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HomeMy WebLinkAboutORD-2021-029-Ordinance Text Amendments and Re-Adoption � � 5 ORD - 2021- 029 Attachment 1 c Ordinance Text Amendments and Re -Adoption Sectionsitst reading involving c: i Sec . 1 -7 . - General penalty . ( a ) Should an ordinance in this Code of Ordinances provide that the violation thereof is a misdemeanor then any person violating or failing, refusing or neglecting to comply with any provision or requirement of & , rw �, � i � ° ° C � � pthat ordinance or section of this Code of Ordinances n , shall be guiltv of a misdemeanor as provided b NCGS 144 and punished by a fine not to exceed $ 500 . 00, or shall be imprisoned for not more than 30 days , for each offense . sea ( e ) Except as otherwise specified herein or rohi iced by law , i f any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance is a misdemeanor and ° ate w4 ee4A y in addition to the imposition of a fine or imprisonment as authorized by Sec . 1 - 7 as further authorized by NCGS 14 - 4 , mad be abated by the Counter pursuant to the procedures set out in NCGS 15423 ( e ] . Sec . 4=51 . - Penalties . ( a ) The violation of any provision of this Ordinance &4a4-May be a misdemeanor and any person convicted of such violation shall be punishable as provided in North Carolina General Statutes section 144, or other applicable law . Each day ' s violation of this Ordinance is a separate offense . Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his or her liability for taxes , fees or civil penalties imposed under this Ordinance . Sec . 842 . - Remedies . ( a ) Any person violating any of the provisions of this Article shall e subject to a civil penalt of $ 100 . 00 . Each daV of a continuing violation shall constitute a separate violation under this subsection . The count manager $ or his or her designee , shall be authorized to assess civil penalties under this Article and shall make written derna e for the violation and shall set forth in detail the violation for which the malt has been involeed . if a ment is not received ore uitable settlement reached within 00 da s after dernand for a ment is made the matter shall be referred to the county attorneN for institution of a civil action in the name of the county in the appropriate division of the General Court of Justice of Oran e Count for recover of the malt An sums recovered shall be used to carry out the purposes and recuirernents of this Article . An �r such civil pnalties rrwa be 6 recovered in the nature of debt . Sec . 8-81 . Repealed . A T T Sec . 8400 . - Remedies . ( a ) Any person violating any of the provisions of this Article shall be subject to a civil penalty of $ 100 . 00 . Each day of a continuing violation shall constitute a separate violation under this subsection . The county manager , or his or her designee, shall be authorized to assess civil penalties under this Article and 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 or equitable settlement reached within 60 days after demand for payment is made , the matter shall be referred to IF the county attorney for institution of a civil action in the name of the county in the appropriate division of the General Court of Justice of Grange County for recovery of the penalty . Any sums recovered shall be used to carry out the purposes and requirements of this Article . Any such civil penalties may be recovered in the nature of debt . Sec . 8422 . - Remedies . ( a ) Any person violating any of the provisions of this Article shall be subject to a civil penalty of $ 100 . 00 . Each day of a continuing violation shall constitute a separate violation under this subsection . The county manager , or his or her designee , shall be authorized to assess civil penalties under this Article and shall make written demand for payment upon the person responsible for thi violation and shall set forth in detail the violation for which the penalty has been invoked . If payment is not received or equitable settlement reached within 60 days after demand for payment is made , the matter shall be referred to the county attorney for institution of a civil action in the name of the county in the appropriate division of the General Court of Justice of Grange County for recovery of the penalty . Any sums recovered shall be used to carry out the purposes and requirements of this Article . Any such civil penalties may be recovered in the nature of debt . 7 Sectionsit reading invo vingin language . Re adoption [ nance sections recommended out of an abundance of cautionr e in the requirements r adoption ordinancesith misdemeanor penalties . Sec . 4=42 . - Control of dangerous animals ; security dogs . ( h ) (4) Any violation of this section may be a misdemeanor and subject to a fine of $ 500 . 00 or imprisonment of not more than 30 days . Sec . 4433 . - Enforcement . ( b ) ( 1 ) Criminal Offenses — A violation of any provision of this Division constitutes a Class 3 Misdemeanor and shall be punishable as provided in North Carolina General Statutes § 144 . Each day ' s continuing violation shall constitute a separate offense . Sec . 