§ 22-4. Enforcement and penalties.

(a)

Civil penalty. Violation of this section shall subject the offender(s) to a civil penalty in the amount of $100.00. In the event there is more than one violation within any 30-day period, then the civil penalty shall be increased for each additional violation during such period, as follows. The date of the first violation shall establish the beginning date for the initial 30-day period.

The penalty shall be:

Second offense within same 30-day period ..... $ 250.00

Third offense within same 30-day period ..... 500.00

Fourth offense within same 30-day period ..... 750.00

Fifth and any subsequent offense within same 30-day period ..... 1,000.00

(1)

Once the 30-day period has expired from the "first violation," the next violation shall be considered to be a first violation for the purposes of establishing a new 30-day period. In the event there are more than six violations within any 12-month period, then each violation after six shall subject the violator(s) to a civil penalty of $1,000.00 per event.

(2)

Under circumstances where a citation is issued, the fine must be paid within five business days of the issue date and time. The town attorney, or designee, is authorized to file suit on behalf of the town to collect any unpaid citations, and the town administrator, or designee, is authorized to verify and sign complaints on behalf of the town in such suits. A sheriff's deputy, animal control officer enforcing subject matter jurisdiction, or other person duly authorized to enforce the noise control ordinances may issue a citation for violations of this article.

(b)

Remedies. This article may also be enforced through equitable remedies issued by a court of competent jurisdiction pursuant to G.S. 160A-175.

(c)

Criminal penalty. In addition to. or in lieu of, such civil penalties or other remedies, violation of this article shall constitute a misdemeanor pursuant to G.S. 14-4.

(Ord. No. O-2017-13, 10-9-2017; Ord. No. O-2017-15, 11-13-2017)