of § 97.08
(A)(14) shall subject the offender(s) to a civil penalty in the amount of $500.00 for the first offense; and $1,000.00 for the second and each subsequent offense. Any other violation of this chapter [excepting § 97.14
which is addressed in § 97.99
(D) below] shall subject the violator to a civil penalty in the amount of $100.00 provided, that subsequent violations within any l2-month rolling period shall subject the violator to the following civil penalties: a second violation in any rolling 12-month period shall subject the violator to a civil penalty in the amount of $250.00, and a third and any subsequent violation in any rolling 12-month period shall result in the assessment of a $500.00 civil penalty.
(D) A violation of § 97.14 shall subject the offender(s) to a civil penalty in the amount of $250.00 for the first offense; $500.00 for the second offense; $750.00 for the third offense; and $1,000.00 for the fourth and each subsequent offense.
(E) If any person fails to pay a civil penalty within 15 days after being cited for a violation, the town may seek to recover the penalty in a civil action in the nature of debt.
(F) The provisions of this chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(G) Each day's continuing violation of any provisions of this chapter shall be a separate and distinct offense.
(H) Appeal of civil penalty. Appeal of a civil penalty amount may be made to the Town Manager or designee by filing an appeal stating with specificity the grounds for the appeal and the reasons the penalty should be reduced or abated. In considering the appeal, the Town Manager or designee may consider the following:
(1) The gravity of the violation;
(2) Any action taken or not taken by the violator to avoid and/or correct the violation;
(3) The cost of the action to correct the violation;
(4) Any previous violations committed by the violator, on the same or different site; and
(5) Any competent mitigating or exonerating evidence presented by the party appealing the penalty.
(I) Criminal penalties.
(1) A person committing more than two violations of this chapter during any rolling 12-month period shall also be guilty of a Class 3 misdemeanor and shall be fined not more than $500.00, exclusive of and in addition to the civil penalties imposed.
(2) A person committing a violation of § 97.14 shall also be guilty of a Class 3 misdemeanor and shall be fined not more than $500.00, exclusive of and in addition to the civil penalties imposed. In addition to any other remedy, the court shall order any person convicted of a violation of § 97.14 to make restitution to the victim and/or to the Town of Wrightsville Beach for the damage or loss suffered by the victim and/or to the Town of Wrightsville Beach as a result of the offense. The court may determine the amount, terms, and conditions of the restitution.
(Ord. 1710, passed 5- -13; Am. Ord. 1766, passed 5-11-17; Am. Ord. 1810, passed 9-10-20; Am. Ord. 1853, passed 9-13-23)