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 Code of Ordinances
 Chapter 14. OFFENSES AND MISCELLANEOUS PROVISIONS

  § 14-37. Penalties for violation of noise restrictions.  

Latest version.

  • (a)

    Civil penalties.

    (1)

    Any person violating any of the provisions of sections 14-29 through 14-38 shall be subject to a civil penalty of not more than $100.00 for the first through fifth day of a violation, and shall be subject to a civil penalty of not more than $500.00 per day for the sixth and any subsequent days. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of a continuing violation shall constitute a separate violation under this subsection.

    (2)

    The town council shall determine the amount of the civil penalty to be assessed under this subsection, shall make written demand for payment upon the person responsible for the violation, and shall set forth in detail the violation for which the penalty has been invoked. If payment is not received within 60 days after demand for payment is made, the matter shall be referred to the town attorney for institution of a civil action in the name of the town in the appropriate division of the General Court of Justice of Wake County for recovery of the penalty.

    (3)

    As an additional remedy, whenever the town council has reasonable cause to believe that any person causes or allows the operation or maintenance of any noise source, in violation of any provisions of sections 14-29 through 14-38 or which causes any unreasonably loud, annoying, frightening, loud and disturbing noise, it may, either before or after the institution of any other action or proceeding authorized by this subsection, institute injunctive relief to restrain the violation. The action shall be brought in the appropriate division of the General Court of Justice of Wake County. The institution of an action for injunctive relief shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this chapter.

    (b)

    Criminal penalties. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor punishable by imprisonment not to exceed 30 days or by fine not to exceed $50.00. Each day of a continuing violation shall constitute a separate violation under this subsection.