4484 . - Enforcement . ( b) ( 1 ) Criminal Offenses - A violation of any provision of this Division constitutes a misdemeanor and shall be punishable as provided in North Carolina General Statutes § 144 . Each day ' s continuing violation shall constitute a separate offense . Sec . 14=42 . - Penalty for violation of article . Except as provided in section 14-36, any person violating any prohibition or restriction imposed by a proclamation authorized by this article shall be guilty of a misdemeanor, punishable upon conviction in accordance with section 1- 7 , as provided by G . S . 144 . Sec . 14= 83 . - Violations . It shall be a misdemeanor for any person to violate any of the provisions of this Ordinance or plans issued pursuant to the authority contained herein , or willfully obstruct, hinder or delay any member of the emergency management organization as herein defined in the enforcement of the provisions of this Ordinance or any plan issued thereunder. 8 Sec . 14429 . — Enforcement ( a ) ( 5 ) Recommend to the Board of Commissioners the temporary or permanent suspension of a franchise in the event of noncompliance with the franchise terms of this Ordinance . Recommend the imposition of misdemeanor or civil penalties as provided therein . Sec . 14- 261 . - Criminal penalties . Any person who violates the provisions of this article or fails to comply with any of its requirements shall , upon conviction , be guilty of a misdemeanor and shall be punished as provided in G . S . 144 . Sec . 16 -37 . - Enforcement and penalties . ( b ) The person in charge of a building or vehicle identified in Section 16 - 33 or his or her designee who sees an individual using a tobacco product ( other than an employee ) who is in violation of this Ordinance must ask the individual to stop using the tobacco product . If, after having been asked to stop using the tobacco product, the individual continues to use the tobacco product, he or she shall be in violation of this Ordinance . Violators of this Ordinance shall be guilty of a misdemeanor and , upon conviction , shall be punished by a fine not to exceed $ 500 . 00 in accordance with N . C . General Statute § 14-4 ( a ) . Sec . 16 -57 . - Violations and penalties . ( c ) Criminal penalties . Any person who violates any provision of this Article shall be deemed guilty of a class 3 misdemeanor punishable by imprisonment not to exceed 15 days or by fine not to exceed $ 500 . 00, or both . Each day of a continuing violation shall constitute a separate violation under this subsection . Sec . 18419 . — Infraction . Any person who violates the provisions of this article shall be responsible for an infraction , as provided in G . S . 1441, and shall be required to pay a penalty of $ 50 . 00 . Sec . 244 . - Regulating hunting and fishing in Orange County. (j ) Any person convicted of a violation of this Ordinance is guilty of a Class 3 Misdemeanor and upon conviction shall be fined not more than $ 500 . 00 . 9 Sec . 24-3 . - Regulating the discharge of firearms . ( h ) A violator of this Section shall be guilty of a Class III misdemeanor punishable by a fine of up to $ 500 . 00 . A violation of this Section may subject the violator to a civil penalty of up to $ 500 . 00 . All assessed penalties may be recovered in any manner authorized by law and , if not paid within 30 days, may be recovered in the nature of debt . i Sec . 24-4 . - Regulating the display of pyrotechnics . ( e ) Any person violating any provision of this Section shall be guilty of a misdemeanor and subject to a fine of not more than $ 500 . 00 and/or imprisonment for not more than 30 days . Violators may be subject to a civil penalty of $ 500 . 00 per violation to be recovered in the nature of debt if not paid within 30 days . Sec . 34- 1 . - Restricting the disposal of solid waste at the county landfill . ( c ) ( 1 ) Criminal penalty . Any person violating this Ordinance shall be guilty of a misdemeanor punishable by a fine of not to exceed $ 500 . 00 or imprisonment for not more than 30days , or both . Each violation and each day ' s violation shall be treated as a separate offense . Sec . 3447 . Enforcement ( a ) Criminal penalty . Any person violating this article shall be guilty of a misdemeanor punishable in accordance with section 1- 7 . Each day ' s continuing violation shall be a separate and distinct offense . Sec . 34-77 . - Enforcement . ( 3 ) Criminal penalty . Any person violating this article shall be guilty of a misdemeanor punishable by a fine not to exceed $ 500 . 00 or imprisonment for not more than 30 days , or both . Each day ' s continuing violation is a separate and distinct offense . Each violation is a separate and distinct offense . Sec . 36-34 . — Penalties . Any violation of the provisions of this Article shall constitute a misdemeanor, punishable upon conviction in accordance with section 1- 7, as provided by G . S . § 144 . Any such violation may be enjoined , restrained or abated as provided by G . S . § § 153A423 ( d ) and 153A423 ( e ) . Sec . 36-67 . - Penalties and remedies . ( a ) Any violation of any of the provisions of this Division shall constitute a misdemeanor, punishable as provided in G . S . § 14-4 .